Colorado § 8-47-102 - Director to enforce orders.

§ 8-47-102. Director to enforce orders.

If any person fails or refuses to comply with an order of the director, or to obey any subpoena issued by the director or agents of the division, or to furnish the statistics, data, and information required to be furnished to the division by the provisions of articles 40 to 47 of this title, or refuses to permit an inspection as provided in said articles, or being in attendance refuses to be sworn or examined, or to answer a question, or to produce a book or paper when ordered to do so by the director or any of the deputies, agents, or referees of the division, the director may apply to the district court, upon proof by affidavit of the facts, for an order, returnable in not less than three days nor more than five days, directing such person to show cause before the district court which made the order why such person should not be committed to jail. Upon the return of such order, the district court shall examine under oath such person and give the person an opportunity to be heard. If the court determines that the person has refused without legal excuse in any one of the foregoing matters, it may commit the offender to jail forthwith by warrant, there to remain until the person submits to do the act which said person was required to do or until said person is discharged according to law.

Source: L. 90: Entire article R&RE, p. 552, § 1, effective July 1.

Editor's note: This section is similar to former § 8-46-103 as it existed prior to 1990.

ANNOTATION

Annotator's note. (1) Since § 8-47-102 is similar to § 8-46-103 as it existed prior to the 1990 repeal and reenactment of the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.

(2) The case included in the annotations to the section which refers to the industrial commission was decided prior to the 1969 amendment which vested the director of the division of labor with the power previously exercised by the industrial commission to enforce orders.

The industrial commission has no discretion to deny enforcement of an award under the workmen's compensation act. Coursey v. Indus. Comm'n, 82 Colo. 311, 259 P. 514 (1927).

A claimant is as much entitled to the enforcement of his award as a judgment creditor is to an execution. Coursey v. Indus. Comm'n, 82 Colo. 311, 259 P. 514 (1927).

Facts relieving industrial commission of duty to enforce award should appear in return. In an action in mandamus against the industrial commission to compel enforcement of an award under the workmen's compensation act, if there are facts which relieve the commission of its duty to enforce the award, they should be made to appear in the return. Coursey v. Indus. Comm'n, 82 Colo. 311, 259 P. 514 (1927).

Two methods are given to enforce an award: One by application to the district court under this section, another by penalty for delay under § 8-53-126. Coursey v. Indus. Comm'n, 82 Colo. 311, 259 P. 514 (1927).