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http://www.dora.state.co.us/real-estate/
The Division of Real Estate is the licensing, regulation and enforcement agency for the real estate brokerage, appraisal and mortgage broker industries.

Our mission as a division of the Colorado Department of Regulatory Agencies is to promote a balanced and sensible approach to regulation that protects the public interest and supports economic growth.

When a written complaint is received by the Commission it is directed to the Chief of Enforcement for review and assignment to an investigator. The investigator determines the proper respondent(s) based on the information in the complaint. Respondents are added or dismissed throughout the course of the investigation as additional information becomes available. A letter, with a copy of the complaint, is sent to the respondent(s) requesting a response within fourteen days. Copies of pertinent documents to the transaction are also requested. At the same time, a letter is mailed to the complainant acknowledging receipt of the complaint.

The staff makes no assumption as to the validity of the complaint and will normally wait until a response is received from the respondent(s) before proceeding with a complete investigation. This will aid the investigator in better understanding the transaction and will help in answering questions raised in the complaint. Commission Rule E-21 states, "Pursuant to C.R.S. 12-61-113, a licensee who has received notification from the Commission that a complaint has been filed ... shall submit to the commission a written answer. Failure to submit a written answer within the time set by the commission in its notification shall be grounds for disciplinary action unless the commission has granted an extension of time for answer."

The investigator analyzes the complaint, response and pertinent documents to determine possible license law violations. All parties to the complaint, as well as witnesses, are interviewed. The investigator also contacts attorneys, mortgage companies, title company personnel and others who have knowledge of the transaction. Additional documents may be sought from county offices and civil courts. On some occasions, the investigator may request a conference to help resolve differences.

Upon completion of the investigation, the investigator prepares a written report concerning the facts that have been obtained. At that time the complaint may be dismissed by the Chief of Enforcement on the basis of insufficient evidence of a license law violation, a satisfactory settlement, or for lack of jurisdiction. If that is the case, all parties to the complaint will receive letters informing them of the disposition.

If, however, the facts appear to indicate a violation of license law, the report is submitted to the Commission for consideration at its next regularly scheduled meeting. At that time, the Commission can vote to dismiss the complaint, admonish the respondent(s), or refer the matter to hearing for further action. The Commission has the discretion to summarily suspend the licensee if there appears to be an immediate danger to the public.

In the event the matter is referred for further action, the Commission can refer it through the Alternative Disciplinary Process (ADP) for remedial action, through the Expedited Settlement Process (ESP) for disciplinary action, or to the Assistant Attorney General's office for a formal administrative hearing in front of an Administrative Law Judge. When referring the complaint through the ADP or ESP, the Commission and the respondent(s) enter into a Stipulation for Diversion or Stipulation and Final Agency Order. Remedial or disciplinary action under these stipulations can include education, restitution, censure, probation, suspension, and revocation of the license. Suspension can range from several days to several years.

If the matter proceeds to a formal hearing, it is held in accordance with CRS 1973, 12-61-114. After hearing the matter, the Administrative Law Judge makes an Initial Decision, which is forwarded to the parties and the Commission for their review. The Initial Decision includes findings of fact and conclusion of law. The Commission may or may not adopt the Initial Decision. The respondent licensee may file objections to the Commission within 30 days after receiving the Initial Decision. After consideration of the Initial Decision and any objections that may be filed, the Commission may vote to adopt the Initial Decision or it may vote to modify the Initial Decision by increasing or decreasing the penalty. The Commission may also vote to remand the Decision for clarification or rehearing.