(1) In administering this article and in order to determine compliance with this article, the administrator may examine the books and records of persons subject to the article and may make investigations of persons necessary to determine compliance. For this purpose, the administrator may administer oaths or affirmations, and, upon the administrator's own motion or upon request of any party, may subpoena witnesses, compel their attendance, compel testimony, and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition, and location of, any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. If the administrator prevails in any civil action brought as a result of such an investigation, the court shall award the administrator costs and a reasonable attorney fee.
If the person's records are located outside Colorado, the person shall, at the person'soption, either make them available to the administrator at a convenient location in Colorado, or pay the reasonable and necessary expenses for the administrator or the administrator's representative to examine them at the place where they are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the administrator's behalf.
Upon failure without lawful excuse to obey a subpoena or to give testimony andupon reasonable notice to all persons affected thereby, the administrator may apply to a court for an order compelling compliance.
The administrator may not make public the name or identity of a person whose actsor conduct the administrator investigates under this section or the facts disclosed in the investigation, but this subsection (4) shall not apply to disclosures in actions or enforcement proceedings under this article.
Source: L. 90: Entire article added, p. 375, § 1, effective January 1, 1991.
Assurance of discontinuance. If it is claimed that a person has engaged in conduct subject to an order by the administrator or by a court under this article, the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance shall be evidence that before the assurance the person engaged in the conduct described in the assurance.
Source: L. 90: Entire article added, p. 375, § 1, effective January 1, 1991.
Notification by lessors - contents. (1) A lessor shall file a notification as prescribed in subsection (2) of this section with the administrator:
Within thirty days after soliciting or entering into a rental purchase agreement subjectto this article; and
Before February 1 in each subsequent year that the lessor solicits or enters into arental purchase agreement subject to this article.
(2) The notification required under subsection (1) of this section shall state the following:
The name of the lessor and, if different, the name in which business is transacted;
The address of the lessor's principal office, which may be outside Colorado;
The address of all offices or stores, if any, in Colorado at which rental purchaseagreements are made;
If rental purchase agreements are made in a place other than an office or store inColorado, a brief description of the place and manner in which they are made; and
The address of the registered agent upon whom service of process may be made inColorado.
If information in a notification becomes inaccurate after filing, no further notificationis required until the lessor is required to file a subsequent notification pursuant to subsection (1) of this section.
Source: L. 90: Entire article added, p. 376, § 1, effective January 1, 1991.