Rule text
(a) Conclusion of Investigation. At the end of a formal investigation, the Regulation Counsel, using discretion, will take one of the following actions: (1) Request that the Regulation Committee authorize the Regulation Counsel to file a petition for injunction under C.R.C.P. 232.15; (2) Request that the Regulation Committee authorize the Regulation Counsel to file a petition for contempt under C.R.C.P. 232.23, if a civil injunction has already been issued against the respondent; (3) Request that the Regulation Committee authorize the Regulation Counsel to enter into a stipulation with the respondent under C.R.C.P. 232.17; (4) Request that the Regulation Committee place the matter in abeyance; or (5) Dismiss the matter with or without an agreement by the respondent to abide by conditions. (b) Regulation Committee Review of Dismissal by Regulation Counsel. If the Regulation Counsel dismisses a matter at the end of a formal investigation, the Regulation
Counsel must promptly notify the complaining witness and the respondent. If the complaining witness submits a request within 35 days of the notice, the Regulation Committee must review the Regulation Counsel's decision. If the Regulation Committee finds in such a review that the Regulation Counsel's decision to dismiss the allegations was not an abuse of discretion, the Regulation Committee must sustain the dismissal and provide the complaining witness with a written explanation of its decision. If the Regulation Committee finds that the Regulation Counsel's decision was an abuse of discretion, the Regulation Committee must take action in accordance with C.R.C.P. 232.12(a)-(b).
Notes
Source: Entire rule adopted and effective December 15, 2022 (Rule Change 2022(17)).