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CO · rules

C.R.C.P. 252.13

Determination of Claims

activein force · 2023-09-01 – presentact-effective-date

(a) Eligibility Determination of Request for Claim: Upon receiving a report of

investigation from Regulation Counsel, the Board will evaluate the Request for Claim as to

the eligibility factors listed in Rule 252.10. The Board may deny a claim on the basis of

eligibility without evaluating the amount of the Request for Claim.

(b) Board Review and Final Determination of Claims: Based on reports of investigation from Regulation Counsel, the Board will evaluate each eligible Claim and determine on the basis of all available evidence whether to reimburse a claim at all, in whole,

or in part. The approval, partial approval, or denial of a claim requires a majority vote of

the board members present at a meeting. The following provisions apply to the Board’s

consideration and determination:

(1) A final decision as defined in C.R.C.P. 241 disciplining a Respondent attorney for

the same dishonest conduct alleged in a Claim, or a final judgment imposing civil or

criminal liability for the same dishonest conduct alleged in a Claim, is conclusive evidence

that the Respondent Attorney committed the dishonest conduct alleged in the Claim.

(2) Any proceeding upon a Claim need not be conducted according to rules relating to

evidence, procedure and witnesses. Any relevant evidence may be admitted if it is the sort

of evidence on which responsible persons are accustomed to rely in the conduct of serious

affairs, regardless of the existence of any common law or statutory rule which might make

improper the admission of such evidence over objection in court proceedings.

(3) The Board’s determination is not a finding of dishonest conduct for purposes of

professional discipline or other legal proceedings.

(c) Notice of Board Determination of a Claim: Both the Claimant and the Respondent Attorney will be advised of the status of the Board’s consideration of the Request for

Claim and Claim and must be informed of the final determination.

(d) Payment of Claims: With the assistance of Regulation Counsel, the Board will

determine the order and manner of payment and pay all approved Claims, but unless the

Board directs otherwise, no Claim should be approved during the pendency of a disciplinary proceeding involving the same act or conduct that is alleged in the Claim if the

Respondent Attorney disputes the pertinent allegations. Payment of a Claim may be made

in a lump sum or in installments in the discretion of the Board.

(e) Requests for Reconsideration: Either the Claimant or the Respondent Attorney

may request in writing reconsideration of a Board determination within 35 days of the

denial or determination of the amount of a Claim. If the Claimant or the Respondent

Attorney fails to make a request or the request is denied, the decision of the Board is final.

History

Source: Added and adopted June 25, 1998, effective January 1, 1999; entire rule amended and adopted June 15, 2023, effective September 1, 2023 (Rule Change 2023(11)).

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
b244f0455138e5baeb1090beb88f41c46f66d0ad69b2614222ffa879e5d97c48
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C.R.C.P. 252.13 — Determination of Claims · binding.law