2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-30-209) › Article 20 - DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-20-408) › Part 4 - DISCIPLINE, ENFORCEMENT, AND REVIEW (§§ 12-20-401 — 12-20-408) › Section 12-20-406 - Injunctive relief

(1)
Except as otherwise specified in a part or article of this title 12 or subsection (3) of this section:
(a)
A regulator, in the name of the people of the state of Colorado and through the attorney general of the state of Colorado, may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by a part or article of this title 12.
(b)
If the regulator establishes that the defendant has been or is committing an act prohibited by the part or article, the court shall enter a decree perpetually enjoining the defendant from further committing the act.
(c)
An injunctive proceeding may be brought pursuant to this section in addition to, and not in lieu of, all penalties and other remedies provided in the part or article.
(2)
(a)
Except as specified in subsection (2)(b) of this section, when seeking an injunction under subsection (1) of this section, a regulator is not required to allege or prove the inadequacy of any remedy at law or that substantial or irreparable damage is likely to result from a continued violation.
(b)
Subsection (2)(a) of this section does not apply to the following:
(I)
Article
105
of this title 12 concerning barbers and cosmetologists;
(II)
Part 4 of article
120
of this title 12 concerning architects;
(III)
[Repealed by 2024 Amendment.]
(IV)
Article
150
of this title 12 concerning passenger tramways;
(V)
Article
210
of this title 12 concerning audiologists;
(VI)
Article
215
of this title 12 concerning chiropractors;
(VII)
Article
230
of this title 12 concerning hearing aid providers;
(VIII)
Article
240
of this title 12 concerning medical practice;
(IX)
Article
255
of this title 12 concerning nurses, certified midwives, and nurse aides;
(X)
Repealed.
(XI)
Article
275
of this title 12 concerning optometrists;
(XII)
Article
280
of this title 12 concerning pharmacists, pharmacy businesses, and pharmaceuticals;
(XIII)
Article
285
of this title 12 concerning physical therapists and physical therapist assistants; and
(XIV)
Article
290
of this title 12 concerning podiatrists.
(3)
This section does not apply to the following:
(a)
Article
100
of this title 12 concerning accountants;
(b)
Article
110
of this title 12 concerning combative sports;
(c)
Repealed.
(d)
Article
130
of this title 12 concerning landscape architects;
(e)
Article
140
of this title 12 concerning nontransplant tissue banks;
(f)
Article
220
of this title 12 concerning dentists, dental therapists, and dental hygienists;
(g)
Article
250
of this title 12 concerning naturopathic doctors;
(h)
Article
295
of this title 12 concerning psychiatric technicians; and
(i)
Article
315
of this title 12 concerning veterinarians.
Amended by 2024 Ch. 240,§ 5, eff. 5/24/2024.
Amended by 2023 Ch. 261,§ 23, eff. 5/25/2023.
Amended by 2022 Ch. 381, § 28, eff. 1/1/2023.
Amended by 2020 Ch. 269, § 10, eff. 7/10/2020.
Amended by 2020 Ch. 157, § 35, eff. 7/1/2020.
Renumbered from C.R.S. §
12-36-129
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 51: p. 578, § 29. CSA: C. 109, § 33(29). CRS 53: § 91-1-29. L. 63: p. 338, § 48. C.R.S. 1963: § 91-1-29. L. 73: pp. 1027, 1410, §§ 6, 68. L. 77: (2) amended, p. 876, § 39, effective 7/1/1979. L. 79: (2) amended, p. 522, § 23, effective July 1. L. 85: (1) amended, p. 408, § 12, effective July 1; (1) amended, p. 523, § 14, effective July 1; (2) amended, p. 504, § 19, effective July 1. L. 87: (1) amended and (2.5) added, p. 502, § 4, effective May 20. L. 89: (1), (2), and (2.5) amended, p. 825, § 24, effective July 1. L. 90: (5) added, p. 819, § 1, effective May 14. L. 95: (5)(a) amended, p. 1070, § 19, effective July 1. L. 2002: (1), (2), and (2.5) amended, p. 1478, § 76, effective October 1. L. 2006: (1) amended, p. 87, § 27, effective August 7. L. 2010: (1), (2), (3), and (4) amended and (6) added, (HB 10-1260), ch. 403, p. 1969, §§ 38, 39, effective July 1. L. 2012: (1), (2)(b), (2)(c), (3), IP(4) amended, (HB 12-1332), ch. 238, p. 1058, § 12, effective August 8.
This section is similar to former § 12-36-129(6) as it existed prior to 2019.
2022 Ch. 381, was passed without a safety clause. See Colo. Const. art. V, § 1(3).