8 Colo. Code Regs. § 1505-8-5
Current through Register Vol. 47, No. 22, November 25, 2024
Rule 8 CCR 1505-8-5 - [Effective until 1/1/2025] Complaints and Enforcement5.1 Filing a complaint5.1.1 Any person who believes that a professional lobbyist or lobbying firm is not complying with the Colorado Lobbyist Regulation laws or these rules, may file a complaint with the Secretary of State.5.1.2 A person may file a written complaint with the Secretary of State, on the Secretary of State's approved form. At a minimum, the complaint must contain the following information:(a) The complainant's name;(b) The complainant's address and electronic mail address, if applicable;(c) The alleged violation, which may include a reference to the specific statute or rule;(d) The lobbyist or firm name;(e) The date and location of the alleged violation, if known; and(f) Other applicable or relevant information or documentation.5.2 Notice of complaint 5.2.1 Upon receipt of a complaint, the division will:(a) Notify and provide a copy of the complaint to the respondent by mail or by electronic mail if electronic mail is available; and(b) In the case of a state liaison, notify the head of the principal department in writing;(c) In the case of a state official or employee lobbying on behalf of a principal department, notify the state liaison in writing; or(d) In the case of a state official or employee lobbying on behalf of an institution or governing board of higher education, notify the institution or governing board in writing.5.3 Initial review 5.3.1 After receiving a complaint, the division will conduct an initial review within 21 days. The division may extend this time period to allow for clarification and further information gathering. The division will determine whether the lobbyist complaint: (a) Specifically identifies one or more violations of section 24-6-301 et seq. C.R.S. and(b) Alleges sufficient facts to support a basis for the violations of law alleged in the complaint.5.3.2 Upon initial review, the division will take at least one of the actions below: (a) Dismiss the complaint if the complainant failed to specifically identify one or more violations of section 24-6-301 et seq. C.R.S., or allege sufficient facts to support a factual and legal basis for the violations of law alleged in the complaint;(b) Conduct an investigation. If the division decides to conduct an investigation, it will notify the respondent and complainant in writing of the investigation.5.4 Response to a complaint filed against lobbyist or lobbying firm5.4.1 At any time during the division's initial review or investigation, the respondent may respond to the allegations and provide other relevant information or documentation. The division may extend this time period to allow for clarification and further information gathering.5.5 Division investigation 5.5.1 The division may conduct an investigation of the alleged violation.5.5.2 If the division conducts an investigation, it will do so within 28 days from the date of the notification sent in Rule 5.3. The division may extend this time period at its discretion.5.5.3 If, after its investigation, the division does not have reasonable grounds to believe that a violation of section 24-6-301 et. seq. C.R.S. has occurred, or otherwise concludes that enforcement pursuant to Rule 5.6 is not warranted then the division must make a motion to the Secretary of State or their designee to dismiss the complaint as a final agency decision.5.6 Enforcement 5.6.1 If, after its investigation, the division has reasonable grounds to believe that a violation of section 24-6-301 et seq. C.R.S., has occurred, the division may initiate a hearing with the Secretary of State or their designee under section 24-4-105, C.R.S.5.6.2 During the hearing, the division may recommend that the Secretary of State or their designee take any one or more of the following actions:(b) Suspend, revoke, or bar a person or entity from registration;(c) Refer the matter to the general assembly;(d) Provide notice to the general assembly when a substantial violation has occurred;(e) Apply to the district court for the issuance of an order in accordance with section 24-6-309(2), C.R.S.; or(f) Determine another remedy in accordance with section 24-6-301 et seq. C.R.S.5.6.3 Following a hearing under Rule 5.6.1, the Secretary of State or their designee may dismiss the complaint or take any of the actions listed in Rule 5.6.1. The decision following a hearing is a final agency decision.41 CR 11, June 10, 2018, effective 6/30/201843 CR 01, January 10, 2020, effective 1/30/202044 CR 12, June 25, 2021, effective 7/30/2021