Colorado Code § 26-1-112

Locating violators - recoveries
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(1) The executive director of the department
of human services or district attorneys may request and shall receive from departments, boards,
bureaus, or other agencies of the state or any of its political subdivisions, and the same are
authorized to provide, such assistance and data as will enable the state department of human
services and county departments properly to carry out their powers and duties to locate and
prosecute any person who has fraudulently obtained public assistance under this title. Any
records established pursuant to the provisions of this section shall be available only to the state
department of human services, the county departments, the attorney general, and the district
attorneys, county attorneys, and courts having jurisdiction in fraud or recovery proceedings or
actions.
(2) (a) All departments and agencies of the state and local governments shall cooperate
in the location and prosecution of any person who has fraudulently obtained public assistance
under this title, and, on request of the county board, the county director, the state department of
human services, or the district attorney of any judicial district in this state, shall supply all
information on hand relative to the location, employment, income, and property of such persons,
notwithstanding any other provision of law making such information confidential, except the
laws pertaining to confidentiality of any tax returns filed pursuant to law with the department of
revenue. The department of revenue shall furnish at no cost to inquiring departments and
agencies such information as may be necessary to effectuate the purposes of this article. The
procedures whereby this information will be requested and provided shall be established by rule
of the state department. The state department or county departments shall use such information
only for the purposes of administering public assistance under this title, and the district attorney
shall use it only for the prosecution of persons who have fraudulently obtained public assistance
under this title, and he shall not use the information, or disclose it, for any other purpose.
(b) (I) Whenever the state department of human services or a district attorney, for the
state department, or the state department on behalf of a county department recovers any amount
of fraudulently obtained public assistance funds, the federal government shall be entitled to a
share proportionate to the amount of federal funds paid unless a different amount is otherwise
provided by federal law, the state shall be entitled to a share proportionate to the amount of state
funds paid and such additional amounts of federal funds recovered as provided by federal law,
and the county department shall be entitled to a share proportionate to the amount of county
funds paid unless a different amount is provided pursuant to federal law or this section.
(II) Whenever a county department, a county board, a district attorney, or a state
department on behalf of a county department recovers any amount of fraudulently obtained
public assistance funds in the form of assistance payments, it shall be deposited in the county
general fund and the federal government shall be entitled to a share proportionate to the amount
of federal funds paid unless a different amount is provided for by federal law, the state shall be
entitled to a share proportionate to one-half the amount of state funds paid, and the county shall
be entitled to a share proportionate to the amount of county funds paid and, in addition, a share
proportionate to one-half the amount of state funds paid. In the case of funds recovered from
fraudulently obtained food stamp coupons by the county department, the county board, the
district attorney, or the state department on behalf of a county department, the county shall be
entitled to the share of the recovered funds provided by the federal "Food Stamp Act".
(3) (a) Whenever the county department, the county board, the district attorney, or the
state department on behalf of a county department pursuant to Public Law 96-58 recovers funds
from food stamp coupons which were obtained through unintentional client error, the county
shall be entitled to the share of the recovered funds provided by the federal "Food Stamp Act".
(b) Whenever a county department, a county board, a district attorney, or the state
department on behalf of the county recovers any amount of public assistance payments funds
that were obtained through unintentional client error, the federal government shall be entitled to
a share proportionate to the amount of federal funds paid, unless a different amount is provided
for by federal law, the state shall be entitled to a share proportionate to seventy-five percent of
the amount of state funds paid, the county shall be entitled, except for the Colorado works
program, to a share proportionate to the amount of county funds paid, if any, and, in addition, a
share proportionate to twenty-five percent of the amount of state funds paid. In the Colorado
works program, the county shall be entitled to a share proportionate to the amount of county
funds paid and, in addition, a share proportionate to one-half the amount of state funds paid.
(4) Actual costs and expenses incurred by the district attorney's office in carrying out the
provisions of subsections (2) and (3) of this section shall be billed to counties or a county within
the judicial district in the proportions specified in section 20-1-302, C.R.S. Each county shall
make an annual accounting to the state department on all amounts recovered.

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