2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 6 - COLORADO SUNSHINE LAW (§§ 24-6-101 — 24-6-502) › Part 3 - REGULATION OF LOBBYISTS (§§ 24-6-301 — 24-6-309) › Section 24-6-305 - Powers of the secretary of state - granting and revoking of certificates - barring from registration - imposition of penalties - notification of substantial violation

(1)
It is the duty and responsibility of the secretary of state:
(a)
To grant a certificate of registration as a lobbyist to any individual who registers under the provisions of this section and who supplies the information required in this part 3;
(b)
To revoke the certificate of registration of any individual who has been convicted of violating any of the provisions of this part 3;
(c) and (d)
Repealed.
(e)
To revoke the certificate of registration of any individual whose lobbying privileges before the general assembly have been suspended following action on a written complaint against the person in accordance with the rules on lobbying practices promulgated by the general assembly.
(1.5)
(a)
In the case of revocation of a certificate of registration in accordance with the provisions of paragraph (b) or (e) of subsection (1) of this section, the secretary of state shall additionally indicate the revocation on the website and shall send written notice of the revocation by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section
24-6-303 (1)
.
(b)
In the case of censure that has been adopted by the general assembly, the secretary of state shall send a copy of the resolution by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section
24-6-303 (1)
.
(2)
In addition to any other powers conferred by this section, the secretary of state may:
(a)
Revoke, or suspend for a maximum period of one year, or bar from registration for a maximum period of one year or the remainder of the legislative biennium, whichever is longer, the certificate of registration required by section
24-6-303
for failure to file the reports required by section
24-6-303
, provide the information required by section
24-6-304.5
, or pay fully any penalty imposed pursuant to section
24-6-302 (7)
; but no certificate may be revoked or suspended within thirty days after the failure to file such a report if, prior to the last day for filing such reports, the secretary of state has been informed in writing of extenuating circumstances justifying such failure. Any revocation or suspension of a certificate of registration or bar from registration shall be in accordance with the provisions of article
4
of this title.
(b)
Adopt rules and regulations in accordance with the provisions of article
4
of this title to define, interpret, implement, and enforce the provisions of this part 3 and to prevent the evasion of the requirements of this part 3;
(c)
On his or her own motion or on the verified complaint of any person, investigate the activities of any person who is or who has allegedly been engaged in lobbying and who may be in violation of the requirements of this part 3;
(d)
Apply to the district court of the city and county of Denver for the issuance of an order requiring any individual who is believed by the secretary of state to be engaging in lobbying as a professional lobbyist as defined in section
24-6-301
without having received a certificate of registration as required by the provisions of section
24-6-303
to produce documentary evidence which is relevant or material or to give testimony which is relevant or material to the matter in question.
(3)
If the secretary of state has reasonable grounds to believe that any person is in violation of section
24-6-302
or
24-6-303
, the secretary of state may, after notice has been given and a hearing held in accordance with the provisions of article
4
of this title, issue a cease-and-desist order. Such order shall set forth the provisions of this part 3 found to be violated and the facts found to be the violation. Any person subject to a cease-and-desist order shall be entitled, upon request, to judicial review in accordance with the provisions of article
4
of this title.
(4)
The secretary of state shall timely inform the president of the state senate and the speaker of the state house of representatives whenever the secretary of state has reasonable grounds to believe that a violation of section
24-6-302
or
24-6-303
has occurred that the secretary of state deems substantial.
Amended by 2014 Ch. 398, § 4, eff. 7/1/2015.
Initiated 72. L. 73: p. 1664, § 1. C.R.S. 1963: § 3-37-305. L. 77: (1)(c) and (1)(d) repealed, (2) amended, and (3) added, pp. 1153, 1154, §§ 7, 12, effective June 19. L. 79: (1)(a), (1)(b), and (2)(d) amended, p. 1638, § 41, effective July 19. L. 96: (2)(a) amended, p. 1084, § 5, effective August 7. L. 2001: (3) amended and (4) added, p. 150, § 4, effective July 1. L. 2010: (1)(e) and (1.5) added and (2) amended, (SB 10-087), ch. 407, p. 2015, §§ 6, 7, effective June 10. L. 2014: (1.5) amended, (SB 14-217), ch. 398, p. 2005, § 4, effective 7/1/2015.