Statute of limitations.

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(a) An action or proceeding brought pursuant to section 5-19-233 (a), (b), or (c) shall be commenced within four years after the conduct that is the basis of the administrator's complaint.

(b) An action brought pursuant to section 5-19-235 shall be commenced within two years after the latest of:

  1. The individual's last transmission of money to a provider;

  2. The individual's last transmission of money to a creditor at the direction of the provider;

  3. The provider's last disbursement to a creditor of the individual;

  4. The provider's last accounting to the individual pursuant to section 5-19-227 (a);

  5. The date on which the individual discovered or reasonably should have discoveredthe facts giving rise to the individual's claim; or

  6. Termination of actions or proceedings by the administrator with respect to a violationof this part 2.

(c) The period prescribed in subsection (b)(5) of this section is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this part 2 to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this part 2.

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1168, § 4, effective August 9.

Editor's note: This section is similar to former § 12-14.5-237 as it existed prior to 2017.


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