2016 Colorado Revised Statutes
Title 24 - Government - State
Principal Departments
Article 34 - Department of Regulatory Agencies
Part 1 - Organization
§ 24-34-102. Division of professions and occupations - creation - duties of division and department heads - license renewal, reinstatement, and endorsement - definitions - rules - review of functions

(1) (a) As used in this part 1, unless the context otherwise requires:

(I) "Department" means the department of regulatory agencies.

(II) "Director" means the director of the division of professions and occupations or the director's designee.

(III) "Division" means the division of professions and occupations created in the department pursuant to this section.

(IV) "Executive director" means the executive director of the department.

(V) "License" has the same meaning as set forth in section 24-4-102.

(VI) "Licensee" means a person who has been issued a license.

(b) There is hereby created a division of professions and occupations in the department, the head of which is the director of professions and occupations. The executive director shall appoint the director in accordance with section 13 of article XII of the state constitution. Except as provided in paragraph (c) of this subsection (1), the director shall appoint other personnel as necessary for the efficient operation of the division.

(c) Subject to available appropriations, the director shall give good faith consideration to the recommendations of any type 1 board or commission relating to the employment of the primary administrator to assist the board or commission, whether the person is designated as an executive secretary, a program administrator, or another title or position.

(2) The division has supervision and control of the type 2 examining and licensing boards and agencies transferred to the department by the "Administrative Organization Act of 1968". For type 1 boards or commissions, the division shall provide necessary management support.

(2.5) Repealed.

(3) The supervision and control of, and the management support for, examining and licensing boards and agencies by the department and the division also includes the approval or disapproval of rules of the boards and agencies relating to the examination and licensure of applicants to ensure that the rules are fair and impartial. The division shall not license a person who has applied to, and otherwise satisfied the requirements for, licensure by a board or agency until the applicant has paid and the division has received all applicable fees.

(4) Subject to subsection (1) of this section, each of the examining and licensing boards or agencies may employ and pay out of moneys appropriated to it by the general assembly only that number of employees and subordinate officers as are certified by it and approved by the executive director of the department of regulatory agencies to be necessary and the necessity for the employment of whom has been approved in writing by the governor. All salaries to be paid such employees and subordinate officers shall be within the appropriation made therefor by the general assembly.

(4.5) It is the intent of the general assembly that the employees authorized in Senate Bill 06-020, enacted at the second regular session of the sixty-fifth general assembly, for the implementation of the "Nurse Licensure Compact", part 32 of article 60 of this title, be funded only for the fiscal years 2006-07 and 2007-08. The salaries to be paid such employees shall be within the appropriation made by the general assembly for such fiscal years.

(5) Each of the examining and licensing boards or agencies shall be provided with suitable offices in the capitol buildings group if space is available in any of such buildings and, if not, then in a suitable office building in the city and county of Denver selected by the executive director of the department of personnel. It is lawful and proper for two or more of such boards or agencies to be assigned space in the same office room or suite, if such grouping or joint occupancy, in the opinion of the executive director of the department of regulatory agencies, will not unreasonably interfere with the efficient operation of any of such boards or agencies so grouped or joined.

(6) Each of the examining and licensing boards or agencies to which office space is provided shall pay into the general revenue fund of the state out of the moneys appropriated to it by the general assembly a monthly or annual charge for rental, heat, light, telephone, collection, legal, and other state services made available to such board or agency as may be fixed by the executive director of the department of personnel, with the approval of the executive director of the department of regulatory agencies, such charges to be not more than twenty-five percent of the moneys appropriated to it by the general assembly.

(7) Notwithstanding any provision of the law to the contrary, upon the approval and recommendation of any examining or licensing board or commission in the division, the executive director may change the period of the validity of any license issued by the board or commission for a period not to exceed three years. If the executive director changes the period of validity of a license pursuant to this subsection (7), the director shall proportionately increase or decrease the fee for the license, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee.

(8) (a) Renewal. Notwithstanding any provision of the law to the contrary, the director may change the renewal date of any license issued by a licensing board or commission so that approximately the same number of licenses are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license is proportionately increased or decreased, as the case may be. A license is valid for a period of no less than one year and no longer than three years, as determined by the director in consultation with the licensing board or commission within the division. A licensee shall submit an application for renewal to the licensing board or commission on forms and in the manner prescribed by the director.

(b) The director and any licensing board or commission may prescribe renewal requirements, which shall include compliance with any continuing education requirements adopted pursuant to the director's, licensing board's, or commission's authority.

(c) The director shall allow for a grace period for licenses from licensing boards or commissions within the division. A licensee has a sixty-day grace period after the expiration of his or her license to renew the license without the imposition of a disciplinary sanction by the director, licensing board, or commission for such profession for practicing on an expired license. The licensee shall satisfy all renewal requirements pursuant to the applicable practice act and shall pay a delinquency fee in an amount determined pursuant to sections 24-34-105 and 24-79.5-102.

(d) Reinstatement. A licensee, registrant, or certificate holder who does not renew his or her license, registration, or certificate within the sixty-day grace period pursuant to paragraph (c) of this subsection (8) shall be treated as having an expired license, registration, or certificate and shall be ineligible to practice until such license, registration, or certificate is reinstated. The director, licensing board, or commission shall reinstate the expired license, certificate, or registration of any active military personnel, including any National Guard member or reservist who is currently on active duty for a minimum of thirty days and any veteran who has not been dishonorably discharged, if the military personnel or veteran meets the requirements of this paragraph (d). An expired license, registration, or certificate of any other person may be reinstated at the discretion and pursuant to the authority of the director, licensing board, or commission pursuant to the following requirements:

(I) (A) An application for reinstatement of the license, registration, or certificate is submitted to the director, licensing board, or commission sixty days after the date of expiration and the licensee, registrant, or certificate holder complies with all requirements of the applicable practice act.

(B) If the licensee, registrant, or certificate holder practiced with an expired license, registration, or certificate, pursuant to the authority of the director, the licensing board or commission may impose disciplinary actions against the licensee, registrant, or certificate holder.

(II) If the license, registration, or certificate has expired for more than two years, the person with the expired license, registration, or certificate shall pay all applicable renewal and reinstatement fees and shall satisfactorily demonstrate to the director, licensing board, or commission that the person is competent to practice within his or her profession. Pursuant to the authority of the director, the licensing board or commission, as it deems appropriate, shall accept one or more of the following as a demonstration of competency to practice:

(A) A license, registration, or certificate from another state that is in good standing for the applicant where the applicant demonstrates active practice;

(B) Practice for a specified time under a restricted license, registration, or certificate;

(C) Successful completion of prescribed remedial courses ordered by the director, licensing board, or commission that are within the authority of the director, licensing board, or commission to require;

(D) Successful completion of any continuing education requirements prescribed by the director, licensing board, or commission that are within the authority of the director, licensing board, or commission to require;

(E) Passage of an examination for licensure, registration, or certification as approved by the director, licensing board, or commission that the director, licensing board, or commission has the authority to acquire; or

(F) Other professional standards or measures of continued competency as determined by the director, licensing board, or commission.

(III) The director, licensing board, or commission may waive the requirements for reinstatement of an expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the director or such board or commission considers the protection of the public in such hardship petition.

(e) Endorsement. Unless otherwise prohibited by title 12, C.R.S., an applicant for certification, registration, or licensure by endorsement may demonstrate competency in a specific occupation or profession as determined by the director in lieu of a requirement that the applicant has worked or practiced in that occupation or profession for a period of time prior to the application for endorsement.

(8.5) The director and each of the examining and licensing boards shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license or certification. The director and each appropriate examining and licensing board shall promulgate rules to implement this section.

(8.7) Unless there is a specific statutory disqualification that prohibits an applicant from obtaining licensure based on a criminal conviction, if a licensing entity in title 10 or 12, C.R.S., determines that an applicant for licensure has a criminal record, the licensing entity is governed by section 24-5-101 for purposes of granting or denying licensure or placing any conditions on licensure.

(9) The executive director is responsible for receiving and monitoring the disposition of complaints. The executive director may require an investigation of a complaint concerning a person regulated by a board or agency in the division in accordance with section 24-34-103.

(10) The executive director, after consultation with the examining or licensing board or commission concerned, shall determine the form and content of any license issued by any examining or licensing board or commission in the division, including any document evidencing renewal of a license.

(11) Notwithstanding any type 1 transfer as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of this title, the executive director may review any examination or procedure for granting a license by any board or agency in the division prior to the execution of such examination or procedure. After such review, if the executive director has reason to believe such examination or procedure to be unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed in such occupation or profession to review the examination or procedure jointly with him. The executive director and such licensees, acting jointly, may make findings of fact and recommendations to the board or agency concerning any examination or procedure. The findings of fact and recommendations shall be public documents.

(12) Notwithstanding any type 1 transfer as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of this title, the executive director may employ an administrative law judge, and may require any board in the division to use an administrative law judge in lieu of a hearing by the board, to conduct hearings on any matter within the jurisdiction of the examining and licensing boards and agencies in the division, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of this title. An administrative law judge employed pursuant to this subsection (12) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105.

(13) Notwithstanding any law to the contrary, each member of a board or commission within the division is entitled to receive a per diem allowance of fifty dollars for each day spent in attendance at board meetings, hearings, or examinations and to be reimbursed for actual and necessary expenses incurred in the discharge of such official duties. The per diem compensation for board or commission members must not exceed that sum in any fiscal year that the state personnel board approves for employees not under the state personnel system. The general assembly shall annually appropriate moneys from the division of professions and occupations cash fund for the payment of per diem compensation and expenses. A state employee shall not receive per diem compensation for services performed during normal working hours, when on paid administrative leave, or when otherwise prohibited by fiscal rules adopted by the state controller.

(14) Repealed.

(15) Periodic evaluation of division functions. The department shall analyze and evaluate the division and its functions as set forth in this part 1 and in title 12, C.R.S. The department shall conduct the analysis and evaluation in accordance with section 24-34-104 (5) and shall submit its report and recommendations for legislation, if any, in accordance with that section. The department shall initially analyze and evaluate the division and submit its report by October 15, 2015, and shall analyze and evaluate the division every ten years thereafter. This section does not require the repeal of the division or its functions as specified in this part 1 and in title 12, C.R.S.

(16) Repealed.