2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 160. Private Investigators
Section 12-160-110. Disciplinary actions - grounds for discipline - rules - cease-and-desist orders.

[Editor's note: This article 160 is in a one-year wind-up period. For further explanation regarding the wind-up period, see the editor's note following the article heading.] (1) The director may take disciplinary or other action as authorized in section 12-20-404 against an applicant or licensee if the applicant or licensee:

1. Violates any order of the director, any provision of this article 160, an applicableprovision of article 20 of this title 12, or any rule adopted under this article 160;

2. Fails to meet the requirements of section 12-160-107 or uses fraud,

misrepresentation, or deceit in applying for or attempting to apply for a license;

3. Is convicted of or has entered a plea of guilty or nolo contendere to a felony; to anoffense, the underlying factual basis of which has been found by the court to involve unlawful sexual behavior, domestic violence, as defined in section 18-6-800.3 (1), or stalking, as defined in section 18-3-602; or to violation of a protection order, as defined in section 18-6-803.5. In considering the disciplinary action, the director is governed by sections 12-20-202 (5) and 24-5101 in considering the conviction or plea.

4. Has failed to report to the director the conviction of or plea to a crime specified insubsection (1)(c) of this section;

5. Advertises or presents himself or herself as a licensed private investigator withoutholding an active license;

6. Has been subject to discipline related to the practice of private investigations in another jurisdiction. Evidence of disciplinary action in another jurisdiction is prima facie evidence for denial of a license or other disciplinary action if the violation would be grounds for disciplinary action in this state.

7. Commits an act or omission that fails to meet generally accepted standards of thepractice of private investigations; or

8. Fails to comply with surety bond requirements as specified in section 12-160-108.

2. The director may adopt rules establishing fines that he or she may impose on a licensee. The rules must include a graduated fine structure, with a maximum allowable fine of not more than three thousand dollars per violation.

3. The director need not find that the actions that are grounds for discipline were willfulbut may consider whether the actions were willful when determining the nature of disciplinary sanctions to impose.

4. (a) The director may commence a proceeding to discipline a licensee when the director has reasonable grounds to believe that the licensee has committed an act or omission specified in this section.

(b) In any proceeding held under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a licensee in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 160.

5. Section 12-20-403 governs disciplinary proceedings, investigations, hearings, and thegathering of evidence in all matters related to the director's exercise and performance of the director's powers and duties under this article 160.

6. The director may seek an injunction in accordance with section 12-20-406 to enjoin aperson from committing an act prohibited by this article 160.

7. A final action of the director is subject to judicial review in accordance with section12-20-408. The director may institute a judicial proceeding in accordance with section 24-4-106 to enforce an order of the director.

8. If it appears to the director, based upon credible evidence as presented in a writtencomplaint, that a licensee is acting in a manner that is an imminent threat to the health and safety of the public, or if a person is conducting private investigations or presenting himself or herself as or is using the title "private investigator", "private detective", or "licensed private investigator" without having obtained a license, the director may issue an order to cease and desist the activity in accordance with the procedures specified in section 12-20-405.

9. The director may issue and send a licensee a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4).

10. The director may send a licensee a confidential letter of concern under the circumstances specified in section 12-20-404 (5).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1017, § 1, effective October 1.

Editor's note: This section is similar to former § 12-58.5-109 as it existed prior to 2019. 12-160-111. Repeal of article - review of functions. [Editor's note: This article 160 is in a one-year wind-up period. For further explanation regarding the wind-up period, see the editor's note following the article heading.] This article 160 is repealed, effective September 1, 2020. Before the repeal, the powers, duties, and functions of the director regarding the licensure of private investigators under this article 160 are scheduled for review in accordance with section 24-34-104.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1021, § 1, effective October 1.

Editor's note: This section is similar to former § 12-58.5-112 as it existed prior to 2019.