Current through Register Vol. 47, No. 20, October 25, 2024
Section 1 CCR 212-3-9-9015 - Investigative SubpoenasBasis and Purpose - 9015
The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-202(1)(d), and 44-50-203(2)(r), C.R.S. The purpose of this rule is to establish the criteria and process by which the Division petitions a district court for an investigative subpoena for a person who is not licensed pursuant to the Natural Medicine Code.
A.Criteria. The State Licensing Authority may petition a district court for an investigative subpoena applicable to a person who is not licensed pursuant to the Natural Medicine Code to obtain documents or information necessary to enforce the Natural Medicine Code and these Rules after the Division has taken reasonable efforts to obtain requested documents or information.B.Reasonable Efforts. For purposes of this Rule 9015, "reasonable efforts" may include but shall not be limited to obtaining the documents or information through a request to the unlicensed person and such unlicensed person has either declined to provide the documents or information, or failed to respond to the Division within the applicable time frame.C.Affidavit. When seeking an investigative subpoena, the Division will supply the district court with a sworn affidavit explaining the bases for seeking the subpoena47 CR 17, September 10, 2024, effective 10/1/2024