Colorado § 6-1-108 - Subpoenas - hearings - rules.

§ 6-1-108. Subpoenas - hearings - rules.

(1) When the attorney general or a district attorney has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a deceptive trade practice described in this article 1, the attorney general or a district attorney, in addition to other powers conferred upon the attorney general or a district attorney by this article 1, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and adopt such rules as may be necessary to administer this article 1.

(2) Service of any notice or subpoena may be made in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure.

(3) (a) If the records of a person that has been issued a subpoena are located outside this state, the person shall either:

(I) Make them available to the attorney general or district attorney at a convenient location within this state; or

(II) Pay the reasonable and necessary expenses for the attorney general or district attorney, or the attorney general's or district attorney's designee, to examine the records at the place where they are maintained.

(b) The attorney general or district attorney may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general or district attorney.

Source: L. 69: p. 374, § 5. C.R.S. 1963: § 55-5-5. L. 77: (1) amended, p. 349, § 4, effective July 1. L. 2013: (3) added, (SB 13-248), ch. 270, p. 1417, § 2, effective July 1. L. 2016: (1) amended, (HB 16-1094), ch. 94, p. 264, § 3, effective August 10. L. 2017: (1) and (2) amended, (HB 17-1023), ch. 64, p. 204, § 1, effective March 20. L. 2021: (1) amended, (SB 21-190), ch. 483, p. 3465, § 5, effective July 1, 2023. L. 2026: (1), IP(3)(a), and (3)(a)(II) amended, (HB 26-1426), ch. 334, p. 1991, § 11, effective August 12.

Cross references: For service of subpoena, see C.R.C.P. 45 (b).

ANNOTATION

This section is not unconstitutionally defective in authorizing the attorney general to issue a subpoena. People ex rel. MacFarlane v. Am. Banco Corp., 194 Colo. 32, 570 P.2d 825 (1977).

The purpose of this section empowering the attorney general to make investigations and issue subpoenas is to enable him to determine whether an action for injunctive relief should be brought. People ex rel. MacFarlane v. Am. Banco Corp., 194 Colo. 32, 570 P.2d 825 (1977).

Refusal to submit to unreasonable subpoena. The person from whom information is sought may refuse to submit to the demands of the subpoena if it is unreasonable. People ex rel. MacFarlane v. Am. Banco Corp., 194 Colo. 32, 570 P.2d 825 (1977).

Issuance of administrative subpoena under this section by district attorney for dominant purpose of gathering evidence for a pending criminal prosecution is an abuse of process and evidence so obtained should be suppressed from use in the pending criminal prosecution. People v. Fleming, 804 P.2d 231 (Colo. App. 1990).

Absent a waiver of immunity, an Indian tribe is immune from any action — criminal, civil, or injunctive — the attorney general may bring in a court to enforce the Colorado Consumer Protection Act. State ex rel. Suthers v. Cash Ad. & Pref., 205 P.3d 389 (Colo. App. 2008), aff'd on other grounds sub nom. Cash Advance & Pref. Cash Loans v. State, 242 P.3d 1099 (Colo. 2010).

Tribal sovereign immunity does not prevent the enforcement of the attorney general's subpoenas for information relevant to the determination by the trial court of whether sovereign immunity applies to a business affiliated with the tribe. State ex rel. Suthers v. Cash Ad. & Pref., 205 P.3d 389 (Colo. App. 2008), aff'd on other grounds sub nom. Cash Advance & Pref. Cash Loans v. State, 242 P.3d 1099 (Colo. 2010).