CO · rules
C.R.C.P. 232.10
Formal Investigation of Allegations
(a) Commencement of Investigation.
(1) Initiation. A formal investigation may commence if a decision to investigate is
made under C.R.C.P. 232.9(b).
(2) Notice and Response. When the Regulation Counsel commences a formal investigation under this section 232.10, the Regulation Counsel must give the respondent notice
of the investigation, the allegations against the respondent, and the UPL rules that may be
implicated by the allegations. If requested to do so, the respondent must submit to the
Regulation Counsel a written response to the allegations within 21 days.
(b) Procedures for Investigation.
(1) Investigator. A member of the Regulation Counsel’s staff, a member of the
Regulation Committee, or a special counsel appointed under C.R.C.P. 232.5(d) may act as
investigator. The investigator must promptly investigate the allegations, which may include
conducting interviews and procuring evidence.
(2) Subpoenas.
(A) Issuance. During an investigation, the Regulation Counsel or the Chair of the
Regulation Committee may issue subpoenas to compel the attendance of witnesses,
including the respondent, and to compel the production of relevant documents and other
evidence.
(B) Standards. Subpoenas issued under this section 232.10 and challenges thereto are
subject to C.R.C.P. 45. Challenges to subpoenas must be directed to the supreme court,
which may refer the matter to the Presiding Disciplinary Judge.
(c) Results of Investigation. After an investigation by the Regulation Counsel’s staff,
the Regulation Counsel must make a determination under C.R.C.P. 232.11. After an
investigation conducted by an investigator who is not a member of the Regulation
Counsel’s staff, the investigator will submit a written report of investigation and recommendation to the Regulation Committee for a determination under C.R.C.P. 232.12.
History
Source: Entire rule and Comment adopted and effective December 15, 2022 (Rule Change 2022(17)). COMMENT For purposes of C.R.C.P. 45 a respondent subject to an investigation is considered a party, but a complaining witness is not considered a party.
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
23ecafd0d8e6c27bff549b4a7f2eedd2d5f9bbfef560a42263052de039917e9d
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