DENVER -- The state Department of Regulatory Agencies has spent more than $200,000 to advertise their state agency, but when CALL7 Investigators wanted to look into the agency the staff put up roadblocks, including trying to charge $40,000 to look at records.

One of Colorado’s top open records attorneys said DORA’s actions do not comply with Colorado Open Records laws.

“My sense is that DORA, in the instances you've described to me, has not fulfilled its obligations under the Open Records Act to provide meaningful, ready and reasonable access to a member of the news media that wants to report upon the conduct of a government agency for the public benefit,” said Steve Zansberg an attorney at Levine, Sullivan, Koch & Schulz.

Records DORA did provide show that the agency spent $232,901.85 in the past two fiscal years advertising how they help consumers. The money comes from fees charged to various professions and not directly from tax money.

“Be a smart consumer and ask DORA, your consumer protection agency,” one commercial says.

“Visit askdoracoloardo.gov, click on physician profile and get the facts,” another commercial proclaims.

But over the past decade, CALL7 Investigators have found several DORA divisions that failed to protect consumers.

Media stories uncovered that the state Board of Medical Examiners did not pull licenses from doctors who repeatedly injured patients or were accused of criminal assaults on patients.

“He admitted sexually assaulting me as a patient and a patient that came after me," one patient told CALL7 Investigator John Ferrugia.

DORA’s Board of Nursing did not do background checks on nurses to weed out applicants with criminal records.

“We don't have the authority or the resources to do a criminals background check," said Geoffrey Hier, who was with the Colorado Department of Regulatory Agencies in 2007.

And the Public Utilities Commission, which also is under DORA, recently approved an increase for Xcel that substantially raised electric bills for some consumers. PUC Commissioner Ron Binz defended the controversial increase: "We think actually the way the public service company is doing it is fair."

So CALL7 Investigators decided to look into some agency actions, filing open records requests to DORA various divisions.

When we asked for a database of doctors who came to Colorado from out of state, a DORA spokesman refused to provide the database, telling 7NEWS it had protected information in it. DORA also refused to redact the columns that had the private information, saying they don’t have to modify the database.

Zansberg said that technically an agency doesn't have to modify the database but the intent of the law is to make the records open so DORA should provide the information.

When 7NEWS asked for paper records that would have similar information, DORA’s attorney said they would provide the information but 7NEWS would first have to pay more than $40,000 for research, copying and redaction.

“If any member of the public or any news organization in these lean times in this economic downturn has to pony up $40,000 to inspect public records, it's just not going to happen and the public is going to be denied vital information about its government," Zansberg said.

When 7NEWS asked for information on PUC commissioners, a PUC attorney wanted hundreds of dollars for copies and redaction even though we asked to review the information before copying it. And, even after agreeing to pay for the PUC records, 7NEWS was again denied the request when we asked to verify, on-camera, that the redaction was going to take seven hours as we were told by Assistant Attorney General Mariya Barmak.

And then on July 1, DORA Executive Director Barbara Kelley put in place a new policy requiring a $30-an-hour research fee for all open records requests. Zansberg said that provision of the law is intended to reimburse agencies for extensive requests and the state should not charge smaller open records inquiries.

Kelley's policy also has provision that allows the state to waive the fees for media, but DORA denied requests by 7NEWS to waive the fees for the recent requests.

Kelley, through a spokesman, also refused to do an interview on the agency’s ad spending and lack of transparency. “We see no need for an interview with the executive director on the issue,” spokesman Chris Lines wrote.

So CALL7 Investigator Tony Kovaleski met Kelley after a public meeting she attended to ask her about her agency’s policies.

"You're head of a public agency,” Kovaleski asked. “We've asked to sit down with you to explain your transparency and you've said you're not going to talk to us."

"Well, I have not declined to talk to you about an issue that I think we have already given you the information," Kelley said, directly contradicting her spokesman’s e-mail.

Kelley, who was appointed to the DORA director’s positions late last year, also said the agency did not spend more than $200,000 on advertising, but that also was contradicted by records DORA did provide under open records laws.

"So then what do you say to the experts that we've had who have reviewed this and said that your policies are out of line with the way they read CORA?" Kovaleski asked.

"That's their opinion,” Kelley said.

Zansberg said DORA should provide the records and stop trying to charge excessive fees to review public documents.

"I do find it ironic that an agency like DORA that has spent over $200,000 over the last several years promoting itself is imposing these types of fees and roadblocks upon a news organization trying to cover the actions of that agency," Zansberg said.

But Kelley said she is not planning to change DORA policies.

"So you can tell people right now that you're going to change your mind and you're going to open up those records and let us look at them," Kovaleski said.

“No,” Kelley said.

"Will you change your policy?" Kovaleski asked.

"The policy is exactly what it is,” Kelley said.