1 Colo. Code Regs. § 205-2, Regulation 44-20-404(1)(f)(V)
Current through Register Vol. 47, No. 22, November 25, 2024
Regulation Regulation 44-20-404(1)(f)(V)Whenever the division refers evidence of a licensee's alleged violations to the board in the form of an affidavit of probable cause, the board shall respond to the affidavit in the following manner:
(a) If the board does not find probable cause based upon its examination of the affidavit, the board shall do one of the following: (1) suspend its consideration of the matter with a request to the division to bring the matter back to the board with additional information; or,(2) inform the division that the board declines to prosecute the case.(b) If the board does find probable cause based upon its examination of the affidavit, it may: (1) decline to prosecute the case; or,(2) prosecute the case in the appropriate venue as follows:(i) if the license class of the respondent is a salesperson, the board shall assign the executive director or his or her appointee to hear the case; or,(ii) if the license class of the respondent is other than a salesperson, the board shall assign the case for hearing either to the board, itself, or to the Office of Administrative Courts.(c) Whenever the board has decided to prosecute the case, it shall do the following: (1) turn the case over to the attorney general to begin prosecuting the case; or,(2) authorize the executive secretary to (i) attempt to negotiate a settlement of the case without a hearing and, (ii) if the settlement process is unsuccessful, turn the case over to the attorney general to begin prosecuting the case.(d) Whether the board does or does not find probable cause based upon its examination of the affidavit, it may, if appropriate, refer the matter to another agency.1 CCR 205-2, Regulation 44-20-404(1)(f)(V)
43 CR 24, December 25, 2020, effective 11/17/202044 CR 24, December 25, 2021, effective 1/14/202245 CR 03, February 10, 2022, effective 3/17/202245 CR 14, July 25, 2022, effective 8/15/2022