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Colorado Department of Law — Annual Report 2009 - page 35 / 41





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Colorado Department of Law — Annual Report 2009

Business and Licensing Section

The six units of the Business and Licensing Section provide legal advice and litigation services to several State agencies, including the Department of Regulatory Agencies and its divisions of Banking, Civil Rights, Financial Services, Insurance, Real Estate, Registrations, Securities and the staff of the Public Utilities Commission. The Section also represents the Department of Revenue, the Department of Agriculture, the State Personnel Board and the Independent Ethics Commission.

Real Estate Unit

The Unit representing the Division of Real Estate works to protect Colorado consumers from incompetent or deceptive brokers, appraisers, and loan originators. Counsel for the Real Estate Division represents the Real Estate Commission, the Board of Real Estate Appraisers, the Conservation Easement Oversight Commission and the Mortgage Loan Originator Program (formerly Mortgage Broker Program).

In 2009:

  • Counsel for the Real Estate Commission focused on cases involving mortgage fraud, which resulted in revocation of seven real estate broker licenses.

  • Counsel for the Mortgage Loan Originator Program provided general counsel advice to the Division of Real Estate as it sought to implement the new Mortgage Loan Originator Licensing Act to bring the state of Colorado in line with new federal minimum licensing standards.

  • Division of Real Estate’s attorneys successfully represented the Real Estate Appraiser Board and the Director of the Division of Real Estate in disciplining

appraiser and mortgage loan originator licensees for incompetent practice.

  • Counsel provided assistance to the Real Estate Commission and Division of Real Estate in order to protect the Colorado consumer by denying real estate and mortgage broker licenses to individuals convicted of crimes involving theft.

  • Counsel for the Mortgage Loan Originator Program successfully asserted and defended the Division of Real Estate’s basic ability to carry out its duty to protect Colorado consumers through subpoenas used in investigations. Subpoenas are the Division’s tools for uncovering deception or incompetence.

Revenue Unit

Unit attorneys provide legal services to all of the divisions and programs within the Colorado Department of Revenue. This includes several divisions devoted to determining, enforcing and collecting state and local tax, and several regulatory boards, commissions and programs. Unit attorneys represented the Department of Revenue in administrative hearings, in state and federal trial courts, and on appeal before state and federal courts.

Unit attorneys also represent several boards, commissions and other regulatory programs, including the Motor Carrier Services Division, the Colorado Limited Gaming Control Commission, the Motor Vehicle Dealer Board, the Boxing Commission, the Colorado Racing Commission and the Liquor Enforcement Division. Each regularly assigned lawyer presents cases for the staff before his assigned board, commission or program and represents his client on judicial review or appeal.


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