Rule text
(a) Petition. (1) Filing. If the Regulation Committee authorizes a civil injunction proceeding against a respondent, the Regulation Counsel must file a petition with the supreme court in the name of the People of the State of Colorado, unless a stipulation to injunction is filed with the supreme court under C.R.C.P. 232.17. (2) Contents. The petition must set forth the factual allegations and the charges with sufficient particularity to identify the alleged activities that may constitute the unauthorized practice of law. The petition must request specific relief, including an order of injunction and an order and entry of judgment as to restitution, costs of the proceeding, and a fine between $250 and $1500 for each incident of the unauthorized practice of law. (b) Show Cause. On receiving the petition, the supreme court may order the respondent to show cause why the respondent should not be enjoined from the unauthorized practice of law by filing an answer to the petition. The Regulation Counsel must serve on the respondent the order and a copy of the petition. Service of process must be made in accordance with C.R.C.P. 4. Proof of service must be made in accordance with C.R.C.P. 4(h). (c) Answer to Petition. The respondent must file an answer to the petition with the supreme court within 21 days after service of the show cause order. The answer must specifically admit or deny each allegation in the petition as provided in C.R.C.P. 8(b). (d) Referral. After an answer is filed or the time for filing an answer has passed, the supreme court may refer the matter to the Presiding Disciplinary Judge as hearing master for findings of fact, conclusions of law, and recommendations. Subject to any limitations in the order of reference, the Presiding Disciplinary Judge may exercise in the proceeding the powers generally reposed in a court under the Colorado Rules of Civil Procedure.
Notes
Source: Entire rule adopted and effective December 15, 2022 (Rule Change 2022(17)).