Settlement FAQs

what is office of expedited settlement with dora in colorado

by Sim Skiles Published 2 years ago Updated 2 years ago

The Division of Real Estate’s Expedited Settlement Program (ESP) is a unique unit which exists to lessen the need for legal services. The Office of Expedited Settlement attempts to resolve disciplinary actions before they are referred to the Office of the Attorney General for litigation. DESCRIPTION OF JOB:

Disciplinary cases are referred to the Office of Expedited Settlement where the parties have an opportunity to settle the matter and/or the cases are referred to the Office of the Attorney General for a hearing.

Full Answer

How do I contact the Executive Director of Dora?

DORA's Executive Director's Office provides leadership and support to DORA’s ten divisions. Contact EDO: 303-894-7855 | Toll Free: 1-800-886-7675 | [email protected] HB 21-1109 authorized the Broadband Deployment Office to move to the Governor's Office of Information Technology as a part of the Colorado Broadband Office, effective July 26, 2021.

What does Dora do?

What We Do DORA is the state's umbrella regulatory agency, charged with managing licensing and registration for multiple professions and businesses, implementing balanced regulation for Colorado industries, and protecting consumers.

How to contact DFS and DPO in Colorado?

Contact DFS: 303-894-2336 | [email protected] The Division of Professions and Occupations provides customer protection by licensing over 50 diverse professions, occupations and businesses in Colorado. Contact DPO: 303-894-7800 | [email protected]

What is the Office of Expedited Settlement?

The mission of the Office of Expedited Settlement ( ESP) is to expedite the resolution of disciplinary cases for the health, allied health, and business and technical programs of the Division of Professions and Occupations (Division). Resolution of disciplinary actions through stipulation without litigation is meant to expedite the resolution of disciplinary actions, while at the same time minimizing the associated legal costs of settling these actions.

How long does it take for an ESP to settle a case?

Generally, if a settlement is not reached within 90 days , the matter will be referred to the Office of the Attorney General (OAG).

What is a LOA in school?

If the Board or Program finds that a violation occurred, it may impose discipline, including but not limited to a public letter of admonition (LOA), a fine, continuing education, probation, suspension or revocation.

What happens if no agreement can be reached?

If no agreement can be reached, or the Respondent fails to respond, the matter is closed in ESP and referred to the Office of the Attorney General for a hearing. ESP does not practice law, rather it merely assists the Board or Director in the delivery of settlement proposals and the resolution of disciplinary actions.

How long does it take to investigate a complaint?

The Office of Investigations receives hundreds of cases per year. Investigators make their best effort to complete an investigation within 180 days.

What is the Office of Investigations?

The Office of Investigations serves as an independent, neutral fact finder. The Office of Investigations does not represent the complainant, the Board or Program, or any licensee, registrant or certificate holder.

Where are disciplinary cases referred to?

Disciplinary cases are referred to the Office of Expedited Settlement where the parties have an opportunity to settle the matter and/or the cases are referred to the Office of the Attorney General for a hearing.

How many divisions does Dora have?

DORA is comprised of 10 distinct divisions, plus the Executive Director's Office which houses the Broadband Deployment Office and the Colorado Office of Policy, Research and Regulatory Reform. Each division is charged with administering a number of programs, and most house one or more Boards and Commissions made up of appointed members ...

What is the Colorado Division of Banking?

The Colorado Division of Banking protects the public interest and preserves public trust in the Colorado banking industry by regulating the business of state-chartered commercial banks and trust companies, state-licensed money transmitters, and by enforcing the Public Deposit Protection Act.

What is the Division of Financial Services?

Division of Financial Services (DFS) The Division of Financial Services works to protect public interest and preserve public trust by regulating the business of state-chartered credit unions, savings and loan associations and the financial activities of life care institutions under its supervision.

What is the Office of the Utility Consumer Advocate?

The Office of the Utility Consumer Advocate represents the interests of residential, small business and agricultural consumers before the Public Utilities Commission.

What is the Division of Securities?

The Division of Securities protects investors and maintains public confidence in the securities markets while avoiding unreasonable burdens on participants in the capital markets.

What is the Colorado Civil Rights Division?

The Colorado Civil Rights Division is charged with enforcing Colorado’s anti-discrimination laws in the areas of employment, housing, and public accommodations.

What is the Colorado Broadband Fund?

Situated within the Executive Director's Office, the Broadband Deployment Office manages the Colorado Broadband Fund grant program. The grant program provides funding to for-profit companies and non-profit electric and telephone cooperatives to build broadband internet infrastructure in unserved areas of Colorado.

What happens when I file a complaint with the Division of Professions and Occupations?

The complaint will be reviewed to determine whether a violation of a law or regulation may have occurred.

Who is the respondent in a complaint?

The respondent is the person or business the complaint is against. This would either be the licensee or the unlicensed person or business.

Who pays for title insurance in Colorado?

Generally, the buyer pays for the Lender’s title insurance policy, insuring the lender’s interest in the property. Most title insurance companies in Colorado offer discounted rates when both policies are issued at the same time and from the same company, so it is almost always one company issuing both policies in a transaction.

What is the Colorado insurance law?

Colorado insurance laws require that all title entities have on display, and readily available for the public, copies of their current rates and fees that they have filed with the Division of Insurance , as required by Colorado Revised Statute (C.R.S.) § 10-11-118 (3), and Colorado Insurance Regulation 3-5-1, Section 5 (A). The Division also maintains publicly available copies of these filings.

What does the investigator do in a DORA complaint?

The Investigator will review the Response and determine if further investigation is necessary, obtain confirmation whether the statements in the Complaint and Response are correct and can be confirmed. In a number of the DORA complaints where I have represented Brokers, it has been very helpful in supplying a properly organized and complete email chain. Lately, a number of the Broker and Complainant email chains and exchanges have been very persuasive in confirming the Broker's perspective of what was said or not said and in helping the Broker's case to be made. The Investigator will review documents the lender has, title insurance company, other brokers involved in the transaction as well as Buyer and Seller.

What is the DORA?

The Department of Regulatory Agencies (DORA) is the umbrella administrative agency in Colorado that supports and hosts approximately 41 various Divisions, Boards and Commissions. The Division of Real Estate (DRE) is one of the primary agencies under DORA. The DRE over sees and administers programs and functions for (1) Colorado Real Estate Commission (2) Board of Real Estate Appraisers (3) Board of Mortgage Loan Originators (4) Conservation Easement Program (5) HOA or Home Owner Association Information Office.

What is CREC jurisdiction?

The supervisor determines that the CREC has jurisdiction in that a potential violation of the Real Estate Broker License law was violated. See, Section 12-61-113, C.R.S. There are some instances when the Commission or DRE will inform the complainant that the CREC has no authority to be involved.

What is the cardinal rule for DORA?

A cardinal rule is to hire competent and experienced counsel practically the same day the DORA complaint is received by the Broker. The Broker is normally not able to assess the severity, process and procedure to properly handle such a complaint.

How long does it take to respond to a complaint from a real estate broker?

A Response is required to be filed by the Broker Associate and Brokerage Firm. Usually the Response is to be filed within 14 days from the date of the transmittal letter.

How long does it take for a CREC report to be completed?

So, depending on when the report is completed it will normally be 1 to 2 months before the Commission will have the particular matter on the CREC Agenda. There are some instances where the matter could be heard with less time delay, but that is the exception rather than the rule.

How long does it take to respond to a Dora letter?

The DORA letter normally encloses a copy of the "complaint", usually a letter from the Complainant, and instructs the Respondent to submit a response no later than 21 days from the date of the letter .

Investigative Process

Investigators

  • When a complaint is assigned to an investigator, the investigator acts as an impartial, neutral fact finder and does not "represent" the complainant, the board or program, or the licensee, certificate holder or registrant.The investigator may contact both the licensee and the complainant for more information. The majority of this work can be done by telephone. The investigator may also subp…
See more on dpo.colorado.gov

Release of Information

  • The office can not release information to the public during the investigation. The investigation is CONFIDENTIAL. The office can answer general questions about the investigative process. Each case is assigned a case number. Please have the case number available when contacting the Office.
See more on dpo.colorado.gov

Expedited Settlement Mission

  • The mission of the Office of Expedited Settlement (ESP) is to expedite the resolution of disciplinary cases for the health, allied health, and business and technical programs of the Division of Professions and Occupations (Division). Resolution of disciplinary actions through stipulation without litigation is meant to expedite the resolution of dis...
See more on dpo.colorado.gov

Expedited Settlement Process

  • This process begins with a complaint being reviewed by a Board or Program. If it is determined that disciplinary action is necessary, the Board or the Director determines the sanction to be offered to the Respondent. ESP then contacts the Respondent to discuss the offered sanction with the opportunity to sign a stipulation. If the Respondent accepts the terms of the stipulation, t…
See more on dpo.colorado.gov

Expedited Settlement Consumer Information

  • Confidentiality: The ESP process is strictly confidential until stipulations are signed and final agency orders are issued by the Board or the Director. Complainants and/or the general public will not be able to receive information about pending cases until final disposition. Consumers seeking specific information about pending or final cases must direct all such inquiries to the Board or Pr…
See more on dpo.colorado.gov

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