C.R.C.P. 232.9. — Request for Investigation

(a) Requesting an Investigation. Requests for investigation, which cannot be made anonymously, may be made: (1) By any person and directed to the Regulation Counsel; (2) By a judge of any court of record and directed to the Regulation Counsel; (3) By the Regulation Committee on its own motion and directed to the Regulation Counsel; or (4) By the Regulation Counsel. (b) Preliminary Investigation. (1) On receiving a request for investigation under subsection (a) above, the Regulation Counsel must conduct a preliminary investigation to decide: (A) Whether jurisdiction exists under this rule and whether an allegation has been made that, if proved, would constitute grounds to find that the respondent engaged in the unauthorized practice of law; and (B) Whether to formally investigate the matter under C.R.C.P. 232.10 or to dismiss the matter with or without an agreement that the respondent will abide by conditions. (2) The Regulation Counsel's decision under this section 232.9 is an exercise of discretion that may take into account numerous factors, including the availability of admissible and credible evidence to support the allegation, the level of actual or potential injury caused by the alleged conduct, and the likelihood that the alleged conduct will reoccur. The Regulation Counsel's decision under this section 232.9 is final. The Regula-

tion Counsel will inform the complaining witness of the decision. The complaining witness is not entitled to the Regulation Committee's review or appeal of that decision.