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.