2019 Colorado Revised Statutes
Title 12 - Professions and Occupations


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Colorado Revised Statutes 2019 TITLE 12 PROFESSIONS AND OCCUPATIONS Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this title 12 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/ sites/default/files/images/olls/title-12-2019comparative-table.pdf. Cross references: For practicing a profession or operating a business without a license, see § 16-13-306; for rule-making procedures and license suspension and revocation procedures by state agencies, see article 4 of title 24; for an alternative disciplinary action for persons licensed, registered, or certified pursuant to this title 12, see § 24-34-106; for disposition of money collected under this title 12, see §§ 24-35-101 and 24-36-103. GENERAL ARTICLE 1 General Provisions 12-1-101. Short title. The short title of this title 12 is the "Professions and Occupations Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. 12-1-102. Scope of article. This article 1 applies to every article in this title 12 except to the extent otherwise specified in another article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. 12-1-103. Definitions. As used in this title 12, unless the context otherwise requires: (1) "Department" means the department of regulatory agencies created in section 24-1122. Colorado Revised Statutes 2019 Page 1 of 890 Uncertified Printout (2) "Executive director" means the executive director of the department or the executive director's designee. (3) "Profession or occupation", "profession", or "occupation" means an activity subject to regulation by a part or article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. DIVISION OF REAL ESTATE ARTICLE 10 Real Estate Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 10 was numbered as parts 1, 2, 4, 6, 7, 8, and 9 of article 61 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019comparative- table.pdf. Cross references: For the penalty for selling land twice, see § 18-5-302. PART 1 COMMON DEFINITIONS 12-10-101. Definitions. As used in this article 10, unless the context otherwise requires: (1) "Director" means the director of the division of real estate. (2) "Division" means the division of real estate. (3) "HOA" or "homeowners' association" means an association or unit owners' association formed before, on, or after July 1, 1992, as part of a common interest community as defined in section 38-33.3-103. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 614, § 1, effective October 1. Editor's note: Subsection (1) is similar to former §§ 12-61-702 (7) and 12-61-902 (3); subsection (2) is similar to former §§ 12-61-702 (8) and 12-61-902 (4); and subsection (3) is similar to former §§ 12-61-101 (1.2) and 12-61-401 (2.5), as those sections existed prior to 2019, and the former § 12-10-101 was relocated to § 12-110-101. PART 2 BROKERS AND SALESPERSONS Colorado Revised Statutes 2019 Page 2 of 890 Uncertified Printout Cross references: For the exemption of real estate brokers and sales representatives from certain provisions of the "Colorado Securities Act", see §§ 11-51-402 (3) and 11-51-405 (2). 12-10-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Commission" means the real estate commission created in section 12-10-206. (2) "Employing real estate broker" or "employing broker" means a broker who is shown in commission records as employing or engaging another broker. (3) "Limited liability company" shall have the same meaning as it is given in section 780-102 (7). (4) "Option dealer" means any person, firm, partnership, limited liability company, association, or corporation that, directly or indirectly, takes, obtains, or uses an option to purchase, exchange, rent, or lease real property or any interest therein with the intent or for the purpose of buying, selling, exchanging, renting, or leasing the real property or interest therein to another or others, whether or not the option is in that person's or its name and whether or not title to said property passes through the name of the person, firm, partnership, limited liability company, association, or corporation in connection with the purchase, sale, exchange, rental, or lease of the real property or interest therein. (5) "Partnership" includes, but is not limited to, a registered limited liability partnership. (6) (a) "Real estate broker" or "broker" means any person, firm, partnership, limited liability company, association, or corporation that, in consideration of compensation by fee, commission, salary, or anything of value or with the intention of receiving or collecting such compensation, engages in or offers or attempts to engage in, either directly or indirectly, by a continuing course of conduct or by any single act or transaction, any of the following acts: (I) Selling, exchanging, buying, renting, or leasing real estate, or interest therein, or improvements affixed thereon; (II) Offering to sell, exchange, buy, rent, or lease real estate, or interest therein, or improvements affixed thereon; (III) Selling or offering to sell or exchange an existing lease of real estate, or interest therein, or improvements affixed thereon; (IV) Negotiating the purchase, sale, or exchange of real estate, or interest therein, or improvements affixed thereon; (V) Listing, offering, attempting, or agreeing to list real estate, or interest therein, or improvements affixed thereon for sale, exchange, rent, or lease; (VI) Auctioning or offering, attempting, or agreeing to auction real estate, or interest therein, or improvements affixed thereon; (VII) Buying, selling, offering to buy or sell, or otherwise dealing in options on real estate, or interest therein, or improvements affixed thereon, or acting as an "option dealer"; (VIII) Performing any of the foregoing acts as an employee of, or on behalf of, the owner of real estate, or interest therein, or improvements affixed thereon at a salary or for a fee, commission, or other consideration; (IX) Negotiating or attempting or offering to negotiate the listing, sale, purchase, exchange, or lease of a business or business opportunity or the goodwill thereof or any interest therein when the act or transaction involves, directly or indirectly, any change in the ownership or interest in real estate, or in a leasehold interest or estate, or in a business or business Colorado Revised Statutes 2019 Page 3 of 890 Uncertified Printout opportunity that owns an interest in real estate or in a leasehold unless the act is performed by any broker-dealer licensed under the provisions of article 51 of title 11 who is actually engaged generally in the business of offering, selling, purchasing, or trading in securities or any officer, partner, salesperson, employee, or other authorized representative or agent thereof; or (X) Soliciting a fee or valuable consideration from a prospective tenant for furnishing information concerning the availability of real property, including apartment housing that may be leased or rented as a private dwelling, abode, or place of residence. Any person, firm, partnership, limited liability company, association, or corporation or any employee or authorized agent thereof engaged in the act of soliciting a fee or valuable consideration from any person other than a prospective tenant for furnishing information concerning the availability of real property, including apartment housing that may be leased or rented as a private dwelling, abode, or place of residence, is exempt from this definition of "real estate broker" or "broker". This exemption applies only in respect to the furnishing of information concerning the availability of real property. (b) "Real estate broker" or "broker" does not apply to any of the following: (I) Any attorney-in-fact acting without compensation under a power of attorney, duly executed by an owner of real estate, authorizing the consummation of a real estate transaction; (II) Any public official in the conduct of his or her official duties; (III) Any receiver, trustee, administrator, conservator, executor, or guardian acting under proper authorization; (IV) Any person, firm, partnership, limited liability company, or association acting personally or a corporation acting through its officers or regularly salaried employees, on behalf of that person or on its own behalf as principal in acquiring or in negotiating to acquire any interest in real estate; (V) An attorney-at-law in connection with his or her representation of clients in the practice of law; (VI) Any person, firm, partnership, limited liability company, association, or corporation, or any employee or authorized agent thereof, engaged in the act of negotiating, acquiring, purchasing, assigning, exchanging, selling, leasing, or dealing in oil and gas or other mineral leases or interests therein or other severed mineral or royalty interests in real property, including easements, rights-of-way, permits, licenses, and any other interests in real property for or on behalf of a third party, for the purpose of, or facilities related to, intrastate and interstate pipelines for oil, gas, and other petroleum products, flow lines, gas gathering systems, and natural gas storage and distribution; (VII) A natural person acting personally with respect to property owned or leased by that person or a natural person who is a general partner of a partnership, a manager of a limited liability company, or an owner of twenty percent or more of such partnership or limited liability company, and authorized to sell or lease property owned by the partnership or limited liability company, except as provided in subsection (4) of this section; (VIII) A corporation with respect to property owned or leased by it, acting through its officers or regularly salaried employees, when the acts are incidental and necessary in the ordinary course of the corporation's business activities of a non-real-estate nature (but only if the corporation is not engaged in the business of land transactions), except as provided in subsection (4) of this section. For the purposes of this subsection (6)(b)(VIII), the term "officers or regularly Colorado Revised Statutes 2019 Page 4 of 890 Uncertified Printout salaried employees" means persons regularly employed who derive not less than seventy-five percent of their compensation from the corporation in the form of salaries. (IX) A principal officer of any corporation with respect to property owned by it when the property is located within the state of Colorado and when the principal officer is the owner of twenty percent or more of the outstanding stock of the corporation, except as provided in subsection (4) of this section, but this exemption does not include any corporation selling previously occupied one-family and two-family dwellings; (X) A sole proprietor, corporation, partnership, or limited liability company, acting through its officers, partners, or regularly salaried employees, with respect to property owned or leased by the sole proprietor, corporation, partnership, or limited liability company on which has been or will be erected a commercial, industrial, or residential building that has not been previously occupied and where the consideration paid for the property includes the cost of the building, payable, less deposit or down payment, at the time of conveyance of the property and building; (XI) (A) A corporation, partnership, or limited liability company acting through its officers, partners, managers, or regularly salaried employees receiving no additional compensation therefor, or its wholly owned subsidiary or officers, partners, managers, or regularly salaried employees thereof receiving no additional compensation, with respect to property located in Colorado that is owned or leased by the corporation, partnership, or limited liability company and on which has been or will be erected a shopping center, office building, or industrial park when such shopping center, office building, or industrial park is sold, leased, or otherwise offered for sale or lease in the ordinary course of the business of the corporation, partnership, limited liability company, or wholly owned subsidiary. (B) For the purposes of this subsection (6)(b)(XI): "Shopping center" means land on which buildings are or will be constructed that are used for commercial and office purposes around or adjacent to which off-street parking is provided; "office building" means a building used primarily for office purposes; and "industrial park" means land on which buildings are or will be constructed for warehouse, research, manufacturing, processing, or fabrication purposes. (XII) A regularly salaried employee of an owner of an apartment building or complex who acts as an on-site manager of such an apartment building or complex. This exemption applies only in respect to the customary duties of an on-site manager performed for his or her employer. (XIII) A regularly salaried employee of an owner of condominium units who acts as an on-site manager of such units. For purposes of this subsection (6)(b)(XIII) only, the term "owner" includes a homeowners' association formed and acting pursuant to its recorded condominium declaration and bylaws. This exemption applies only in respect to the customary duties of an on-site manager performed for his or her employer. (XIV) A real estate broker licensed in another state who receives a share of a commission or finder's fee on a cooperative transaction from a licensed Colorado real estate broker; (XV) A sole proprietor, corporation, partnership, or limited liability company, acting through its officers, partners, or regularly salaried employees, with respect to property located in Colorado, where the purchaser of the property is in the business of developing land for residential, commercial, or industrial purposes; Colorado Revised Statutes 2019 Page 5 of 890 Uncertified Printout (XVI) Any person, firm, partnership, limited liability company, association, or corporation, or any employee or authorized agent thereof, engaged in the act of negotiating, purchasing, assigning, exchanging, selling, leasing, or acquiring rights-of-way, permits, licenses, and any other interests in real property for, or on behalf, of a third party for the purpose of, or facilities related to: (A) Telecommunication lines; (B) Wireless communication facilities; (C) CATV; (D) Electric generation, transmission, and distribution lines; (E) Water diversion, collection, distribution, treatment, and storage or use; and (F) Transportation, so long as the person, firm, partnership, limited liability company, association, or corporation, including any employee or authorized agent thereof, does not represent any displaced person or entity as an agent thereof in the purchase, sale, or exchange of real estate, or an interest therein, resulting from residential or commercial relocations required under any transportation project, regardless of the source of public funding. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 614, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-101 as it existed prior to 2019; except that § 12-61-101 (1.2) was relocated to § 12-10-101 (3). 12-10-202. License required. It is unlawful for any person, firm, partnership, limited liability company, association, or corporation to engage in the business or capacity of real estate broker in this state without first having obtained a license from the commission. No person shall be granted a license until the person establishes compliance with the provisions of this part 2 concerning education, experience, and testing; truthfulness and honesty and otherwise good moral character; and, in addition to any other requirements of this section, competency to transact the business of a real estate broker in such manner as to safeguard the interest of the public and only after satisfactory proof of the qualifications, together with the application for the license, is filed in the office of the commission. In determining the person's character, the commission shall be governed by section 24-5-101. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 618, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-102 as it existed prior to 2019. 12-10-203. Application for license - rules - definition. (1) (a) All persons desiring to become real estate brokers shall apply to the commission for a license under the provisions of this part 2. Application for a license as a real estate broker shall be made to the commission upon forms or in a manner prescribed by the commission. (b) (I) Prior to submitting an application for a license pursuant to subsection (1)(a) of this section, each applicant shall submit a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal Colorado Revised Statutes 2019 Page 6 of 890 Uncertified Printout history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The applicant shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the criminal history record check, the bureau shall forward the results to the commission. The commission shall acquire a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a fingerprintbased criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (1)(b)(I) reveal a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based criminal history record check. (II) For purposes of this subsection (1)(b), "applicant" means an individual, or any person designated to act as broker for any partnership, limited liability company, or corporation pursuant to subsection (6) of this section. (2) Every real estate broker licensed under this part 2 shall maintain a place of business within this state, except as provided in section 12-10-208. In case a real estate broker maintains more than one place of business within the state, the broker shall be responsible for supervising all licensed activities originating in the offices. (3) The commission is authorized by this section to require and procure any such proof as is necessary in reference to the truthfulness, honesty, and good moral character of any applicant for a real estate broker's license or, if the applicant is a partnership, limited liability company, or corporation, of any partner, manager, director, officer, member, or stockholder if the person has, either directly or indirectly, a substantial interest in the applicant prior to the issuance of the license. (4) (a) An applicant for a broker's license shall be at least eighteen years of age. The applicant must furnish proof satisfactory to the commission that the applicant has either received a degree from an accredited degree-granting college or university with a major course of study in real estate or has successfully completed courses of study, approved by the commission, at any accredited college or university or any private occupational school that has a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of title 23 or that has been approved by the commission or licensed by an official state agency of any other state as follows: (I) Forty-eight hours of classroom instruction or equivalent correspondent hours in real estate law and real estate practice; and (II) Forty-eight hours of classroom instruction or equivalent correspondent hours in understanding and preparation of Colorado real estate contracts; and (III) A total of seventy-two hours of instruction or equivalent correspondence hours from the following areas of study: (A) Trust accounts and record keeping; (B) Real estate closings; (C) Current legal issues; and (D) Practical applications. (b) An applicant for a broker's license who has been licensed as a real estate broker in another jurisdiction shall be required to complete only the course of study comprising the subject matter areas described in subsections (4)(a)(II) and (4)(a)(III)(B) of this section. Colorado Revised Statutes 2019 Page 7 of 890 Uncertified Printout (c) An applicant for a broker's license who has been licensed as a real estate salesperson in another jurisdiction shall be required to complete only the course of study required in subsections (4)(a)(II) and (4)(a)(III) of this section. (5) (a) The applicant for a broker's license shall submit to and pass an examination designated to determine the competency of the applicant and prepared by or under the supervision of the commission or its designated contractor. The commission may contract with an independent testing service to develop, administer, or grade examinations or to administer licensee records. The contract may allow the testing service to recover the costs of the examination and the costs of administering exam and license records from the applicant. The commission may contract separately for these functions and allow recovered costs to be collected and retained by a single contractor for distribution to other contractors. The commission shall have the authority to set the minimum passing score that an applicant must receive on the examination, and the score shall reflect the minimum level of competency required to be a broker. The examination shall be given at such times and places as the commission prescribes. The examination shall include, but not be limited to, ethics, reading, spelling, basic mathematics, principles of land economics, appraisal, financing, a knowledge of the statutes and law of this state relating to deeds, trust deeds, mortgages, listing contracts, contracts of sale, bills of sale, leases, agency, brokerage, trust accounts, closings, securities, the provisions of this part 2, and the rules of the commission. The examination for a broker's license shall also include the preparation of a real estate closing statement. (b) An applicant for a broker's license who has held a real estate license in another jurisdiction that administers a real estate broker's examination and who has been licensed for two or more years prior to applying for a Colorado license may be issued a broker's license if the applicant establishes that he or she possesses credentials and qualifications that are substantively equivalent to the requirements in Colorado for licensure by examination. (c) In addition to all other applicable requirements, the following provisions apply to brokers that did not hold a current and valid broker's license on December 31, 1996: (I) No such broker shall engage in an independent brokerage practice without first having served actively as a real estate broker for at least two years. The commission shall adopt rules requiring an employing broker to ensure that a high level of supervision is exercised over such a broker during the two-year period. (II) No such broker shall employ another broker without first having completed twentyfour clock hours of instruction, or the equivalent in correspondence hours, as approved by the commission, in brokerage administration. (III) Effective January 1, 2019, a broker shall not act as an employing broker without first demonstrating, in accordance with rules of the commission, experience and knowledge sufficient to enable the broker to employ and adequately supervise other brokers, as appropriate to the broker's area of supervision. The commission's rules must set forth the method or methods by which the broker may demonstrate the experience and knowledge, either by documenting a specified number of transactions that the broker has completed or by other methods. (6) (a) Real estate brokers' licenses may be granted to individuals, partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a qualified, active broker to be responsible for management and supervision of the licensed actions of the partnership, limited liability company, or corporation and all licensees shown in the commission's records as being in the Colorado Revised Statutes 2019 Page 8 of 890 Uncertified Printout employ of the entity. The application of the partnership, limited liability company, or corporation and the application of the broker designated by it shall be filed with the commission. (b) No license shall be issued to any partnership, limited liability company, or corporation unless and until the broker so designated by the partnership, limited liability company, or corporation submits to and passes the examination required by this part 2 on behalf of the partnership, limited liability company, or corporation. Upon the broker successfully passing the examination and upon compliance with all other requirements of law by the partnership, limited liability company, or corporation, as well as by the designated broker, the commission shall issue a broker's license to the partnership, limited liability company, or corporation, which shall bear the name of the designated broker, and thereupon the broker so designated shall conduct business as a real estate broker only through the partnership, limited liability company, or corporation and not for the broker's own account. (c) If the person so designated is refused a license by the commission or ceases to be the designated broker of the partnership, limited liability company, or corporation, the entity may designate another person to make application for a license. If the person ceases to be the designated broker of the partnership, limited liability company, or corporation, the director may issue a temporary license to prevent hardship for a period not to exceed ninety days to the licensed person so designated. The director may extend a temporary license for one additional period not to exceed ninety days upon proper application and a showing of good cause; if the director refuses, no further extension of a temporary license shall be granted except by the commission. If any broker or employee of any such partnership, limited liability company, or corporation, other than the one designated as provided in this section, desires to act as a real estate broker, the broker or employee shall first obtain a license as a real estate broker as provided in this section and shall pay the regular fee therefor. (7) The broker designated to act as broker for any partnership, limited liability company, or corporation is personally responsible for the handling of any and all earnest money deposits or escrow or trust funds received or disbursed by the partnership, limited liability company, or corporation. In the event of any breach of duty by the partnership, limited liability company, or corporation as a fiduciary, any person aggrieved or damaged by the breach of fiduciary duty shall have a claim for relief against the partnership, limited liability company, or corporation, as well as against the designated broker, and may pursue the claim against the partnership, limited liability company, or corporation and the designated broker personally. The broker may be held responsible and liable for damages based upon the breach of fiduciary duty as may be recoverable against the partnership, limited liability company, or corporation, and any judgment so obtained may be enforced jointly or severally against the broker personally and the partnership, limited liability company, or corporation. (8) No license for a broker registered as being in the employ of another broker shall be issued to a partnership, a limited liability company, or a corporation or under a fictitious name or trade name; except that a married woman may elect to use her birth name. (9) No person shall be licensed as a real estate broker under more than one name, and no person shall conduct or promote a real estate brokerage business except under the name under which the person is licensed. (10) A licensed attorney shall take and pass the examination referred to in this section after having completed twelve hours of classroom instruction or equivalent correspondent hours in trust accounts, record keeping, and real estate closings. Colorado Revised Statutes 2019 Page 9 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 618, § 1, effective October 1; (1)(b)(I) amended, (HB 19-1166), ch. 125, p. 564, § 68, effective October 1. Editor's note: (1) This section is similar to former § 12-61-103 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019. (3) Section 78 of chapter 125 (HB 19-1166), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-10-204. Errors and omissions insurance required - rules. (1) Every licensee under this part 2, except an inactive broker or an attorney licensee who maintains a policy of professional malpractice insurance that provides coverage for errors and omissions for their activities as a licensee under this part 2, shall maintain errors and omissions insurance to cover all activities contemplated under parts 2 to 6 of this article 10. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel a licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division. (2) (a) If the division is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section. (b) The division shall solicit and consider information and comments from interested persons when determining the reasonableness of annual premiums. (3) The division shall determine the terms and conditions of coverage required under this section based on rules promulgated by the commission. The commission shall notify each licensee of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the commission. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the commission by the annual premium renewal date, as determined by the division. (4) In addition to all other powers and duties conferred upon the commission by this article 10, the commission shall adopt such rules as it deems necessary or proper to carry out the provisions of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 622, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-103.6 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 10 of 890 Uncertified Printout 12-10-205. Licenses - issuance - contents - display. The commission shall make available for each licensee a license in such form and size as the commission shall prescribe and adopt. The real estate license shall show the name of the licensee and shall have imprinted thereon the seal, or a facsimile, of the department and, in addition to the foregoing, shall contain such other matter as the commission shall prescribe. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 623, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-104 as it existed prior to 2019. 12-10-206. Real estate commission - created - compensation - immunity. (1) There is hereby created a commission of five members, appointed by the governor, which shall administer parts 2 and 5 of this article 10. This commission is known as the real estate commission and consists of three real estate brokers who have had not less than five years' experience in the real estate business in Colorado, one of whom has substantial experience in property management, and two representatives of the public at large. Members of the commission hold office for a period of three years. Upon the death, resignation, removal, or otherwise of any member of the commission, the governor shall appoint a member to fill out the unexpired term. The governor may remove any member for misconduct, neglect of duty, or incompetence. (2) Each member of the commission shall receive the same compensation and reimbursement of expenses as those provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all such per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund provided for in section 12-10-215. (3) Members of the commission, consultants, expert witnesses, and complainants shall be immune from suit in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith. (4) No real estate broker's license shall be denied, suspended, or revoked except as determined by a majority vote of the members of the commission. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 623, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-105 as it existed prior to 2019. 12-10-207. Division of real estate - creation - director, clerks, and assistants. (1) There is hereby created within the department the division of real estate. The executive director is authorized by this section to employ, subject to the provisions of the state personnel system laws of the state, a director of the division, who in turn shall employ such attorneys, deputies, investigators, clerks, and assistants as are necessary to discharge the duties imposed by parts 2 and 5 of this article 10. The division and the director shall exercise their powers and perform their duties and functions under the department as if they were transferred to the department by a type 2 transfer. Colorado Revised Statutes 2019 Page 11 of 890 Uncertified Printout (2) It is the duty of the director, personally, or the director's designee to aid in the administration and enforcement of parts 2 and 5 of this article 10 and in the prosecution of all persons charged with violating any of their provisions, to conduct audits of business accounts of licensees, to perform such duties of the commission as the commission prescribes, and to act in behalf of the commission on such occasions and in such circumstances as the commission directs. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 624, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-106 as it existed prior to 2019. 12-10-208. Resident licensee - nonresident licensee - consent to service. (1) A nonresident of the state may become a real estate broker in this state by conforming to all the conditions of this part 2; except that the nonresident broker shall not be required to maintain a place of business within this state if that broker maintains a definite place of business in another state. (2) If a broker has no registered agent registered in this state, the registered agent is not located under its registered agent name at its registered agent address, or the registered agent cannot with reasonable diligence be served, the broker may be served by registered mail or by certified mail, return receipt requested, addressed to the entity at its principal address. Service is perfected under this subsection (2) at the earliest of: (a) The date the broker receives the process, notice, or demand; (b) The date shown on the return receipt, if signed by or on behalf of the broker; or (c) Five days after mailing. (3) All such applications shall contain a certification that the broker is authorized to act for the corporation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 624, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-107 as it existed prior to 2019. 12-10-209. Record of licensees - publications. The commission shall maintain a record of the names and addresses of all licensees licensed under the provisions of parts 2 and 5 of this article 10, together with such other information relative to the enforcement of the provisions as deemed by the commission to be necessary. Publication of the record and of any other information circulated in quantity outside the executive branch shall be in accordance with the provisions of section 24-1-136. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 625, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-108 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 12 of 890 Uncertified Printout 12-10-210. Compilation and publication of passing rates per educational institution for real estate licensure examinations - definition - rules. (1) The commission shall have the authority to obtain information from each educational institution authorized to offer courses in real estate for the purpose of compiling the number of applicants who pass the real estate licensure examination from each educational institution. The information shall include the name of each student who attended the institution and a statement of whether the student completed the necessary real estate courses required for licensure. The commission shall have access to such other information as necessary to accomplish the purpose of this section. For the purposes of this section, an "applicant" is a student who completed the required education requirements and who applied for and sat for the licensure examination. (2) The commission shall compile the information obtained in subsection (1) of this section with applicant information retained by the commission. Specifically, the commission shall compile whether the student applied for the licensure examination and whether the applicant passed the licensure examination. The commission shall create statistical data setting forth: (a) The name of the educational institution; (b) The number of students who completed the necessary real estate course required for licensure; (c) Whether the student registered and sat for the licensure examination; and (d) The number of those applicants who passed the licensure examination. (3) The commission shall publish this statistical data and make it available to the public quarterly. (4) The commission shall retain the statistical data for three years. (5) Specific examination scores for an applicant will be kept confidential by the commission unless the applicant authorizes release of the information. (6) The commission may promulgate rules for the administration of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 625, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-108.5 as it existed prior to 2019. 12-10-211. Change of license status - inactive - cancellation. (1) Immediate notice shall be given in a manner acceptable to the commission by each licensee of any change of business location or employment. A change of business address or employment without notification to the commission shall automatically inactivate the licensee's license. (2) A broker who transfers to the address of another broker or a broker applicant who desires to be employed by another broker shall inform the commission if the broker is to be in the employ of the other broker. The employing broker shall have the control and custody of the employed broker's license. The employed broker may not act on behalf of the broker or as broker for a partnership, limited liability company, or corporation during the term of the employment; but this shall not affect the employed broker's right to transfer to another employing broker or to a location where the employed broker may conduct business as an independent broker or as a broker acting for a partnership, limited liability company, or corporation. Colorado Revised Statutes 2019 Page 13 of 890 Uncertified Printout (3) In the event that any licensee is discharged by or terminates employment with a broker, it shall be the joint duty of both such parties to immediately notify the commission. Either party may furnish the notice in a manner acceptable to the commission. The party giving notice shall notify the other party in person or in writing of the termination of employment. (4) It is unlawful for any such licensee to perform any of the acts authorized under the license in pursuance of this part 2, either directly or indirectly, on or after the date that employment has been terminated. When any real estate broker whose employment has been terminated is employed by another real estate broker, the commission shall, upon proper notification, enter the change of employment in the records of the commission. Not more than one employer or place of employment shall be shown for any real estate broker for the same period of time. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 626, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-109 as it existed prior to 2019. 12-10-212. License fees - partnership, limited liability company, and corporation licenses - rules. (1) Fees established pursuant to section 12-10-215 shall be charged by and paid to the commission or the agent for the commission for the following: (a) Each broker's examination; (b) Each broker's original application and license; (c) Each renewal of a broker's license; (d) Any change of name, address, or employing broker requiring a change in commission records; (e) A new application that shall be submitted when a licensed real estate broker wishes to become the broker acting for a partnership, a limited liability company, or a corporation. (2) The proper fee shall accompany each application for licensure. The fee shall not be refundable. Failure by the person taking an examination to file the appropriate broker's application within one year of the date the person passed the examination will automatically cancel the examination, and all rights to a passing score will be terminated. (3) Each real estate broker's license granted to an individual shall entitle the individual to perform all the acts contemplated by this part 2, without any further application on his or her part and without the payment of any fee other than the fees specified in this section. (4) (a) (I) The commission shall require that any person licensed under this part 2, whether on an active or inactive basis, renew the license on or before December 31 of every third year after issuance; except that an initial license issued under this part 2 on or after April 23, 2018, expires at 12 midnight on December 31 of the year in which it was issued. (II) Renewal is conditioned upon fulfillment of the continuing education requirements set forth in section 12-10-213. For persons renewing or reinstating an active license, written certification verifying completion for the previous licensing period of the continuing education requirements set forth in section 12-10-213 must accompany and be submitted to the commission with the application for renewal or reinstatement. For persons who did not submit certification verifying compliance with section 12-10-213 at the time a license was renewed or reinstated on an inactive status, written certification verifying completion for the previous Colorado Revised Statutes 2019 Page 14 of 890 Uncertified Printout licensing period of the continuing education requirements set forth in that section must accompany and be submitted with any future application to reactivate the license. The commission may, by rule, establish procedures to facilitate such a renewal. In the absence of any reason or condition that might warrant the refusal of the granting of a license or the revocation thereof, the commission shall issue a new license upon receipt by the commission of the written request of the applicant and the appropriate fees required by this section. Applications for renewal will be accepted thirty days prior to January 1. (III) A person who fails to renew a license before January 1 of the year succeeding the year of the expiration of the license may reinstate the license as follows: (A) If proper application is made within thirty-one days after the date of expiration, by payment of the regular renewal fee; (B) If proper application is made more than thirty-one days but within one year after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to one-half the regular renewal fee; (C) If proper application is made more than one year but within three years after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to the regular renewal fee. (IV) The commission may, by rule, establish procedures to facilitate the transition of the reinstatement license periods described in subsections (4)(a)(III)(A) to (4)(a)(III)(C) of this section from an anniversary expiration date to a December 31 expiration date. (b) Any reinstated license shall be effective only as of the date of reinstatement. Any person who fails to apply for reinstatement within three years after the expiration of a license shall, without exception, be treated as a new applicant for licensure. (c) All reinstatement fees shall be transmitted to the state treasurer, who shall credit the fees to the division of real estate cash fund, as established by section 12-10-215. (5) The suspension, expiration, or revocation of a real estate broker's license shall automatically inactivate every real estate broker's license where the holder of the license is shown in the commission records to be in the employ of the broker whose license has expired or has been suspended or revoked pending notification to the commission by the employed licensee of a change of employment. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 626, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-110 as it existed prior to 2019. 12-10-213. Renewal of license - continuing education requirement - rules. (1) A broker applying for renewal of a license pursuant to section 12-10-212 (4) shall include with the application a certified statement verifying successful completion of real estate courses in accordance with the following schedule: (a) For licensees applying for renewal of a three-year license, passage within the previous three years of the Colorado portion of the real estate exam or completion of a minimum of twenty-four hours of credit, twelve of which must be the credits developed by the commission pursuant to subsection (2) of this section; Colorado Revised Statutes 2019 Page 15 of 890 Uncertified Printout (b) For licensees applying for renewal of a license that expires less than three years after it was issued, passage within the license period of the Colorado portion of the real estate exam or completion of a minimum of twenty-four hours of credit, at least eight of which must be the credits developed by the commission pursuant to subsection (2) of this section. (2) The commission shall develop twelve hours of credit designed to assure reasonable currency of real estate knowledge by licensees, which credits shall include an update of the current statutes and the rules promulgated by the commission that affect the practice of real estate. If a licensee takes a course pursuant to rule 250 of the Colorado rules of civil procedure and the course concerns real property law, the licensee shall receive credit for the course toward the fulfillment of the licensee's continuing education requirements pursuant to this section. The credits shall be taken from an accredited Colorado college or university; a Colorado community college; a Colorado private occupational school holding a certificate of approval from the state board for community colleges and occupational education; or an educational institution or an educational service described in section 23-64-104. Successful completion of the credits shall require satisfactory passage of a written examination or written examinations of the materials covered. The examinations shall be audited by the commission to verify their accuracy and the validity of the grades given. The commission shall set the standards required for satisfactory passage of the examinations. (3) All credits, other than the credits specified in subsection (2) of this section, shall be acquired from educational courses approved by the commission that contribute directly to the professional competence of a licensee. The credits may be acquired through successful completion of instruction in one or more of the following subjects: (a) Real estate law; (b) Property exchanges; (c) Real estate contracts; (d) Real estate finance; (e) Real estate appraisal; (f) Real estate closing; (g) Real estate ethics; (h) Condominiums and cooperatives; (i) Real estate time-sharing; (j) Real estate marketing principles; (k) Real estate construction; (l) Land development; (m) Real estate energy concerns; (n) Real estate geology; (o) Water and waste management; (p) Commercial real estate; (q) Real estate securities and syndications; (r) Property management; (s) Real estate computer principles; (t) Brokerage administration and management; (u) Agency; and (v) Any other subject matter as approved by the commission. Colorado Revised Statutes 2019 Page 16 of 890 Uncertified Printout (4) A licensee applying for renewal of a license that expires on December 31 of the year in which it was issued is not subject to the education requirements set forth in subsection (1) of this section. (5) The commission shall promulgate rules to implement this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 628, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-110.5 as it existed prior to 2019. 12-10-214. Disposition of fees. All fees collected by the commission under parts 2 and 5 of this article 10, not including administrative fees that are in the nature of an administrative fine and fees retained by contractors pursuant to contracts entered into in accordance with section 1210-203 or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund. Pursuant to section 12-10-215, the general assembly shall make annual appropriations from the fund for expenditures of the commission incurred in the performance of its duties under parts 2 and 5 of this article 10. The commission may request an appropriation specifically designated for educational and enforcement purposes. The expenditures incurred by the commission under parts 2 and 5 of this article 10 shall be made out of the appropriations upon vouchers and warrants drawn pursuant to law. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 630, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-111 as it existed prior to 2019. 12-10-215. Fee adjustments - cash fund created. (1) This section applies to all activities of the division under parts 2, 5, 6, and 7 of this article 10. (2) (a) (I) The division shall propose, as part of its annual budget request, an adjustment in the amount of each fee that it is authorized by law to collect under parts 2, 5, 6, and 7 of this article 10. The budget request and the adjusted fees for the division must reflect direct and indirect costs. (II) The costs of the HOA information and resource center, created in section 12-10-801, shall be paid from the division of real estate cash fund created in this section. The division shall estimate the direct and indirect costs of operating the HOA information and resource center and shall establish the amount of the annual registration fee to be collected under section 38-33.3401. The amount of the registration fee shall be sufficient to recover these costs, subject to a maximum limit of fifty dollars. (b) Based upon the appropriation made and subject to the approval of the executive director, the division shall adjust its fees so that the revenue generated from the fees approximates its direct and indirect costs incurred in administering the programs and activities from which the fees are derived. The fees shall remain in effect for the fiscal year for which the budget request applies. All fees collected by the division, not including fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203 or 24-34101, shall be transmitted to the state treasurer, who shall credit the same to the division of real Colorado Revised Statutes 2019 Page 17 of 890 Uncertified Printout estate cash fund, which fund is hereby created. All money credited to the division of real estate cash fund shall be used as provided in this section or in section 12-10-214 and shall not be deposited in or transferred to the general fund of this state or any other fund. (c) Beginning July 1, 1979, and each July 1 thereafter, whenever money appropriated to the division for its activities for the prior fiscal year is unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the division. If a supplemental appropriation is made to the division for its activities, its fees, when adjusted for the fiscal year next following that in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Funds appropriated to the division in the annual long appropriations bill shall be designated as a cash fund and shall not exceed the amount anticipated to be raised from fees collected by the division. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 630, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-111.5 as it existed prior to 2019. 12-10-216. Records - evidence - inspection. (1) The executive director shall adopt a seal by which all proceedings authorized under parts 2 and 5 of this article 10 shall be authenticated. Copies of records and papers in the office of the commission or department relating to the administration of parts 2 and 5 of this article 10, when duly certified and authenticated by the seal, shall be received as evidence in all courts equally and with like effect as the originals. All records kept in the office of the commission or department, under authority of parts 2 and 5 of this article 10, must be open to public inspection at such time and in such manner as may be prescribed by rules formulated by the commission. (2) The commission shall not be required to maintain or preserve licensing history records of any person licensed under the provisions of this part 2 for any period of time longer than seven years. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 631, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-112 as it existed prior to 2019. 12-10-217. Investigation - revocation - actions against licensee or applicant definition. (1) The commission, upon its own motion, may, and, upon the complaint in writing of any person, shall, investigate the activities of any licensee or any person who assumes to act in the capacity of a licensee within the state, and the commission, after holding a hearing pursuant to section 12-10-219, has the power to impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense and to censure a licensee, to place the licensee on probation and to set the terms of probation, or to temporarily suspend a license, or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts and is guilty of: Colorado Revised Statutes 2019 Page 18 of 890 Uncertified Printout (a) Knowingly making any misrepresentation or knowingly making use of any false or misleading advertising; (b) Making any promise of a character that influences, persuades, or induces another person when he or she could not or did not intend to keep the promise; (c) Knowingly misrepresenting or making false promises through agents, advertising, or otherwise; (d) Violating any provision of the "Colorado Consumer Protection Act", article 1 of title 6; (e) Acting for more than one party in a transaction without the knowledge of all parties thereto; (f) Representing or attempting to represent a real estate broker other than the licensee's employer without the express knowledge and consent of that employer; (g) In the case of a broker registered as in the employ of another broker, failing to place, as soon after receipt as is practicably possible, in the custody of that licensed broker-employer any deposit money or other money or fund entrusted to the employee by any person dealing with the employee as the representative of that licensed broker-employer; (h) Failing to account for or to remit, within a reasonable time, any money coming into the licensee's possession that belongs to others, whether acting as real estate brokers or otherwise, and failing to keep records relative to the money, which records shall contain such information as may be prescribed by the rules of the commission relative thereto and shall be subject to audit by the commission; (i) Converting funds of others, diverting funds of others without proper authorization, commingling funds of others with the broker's own funds, or failing to keep the funds of others in an escrow or a trustee account with some bank or recognized depository in this state, which account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government, and to keep records relative to the deposit that contain such information as may be prescribed by the rules of the commission relative thereto, which records shall be subject to audit by the commission; (j) Failing to provide the purchaser and seller of real estate with a closing statement of the transaction, containing such information as may be prescribed by the rules of the commission or failing to provide a signed duplicate copy of the listing contract and the contract of sale or the preliminary agreement to sell to the parties thereto; (k) Failing to maintain possession, for future use or inspection by an authorized representative of the commission, for a period of four years, of the documents or records prescribed by the rules of the commission or to produce the documents or records upon reasonable request by the commission or by an authorized representative of the commission; (l) Paying a commission or valuable consideration for performing any of the functions of a real estate broker, as described in this part 2, to any person not licensed under this part 2; except that a licensed broker may pay a finder's fee or a share of any commission on a cooperative sale when the payment is made to a real estate broker licensed in another state or country. If a country does not license real estate brokers, then the payee must be a citizen or resident of the country and represent that the payee is in the business of selling real estate in the country. (m) Disregarding or violating any provision of this part 2 or part 4 of this article 10, violating any reasonable rule promulgated by the commission in the interests of the public and in Colorado Revised Statutes 2019 Page 19 of 890 Uncertified Printout conformance with the provisions of this part 2 or part 4 of this article 10; violating any lawful commission orders; or aiding and abetting a violation of any rule, commission order, or provision of this part 2 or part 4 of this article 10; (n) (I) Conviction of, entering a plea of guilty to, or entering a plea of nolo contendere to any crime in article 3 of title 18; parts 1, 2, 3, and 4 of article 4 of title 18; part 1, 2, 3, 4, 5, 7, 8, or 9 of article 5 of title 18; article 5.5 of title 18; parts 3, 4, 6, 7, and 8 of article 6 of title 18; parts 1, 3, 4, 5, 6, 7, and 8 of article 7 of title 18; part 3 of article 8 of title 18; article 15 of title 18; article 17 of title 18; section 18-18-404, 18-18-405, 18-18-406, 18-18-411, 18-18-412.5, 1818-412.7, 18-18-412.8, 18-18-415, 18-18-416, 18-18-422, or 18-18-423; or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that the plea was entered shall be conclusive evidence of the conviction or plea in any hearing under this part 2. (II) As used in this subsection (1)(n), "conviction" includes the imposition of a deferred judgment or deferred sentence. (o) Violating or aiding and abetting in the violation of the Colorado or federal fair housing laws; (p) Failing to immediately notify the commission in writing of a conviction, plea, or violation pursuant to subsection (1)(n) or (1)(o) of this section; (q) Having demonstrated unworthiness or incompetency to act as a real estate broker by conducting business in such a manner as to endanger the interest of the public; (r) In the case of a broker licensee, failing to exercise reasonable supervision over the activities of licensed employees; (s) Procuring, or attempting to procure, a real estate broker's license or renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, a real estate broker's license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for the license; (t) Claiming, arranging for, or taking any secret or undisclosed amount of compensation, commission, or profit or failing to reveal to the licensee's principal or employer the full amount of the licensee's compensation, commission, or profit in connection with any acts for which a license is required under this part 2; (u) Using any provision allowing the licensee an option to purchase in any agreement authorizing or employing the licensee to sell, buy, or exchange real estate for compensation or commission, except when the licensee, prior to or coincident with election to exercise the option to purchase, reveals in writing to the licensee's principal or employer the full amount of the licensee's profit and obtains the written consent of the principal or employer approving the amount of the profit; (v) Effective on and after August 26, 2013, fraud, misrepresentation, deceit, or conversion of trust funds that results in the entry of a civil judgment for damages; (w) Any other conduct, whether of the same or a different character than specified in this subsection (1), that constitutes dishonest dealing; (x) Having had a real estate broker's or a subdivision developer's license suspended or revoked in any jurisdiction, or having had any disciplinary action taken against the broker or subdivision developer in any other jurisdiction if the broker's or subdivision developer's action Colorado Revised Statutes 2019 Page 20 of 890 Uncertified Printout would constitute a violation of this subsection (1). A certified copy of the order of disciplinary action shall be prima facie evidence of the disciplinary action. (y) Failing to keep records documenting proof of completion of the continuing education requirements in accordance with section 12-10-213 for a period of four years from the date of compliance with the section; (z) (I) Violating any provision of section 12-10-218. (II) In addition to any other remedies available to the commission pursuant to this article 10, after notice and a hearing pursuant to section 24-4-105, the commission may assess a penalty for a violation of section 12-10-218 or of any rule promulgated pursuant to section 12-10-218. The penalty shall be the amount of remuneration improperly paid and shall be transmitted to the state treasurer and credited to the general fund. (aa) Within the last five years, having a license, registration, or certification issued by Colorado or another state revoked or suspended for fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, and such discipline denied the person authorization to practice as: (I) A mortgage broker or mortgage loan originator; (II) A real estate broker or salesperson; (III) A real estate appraiser, as defined by section 12-10-602 (9); (IV) An insurance producer, as defined by section 10-2-103 (6); (V) An attorney; (VI) A securities broker-dealer, as defined by section 11-51-201 (2); (VII) A securities sales representative, as defined by section 11-51-201 (14); (VIII) An investment advisor, as defined by section 11-51-201 (9.5); or (IX) An investment advisor representative, as defined by section 11-51-201 (9.6). (2) Every person licensed pursuant to section 12-10-201 (6)(a)(X) shall give a prospective tenant a contract or receipt; and the contract or receipt shall include the address and telephone number of the commission in prominent letters and shall state that the regulation of rental location agents is under the purview of the commission. (3) In the event a firm, partnership, limited liability company, association, or corporation operating under the license of a broker designated and licensed as representative of the firm, partnership, limited liability company, association, or corporation is guilty of any of the foregoing acts, the commission may suspend or revoke the right of the firm, partnership, limited liability company, association, or corporation to conduct its business under the license of the broker, whether or not the designated broker had personal knowledge thereof and whether or not the commission suspends or revokes the individual license of the broker. (4) Upon request of the commission, when any real estate broker is a party to any suit or proceeding, either civil or criminal, arising out of any transaction involving the sale or exchange of any interest in real property or out of any transaction involving a leasehold interest in the real property and when the broker is involved in the transaction in such capacity as a licensed broker, it shall be the duty of the broker to supply to the commission a copy of the complaint, indictment, information, or other initiating pleading and the answer filed, if any, and to advise the commission of the disposition of the case and of the nature and amount of any judgment, verdict, finding, or sentence that may be made, entered, or imposed therein. (5) This part 2 shall not be construed to relieve any person from civil liability or criminal prosecution under the laws of this state. Colorado Revised Statutes 2019 Page 21 of 890 Uncertified Printout (6) Complaints of record in the office of the commission and commission investigations, including commission investigative files, are closed to public inspection. Stipulations and final agency orders are public records subject to sections 24-72-203 and 24-72-204. (7) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the commission, does not warrant formal action by the commission but that should not be dismissed as being without merit, the commission may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom a complaint was made and a copy thereof to the person making the complaint, but the letter shall advise the licensee that the licensee has the right to request in writing, within twenty days after proven receipt, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings. (8) All administrative fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund. (9) Any application for licensure from a person whose license has been revoked shall not be considered until the passage of one year from the date of revocation. (10) When the division becomes aware of facts or circumstances that fall within the jurisdiction of a criminal justice or other law enforcement authority upon investigation of the activities of a licensee, the division shall, in addition to the exercise of its authority under this part 2, refer and transmit the information, which may include originals or copies of documents and materials, to one or more criminal justice or other law enforcement authorities for investigation and prosecution as authorized by law. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 631, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-113 as it existed prior to 2019. Cross references: For alternative disciplinary actions for persons licensed pursuant to this part 2, see § 24-34-106. 12-10-218. Affiliated business arrangements - definitions - disclosures enforcement and penalties - reporting - rules - investigation information shared with the division of insurance. (1) As used in this section, unless the context otherwise requires: (a) "Affiliated business arrangement" means an arrangement in which: (I) A provider of settlement services or an associate of a provider of settlement services has either an affiliate relationship with or a direct beneficial ownership interest of more than one percent in another provider of settlement services; and (II) A provider of settlement services or the associate of a provider directly or indirectly refers settlement service business to another provider of settlement services or affirmatively influences the selection of another provider of settlement services. (b) "Associate" means a person who has one or more of the following relationships with a person in a position to refer settlement service business: (I) A spouse, parent, or child of the person; Colorado Revised Statutes 2019 Page 22 of 890 Uncertified Printout (II) A corporation or business entity that controls, is controlled by, or is under common control with the person; (III) An employer, officer, director, partner, franchiser, or franchisee of the person, including a broker acting as an independent contractor; or (IV) Anyone who has an agreement, arrangement, or understanding with the person, the purpose or substantial effect of which is to enable the person in a position to refer settlement service business to benefit financially from referrals of the business. (c) "Settlement service" means any service provided in connection with a real estate settlement including, but not limited to, the following: (I) Title searches; (II) Title examinations; (III) The provision of title certificates; (IV) Title insurance; (V) Services rendered by an attorney; (VI) The preparation of title documents; (VII) Property surveys; (VIII) The rendering of credit reports or appraisals; (IX) Real estate appraisal services; (X) Home inspection services; (XI) Services rendered by a real estate broker; (XII) Pest and fungus inspections; (XIII) The origination of a loan; (XIV) The taking of a loan application; (XV) The processing of a loan; (XVI) Underwriting and funding of a loan; (XVII) Escrow handling services; (XVIII) The handling of the processing; and (XIX) Closing of settlement. (2) (a) An affiliated business arrangement is permitted where the person referring business to the affiliated business arrangement receives payment only in the form of a return on an investment and where it does not violate the provisions of section 12-10-217. (b) If a licensee or the employing broker of a licensee is part of an affiliated business arrangement when an offer to purchase real property is fully executed, the licensee shall disclose to all parties to the real estate transaction the existence of the arrangement. The disclosure shall be written, shall be signed by all parties to the real estate transaction, and shall comply with the federal "Real Estate Settlement Procedures Act of 1974", as amended, 12 U.S.C. sec. 2601 et seq. (c) A licensee shall not require the use of an affiliated business arrangement or a particular provider of settlement services as a condition of obtaining services from that licensee for any settlement service. For the purposes of this subsection (2)(c), "require the use" shall have the same meaning as "required use" in 24 CFR 3500.2 (b). (d) No licensee shall give or accept any fee, kickback, or other thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a settlement service involving an affiliated business arrangement shall be referred to any provider of settlement services. Colorado Revised Statutes 2019 Page 23 of 890 Uncertified Printout (e) Nothing in this section shall be construed to prohibit payment of a fee to: (I) An attorney for services actually rendered; (II) A title insurance company to its duly appointed agent for services actually performed in the issuance of a policy of title insurance; (III) A lender to its duly appointed agent for services actually performed in the making of a loan. (f) Nothing in this section shall be construed to prohibit payment to any person of: (I) A bona fide salary or compensation or other payment for goods or facilities actually furnished or for services actually performed; (II) A fee pursuant to cooperative brokerage and referral arrangements or agreements between real estate brokers. (g) It shall not be a violation of this section for an affiliated business arrangement: (I) To require a buyer, borrower, or seller to pay for the services of any attorney, credit reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real estate transaction; or (II) If an attorney or law firm represents a client in a real estate transaction and issues or arranges for the issuance of a policy of title insurance in the transaction directly as agent or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to his or her law practice. (h) No person shall be liable for a violation of this section if the person proves by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adopted to avoid the error. (3) On and after July 1, 2006, a licensee shall disclose at the time the licensee enters into or changes an affiliated business arrangement, in a form and manner acceptable to the commission, the names of all affiliated business arrangements to which the licensee is a party. The disclosure shall include the physical locations of the affiliated businesses. (4) On and after July 1, 2006, an employing broker, in a form and manner acceptable to the commission, shall at least annually disclose the names of all affiliated business arrangements to which the employing broker is a party. The disclosure shall include the physical locations of the affiliated businesses. (5) The commission may promulgate rules concerning the creation and conduct of an affiliated business arrangement, including, but not limited to, rules defining what constitutes a sham affiliated business arrangement. The commission shall adopt the rules, policies, or guidelines issued by the United States department of housing and urban development concerning the federal "Real Estate Settlement Procedures Act of 1974", as amended, 12 U.S.C. sec. 2601 et seq. Rules adopted by the commission shall be at least as stringent as the federal rules and shall ensure that consumers are adequately informed about affiliated business arrangements. The commission shall consult with the insurance commissioner pursuant to section 10-11-124 (2), concerning rules, policies, or guidelines the insurance commissioner adopts concerning affiliated business arrangements. Neither the rules promulgated by the insurance commissioner nor the commission may create a conflicting regulatory burden on an affiliated business arrangement. (6) The division of real estate may share information gathered during an investigation of an affiliated business arrangement with the division of insurance. Colorado Revised Statutes 2019 Page 24 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 636, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-113.2 as it existed prior to 2019. 12-10-219. Hearing - administrative law judge - review - rules. (1) Except as otherwise provided in this section, all proceedings before the commission with respect to disciplinary actions and denial of licensure under this part 2 and part 4 of this article 10 and certifications issued under part 5 of this article 10 shall be conducted by an administrative law judge pursuant to the provisions of sections 24-4-104 and 24-4-105. (2) The proceedings shall be held in the county where the commission has its office or in such other place as the commission may designate. If the licensee is an employed broker, the commission shall also notify the broker employing the licensee by mailing, by first-class mail, a copy of the written notice required under section 24-4-104 (3) to the employing broker's lastknown business address. (3) An administrative law judge shall conduct all hearings for denying, suspending, or revoking a license or certificate on behalf of the commission, subject to appropriations made to the department of personnel. Each administrative law judge shall be appointed pursuant to part 10 of article 30 of title 24. The administrative law judge shall conduct the hearing pursuant to the provisions of sections 24-4-104 and 24-4-105. No license shall be denied, suspended, or revoked until the commission has made its decision by a majority vote. (4) The decision of the commission in any disciplinary action or denial of licensure under this section is subject to review by the court of appeals by appropriate proceedings under section 24-4-106 (11). In order to effectuate the purposes of parts 2, 4, and 5 of this article 10, the commission has the power to promulgate rules pursuant to article 4 of title 24. The commission may appear in court by its own attorney. (5) Pursuant to the proceeding, the court has the right, in its discretion, to stay the execution or effect of any final order of the commission; but a hearing shall be held affording the parties an opportunity to be heard for the purpose of determining whether the public health, safety, and welfare would be endangered by staying the commission's order. If the court determines that the order should be stayed, it shall also determine at the hearing the amount of the bond and adequacy of the surety, which bond shall be conditioned upon the faithful performance by the petitioner of all obligations as a real estate broker and upon the prompt payment of all damages arising from or caused by the delay in the taking effect of or enforcement of the order complained of and for all costs that may be assessed or required to be paid in connection with the proceedings. (6) In any hearing conducted by the commission in which there is a possibility of the denial, suspension, or revocation of a license because of the conviction of a felony or of a crime involving moral turpitude, the commission shall be governed by the provisions of section 24-5101. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 639, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-114 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 25 of 890 Uncertified Printout 12-10-220. Rules. All rules adopted or amended by the commission are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 640, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-114.5 as it existed prior to 2019. 12-10-221. Broker remuneration. It is unlawful for a real estate broker registered in the commission office as in the employ of another broker to accept a commission or valuable consideration for the performance of any of the acts specified in this part 2 from any person except the broker's employer, who shall be a licensed real estate broker. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 640, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-117 as it existed prior to 2019. 12-10-222. Acts of third parties - broker's liability. Any unlawful act or violation of any of the provisions of this part 2 upon the part of an employee, officer, or member of a licensed real estate broker shall not be cause for disciplinary action against a real estate broker, unless it appears to the satisfaction of the commission that the real estate broker had actual knowledge of the unlawful act or violation or had been negligent in the supervision of employees. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 640, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-118 as it existed prior to 2019. 12-10-223. Violations. Any natural person, firm, partnership, limited liability company, association, or corporation violating the provisions of this part 2 by acting as real estate broker in this state without having obtained a license or by acting as real estate broker after the broker's license has been revoked or during any period for which the license may have been suspended is guilty of a misdemeanor and, upon conviction thereof, if a natural person, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment and, if an entity, shall be punished by a fine of not more than five thousand dollars. A second violation, if by a natural person, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 641, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-119 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 26 of 890 Uncertified Printout 12-10-224. Subpoena compelling attendance of witnesses and production of records and documents. The commission, the director, or the administrative law judge appointed for hearings may issue a subpoena compelling the attendance and testimony of witnesses and the production of books, papers, or records pursuant to an investigation or hearing of the commission. The subpoenas shall be served in the same manner as subpoenas issued by district courts and shall be issued without discrimination between public or private parties requiring the attendance of witnesses and the production of documents at hearings. If a person fails or refuses to obey a subpoena issued by the commission, the director, or the appointed administrative law judge, the commission may petition the district court having jurisdiction for issuance of a subpoena in the premises, and the court shall, in a proper case, issue its subpoena. Any person who refuses to obey a subpoena shall be punished as provided in section 12-10-225. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 641, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-120 as it existed prior to 2019. Cross references: For the Colorado rule of civil procedure concerning subpoenas, see C.R.C.P. 45. 12-10-225. Failure to obey subpoena - penalty. Any person who willfully fails or neglects to appear and testify or to produce books, papers, or records required by subpoena, duly served upon him or her in any matter conducted under parts 2 and 5 of this article 10, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of twenty-five dollars, or imprisonment in the county jail for not more than thirty days for each such offense, or by both such fine and imprisonment. Each day a person so refuses or neglects constitutes a separate offense. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 641, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-121 as it existed prior to 2019. 12-10-226. Powers of commission - injunctions. The commission may apply to a court of competent jurisdiction for an order enjoining any act or practice that constitutes a violation of parts 2 and 5 of this article 10, and, upon a showing that a person is engaging or intends to engage in any such act or practice, an injunction, restraining order, or other appropriate order shall be granted by the court regardless of the existence of another remedy therefor. Any notice, hearing, or duration of any injunction or restraining order shall be made in accordance with the provisions of the Colorado rules of civil procedure. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 641, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-122 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 27 of 890 Uncertified Printout Cross references: For the Colorado rule of civil procedure concerning injunctions, see C.R.C.P. 65. 12-10-227. Repeal of part - subject to review. This part 2 is repealed, effective September 1, 2026. Before the repeal, the division, including the commission, is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 642, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-123 as it existed prior to 2019. PART 3 BROKERS' COMMISSIONS 12-10-301. When entitled to commission. No real estate agent or broker is entitled to a commission for finding a purchaser who is ready, willing, and able to complete the purchase of real estate as proposed by the owner until the same is consummated or is defeated by the refusal or neglect of the owner to consummate the same as agreed upon. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 642, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-201 as it existed prior to 2019. 12-10-302. Objections on account of title. No real estate agent or broker is entitled to a commission when a proposed purchaser fails or refuses to complete his or her contract of purchase because of defects in the title of the owner, unless the owner, within a reasonable time, has the defects corrected by legal proceedings or otherwise. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 642, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-202 as it existed prior to 2019. 12-10-303. When owner must perfect title. The owner shall not be required to begin legal or other proceedings for the correction of a title until the agent or broker secures from the proposed purchaser an enforceable contract in writing, binding him or her to complete the purchase whenever the defects in the title are corrected. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 642, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-203 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 28 of 890 Uncertified Printout 12-10-304. Referral fees - conformity with federal law required - remedies for violation - definitions. (1) A person licensed under part 2, 3, or 5 of this article 10 shall not pay or receive a referral fee except in accordance with the federal "Real Estate Settlement Procedures Act of 1974", as amended, 12 U.S.C. sec. 2601 et seq., and unless reasonable cause for payment of the referral fee exists. A reasonable cause for payment means: (a) An actual introduction of business has been made; (b) A contractual referral fee relationship exists; or (c) A contractual cooperative brokerage relationship exists. (2) (a) No person shall interfere with the brokerage relationship of a licensee. (b) As used in this subsection (2): (I) "Brokerage relationship" means a relationship entered into between a broker and a buyer, seller, landlord, or tenant under which the broker engages in any of the acts set forth in section 12-10-201 (6). A brokerage relationship is not established until a written brokerage agreement is entered into between the parties or is otherwise established by law. (II) "Interfere with the brokerage relationship" means demanding a referral fee from a licensee without reasonable cause. (III) "Referral fee" means any fee paid by a licensee to any person or entity, other than a cooperative commission offered by a listing broker to a selling broker or vice versa. (3) Any person aggrieved by a violation of any provision of this section may bring a civil action in a court of competent jurisdiction. The prevailing party in any such action shall be entitled to actual damages and, in addition, the court may award an amount up to three times the amount of actual damages sustained as a result of any such violation plus reasonable attorney fees. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 642, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-203.5 as it existed prior to 2019. 12-10-305. Repeal of part - subject to review. This part 3 is repealed, effective September 1, 2026. Before the repeal, this part 3 is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 643, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-204 as it existed prior to 2019. PART 4 BROKERAGE RELATIONSHIPS Law reviews: For article, "The New Brokerage Legislation: The Demise of 'Agency By Surprise'", see 22 Colo. Law. 1919 (1993); for article, "Designated Brokerage: Colorado Real Estate Agency Law Evolves Again", see 32 Colo. Law. 11 (March 2003). Colorado Revised Statutes 2019 Page 29 of 890 Uncertified Printout 12-10-401. Legislative declaration. (1) The general assembly finds, determines, and declares that the public will best be served through a better understanding of the public's legal and working relationships with real estate brokers and by being able to engage any such real estate broker on terms and under conditions that the public and the real estate broker find acceptable. This includes engaging a broker as a single agent or transaction-broker. Individual members of the public should not be exposed to liability for acts or omissions of real estate brokers that have not been approved, directed, or ratified by the individuals. Further, the public should be advised of the general duties, obligations, and responsibilities of the real estate broker they engage. (2) This part 4 is enacted to govern the relationships between real estate brokers and sellers, landlords, buyers, and tenants in real estate transactions. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 643, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-801 as it existed prior to 2019. 12-10-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Broker" shall have the same meaning as set forth in section 12-10-201 (6), except as otherwise specified in this part 4. (2) "Customer" means a party to a real estate transaction with whom the broker has no brokerage relationship because the party has not engaged or employed a broker. (3) (a) "Designated broker" means an employing broker or employed broker who is designated in writing by an employing broker to serve as a single agent or transaction-broker for a seller, landlord, buyer, or tenant in a real estate transaction. (b) "Designated broker" does not include a real estate brokerage firm that consists of only one licensed natural person. (4) "Dual agent" means a broker who, with the written informed consent of all parties to a contemplated real estate transaction, is engaged as a limited agent for both the seller and buyer or both the landlord and tenant. (5) "Limited agent" means an agent whose duties and obligations to a principal are only those set forth in section 12-10-404 or 12-10-405, with any additional duties and obligations agreed to pursuant to section 12-10-403 (5). (6) "Single agent" means a broker who is engaged by and represents only one party in a real estate transaction. A single agent includes the following: (a) "Buyer's agent", which means a broker who is engaged by and represents the buyer in a real estate transaction; (b) "Landlord's agent", which means a broker who is engaged by and represents the landlord in a leasing transaction; (c) "Seller's agent", which means a broker who is engaged by and represents the seller in a real estate transaction; and (d) "Tenant's agent", which means a broker who is engaged by and represents the tenant in a leasing transaction. Colorado Revised Statutes 2019 Page 30 of 890 Uncertified Printout (7) "Subagent" means a broker engaged to act for another broker in performing brokerage tasks for a principal. The subagent owes the same obligations and responsibilities to the principal as does the principal's broker. (8) "Transaction-broker" means a broker who assists one or more parties throughout a contemplated real estate transaction with communication, interposition, advisement, negotiation, contract terms, and the closing of the real estate transaction without being an agent or advocate for the interests of any party to the transaction. Upon agreement in writing pursuant to section 12-10-403 (2) or a written disclosure pursuant to section 12-10-408 (2)(c), a transaction-broker may become a single agent. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 643, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-802 as it existed prior to 2019. 12-10-403. Relationships between brokers and the public - definition - rules. (1) When engaged in any of the activities enumerated in section 12-10-201 (6), a broker may act in any transaction as a single agent or transaction-broker. The broker's general duties and obligations arising from that relationship shall be disclosed to the seller and the buyer or to the landlord and the tenant pursuant to section 12-10-408. (2) A broker shall be considered a transaction-broker unless a single agency relationship is established through a written agreement between the broker and the party or parties to be represented by the broker. (3) A broker may work with a single party in separate transactions pursuant to different relationships including, but not limited to, selling one property as a seller's agent and working with that seller in buying another property as a transaction-broker or buyer's agent, but only if the broker complies with this part 4 in establishing the relationships for each transaction. (4) (a) A broker licensed pursuant to part 2 of this article 10, whether acting as a single agent or transaction-broker, may complete standard forms for use in a real estate transaction, including standard forms intended to convey personal property as part of the real estate transaction, when a broker is performing the activities enumerated or referred to in section 1210-201 (6) in the transaction. (b) As used in this subsection (4), "standard form" means: (I) A form promulgated by the real estate commission for current use by brokers, also referred to in this section as a "commission-approved form"; (II) A form drafted by a licensed Colorado attorney representing the broker, employing broker, or brokerage firm, so long as the name of the attorney or law firm and the name of the broker, employing broker, or brokerage firm for whom the form is prepared are included on the form itself; (III) A form provided by a party to the transaction if the broker is acting in the transaction as either a transaction-broker or as a single agent for the party providing the form to the broker, so long as the broker retains written confirmation that the form was provided by a party to the transaction; (IV) A form prescribed by a governmental agency, a quasi-governmental agency, or a lender regulated by state or federal law, if use of the form is mandated by the agency or lender; Colorado Revised Statutes 2019 Page 31 of 890 Uncertified Printout (V) A form issued with the written approval of the Colorado Bar Association or its successor organization and specifically designated for use by brokers in Colorado, so long as the form is used within any guidelines or conditions specified by the Colorado Bar Association or successor organization in connection with the use of the form; (VI) A form used for disclosure purposes only, if the disclosure does not purport to waive or create any legal rights or obligations affecting any party to the transaction and if the form provides only information concerning either: (A) The real estate involved in the transaction specifically; or (B) The geographic area in which the real estate is located generally; (VII) A form prescribed by a title company that is providing closing services in a transaction for which the broker is acting either as a transaction-broker or as a single agent for a party to the transaction; or (VIII) A letter of intent created or prepared by a broker, employing broker, or brokerage firm, so long as the letter of intent states on its face that it is nonbinding and creates no legal rights or obligations. (c) A broker shall use a commission-approved form when such a form exists and is appropriate for the transaction. A broker's use of any standard form described in subsection (4)(b)(III) or (4)(b)(IV) of this section must be limited to inserting transaction-specific information within the form. In using standard forms described in subsection (4)(b)(II), (4)(b)(V), (4)(b)(VI), (4)(b)(VII), or (4)(b)(VIII) of this section, the broker may also advise the parties as to effects thereof, and the broker's use of those standard forms must be appropriate for the transaction and the circumstances in which they are used. In any transaction described in this subsection (4), the broker shall advise the parties that the forms have important legal consequences and that the parties should consult legal counsel before signing the forms. (5) Nothing contained in this section shall prohibit the public from entering into written contracts with any broker that contain duties, obligations, or responsibilities that are in addition to those specified in this part 4. (6) (a) If a real estate brokerage firm has more than one licensed natural person, the employing broker or an individual broker employed or engaged by that employing broker shall be designated to work with the seller, landlord, buyer, or tenant as a designated broker. The employing broker may designate more than one of its individual brokers to work with a seller, landlord, buyer, or tenant. (b) The brokerage relationship established between the seller, landlord, buyer, or tenant and a designated broker, including the duties, obligations, and responsibilities of that relationship, shall not extend to the employing broker nor to any other broker employed or engaged by that employing broker who has not been so designated and shall not extend to the firm, partnership, limited liability company, association, corporation, or other entity that employs the broker. (c) A real estate broker may have designated brokers working as single agents for a seller or landlord and a buyer or tenant in the same real estate transaction without creating dual agency for the employing real estate broker, or any broker employed or engaged by that employing real estate broker. (d) An individual broker may be designated to work for both a seller or landlord and a buyer or tenant in the same transaction as a transaction-broker for both, as a single agent for the seller or landlord treating the buyer or tenant as a customer, or as a single agent for a buyer or Colorado Revised Statutes 2019 Page 32 of 890 Uncertified Printout tenant treating the seller or landlord as a customer, but not as a single agent for both. The applicable designated broker relationship shall be disclosed in writing to the seller or landlord and buyer or tenant in a timely manner pursuant to rules promulgated by the real estate commission. (e) A designated broker may work with a seller or landlord in one transaction and work with a buyer or tenant in another transaction. (f) When a designated broker serves as a single agent pursuant to section 12-10-404 or 12-10-405, there shall be no imputation of knowledge to the employing or employed broker who has not been so designated. (g) The extent and limitations of the brokerage relationship with the designated broker shall be disclosed to the seller, landlord, buyer, or tenant working with that designated broker pursuant to section 12-10-408. (7) No seller, buyer, landlord, or tenant shall be vicariously liable for a broker's acts or omissions that have not been approved, directed, or ratified by the seller, buyer, landlord, or tenant. (8) Nothing in this section shall be construed to limit the employing broker's or firm's responsibility to supervise licensees employed by the broker or firm nor to shield the broker or firm from vicarious liability. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 644, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-803 as it existed prior to 2019. 12-10-404. Single agent engaged by seller or landlord. (1) A broker engaged by a seller or landlord to act as a seller's agent or a landlord's agent is a limited agent with the following duties and obligations: (a) To perform the terms of the written agreement made with the seller or landlord; (b) To exercise reasonable skill and care for the seller or landlord; (c) To promote the interests of the seller or landlord with the utmost good faith, loyalty, and fidelity, including, but not limited to: (I) Seeking a price and terms that are acceptable to the seller or landlord; except that the broker shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease; (II) Presenting all offers to and from the seller or landlord in a timely manner regardless of whether the property is subject to a contract for sale or a lease or letter of intent to lease; (III) Disclosing to the seller or landlord adverse material facts actually known by the broker; (IV) Counseling the seller or landlord as to any material benefits or risks of a transaction that are actually known by the broker; (V) Advising the seller or landlord to obtain expert advice as to material matters about which the broker knows but the specifics of which are beyond the expertise of the broker; (VI) Accounting in a timely manner for all money and property received; and Colorado Revised Statutes 2019 Page 33 of 890 Uncertified Printout (VII) Informing the seller or landlord that the seller or landlord shall not be vicariously liable for the acts of the seller's or landlord's agent that are not approved, directed, or ratified by the seller or landlord; (d) To comply with all requirements of this article 10 and any rules promulgated pursuant to this article 10; and (e) To comply with any applicable federal, state, or local laws, rules, regulations, or ordinances including fair housing and civil rights statutes or regulations. (2) The following information shall not be disclosed by a broker acting as a seller's or landlord's agent without the informed consent of the seller or landlord: (a) That a seller or landlord is willing to accept less than the asking price or lease rate for the property; (b) What the motivating factors are for the party selling or leasing the property; (c) That the seller or landlord will agree to financing terms other than those offered; (d) Any material information about the seller or landlord unless disclosure is required by law or failure to disclose the information would constitute fraud or dishonest dealing; or (e) Any facts or suspicions regarding circumstances that may psychologically impact or stigmatize any real property pursuant to section 38-35.5-101. (3) (a) A broker acting as a seller's or landlord's agent owes no duty or obligation to the buyer or tenant; except that a broker shall, subject to the limitations of section 38-35.5-101, concerning psychologically impacted property, disclose to any prospective buyer or tenant all adverse material facts actually known by the broker. The adverse material facts may include but shall not be limited to adverse material facts pertaining to the title and the physical condition of the property, any material defects in the property, and any environmental hazards affecting the property that are required by law to be disclosed. (b) A seller's or landlord's agent owes no duty to conduct an independent inspection of the property for the benefit of the buyer or tenant and owes no duty to independently verify the accuracy or completeness of any statement made by the seller or landlord or any independent inspector. (4) A seller's or landlord's agent may show alternative properties not owned by the seller or landlord to prospective buyers or tenants and may list competing properties for sale or lease and not be deemed to have breached any duty or obligation to the seller or landlord. (5) A designated broker acting as a seller's or landlord's agent may cooperate with other brokers but may not engage or create any subagents. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 647, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-804 as it existed prior to 2019. 12-10-405. Single agent engaged by buyer or tenant. (1) A broker engaged by a buyer or tenant to act as a buyer's or tenant's agent shall be a limited agent with the following duties and obligations: (a) To perform the terms of the written agreement made with the buyer or tenant; (b) To exercise reasonable skill and care for the buyer or tenant; Colorado Revised Statutes 2019 Page 34 of 890 Uncertified Printout (c) To promote the interests of the buyer or tenant with the utmost good faith, loyalty, and fidelity, including, but not limited to: (I) Seeking a price and terms that are acceptable to the buyer or tenant; except that the broker shall not be obligated to seek other properties while the buyer is a party to a contract to purchase property or while the tenant is a party to a lease or letter of intent to lease; (II) Presenting all offers to and from the buyer or tenant in a timely manner regardless of whether the buyer is already a party to a contract to purchase property or the tenant is already a party to a contract or a letter of intent to lease; (III) Disclosing to the buyer or tenant adverse material facts actually known by the broker; (IV) Counseling the buyer or tenant as to any material benefits or risks of a transaction that are actually known by the broker; (V) Advising the buyer or tenant to obtain expert advice as to material matters about which the broker knows but the specifics of which are beyond the expertise of the broker; (VI) Accounting in a timely manner for all money and property received; and (VII) Informing the buyer or tenant that the buyer or tenant shall not be vicariously liable for the acts of the buyer's or tenant's agent that are not approved, directed, or ratified by the buyer or tenant; (d) To comply with all requirements of this article 10 and any rules promulgated pursuant to this article 10; and (e) To comply with any applicable federal, state, or local laws, rules, regulations, or ordinances including fair housing and civil rights statutes or regulations. (2) The following information shall not be disclosed by a broker acting as a buyer's or tenant's agent without the informed consent of the buyer or tenant: (a) That a buyer or tenant is willing to pay more than the purchase price or lease rate for the property; (b) What the motivating factors are for the party buying or leasing the property; (c) That the buyer or tenant will agree to financing terms other than those offered; (d) Any material information about the buyer or tenant unless disclosure is required by law or failure to disclose the information would constitute fraud or dishonest dealing; or (e) Any facts or suspicions regarding circumstances that would psychologically impact or stigmatize any real property pursuant to section 38-35.5-101. (3) (a) A broker acting as a buyer's or tenant's agent owes no duty or obligation to the seller or landlord; except that the broker shall disclose to any prospective seller or landlord all adverse material facts actually known by the broker including but not limited to adverse material facts concerning the buyer's or tenant's financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property to be purchased as a principal residence. (b) A buyer's or tenant's agent owes no duty to conduct an independent investigation of the buyer's or tenant's financial condition for the benefit of the seller or landlord and owes no duty to independently verify the accuracy or completeness of statements made by the buyer or tenant or any independent inspector. (4) A buyer's or tenant's agent may show properties in which the buyer or tenant is interested to other prospective buyers or tenants without breaching any duty or obligation to the buyer or tenant. Nothing in this section shall be construed to prohibit a buyer's or tenant's agent Colorado Revised Statutes 2019 Page 35 of 890 Uncertified Printout from showing competing buyers or tenants the same property and from assisting competing buyers or tenants in attempting to purchase or lease a particular property. (5) A broker acting as a buyer's or tenant's agent owes no duty to conduct an independent inspection of the property for the benefit of the buyer or tenant and owes no duty to independently verify the accuracy or completeness of statements made by the seller, landlord, or independent inspectors; except that nothing in this subsection (5) shall be construed to limit the broker's duties and obligations imposed pursuant to subsection (1) of this section. (6) A broker acting as a buyer's or tenant's agent may cooperate with other brokers but may not engage or create any subagents. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 648, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-805 as it existed prior to 2019. 12-10-406. Dual agent. A broker shall not establish dual agency with any seller, landlord, buyer, or tenant. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 650, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-806 as it existed prior to 2019. 12-10-407. Transaction-broker. (1) A broker engaged as a transaction-broker is not an agent for either party. (2) A transaction-broker shall have the following obligations and responsibilities: (a) To perform the terms of any written or oral agreement made with any party to the transaction; (b) To exercise reasonable skill and care as a transaction-broker, including, but not limited to: (I) Presenting all offers and counteroffers in a timely manner regardless of whether the property is subject to a contract for sale or lease or letter of intent; (II) Advising the parties regarding the transaction and suggesting that the parties obtain expert advice as to material matters about which the transaction-broker knows but the specifics of which are beyond the expertise of the broker; (III) Accounting in a timely manner for all money and property received; (IV) Keeping the parties fully informed regarding the transaction; (V) Assisting the parties in complying with the terms and conditions of any contract including closing the transaction; (VI) Disclosing to all prospective buyers or tenants any adverse material facts actually known by the broker including but not limited to adverse material facts pertaining to the title, the physical condition of the property, any defects in the property, and any environmental hazards affecting the property required by law to be disclosed; (VII) Disclosing to any prospective seller or landlord all adverse material facts actually known by the broker including but not limited to adverse material facts pertaining to the buyer's Colorado Revised Statutes 2019 Page 36 of 890 Uncertified Printout or tenant's financial ability to perform the terms of the transaction and the buyer's intent to occupy the property as a principal residence; and (VIII) Informing the parties that as seller and buyer or as landlord and tenant they shall not be vicariously liable for any acts of the transaction-broker; (c) To comply with all requirements of this article 10 and any rules promulgated pursuant to this article 10; and (d) To comply with any applicable federal, state, or local laws, rules, regulations, or ordinances including fair housing and civil rights statutes or regulations. (3) The following information shall not be disclosed by a transaction-broker without the informed consent of all parties: (a) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property; (b) That a seller or landlord is willing to accept less than the asking price or lease rate for the property; (c) What the motivating factors are for any party buying, selling, or leasing the property; (d) That a seller, buyer, landlord, or tenant will agree to financing terms other than those offered; (e) Any facts or suspicions regarding circumstances that may psychologically impact or stigmatize any real property pursuant to section 38-35.5-101; or (f) Any material information about the other party unless disclosure is required by law or failure to disclose the information would constitute fraud or dishonest dealing. (4) A transaction-broker has no duty to conduct an independent inspection of the property for the benefit of the buyer or tenant and has no duty to independently verify the accuracy or completeness of statements made by the seller, landlord, or independent inspectors. (5) A transaction-broker has no duty to conduct an independent investigation of the buyer's or tenant's financial condition or to verify the accuracy or completeness of any statement made by the buyer or tenant. (6) A transaction-broker may do the following without breaching any obligation or responsibility: (a) Show alternative properties not owned by the seller or landlord to a prospective buyer or tenant; (b) List competing properties for sale or lease; (c) Show properties in which the buyer or tenant is interested to other prospective buyers or tenants; and (d) Serve as a single agent or transaction-broker for the same or for different parties in other real estate transactions. (7) There shall be no imputation of knowledge or information between any party and the transaction-broker or among persons within an entity engaged as a transaction-broker. (8) A transaction-broker may cooperate with other brokers but shall not engage or create any subagents. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 650, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-807 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 37 of 890 Uncertified Printout 12-10-408. Broker disclosures. (1) (a) Any person, firm, partnership, limited liability company, association, or corporation acting as a broker shall adopt a written office policy that identifies and describes the relationships offered to the public by the broker. (b) A broker shall not be required to offer or engage in any one or in all of the brokerage relationships enumerated in section 12-10-404, 12-10-405, or 12-10-407. (c) Written disclosures and written agreements required by subsection (2) of this section shall contain a statement to the seller, landlord, buyer, or tenant that different brokerage relationships are available that include buyer agency, seller agency, or status as a transactionbroker. Should the seller, landlord, buyer, or tenant request information or ask questions concerning a brokerage relationship not offered by the broker pursuant to the broker's written office policy enumerated in subsection (1)(a) of this section, the broker shall provide to the party a written definition of that brokerage relationship that has been promulgated by the real estate commission. (d) Disclosures made in accordance with this part 4 shall be sufficient to disclose brokerage relationships to the public. (2) (a) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a transaction-broker shall disclose in writing to the party to be assisted that the broker is not acting as agent for the party and that the broker is acting as a transaction-broker. (II) As part of each relationship entered into by a broker pursuant to subsection (2)(a)(I) of this section, written disclosure shall be made that shall contain a signature block for the buyer, seller, landlord, or tenant to acknowledge receipt of the disclosure. The disclosure and acknowledgment, by itself, shall not constitute a contract with the broker. If the buyer, seller, landlord, or tenant chooses not to sign the acknowledgment, the broker shall note that fact on a copy of the disclosure and shall retain the copy. (III) If the transaction-broker undertakes any obligations or responsibilities in addition to or different from those set forth in section 12-10-407, the obligations or responsibilities shall be disclosed in a writing that shall be signed by the involved parties. (b) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a broker intending to establish a single agency relationship with a seller, landlord, buyer, or tenant shall enter into a written agency agreement with the party to be represented. The agreement shall disclose the duties and responsibilities specified in section 12-10-404 or 12-10-405, as applicable. Notice of the single agency relationship shall be furnished to any prospective party to the proposed transaction in a timely manner. (c) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a broker intending to work with a buyer or tenant as an agent of the seller or landlord shall provide a written disclosure to the buyer or tenant that shall contain the following: (A) A statement that the broker is an agent for the seller or landlord and is not an agent for the buyer or tenant; (B) A list of the tasks that the agent intends to perform for the seller or landlord with the buyer or tenant; and (C) A statement that the buyer or tenant shall not be vicariously liable for the acts of the agent unless the buyer or tenant approves, directs, or ratifies the acts. (II) The written disclosure required pursuant to subsection (2)(c)(I) of this section shall contain a signature block for the buyer or tenant to acknowledge receipt of the disclosure. The disclosure and acknowledgment, by itself, shall not constitute a contract with the broker. If the Colorado Revised Statutes 2019 Page 38 of 890 Uncertified Printout buyer or tenant does not sign the disclosure, the broker shall note that fact on a copy of the disclosure and retain the copy. (d) A broker who has already established a relationship with one party to a proposed transaction shall advise at the earliest reasonable opportunity any other potential parties or their agents of the established relationship. (e) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), the seller, buyer, landlord, or tenant shall be advised in any written agreement with a broker that the brokerage relationship exists only with the designated broker, does not extend to the employing broker or to any other brokers employed or engaged by the employing broker who are not so designated, and does not extend to the brokerage company. (II) Nothing in this subsection (2)(e) shall be construed to limit the employing broker's or firm's responsibility to supervise licensees employed by the broker or firm nor to shield the broker or firm from vicarious liability. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 652, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-808 as it existed prior to 2019. 12-10-409. Duration of relationship. (1) (a) The relationships set forth in this part 4 shall commence at the time that the broker is engaged by a party and shall continue until performance or completion of the agreement by which the broker was engaged. (b) If the agreement by which the broker was engaged is not performed or completed for any reason, the relationship shall end at the earlier of the following: (I) Any date of expiration agreed upon by the parties; (II) Any termination or relinquishment of the relationship by the parties; or (III) One year after the date of the engagement. (2) (a) Except as otherwise agreed to in writing and pursuant to subsection (2)(b) of this section, a broker engaged as a seller's agent or buyer's agent owes no further duty or obligation after termination or expiration of the contract or completion of performance. (b) Notwithstanding subsection (2)(a) of this section, a broker shall be responsible after termination or expiration of the contract or completion of performance for the following: (I) Accounting for all money and property related to and received during the engagement; and (II) Keeping confidential all information received during the course of the engagement that was made confidential by request or instructions from the engaging party unless: (A) The engaging party grants written consent to disclose the information; (B) Disclosure of the information is required by law; or (C) The information is made public or becomes public by the words or conduct of the engaging party or from a source other than the broker. (3) Except as otherwise agreed to in writing, a transaction-broker owes no further obligation or responsibility to the engaging party after termination or expiration of the contract for performance or completion of performance; except that the broker shall account for all money and property related to and received during the engagement. Colorado Revised Statutes 2019 Page 39 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 654, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-809 as it existed prior to 2019. 12-10-410. Compensation. (1) In any real estate transaction, the broker's compensation may be paid by the seller, the buyer, the landlord, the tenant, a third party, or by the sharing or splitting of a commission or compensation between brokers. (2) Payment of compensation shall not be construed to establish an agency relationship between the broker and the party who paid the compensation. (3) A seller or landlord may agree that a transaction-broker or single agent may share the commission or other compensation paid by the seller or landlord with another broker. (4) A buyer or tenant may agree that a single agent or transaction-broker may share the commission or other compensation paid by the buyer or tenant with another broker. (5) A buyer's or tenant's agent shall obtain the written approval of the buyer or tenant before the agent may propose to the seller's or landlord's agent that the buyer's or tenant's agent be compensated by sharing compensation paid by the seller or landlord. (6) Prior to entering into a brokerage or listing agreement or a contract to buy, sell, or lease, the identity of those parties, persons, or entities paying compensation or commissions to any broker shall be disclosed to the parties to the transaction. (7) A broker may be compensated by more than one party for services in a transaction if those parties have consented in writing to such multiple payments prior to entering into a contract to buy, sell, or lease. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 655, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-810 as it existed prior to 2019. 12-10-411. Violations. The violation of any provision of this part 4 by a broker constitutes an act pursuant to section 12-10-217 (1)(m) for which the real estate commission may investigate and take administrative action against any such broker pursuant to sections 12-10217 and 12-10-219. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 655, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-811 as it existed prior to 2019. PART 5 SUBDIVISIONS Cross references: For regulation of subdivisions by planning commissions, see part 1 of article 28 of title 30 and part 2 of article 23 of title 31. Colorado Revised Statutes 2019 Page 40 of 890 Uncertified Printout 12-10-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Commission" means the real estate commission established under section 12-10206. (2) "Developer" means any person, as defined in section 2-4-401 (8), that participates as owner, promoter, or sales agent in the promotion, sale, or lease of a subdivision or any part thereof. (3) (a) "Subdivision" means any real property divided into twenty or more interests intended solely for residential use and offered for sale, lease, or transfer. (b) (I) The term "subdivision" also includes: (A) The conversion of an existing structure into a common interest community, as defined in article 33.3 of title 38, of twenty or more residential units; (B) A group of twenty or more time shares intended for residential use; and (C) A group of twenty or more proprietary leases in a cooperative housing corporation, as described in article 33.5 of title 38. (II) The term "subdivision" does not include: (A) The selling of memberships in campgrounds; (B) Bulk sales and transfers between developers; (C) Property upon which there has been or upon which there will be erected residential buildings that have not been previously occupied and where the consideration paid for the property includes the cost of the buildings; (D) Lots that, at the time of closing of a sale or occupancy under a lease, are situated on a street or road and street or road system improved to standards at least equal to streets and roads maintained by the county, city, or town in which the lots are located; have a feasible plan to provide potable water and sewage disposal; and have telephone and electricity facilities and systems adequate to serve the lots, which facilities and systems are installed and in place on the lots or in a street, road, or easement adjacent to the lots and which facilities and systems comply with applicable state, county, municipal, or other local laws, rules, and regulations; or any subdivision that has been or is required to be approved after September 1, 1972, by a regional, county, or municipal planning authority pursuant to article 28 of title 30 or article 23 of title 31; (E) Sales by public officials in the official conduct of their duties. (4) "Time share" means a time share estate, as defined in section 38-33-110 (5), or a time share use, but the term does not include group reservations made for convention purposes as a single transaction with a hotel, motel, or condominium owner or association. For the purposes of this subsection (4), "time share use" means a contractual or membership right of occupancy, that cannot be terminated at the will of the owner, for life or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or specific or nonspecific segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the property has been divided. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 655, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-401 as it existed prior to 2019. Cross references: For additional definitions relating to this part 5, see § 38-30-150. Colorado Revised Statutes 2019 Page 41 of 890 Uncertified Printout 12-10-502. Registration required. (1) Unless exempt under the provisions of section 12-10-501 (3), a developer, before selling, leasing, or transferring or agreeing or negotiating to sell, lease, or transfer, directly or indirectly, any subdivision or any part thereof, shall register pursuant to this part 5. (2) Upon approval by the commission, a developer who has applied for registration pursuant to section 12-10-503 may offer reservations in a subdivision during the pendency of the application and until the application is granted or denied if the fees for the reservations are held in trust by an independent third party and are fully refundable. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 657, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-402 as it existed prior to 2019. 12-10-503. Application for registration. (1) Every person who is required to register as a developer under this part 5 shall submit to the commission an application that contains the information described in subsections (2) and (3) of this section. If the information is not submitted, the commission may deny the Application for registration. If a developer is currently regulated in another state that has registration requirements substantially equivalent to the requirements of this part 5 or that provide substantially comparable protection to a purchaser, the commission may accept proof of the registration along with the developer's disclosure or equivalent statement from the other state in full or partial satisfaction of the information required by this section. In addition, the applicant shall be under a continuing obligation to notify the commission within ten days of any change in the information so submitted, and a failure to do so shall be a cause for disciplinary action. (2) (a) Registration information concerning the developer shall include: (I) The principal office of the applicant wherever situate; (II) The location of the principal office and the branch offices of the applicant in this state; (III) The names and residence and business addresses of all natural persons who have a twenty-four percent or greater financial or ultimate beneficial interest in the business of the developer, either directly or indirectly, as principal, manager, member, partner, officer, director, or stockholder, specifying each such person's capacity, title, and percentage of ownership. If no natural person has a twenty-four percent or greater financial or beneficial interest in the business of the developer, the information required in this subsection (2)(a)(III) shall be submitted regarding the natural person having the largest single financial or beneficial interest. (IV) The length of time and the locations where the applicant has been engaged in the business of real estate sales or development; (V) Any felony of which the applicant has been convicted within the preceding ten years. In determining whether a certificate of registration shall be issued to an applicant who has been convicted of a felony within such period of time, the commission shall be governed by the provisions of section 24-5-101. (VI) The states in which the applicant has had a license or registration similar to the developer's registration in this state granted, refused, suspended, or revoked or is currently the subject of an investigation or charges that could result in refusal, suspension, or revocation; Colorado Revised Statutes 2019 Page 42 of 890 Uncertified Printout (VII) Whether the developer or any other person financially interested in the business of the developer as principal, partner, officer, director, or stockholder has engaged in any activity that would constitute a violation of this part 5. (b) If the applicant is a corporate developer, a copy of the certificate of authority to do business in this state or a certificate of incorporation issued by the secretary of state shall accompany the application. (3) Registration information concerning the subdivision shall include: (a) The location of each subdivision from which sales are intended to be made; (b) The name of each subdivision and the trade, corporate, or partnership name used by the developer; (c) Evidence or certification that each subdivision offered for sale or lease is registered or will be registered in accordance with state or local requirements of the state in which each subdivision is located; (d) Copies of documents evidencing the title or other interest in the subdivision; (e) If there is a blanket encumbrance upon the title of the subdivision or any other ownership, leasehold, or contractual interest that could defeat all possessory or ownership rights of a purchaser, a copy of the instruments creating the liens, encumbrances, or interests, with dates as to the recording, along with documentary evidence that any beneficiary, mortgagee, or trustee of a deed of trust or any other holder of the ownership, leasehold, or contractual interest will release any lot or time share from the blanket encumbrance or has subordinated its interest in the subdivision to the interest of any purchaser or has established any other arrangement acceptable to the commission that protects the rights of the purchaser; (f) A statement that standard commission-approved forms will be used for contracts of sale, notes, deeds, and other legal documents used to effectuate the sale or lease of the subdivision or any part thereof, unless the forms to be used were prepared by an attorney representing the developer; (g) A true statement by the developer that, in any conveyance by means of an installment contract, the purchaser shall be advised to record the contract with the proper authorities in the jurisdiction in which the subdivision is located. In no event shall any developer specifically prohibit the recording of the installment contract. (h) A true statement by the developer of the provisions for and availability of legal access, sewage disposal, and public utilities, including water, electricity, gas, and telephone facilities, in the subdivision offered for sale or lease, including whether such are to be a developer or purchaser expense; (i) A true statement as to whether or not a survey of each lot, site, or tract offered for sale or lease from the subdivision has been made and whether survey monuments are in place; (j) A true statement by the developer as to whether or not a common interest community is to be or has been created within the subdivision and whether or not the common interest community is or will be a small cooperative or small and limited expense planned community created pursuant to section 38-33.3-116; (k) A true statement by the developer concerning the existence of any common interest community association, including whether the developer controls funds in the association. (4) The commission may disapprove the form of the documents submitted pursuant to subsection (3)(f) of this section and may deny an application for registration until such time as the applicant submits the documents in a form that is satisfactory to the commission. Colorado Revised Statutes 2019 Page 43 of 890 Uncertified Printout (5) Each registration shall be accompanied by fees established pursuant to section 12-10215. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 657, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-403 as it existed prior to 2019. 12-10-504. Registration of developers. (1) The commission shall register all applicants who meet the requirements of this part 5 and provide each applicant so registered with a certificate indicating that the developer named therein is registered in the state of Colorado as a subdivision developer. The developer that will sign as seller or lessor in any contract of sale, lease, or deed purporting to convey any site, tract, lot, or divided or undivided interest from a subdivision shall secure a certificate before offering, negotiating, or agreeing to sell, lease, or transfer before the sale, lease, or transfer is made. If such person or entity is acting only as a trustee, the beneficial owner of the subdivision shall secure a certificate. A certificate issued to a developer shall entitle all sales agents and employees of the developer to act in the capacity of a developer as agent for the developer. The developer shall be responsible for all actions of the sales agents and employees. (2) All certificates issued under this section shall expire on December 31 following the date of issuance. In the absence of any reason or condition under this part 5 that might warrant the denial or revocation of a registration, a certificate shall be renewed by payment of a renewal fee established pursuant to section 12-10-215. A registration that has expired may be reinstated within two years after the expiration upon payment of the appropriate renewal fee if the applicant meets all other requirements of this part 5. (3) All fees collected under this part 5 shall be deposited in accordance with section 1210-214. (4) With regard to any subdivision for which the information required by section 12-10503 (3) has not been previously submitted to the commission, each registered developer shall register the subdivision by providing the commission with the information before sale, lease, or transfer, or negotiating or agreeing to sell, lease, or transfer, any such subdivision or any part thereof. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 659, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-404 as it existed prior to 2019. 12-10-505. Refusal, revocation, or suspension of registration - letter of admonition probation. (1) The commission may impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; may issue a letter of admonition; may place a registrant on probation under its close supervision on such terms and for such time as it deems appropriate; and may refuse, revoke, or suspend the registration of any developer or registrant if, after an investigation and after notice and a hearing pursuant to the provisions of section 24-4Colorado Revised Statutes 2019 Page 44 of 890 Uncertified Printout 104, the commission determines that the developer or any director, officer, or stockholder with controlling interest in the corporation: (a) Has used false or misleading advertising or has made a false or misleading statement or a concealment in his or her application for registration; (b) Has misrepresented or concealed any material fact from a purchaser of any interest in a subdivision; (c) Has employed any device, scheme, or artifice with intent to defraud a purchaser of any interest in a subdivision; (d) Has been convicted of or pled guilty or nolo contendere to a crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing in any court; (e) Has disposed of, concealed, diverted, converted, or otherwise failed to account for any funds or assets of any purchaser of any interest in a subdivision or any homeowners' association under the control of the developer or director, officer, or stockholder; (f) Has failed to comply with any stipulation or agreement made with the commission; (g) Has failed to comply with or has violated any provision of this article 10, including any failure to comply with the registration requirements of section 12-10-503, or any lawful rule promulgated by the commission under this article 10; (h) Has refused to honor a buyer's request to cancel a contract for the purchase of a time share or subdivision or part thereof if the request was made within five calendar days after execution of the contract and was made either by telegram, mail, or hand delivery. A request is considered made if by electronic mail when sent, if by mail when postmarked, or if by hand delivery when delivered to the seller's place of business. No developer shall employ a contract that contains any provision waiving a buyer's right to such a cancellation period. (i) Has committed any act that constitutes a violation of the "Colorado Consumer Protection Act", article 1 of title 6; (j) Has employed any sales agent or employee who violates the provisions of this part 5; (k) Has used documents for sales or lease transactions other than those described in section 12-10-503 (3)(f); (l) Has failed to disclose encumbrances to prospective purchasers or has failed to transfer clear title at the time of sale, if the parties agreed that the transfer would be made at that time. (2) A disciplinary action relating to the business of subdivision development taken by any other state or local jurisdiction or the federal government shall be deemed to be prima facie evidence of grounds for disciplinary action, including denial of registration, under this part 5. This subsection (2) shall apply only to such disciplinary actions as are substantially similar to those set out as grounds for disciplinary action or denial of registration under this part 5. (3) Any hearing held under this section shall be in accordance with the procedures established in sections 24-4-105 and 24-4-106. (4) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the commission, does not initially warrant formal action by the commission but that should not be dismissed as being without merit, the commission may send a letter of admonition by certified mail, return receipt requested, to the registrant who is the subject of the complaint or investigation and a copy thereof to any person making the complaint. The letter shall advise the registrant that he or she has the right to request in writing, within twenty days after proven Colorado Revised Statutes 2019 Page 45 of 890 Uncertified Printout receipt, that formal disciplinary proceedings be initiated against him or her to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings. (5) All administrative fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 660, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-405 as it existed prior to 2019. 12-10-506. Powers of commission - injunction - rules. (1) The commission may apply to a court of competent jurisdiction for an order enjoining any act or practice that constitutes a violation of this part 5, and, upon a showing that a person is engaging or intends to engage in any such act or practice, an injunction, restraining order, or other appropriate order shall be granted by the court, regardless of the existence of another remedy therefor. Any notice, hearing, or duration of any injunction or restraining order shall be made in accordance with the provisions of the Colorado rules of civil procedure. (2) The commission may apply to a court of competent jurisdiction for the appointment of a receiver if it determines that the appointment is necessary to protect the property or interests of purchasers of a subdivision or part thereof. (3) The commission shall issue or deny a certificate or additional registration within sixty days from the date of receipt of the application by the commission. The commission may make necessary investigations and inspections to determine whether any developer has violated this part 5 or any lawful rule promulgated by the commission. If, after an application by a developer has been submitted pursuant to section 12-10-503 or information has been submitted pursuant to section 12-10-504, the commission determines that an inspection of a subdivision is necessary, it shall complete the inspection within sixty days from the date of filing of the application or information, or the right of inspection is waived and the lack thereof shall not be grounds for denial of a registration. (4) The commission, the director, or the administrative law judge appointed for a hearing may issue a subpoena compelling the attendance and testimony of witnesses and the production of books, papers, or records pursuant to an investigation or hearing of the commission. Any such subpoena shall be served in the same manner as for subpoenas issued by district courts. (5) The commission has the power to make any rules necessary for the enforcement or administration of this part 5. (6) The commission shall adopt, promulgate, amend, or repeal such rules as are necessary to: (a) Require written disclosures to any purchasers as provided in subsection (7) of this section and to prescribe and require that standardized forms be used by subdivision developers in connection with the sale or lease of a subdivision or any part thereof, except as otherwise provided in section 12-10-503 (3)(f); and (b) Require that developers maintain certain business records for a period of at least seven years. Colorado Revised Statutes 2019 Page 46 of 890 Uncertified Printout (7) The commission may require any developer to make written disclosures to purchasers in their contracts of sale or by separate written documents if the commission finds that the disclosures are necessary for the protection of the purchasers. (8) The commission or its designated representative may audit the accounts of any homeowners' association, the funds of which are controlled by a developer. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 661, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-406 as it existed prior to 2019. Cross references: For the Colorado rules of civil procedure concerning subpoenas and injunctions, see C.R.C.P. 45 and 65. 12-10-507. Violation - penalty. Any person who fails to register as a developer in violation of this part 5 commits a class 6 felony and shall be punished as provided in section 181.3-401. Any agreement or contract for the sale or lease of a subdivision or part thereof shall be voidable by the purchaser and unenforceable by the developer unless the developer was duly registered under the provisions of this part 5 when the agreement or contract was made. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 663, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-407 as it existed prior to 2019. 12-10-508. Repeal of part - subject to review. This part 5 is repealed, effective September 1, 2026. Before the repeal, this part 5 is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 663, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-408 as it existed prior to 2019. PART 6 REAL ESTATE APPRAISERS Law reviews: For article, "Professional Standards for the Appraiser", see 22 Colo. Law. 1263 (1993). 12-10-601. Legislative declaration. The general assembly finds, determines, and declares that sections 12-10-602 to 12-10-623 are enacted pursuant to the requirements of the "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351. Colorado Revised Statutes 2019 Page 47 of 890 Uncertified Printout The general assembly further finds, determines, and declares that sections 12-10-602 to 12-10623 are intended to implement the requirements of federal law in the least burdensome manner to real estate appraisers and appraisal management companies. Licensed ad valorem appraisers licensed under this article 10 are not regulated by the federal "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 663, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-701 as it existed prior to 2019. 12-10-602. Definitions. As used in this part 6, unless the context otherwise requires: (1) (a) "Appraisal", "appraisal report", or "real estate appraisal" means a written or oral analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate that is transmitted to the client upon the completion of an assignment. These terms include a valuation, which is an opinion of the value of real estate, and an analysis, which is a general study of real estate not specifically performed only to determine value; except that the terms include a valuation completed by an appraiser employee of a county assessor as defined in section 39-1-102 (2). (b) The terms do not include an analysis, valuation, opinion, conclusion, notation, or compilation of data by an officer, director, or regularly salaried employee of a financial institution or its affiliate, made for internal use only by the financial institution or affiliate, concerning an interest in real estate that is owned or held as collateral by the financial institution or affiliate and that is not represented or deemed to be an appraisal except to the financial institution, the agencies regulating the financial institution, and any secondary markets that purchase real estate secured loans. An appraisal prepared by an officer, director, or regularly salaried employee of a financial institution who is not licensed or certified under this part 6 shall contain a written notice that the preparer is not licensed or certified as an appraiser under this part 6. (c) "Appraisal", "appraisal report", or "real estate appraisal" does not include a federally authorized "waiver valuation", as defined in 49 CFR 24.2 (a)(33), as amended. (2) (a) "Appraisal management company" or "AMC" means, in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor in a consumer credit transaction secured by a consumer's principal dwelling that oversees an appraiser panel or by an underwriter of, or other principal in, the secondary mortgage markets that oversees an appraiser panel to: (I) Recruit, select, and retain appraisers; (II) Contract with licensed and certified appraisers to perform appraisal assignments; (III) Manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or (IV) Review and verify the work of appraisers. (b) "Appraisal management company" or "AMC" does not include: Colorado Revised Statutes 2019 Page 48 of 890 Uncertified Printout (I) A corporation, limited liability company, sole proprietorship, or other entity that directly performs appraisal services; (II) A corporation, limited liability company, sole proprietorship, or other entity that does not contract with appraisers for appraisal services, but that solely distributes orders to a client-selected panel of appraisers; and (III) A mortgage company, or its subsidiary, that manages a panel of appraisers who are engaged to provide appraisal services on mortgage loans either originated by the mortgage company or funded by the mortgage company with its own funds. (3) "Board" means the board of real estate appraisers created in section 12-10-603. (4) "Client" means the party or parties who engage an appraiser or an appraisal management company for a specific assignment. (5) "Consulting services" means services performed by an appraiser that do not fall within the definition of an "independent appraisal" in subsection (7) of this section. "Consulting services" includes marketing, financing and feasibility studies, valuations, analyses, and opinions and conclusions given in connection with real estate brokerage, mortgage banking, and counseling and advocacy in regard to property tax assessments and appeals thereof; except that, if in rendering the services the appraiser acts as a disinterested third party, the work is deemed an independent appraisal and not a consulting service. Nothing in this subsection (5) precludes a person from acting as an expert witness in valuation appeals. (6) "Financial institution" means any "bank" or "savings association", as those terms are defined in 12 U.S.C. sec. 1813, any state bank incorporated under title 11, any state or federally chartered credit union, or any company that has direct or indirect control over any of those entities. (7) "Independent appraisal" means an engagement for which an appraiser is employed or retained to act as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in or aspects of identified real estate. (8) (a) "Panel" or "appraiser panel" means a network, list, or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC. (b) Appraisers on an AMC's appraiser panel include both: (I) Appraisers accepted by the AMC for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; and (II) Appraisers engaged by the AMC to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. (c) An appraiser is an independent contractor for purposes of this subsection (8) if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation. (9) (a) "Real estate appraiser" or "appraiser" means a person who provides an estimate of the nature, quality, value, or utility of an interest in, or aspect of, identified real estate and includes one who estimates value and who possesses the necessary qualifications, ability, and experience to execute or direct the appraisal of real property. (b) "Real estate appraiser" or "appraiser" does not include: Colorado Revised Statutes 2019 Page 49 of 890 Uncertified Printout (I) A person who conducts appraisals strictly of personal property; (II) A person licensed as a broker pursuant to part 2 of this article 10 who provides an opinion of value that is not represented as an appraisal and is not used for purposes of obtaining financing; (III) A person licensed as a certified public accountant pursuant to article 100 of this title 12, and otherwise regulated, as long as the person does not represent his or her opinions of value for real estate as an appraisal; (IV) A corporation, acting through its officers or regularly salaried employees, when conducting a valuation of real estate property rights owned, to be purchased, or sold by the corporation; (V) A person who conducts appraisals strictly of water rights or of mineral rights; (VI) A right-of-way acquisition agent, an appraiser who is licensed and certified pursuant to this part 6, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation when the agent, appraiser, or other qualified individual is employed by or contracts with a public entity and provides an opinion of value that is not represented as an appraisal and when, for any purpose, the property or portion of property being valued is valued at twenty-five thousand dollars or less, as permitted by federal law and 49 CFR 24.102 (c)(2), as amended; (VII) An officer, director, or regularly salaried employee of a financial institution or its affiliate who makes, for internal use only by the financial institution or affiliate, an analysis, evaluation, opinion, conclusion, notation, or compilation of data with respect to an appraisal so long as the person does not make a written adjustment of the appraisal's conclusion as to the value of the subject real property; (VIII) An officer, director, or regularly salaried employee of a financial institution or its affiliate who makes an internal analysis, valuation, opinion, conclusion, notation, or compilation of data concerning an interest in real estate that is owned or held as collateral by the financial institution or its affiliate; or (IX) A person who represents property owners as an advocate in tax or valuation protests and appeals pursuant to title 39. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 663, § 1, effective October 1; (2)(a)(I) amended, (SB 19-046), ch. 50, p. 164, § 3, effective October 1. Editor's note: (1) This section is similar to former § 12-61-702 as it existed prior to 2019; except that § 12-61-702 (7) and (8) were relocated to § 12-10-101 (1) and (2), respectively. (2) Before its relocation in 2019, this section was amended in SB 19-046. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from March 25, 2019, to October 1, 2019, see SB 19-046, chapter 50, Session Laws of Colorado 2019. (3) Section 4 of chapter 50 (SB 19-046), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. Colorado Revised Statutes 2019 Page 50 of 890 Uncertified Printout Cross references: For the legislative declaration in SB 19-046, see section 1 of chapter 50, Session Laws of Colorado 2019. 12-10-603. Board of real estate appraisers - creation - compensation - immunity legislative declaration - subject to review - repeal of part. (1) (a) There is hereby created in the division of real estate a board of real estate appraisers consisting of seven members appointed by the governor with the consent of the senate. Of the members, three shall be licensed or certified appraisers, one of whom shall have expertise in eminent domain matters; one shall be a county assessor in office; one shall be an officer or employee of a commercial bank experienced in real estate lending; one shall be an officer or employee of an appraisal management company; and one shall be a member of the public at large not engaged in any of the businesses represented by the other members of the board. (b) Members of the board shall hold office for terms of three years. In the event of a vacancy by death, resignation, removal, or otherwise, the governor shall appoint a member to fill the unexpired term. The governor has the authority to remove any member for misconduct, neglect of duty, or incompetence. (2) (a) The board shall exercise its powers and perform its duties and functions under the division of real estate as if transferred to the division by a type 1 transfer, as defined in the "Administrative Organization Act of 1968", article 1 of title 24. (b) The general assembly finds, determines, and declares that the organization of the board under the division as a type 1 agency will provide the autonomy necessary to avoid potential conflicts of interest between the responsibility of the board in the regulation of real estate appraisers and the responsibility of the division in the regulation of real estate brokers and salespersons. The general assembly further finds, determines, and declares that the placement of the board as a type 1 agency under the division is consistent with the organizational structure of state government. (3) Each member of the board shall receive the same compensation and reimbursement of expenses as is provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund provided for in section 12-10-605. (4) Members of the board, consultants, and expert witnesses are immune from liability in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith pursuant to this part 6. (5) A majority of the board constitutes a quorum for the transaction of all business, and actions of the board require a vote of a majority of the members present in favor of the action taken. (6) This part 6 is repealed, effective September 1, 2022. Before the repeal, this part 6 is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 666, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-703 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 51 of 890 Uncertified Printout 12-10-604. Powers and duties of the board - rules. (1) In addition to all other powers and duties imposed upon it by law, the board has the following powers and duties: (a) (I) To promulgate and amend, as necessary, rules pursuant to article 4 of title 24 for the implementation and administration of this part 6 and as required to comply with the federal "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351, and with any requirements imposed by amendments to that federal law. (II) The board shall not establish any requirements that are more stringent than the requirements of any applicable federal law. (III) Licensed ad valorem appraisers are not regulated by the federal "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351, but the board shall adopt rules regarding minimum qualifications and standards of practice for licensed ad valorem appraisers. (IV) In any list or registry it maintains, the board shall identify or separately account for any appraisal management company that oversees a panel of more than fifteen certified or licensed appraisers in Colorado, or more than twenty-five in all states in which it does business, within a given year. (b) To charge application, examination, and license and certificate renewal fees established pursuant to section 12-10-215 from all applicants for licensure, certification, examination, and renewal under this part 6. The board shall not refund any fees received from applicants seeking licensure, certification, examination, or renewal. (c) Through the department and subject to appropriations made to the department, to employ administrative law judges, appointed pursuant to part 10 of article 30 of title 24, on a full-time or part-time basis to conduct any hearings required by this part 6; (d) To issue, deny, or refuse to renew a license or certificate pursuant to this part 6; (e) To take disciplinary actions in conformity with this part 6; (f) To delegate to the director the administration and enforcement of this part 6 and the authority to act on behalf of the board on occasions and in circumstances that the board directs; (g) (I) To develop, purchase, or contract for any examination required for the administration of this part 6, to offer each examination at least twice a year or, if demand warrants, at more frequent intervals, and to establish a passing score for each examination that reflects a minimum level of competency. (II) If study materials are developed by a testing company or other entity, the board shall make the materials available to persons desiring to take examinations pursuant to this part 6. The board may charge fees for the materials to defray any costs associated with making the materials available. (h) In compliance with article 4 of title 24, to make investigations; subpoena persons and documents, which subpoenas may be enforced by a court of competent jurisdiction if not obeyed; hold hearings; and take evidence in all matters relating to the exercise of the board's power under this part 6; (i) Pursuant to section 1119 (b) of Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", Pub.L. 101-73, as amended, to apply, if necessary, for a federal waiver of the requirement relating to certification or licensing of a person to perform Colorado Revised Statutes 2019 Page 52 of 890 Uncertified Printout appraisals and to make the necessary written determinations specified in that section for purposes of making the application; and (j) If the board has reasonable cause to believe that a person, partnership, limited liability company, or corporation is violating this part 6, to enter an order requiring the individual or appraisal management company to cease and desist the violation. (k) Repealed. (2) The board shall maintain or preserve, for seven years, licensing history records of a person licensed or certified under this part 6. Complaints of record in the office of the board and board investigations, including board investigative files, are closed to public inspection. Stipulations and final agency orders are public record and are subject to sections 24-72-203 and 24-72-204. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 667, § 1, effective October 1; (1)(k) repealed, (HB 19-1264), ch. 420, p. 3681, § 11, effective October 1. Editor's note: (1) This section is similar to former § 12-61-704 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1264. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019. (3) Section 17 of chapter 420 (HB 19-1264), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-10-605. Fees, penalties, and fines collected under part 6. All fees, penalties, and fines collected pursuant to this part 6, not including fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203, 12-10-606, or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund, created in section 12-10-215. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 669, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-705 as it existed prior to 2019. 12-10-606. Qualifications for licensing and certification of appraisers - continuing education - definitions - rules. (1) (a) The board shall, by rule, prescribe requirements for the initial licensing or certification of persons under this part 6 to meet the requirements of the "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351, and shall develop, purchase, or contract for examinations to be passed by applicants. The board shall not establish any requirements for initial licensing or certification that are more stringent than the requirements of any applicable federal law; except that all applicants shall pass an examination offered by the board. If there is no applicable federal law, the board shall consider and may use Colorado Revised Statutes 2019 Page 53 of 890 Uncertified Printout as guidelines the most recent available criteria published by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization. (b) The four levels of appraiser licensure and certification, pursuant to subsection (1)(a) of this section, are defined as follows: (I) "Certified general appraiser" means an appraiser meeting the requirements set by the board for general certification. (II) "Certified residential appraiser" means an appraiser meeting the requirements set by the board for residential certification. (III) "Licensed ad valorem appraiser" means an appraiser meeting the requirements set by the board for ad valorem appraiser certification. Only a county assessor, employee of a county assessor's office, or employee of the division of property taxation in the department of local affairs may obtain or possess an ad valorem appraiser certification. (IV) "Licensed appraiser" means an appraiser meeting the requirements set by the board for a license. (c) A county assessor or employee of a county assessor's office who is a licensed ad valorem appraiser may not perform real estate appraisals outside of his or her official duties. (d) The board shall transfer persons employed in a county assessor's office or in the division of property taxation in the department of local affairs who are registered appraisers as of July 1, 2013, to the category of licensed ad valorem appraiser. The board shall allow these persons, until December 31, 2015, to meet any additional requirements imposed by the board pursuant to section 12-10-604 (1)(a). (2) (a) The board shall, by rule, prescribe continuing education requirements for persons licensed or certified as certified general appraisers, certified residential appraisers, or licensed appraisers as needed to meet the requirements of the "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351. The board shall not establish any continuing education requirements that are more stringent than the requirements of any applicable federal law; except that all persons licensed or certified under this part 6 are subject to continuing education requirements. If there is no applicable federal law, the board shall consider and may use as guidelines the most recent available criteria published by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization. (b) The board shall, by rule, prescribe continuing education requirements for licensed ad valorem appraisers. (3) Notwithstanding any provision of this section to the contrary, the criteria established by the board for the licensing or certification of appraisers pursuant to this part 6 shall not include membership or lack of membership in any appraisal organization. (4) (a) Subject to section 12-10-619 (2), all appraiser employees of county assessors shall be licensed or certified as provided in subsections (1) and (2) of this section. Obtaining and maintaining a license or certificate under either subsection (1) or (2) of this section entitles an appraiser employee of a county assessor to perform all real estate appraisals required to fulfill the person's official duties. (b) Appraiser employees of county assessors who are employed to appraise real property are subject to this part 6; except that appraiser employees of county assessors who are employed to appraise real property are not subject to disciplinary actions by the board on the ground that they have performed appraisals beyond their level of competency when appraising real estate in Colorado Revised Statutes 2019 Page 54 of 890 Uncertified Printout fulfillment of their official duties. County assessors, if licensed or certified as provided in subsections (1) and (2) of this section, are not subject to disciplinary actions by the board on the ground that they have performed appraisals beyond their level of competency when appraising real estate in fulfillment of their official duties. (c) The county in which an appraiser employee of a county assessor is employed shall pay all reasonable costs incurred by the appraiser employee of the county assessor to obtain and maintain a license or certificate pursuant to this section. (5) The board shall not issue an appraiser's license as referenced in subsection (1)(b)(IV) of this section unless the applicant has at least twelve months' appraisal experience. (6) (a) The board shall not issue a license or certification until the applicant demonstrates that he or she meets the fitness standards established by board rule and submits a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the criminal history record check, the bureau shall forward the results to the board. The board shall require a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (6) reveal a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based criminal history record check. The board may deny an application for licensure or certification based on the outcome of the criminal history record check and may establish criminal history requirements more stringent than those established by any applicable federal law. At a minimum, the board shall adopt the criminal history requirements established by any applicable federal law. (b) An applicant for certification as a licensed ad valorem appraiser is not subject to the fingerprinting and criminal background check requirements of subsection (6)(a) of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 669, § 1, effective October 1; (6)(a) amended, (HB 19-1166), ch. 125, p. 565, § 69, effective October 1. Editor's note: (1) This section is similar to former § 12-61-706 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019. (3) Section 78 of chapter 125 (HB 19-1166), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-10-607. Appraisal management companies - application for license - exemptions. (1) An applicant shall apply for a license as an appraisal management company, or as a controlling appraiser, to the board in a manner prescribed by the board. Colorado Revised Statutes 2019 Page 55 of 890 Uncertified Printout (2) The board may grant appraisal management company licenses to individuals, partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a controlling appraiser who is actively certified in a state recognized by the appraisal subcommittee of the federal financial institutions examination council or its successor entity. The controlling appraiser is responsible for the licensed practices of the partnership, limited liability company, or corporation and all persons employed by the entity. The application of the partnership, limited liability company, or corporation and the application of the appraiser designated by it as the controlling appraiser shall be filed with the board. The board has jurisdiction over the appraiser so designated and over the partnership, limited liability company, or corporation. (3) The board shall not issue a license to any partnership, limited liability company, or corporation unless and until the appraiser designated by the partnership, limited liability company, or corporation as controlling appraiser and each individual who owns more than ten percent of the entity demonstrates that he or she meets the fitness standards established by board rule and submits a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the criminal history record check, the bureau shall forward the results to the board. The board shall require a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (3) reveal a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based criminal history record check. The board may deny an application for licensure or refuse to renew a license based on the outcome of the criminal history record check. The board may require criminal history requirements more stringent than those established by any applicable federal law. At a minimum, the board shall adopt the criminal history requirements established by any applicable federal law. (4) The board shall not issue a license to any partnership, limited liability company, or corporation if the appraiser designated by the entity as controlling appraiser has previously had, in any state, an appraiser registration, license, or certificate refused, denied, cancelled, surrendered in lieu of revocation, or revoked. A disciplinary action resulting in refusal, denial, cancellation, surrender in lieu of revocation, or revocation relating to a registration, license, or certification as an appraiser registered, licensed, or certified under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for denial of a license by the board. (5) The board shall not issue a license to any partnership, limited liability company, or corporation if it is owned, in whole or in part, directly or indirectly, by any person who has had, in any state, an appraiser license, registration, or certificate refused, denied, cancelled, surrendered in lieu of revocation, or revoked. A disciplinary action resulting in refusal, denial, cancellation, surrender in lieu of revocation, or revocation relating to a license, registration, or certification as an appraiser licensed, registered, or certified under this part 6 or any related Colorado Revised Statutes 2019 Page 56 of 890 Uncertified Printout occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for denial of a license by the board. (6) The board may deny an application for a license for any partnership, limited liability company, or corporation if the partnership, limited liability company, or corporation has previously had a license revoked or surrendered a license in lieu of revocation. A disciplinary action resulting in the surrender in lieu of revocation or the revocation of a license as an appraisal management company under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons may be deemed to be prima facie evidence of grounds for denial of a license by the board. (7) Each appraisal management company must maintain a definite place of business. If the appraisal management company is domiciled in another state, the appraiser designated by the appraisal management company as controlling appraiser is responsible for supervising all licensed activities that occur in Colorado. All licensed actions occurring within the state of Colorado must occur under the name under which the appraisal management company is licensed or its trade name adopted in accordance with Colorado law. (8) An application that is submitted by an appraisal management company that is: (a) A partnership must be properly registered with the Colorado department of revenue or properly filed with the Colorado secretary of state and in good standing, proof of which must be included in the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado department of revenue or filed and accepted by the Colorado secretary of state, proof of which must be included with the application. (b) A limited liability company must be properly registered with the Colorado secretary of state and in good standing, proof of which must be included with the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado secretary of state, proof of which must be included with the application. (c) A corporation must be registered as a foreign corporation or properly incorporated with the Colorado secretary of state and in good standing, proof of which must be included with the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado secretary of state, proof of which must be included with the application. (9) Financial institutions and appraisal management company subsidiaries that are owned and controlled by the financial institution and regulated by a federal financial institution regulatory agency are not required to register with or be licensed by the board. This exemption includes a panel of appraisers who are engaged to provide appraisal services and are administered by a financial institution regulated by a federal financial regulatory agency. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 671, § 1, effective October 1; (3) amended, (HB 19-1166), ch. 125, p. 565, § 70, effective October 1. Editor's note: (1) This section is similar to former § 12-61-707 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 57 of 890 Uncertified Printout (3) Section 78 of chapter 125 (HB 19-1166), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-10-608. Errors and omissions insurance - duties of the division - certificate of coverage - group plan made available - rules. (1) Every licensee under this part 6, except an appraiser who is employed by a state or local governmental entity or an inactive appraiser or appraisal management company, shall maintain errors and omissions insurance to cover all activities contemplated under this part 6. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel any licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division. (2) (a) If the division is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section. (b) The division shall solicit and consider information and comments from interested persons when determining the reasonableness of annual premiums. (3) The division shall determine the terms and conditions of coverage required under this section based on rules promulgated by the board. Each licensee shall be notified of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the division. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the division by the annual premium renewal date, as determined by the division. (4) In addition to all other powers and duties conferred upon the board by this part 6, the board is authorized and directed to adopt rules it deems necessary or proper to carry out the requirements of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 673, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-708 as it existed prior to 2019. 12-10-609. Bond required. (1) Before the board issues a license to an applicant for an appraisal management company license, the applicant shall post with the board a surety bond in the amount of twenty-five thousand dollars. A licensed appraisal management company shall maintain the required bond at all times. (2) The surety bond shall require the surety to provide notice to the board within thirty days if payment is made from the surety bond or if the bond is cancelled. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 674, § 1, effective October 1. Colorado Revised Statutes 2019 Page 58 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-61-709 as it existed prior to 2019. 12-10-610. Expiration of licenses - renewal - penalties - fees - rules. (1) (a) All licenses or certificates expire pursuant to a schedule established by the director and may be renewed or reinstated pursuant to this section. Upon compliance with this section and any applicable rules of the board regarding renewal, including the payment of a renewal fee plus a reinstatement fee established pursuant to subsection (1)(b) of this section, the expired license or certificate shall be reinstated. A real estate appraiser's license or certificate that has not been renewed for a period greater than two years shall not be reinstated, and the person must submit a new application for licensure or certification. (b) A person who fails to renew his or her license or certificate before the applicable renewal date may have it reinstated if the person submits an application as prescribed by the board: (I) Within thirty-one days after the date of expiration, by payment of the regular renewal fee; (II) More than thirty-one days, but within one year, after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to one-third of the regular renewal fee; or (III) More than one year, but within two years, after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to two-thirds of the regular renewal fee. (2) If the federal registry fee collected by the board and transmitted to the federal financial institutions examination council is increased prior to expiration of a license or certificate, the board shall collect the amount of the increase in the fee from the holder of the license or certificate and forward the amount to the council annually. The federal registry fee does not apply to licensed ad valorem appraisers licensed under this article 10. (3) (a) If the applicant has complied with this section and any applicable rules of the board regarding renewal, except for the continuing education requirements pursuant to section 12-10-606, the licensee may renew the license on inactive status. An inactive license may be activated if the licensee submits written certification of compliance with section 12-10-606 for the previous licensing period. The board may adopt rules establishing procedures to facilitate reactivation of licenses. (b) The holder of an inactive license shall not perform a real estate appraisal or appraisal management duties. (c) The holder of an inactive license shall not hold himself or herself out as having an active license pursuant to this part 6. (4) At the time of renewal or reinstatement, every licensee, certificate holder, and person or individual who owns more than ten percent of an appraisal management company shall submit a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation, if the person has not previously done so for issuance of a license or certification by the board. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. The bureau shall forward the results to the board. The board shall require a name-based criminal history record Colorado Revised Statutes 2019 Page 59 of 890 Uncertified Printout check, as defined in section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based criminal history record check. The board may refuse to renew or reinstate a license or certification based on the outcome of the criminal history record check. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 674, § 1, effective October 1; (4) amended, (HB 19-1166), ch. 125, p. 566, § 71, effective October 1. Editor's note: (1) This section is similar to former § 12-61-710 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019. (3) Section 78 of chapter 125 (HB 19-1166), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-10-611. Licensure or certification by endorsement - temporary practice. (1) The board may issue a license or certification to an appraiser by endorsement to engage in the occupation of real estate appraisal to any applicant who has a license or certification in good standing as a real estate appraiser under the laws of another jurisdiction if: (a) The applicant presents proof satisfactory to the board that, at the time of application for a Colorado license or certificate by endorsement, the applicant possesses credentials and qualifications that are substantially equivalent to the requirements of this part 6; or (b) The jurisdiction that issued the applicant a license or certificate to engage in the occupation of real estate appraisal has a law similar to this subsection (1) pursuant to which it licenses or certifies persons who are licensed real estate appraisers in this state. (2) The board may specify, by rule, what constitutes substantially equivalent credentials and qualifications and the manner in which the board will review credentials and qualifications of an applicant. (3) Pursuant to section 1122 (a) of Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", Pub.L. 101-73, as amended, the board shall recognize, on a temporary basis, the license or certification of an appraiser issued by another state if: (a) The appraiser's business is of a temporary nature; and (b) The appraiser applies for and is granted a temporary practice permit by the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 675, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-711 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 60 of 890 Uncertified Printout 12-10-612. Denial of license or certificate - renewal - definition. (1) The board may determine whether an applicant for licensure or certification possesses the necessary qualifications for licensure or certification required by this part 6. The board may consider such qualities as the applicant's fitness and prior professional licensure and whether the applicant has been convicted of a crime. As used in this subsection (1), "applicant" includes any individual who owns, in whole or in part, directly or indirectly, an appraisal management company and any appraiser designated as a controlling appraiser by a partnership, limited liability company, or corporation acting as an appraisal management company. (2) If the board determines that an applicant does not possess the applicable qualifications required by this part 6, or the applicant has violated this part 6, rules promulgated by the board, or any board order, the board may deny the applicant a license or certificate or deny the renewal or reinstatement of a license or certificate pursuant to section 12-10-610, and, in such instance, the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications or professional competence required by this part 6. The applicant may request a hearing on the determination as provided in section 24-4-104 (9). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 676, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-712 as it existed prior to 2019. 12-10-613. Prohibited activities - grounds for disciplinary actions - procedures. (1) A real estate appraiser is in violation of this part 6 if the appraiser: (a) Has been convicted of a felony or has had accepted by a court a plea of guilty or nolo contendere to a felony if the felony is related to the ability to act as a real property appraiser. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the board shall be governed by the provisions of section 24-5-101. (b) Has violated, or attempted to violate, directly or indirectly, or assisted in or abetted the violation of, or conspired to violate this part 6, a rule promulgated pursuant to this part 6, or an order of the board issued pursuant to this part 6; (c) Has accepted any fees, compensation, or other valuable consideration to influence the outcome of an appraisal; (d) Has used advertising that is misleading, deceptive, or false; (e) Has used fraud or misrepresentation in obtaining a license or certificate under this part 6; (f) Has conducted an appraisal in a fraudulent manner or used misrepresentation in any such activity; (g) Has acted or failed to act in a manner that does not meet the generally accepted standards of professional appraisal practice as adopted by the board by rule. A certified copy of a malpractice judgment of a court of competent jurisdiction is conclusive evidence of the act or omission, but evidence of the act or omission is not limited to a malpractice judgment. (h) Has performed appraisal services beyond his or her level of competency; Colorado Revised Statutes 2019 Page 61 of 890 Uncertified Printout (i) Has been subject to an adverse or disciplinary action in another state, territory, or country relating to a license, certificate, or other authorization to practice as an appraiser. A disciplinary action relating to a license or certificate as an appraiser licensed or certified under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of licensure or certification by the board. This subsection (1)(i) applies only to violations based upon acts or omissions in the other state, territory, or country that are also violations of this part 6. (j) Has failed to disclose in the appraisal report the fee paid to the appraiser for a residential real property appraisal if the appraiser was engaged by an appraisal management company to complete the assignment; or (k) Has engaged in conduct that would be grounds for the denial of a license or certification under section 12-10-612. (2) If an applicant, a licensee, or a certified person has violated any provision of this section, the board may deny or refuse to renew the license or certificate, or, as specified in subsections (3) and (6) of this section, revoke or suspend the license or certificate, issue a letter of admonition to a licensee or certified person, place a licensee or certified person on probation, or impose public censure. (3) When a complaint or an investigation discloses an instance of misconduct by a licensed or certified appraiser that, in the opinion of the board, does not warrant formal action by the board but should not be dismissed as being without merit, the board may send a letter of admonition by certified mail to the appraiser against whom a complaint was made. The letter shall advise the appraiser of the right to make a written request, within twenty days after receipt of the letter of admonition, to the board to begin formal disciplinary proceedings as provided in this section to adjudicate the conduct or acts on which the letter was based. (4) The board may start a proceeding for discipline of a licensee or certified person when the board has reasonable grounds to believe that a licensee or certified person has committed any act or failed to act pursuant to the grounds established in subsection (1) of this section or when a request for a hearing is timely made under subsection (3) of this section. (5) Disciplinary proceedings shall be conducted in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24. (6) As authorized in subsection (2) of this section, disciplinary actions by the board may consist of the following: (a) Revocation of a license or certificate. (I) Revocation of a license or certificate by the board means that the licensed or certified person shall surrender his or her license or certificate immediately to the board. (II) Any person whose license or certificate to practice is revoked is ineligible to apply for a license or certificate issued under this part 6 until more than two years have elapsed from the date of surrender of the license or certificate. A reapplication after the two-year period is treated as a new application. (b) Suspension of a license or certificate. Suspension of a license or certificate by the board is for a period to be determined by the board. (c) Probationary status. The board may impose probationary status on a licensee or certified person. If the board places a licensee or certified person on probation, the board may include conditions for continued practice that the board deems appropriate to assure that the licensee or certified person is otherwise qualified to practice in accordance with generally Colorado Revised Statutes 2019 Page 62 of 890 Uncertified Printout accepted professional standards of professional appraisal practice, as specified in board rules, including any or all of the following: (I) A requirement that the licensee or certified person take courses of training or education as needed to correct deficiencies found in the hearing; (II) A review or supervision of his or her practice as may be necessary to determine the quality of the practice and to correct deficiencies in the practice; and (III) The imposition of restrictions upon the nature of his or her appraisal practice to assure that he or she does not practice beyond the limits of his or her capabilities. (d) Public censure. If, after notice and hearing, the director or the director's designee determines that the licensee or certified person has committed any of the acts specified in this section, the board may impose public censure. (7) In addition to any other discipline imposed pursuant to this section, any person who violates this part 6 or the rules promulgated pursuant to this article 10 may be penalized by the board upon a finding of a violation pursuant to article 4 of title 24 as follows: (a) In the first administrative proceeding against a person, a fine of not less than three hundred dollars but not more than five hundred dollars per violation; (b) In any subsequent administrative proceeding against a person for transactions occurring after a final agency action determining that a violation of this part 6 has occurred, a fine of not less than one thousand dollars but not more than two thousand dollars. (8) A person participating in good faith in making a complaint or report or participating in an investigative or administrative proceeding before the board pursuant to this article 10 is immune from any liability, civil or criminal, that otherwise might result by reason of the action. (9) A licensee or certified person who has direct knowledge that a person has violated this part 6 shall report his or her knowledge to the board. (10) The board, on its own motion or upon application at any time after the imposition of discipline as provided in this section, may reconsider its prior action and reinstate or restore a license or certificate, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to a prior disciplinary action rests in the sole discretion of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 676, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-713 as it existed prior to 2019. 12-10-614. Appraisal management companies - prohibited activities - grounds for disciplinary actions - procedures - rules. (1) The board, upon its own motion, may, and upon a complaint submitted to the board in writing by any person, shall, investigate the activities of a licensed appraisal management company; an appraiser designated as a controlling appraiser by a partnership, limited liability company, or corporation acting as an appraisal management company; or a person or an entity that assumes to act in that capacity within the state. The board, upon finding a violation, may impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; censure a licensee; place the licensee on probation and set the terms of probation; or temporarily suspend or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts: Colorado Revised Statutes 2019 Page 63 of 890 Uncertified Printout (a) Failing to: (I) Exercise due diligence when hiring or engaging a real estate appraiser to ensure that the real estate appraiser is appropriately credentialed by the board and competent to perform the assignment; and (II) In the case of an AMC, establish and comply with processes and controls reasonably designed to ensure that the AMC conducts its appraisal management services in accordance with the requirements of the federal "Truth in Lending Act", 15 U.S.C. sec. 1639e (a) to (i), and regulations adopted pursuant to that act; (b) Requiring an appraiser to indemnify the appraisal management company against liability, damages, losses, or claims other than those arising out of the services performed by the appraiser, including performance or nonperformance of the appraiser's duties and obligations, whether as a result of negligence or willful misconduct; (c) Influencing or attempting to influence the development, reporting, result, or review of a real estate appraisal or the engagement of an appraiser through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or in any other manner. This prohibition does not prohibit an appraisal management company from requesting an appraiser to: (I) Consider additional, appropriate property information; (II) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (III) Correct errors in the appraisal report. (d) Prohibiting an appraiser, in the completion of an appraisal service, from communicating with the client, any intended users, real estate brokers, tenants, property owners, management companies, or any other entity that the appraiser reasonably believes has information pertinent to the completion of an appraisal assignment; except that this subsection (1)(d) does not apply to communications between an appraiser and an appraisal management company's client if the client has adopted an explicit policy prohibiting the communication. If the client has adopted an explicit policy prohibiting communication by the appraiser with the client, communication by an appraiser to the client must be made in writing and submitted to the appraisal management company. (e) Altering or modifying a completed appraisal report without the authoring appraiser's knowledge and written consent, and the consent of the intended user, except to modify the format of the report solely for transmission to the client and in a manner acceptable to the client; (f) Requiring an appraiser to provide to the appraisal management company access to the appraiser's electronic signature; (g) Failing to validate or verify that the work completed by an appraiser who is hired or engaged by the appraisal management company complies with state and federal regulations, including the uniform standards of professional appraisal practice, by conducting an annual audit of a random sample of the appraisals received within the previous year by the appraisal management company. The board shall establish annual appraisal review requirements by rule and shall solicit and consider information and comments from interested persons. (h) Failing to make payment to an appraiser within sixty days after completion of the appraisal, unless otherwise agreed or unless the appraiser has been notified in writing that a bona fide dispute exists regarding the performance or quality of the appraisal; (i) Failing to perform the terms of a written agreement with an appraiser hired or engaged to complete an appraisal assignment; Colorado Revised Statutes 2019 Page 64 of 890 Uncertified Printout (j) Failing to disclose to an appraiser, at the time of engagement, the identity of the client; (k) Using an appraisal report for a client other than the one originally contracted with, without the original client's written consent; (l) Failing to maintain possession of, for future use or inspection by the board, for a period of at least five years or at least two years after final disposition of any judicial proceeding in which a representative of the appraisal management company provided testimony related to the assignment, whichever period expires last, the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board; (m) Having been convicted of, or entering a plea of guilty, an Alford plea, or a plea of nolo contendere to, any misdemeanor or felony relating to the conduct of an appraisal, theft, embezzlement, bribery, fraud, misrepresentation, or deceit, or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that a plea was entered is conclusive evidence of the conviction or plea in any hearing under this part 6. (n) Having been the subject of an adverse or disciplinary action in another state, territory, or country relating to a license, registration, certification, or other authorization to practice as an appraisal management company. A disciplinary action relating to a registration, license, or certificate as an appraisal management company under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of a license by the board. This subsection (1)(n) applies only to violations based upon acts or omissions in the other state, territory, or country that would violate this part 6 if committed in Colorado. (o) Violating the "Colorado Consumer Protection Act", article 1 of title 6; (p) Procuring, or attempting to procure, an appraisal management company license or renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, an appraisal management company license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for a license; (q) Knowingly misrepresenting or making false promises through agents, advertising, or otherwise; (r) Failing to disclose to a client the fee amount paid to the appraiser hired or engaged to complete the appraisal upon completion of the assignment; or (s) Disregarding, violating, or abetting, directly or indirectly, a violation of this part 6, a rule promulgated by the board pursuant to this part 6, or an order of the board entered pursuant to this part 6. (2) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but should not be dismissed as being without merit, the board may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom the complaint was made. The letter shall advise the licensee of the right to make a written request, within twenty days after receipt of the letter of admonition, to the board to begin formal disciplinary proceedings as provided in this section to adjudicate the conduct or acts on which the letter was based. (3) Disciplinary proceedings must be conducted in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24. Colorado Revised Statutes 2019 Page 65 of 890 Uncertified Printout (4) If a partnership, limited liability company, or corporation operating under the license of an appraiser designated and licensed as a controlling appraiser by the partnership, limited liability company, or corporation is guilty of any act listed in subsection (1) of this section, the board may suspend or revoke the right of the partnership, limited liability company, or corporation to conduct its business under the license of the controlling appraiser, whether or not the controlling appraiser had personal knowledge of the violation and whether or not the board suspends or revokes the individual license of the controlling appraiser. (5) This part 6 does not relieve any person from civil liability or criminal prosecution under the laws of this state. (6) A licensee or certified person having direct knowledge that a person or licensed partnership, limited liability company, or corporation has violated this part 6 shall report his or her knowledge to the board. (7) The board, on its own motion or upon application, at any time after the imposition of discipline as provided in this section, may reconsider its prior action and reinstate or restore a license, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to the action rests in the sole discretion of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 679, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-714 as it existed prior to 2019. 12-10-615. Judicial review of final board actions and orders. Final actions and orders of the board under sections 12-10-612, 12-10-613, and 12-10-614 appropriate for judicial review are subject to judicial review in the court of appeals in accordance with section 24-4-106 (11). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 682, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-715 as it existed prior to 2019. 12-10-616. Unlawful acts - penalties. (1) It is unlawful for a person to: (a) Violate section 12-10-613 (1)(c), (1)(e), or (1)(f) or perform a real estate appraisal without first having obtained a license or certificate from the board pursuant to this part 6; (b) Accept a fee for an independent appraisal assignment that is contingent upon: (I) Reporting a predetermined analysis, opinion, or conclusion; or (II) The analysis, opinion, or conclusion reached; or (III) The consequences resulting from the analysis, opinion, or conclusion; (c) Misrepresent a consulting service as an independent appraisal; or (d) Fail to disclose, in connection with a consulting service for which a contingent fee is or will be paid, the fact that a contingent fee is or will be paid. (2) Any person who violates any provision of subsection (1) of this section commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501. Any person who subsequently violates any provision of subsection (1) of this section within five years after the Colorado Revised Statutes 2019 Page 66 of 890 Uncertified Printout date of a conviction for a violation of subsection (1) of this section commits a class 5 felony and shall be punished as provided in section 18-1.3-401. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 682, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-716 as it existed prior to 2019. 12-10-617. Appraisal management company license required - violations injunction. (1) Except as provided in section 12-10-607 (9), it is unlawful for any person, partnership, limited liability company, or corporation to engage in the business of appraisal management in this state without first having obtained a license from the board. The board shall not grant a license to a person, partnership, limited liability company, or corporation until the person, partnership, limited liability company, or corporation demonstrates compliance with this part 6. (2) The board may apply to a court of competent jurisdiction for an order enjoining an act or practice that constitutes a violation of this part 6, and, upon a showing that a person, partnership, limited liability company, or corporation is engaging or intends to engage in an act or practice that violates this part 6, the court shall grant an injunction, restraining order, or other appropriate order, regardless of the existence of another remedy for the violation. Any notice, hearing, or duration of an injunction or restraining order shall be made in accordance with the Colorado rules of civil procedure. (3) Any person, partnership, limited liability company, or corporation violating this part 6 by acting as an appraisal management company without having obtained a license or acting as an appraisal management company after the appraisal management company's license has been revoked or during any period for which the license was suspended is guilty of a misdemeanor and, upon conviction thereof: (a) If a natural person, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment, for the first violation and, for a second or subsequent violation, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment; and (b) If an entity, shall be punished by a fine of not more than five thousand dollars. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 683, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-717 as it existed prior to 2019. 12-10-618. Injunctive proceedings. (1) The board may, in the name of the people of the state of Colorado, through the attorney general of the state of Colorado, apply for an injunction in any court of competent jurisdiction to perpetually enjoin a person or appraisal management company from committing an act prohibited by this part 6. (2) Injunctive proceedings under this section are in addition to and not in lieu of penalties and other remedies provided in this part 6. Colorado Revised Statutes 2019 Page 67 of 890 Uncertified Printout (3) When seeking an injunction under this section, the board is not required to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from a continued violation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 683, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-718 as it existed prior to 2019. 12-10-619. Special provision for appraiser employees of county assessors. (1) Except as provided in subsection (2) of this section, unless a federal waiver is applied for and granted pursuant to section 12-10-604 (1)(i), a person acting as a real estate appraiser in this state shall be licensed or certified as provided in this part 6. No person shall practice without a license or certificate or hold himself or herself out to the public as a licensed or certified real estate appraiser unless licensed or certified pursuant to this part 6. (2) An appraiser employee of a county assessor who is employed to appraise real property shall be licensed or certified as provided in this part 6 and shall have two years from the date of taking office or the beginning of employment to comply with this part 6. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 684, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-719 as it existed prior to 2019. 12-10-620. Duties of board under federal law. (1) The board shall: (a) Transmit to the appraisal subcommittee of the federal financial institutions examination council or its successor entity, no less than annually, a roster listing individuals and appraisal management companies that have received a certificate or license as provided in this part 6; (b) Collect and transmit, on an annual basis, to the federal financial institutions examination council an annual registry fee, as prescribed by the appraisal subcommittee of the federal financial institutions examination council or its successor entity, from the following individuals and entities: (I) Individuals and appraisal management companies that are licensed or certified pursuant to this part 6; and (II) Appraisal management companies that operate as subsidiaries of federally regulated financial institutions; and (c) Conduct its business and promulgate rules in a manner consistent with Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, Pub.L. 101-73. (2) The board shall not collect or transmit the information required by this section for licensed ad valorem appraisers. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 684, § 1, effective October 1. Colorado Revised Statutes 2019 Page 68 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-61-720 as it existed prior to 2019. 12-10-621. Business entities. (1) A corporation, partnership, bank, savings and loan association, savings bank, credit union, or other business entity may provide appraisal services if the appraisal is prepared by a certified general appraiser, a certified residential appraiser, or a licensed appraiser. An individual who is not a certified general appraiser, a certified residential appraiser, or a licensed appraiser may assist in the preparation of an appraisal if: (a) The assistant is under the direct supervision of a certified or licensed appraiser; and (b) The final appraisal document is approved and signed by an individual who is a certified or licensed appraiser. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 685, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-721 as it existed prior to 2019. 12-10-622. Provisions found not to comply with federal law null and void severability. (1) If any provision of this part 6 is found by a court of competent jurisdiction or by the appropriate federal agency not to comply with the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, Pub.L. 101-73, the provision is null and void, but the remaining provisions of this part 6 are valid unless the remaining provisions alone are incomplete and are incapable of being executed in accordance with the legislative intent of this part 6. (2) If the regulation of appraisal management companies is repealed from Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, Pub.L. 101-73, the board's jurisdiction over these entities is also repealed. Before the repeal, the division shall review the regulation of appraisal management companies as provided in section 24-34-104. If the board's jurisdiction is repealed, the director shall notify the revisor of statutes of the date of the repeal. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 685, § 1, effective October 1. Editor's note: (1) This section is similar to former § 12-61-722 as it existed prior to 2019. (2) As of publication date, the revisor of statutes has not received the notice referred to in subsection (2). 12-10-623. Scope of article - regulated financial institutions - de minimis exemption. (1) (a) This article 10 does not apply to an appraisal relating to any real-estate-related transaction or loan made or to be made by a financial institution or its affiliate if the real-estaterelated transaction or loan is excepted from appraisal regulations established by the primary federal regulator of the financial institution and the appraisal is performed by: (I) An officer, director, or regularly salaried employee of the financial institution or its affiliate; or Colorado Revised Statutes 2019 Page 69 of 890 Uncertified Printout (II) A real estate broker licensed under this article 10 with whom the institution or affiliate has contracted for performance of the appraisal. (b) The appraisal must not be represented or deemed to be an appraisal except to the financial institution, the agencies regulating the financial institution, and any secondary markets that purchase real estate secured loans. The appraisal must contain a written notice that the preparer is not licensed or certified as an appraiser under this part 6. Nothing in this subsection (1) exempts a person licensed or certified as an appraiser under this part 6 from regulation as provided in this part 6. (2) Nothing in this article 10 limits the ability of any federal or state regulator of a financial institution to require the financial institution to obtain appraisals as specified by the regulator. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 685, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-723 as it existed prior to 2019. PART 7 MORTGAGE LOAN ORIGINATORS 12-10-701. Short title. The short title of this part 7 is the "Mortgage Loan Originator Licensing and Mortgage Company Registration Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 686, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-901 as it existed prior to 2019. 12-10-702. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Affiliate" means a person who, directly or indirectly, through intermediaries, controls, is controlled by, or is under the common control of another person addressed by this part 7. (2) "Affordable housing dwelling unit" means an affordable housing dwelling unit as defined in section 29-26-102. (3) "Board" means the board of mortgage loan originators created in section 12-10-703. (4) "Borrower" means any person who consults with or retains a mortgage loan originator in an effort to obtain or seek advice or information on obtaining or applying to obtain a residential mortgage loan for himself, herself, or persons including himself or herself, regardless of whether the person actually obtains such a loan. (5) "Community development organization" means any community housing development organization or community land trust as defined by the federal "Cranston-Gonzalez National Affordable Housing Act" of 1990 or a community-based development organization as defined by the federal "Housing and Community Development Act of 1974", that is also either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the Colorado Revised Statutes 2019 Page 70 of 890 Uncertified Printout federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and that receives funding from the United States department of housing and urban development, Colorado division of housing, Colorado housing and finance authority, or United States department of agriculture rural development, or through a grantee of the United States department of housing and urban development, purely for the purpose of community housing development activities. (6) "Depository institution" has the same meaning as set forth in the "Federal Deposit Insurance Act", 12 U.S.C. sec. 1813 (c), and includes a credit union. (7) "Dwelling" shall have the same meaning as set forth in the federal "Truth in Lending Act", 15 U.S.C. sec. 1602 (w). (8) "Federal banking agency" means the board of governors of the federal reserve system, the comptroller of the currency, the director of the office of thrift supervision, the national credit union administration, or the federal deposit insurance corporation. (9) "HUD-approved housing counseling agency" means an agency that is either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and approved by the United States department of housing and urban development, in accordance with the housing counseling program handbook section 7610.1 and 24 CFR 214. (10) "Individual" means a natural person. (11) (a) "Loan processor or underwriter" means an individual who performs clerical or support duties at the direction of, and subject to supervision by, a state-licensed loan originator or a registered loan originator. (b) As used in this subsection (11), "clerical or support duties" includes duties performed after receipt of an application for a residential mortgage loan, including: (I) The receipt, collection, distribution, and analysis of information commonly used for the processing or underwriting of a residential mortgage loan; and (II) Communicating with a borrower to obtain the information necessary to process or underwrite a loan, to the extent that the communication does not include offering or negotiating loan rates or terms or counseling consumers about residential mortgage loan rates or terms. (12) "Mortgage company" means a person other than an individual who, through employees or other individuals, takes residential loan applications or offers or negotiates terms of a residential mortgage loan. (13) "Mortgage lender" means a lender who is in the business of making residential mortgage loans if: (a) The lender is the payee on the promissory note evidencing the loan; and (b) The loan proceeds are obtained by the lender from its own funds or from a line of credit made available to the lender from a bank or other entity that regularly loans money to lenders for the purpose of funding mortgage loans. (14) (a) "Mortgage loan originator" means an individual who: (I) Takes a residential mortgage loan application; or (II) Offers or negotiates terms of a residential mortgage loan. (b) "Mortgage loan originator" does not include: (I) An individual engaged solely as a loan processor or underwriter; Colorado Revised Statutes 2019 Page 71 of 890 Uncertified Printout (II) A person that only performs real estate brokerage or sales activities and is licensed or registered pursuant to part 2 of this article 10, unless the person is compensated by a mortgage lender or a mortgage loan originator; (III) A person solely involved in extensions of credit relating to time share plans, as defined in 11 U.S.C. sec. 101 (53D); (IV) An individual who is servicing a mortgage loan; or (V) A person that only performs the services and activities of a dealer, as defined in section 24-32-3302. (15) "Nationwide mortgage licensing system and registry" means a mortgage licensing system developed pursuant to the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended, to track the licensing and registration of mortgage loan originators and that is established and maintained by: (a) The Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, or their successor entities; or (b) The secretary of the United States department of housing and urban development. (16) "Nontraditional mortgage product" means a mortgage product other than a thirtyyear, fixed-rate mortgage. (17) "Originate a mortgage" means to act, directly or indirectly, as a mortgage loan originator. (18) "Person" means a natural person, corporation, company, limited liability company, partnership, firm, association, or other legal entity. (19) "Quasi-government agency" means an agency that is either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and was created to operate in accordance with article 4 of title 29 as a public housing authority. (20) "Real estate brokerage activity" means an activity that involves offering or providing real estate brokerage services to the public, including, without limitation: (a) Acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property; (b) Bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; (c) Negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than matters related to financing for the transaction; (d) Engaging in an activity for which a person engaged in the activity is required under applicable law to be registered or licensed as a real estate agent or real estate broker; or (e) Offering to engage in any activity, or act in any capacity related to the activity, described in this subsection (20). (21) "Residential mortgage loan" means a loan that is primarily for personal, family, or household use and that is secured by a mortgage, deed of trust, or other equivalent, consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a single-family dwelling or multiple-family dwelling of four or fewer units. (22) "Residential real estate" means any real property upon which a dwelling is or will be constructed. Colorado Revised Statutes 2019 Page 72 of 890 Uncertified Printout (23) "Self-help housing organization" means a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and that purely originates residential mortgage loans with interest rates no greater than zero percent for borrowers who have provided part of the labor to construct the dwelling securing the loan or that receives funding from the United States department of agriculture rural development section 502 mutual self-help housing program for borrowers that have provided part of the labor to construct the dwelling securing the loan. (24) "Servicing a mortgage loan" means collecting, receiving, or obtaining the right to collect or receive payments on behalf of a mortgage lender, including payments of principal, interest, escrow amounts, and other amounts due on obligations due and owing to the mortgage lender. (25) "State-licensed loan originator" means an individual who is: (a) A mortgage loan originator or engages in the activities of a mortgage loan originator; (b) Not an employee of a depository institution or a subsidiary that is: (I) Owned and controlled by a depository institution; and (II) Regulated by a federal banking agency; (c) Licensed or required to be licensed pursuant to this part 7; and (d) Registered as a state-licensed loan originator with, and maintains a unique identifier through, the nationwide mortgage licensing system and registry. (26) "Unique identifier" means a number or other identifier assigned to a mortgage loan originator pursuant to protocols established by the nationwide mortgage licensing system and registry. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 686, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-902 as it existed prior to 2019. 12-10-703. Board of mortgage loan originators - creation - compensation enforcement of part after board creation - immunity. (1) (a) There is hereby created in the division of real estate a board of mortgage loan originators, consisting of five members appointed by the governor with the consent of the senate. (b) Of the members of the board: (I) Three must be licensed mortgage loan originators. The general assembly encourages the governor to appoint to at least one of these three positions a licensed mortgage loan originator who is an employee or exclusive agent of, or works as an independent contractor for, a Colorado-based mortgage company. (II) Two must be members of the public at large not engaged in mortgage loan origination or mortgage lending. (c) Of the members of the board appointed for terms beginning on and after August 11, 2010, two of the members appointed as mortgage loan originators and one of the members appointed as a member of the public at large shall be appointed for terms of two years, and one of the members appointed as a mortgage loan originator and one of the members appointed as a Colorado Revised Statutes 2019 Page 73 of 890 Uncertified Printout member of the public at large shall serve for terms of four years. Thereafter, members of the board shall hold office for a term of four years. (d) In the event of a vacancy by death, resignation, removal, or otherwise, the governor shall appoint a member to fill the unexpired term. The governor has the authority to remove any member for misconduct, neglect of duty, or incompetence. (2) (a) The board shall exercise its powers and perform its duties and functions under the department as if transferred to the department by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24. (b) Notwithstanding any other provision of this part 7, on and after the creation of the board by this section, the board shall exercise all of the rule-making, enforcement, and administrative authority of the director set forth in this part 7. The board has the authority to delegate to the director any enforcement and administrative authority under this part 7 that the board deems necessary and appropriate. If the board delegates any enforcement or administrative authority under this part 7 to the director, the director shall only be entitled to exercise such authority as specifically delegated in writing to the director by the board. (3) Each member of the board shall receive the same compensation and reimbursement of expenses as those provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund created in section 12-10-215. (4) Members of the board, consultants, and expert witnesses shall be immune from suit in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith pursuant to this part 7. (5) A majority of the board shall constitute a quorum for the transaction of all business, and actions of the board shall require a vote of a majority of the members present in favor of the action taken. (6) (a) All rules promulgated by the director prior to August 11, 2010, shall remain in full force and effect until repealed or modified by the board. The board shall have the authority to enforce any previously promulgated rules of the director under this part 7 and any rules promulgated by the board. (b) Nothing in this section shall affect any action taken by the director prior to August 11, 2010. No person who, on or before August 11, 2010, holds a license issued under this part 7 shall be required to secure an additional license under this part 7, but shall otherwise be subject to all the provisions of this part 7. A license previously issued shall, for all purposes, be considered a license issued by the board under this part 7. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 690, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-902.5 as it existed prior to 2019. 12-10-704. License required - rules. (1) (a) Unless licensed by the board and registered with the nationwide mortgage licensing system and registry as a state-licensed loan originator, an individual shall not originate or offer to originate a mortgage or act or offer to act as a mortgage loan originator. Colorado Revised Statutes 2019 Page 74 of 890 Uncertified Printout (b) On and after January 1, 2010, a licensed mortgage loan originator shall apply for license renewal in accordance with subsection (5) of this section every calendar year as determined by the board by rule. (2) An independent contractor may not engage in residential mortgage loan origination activities as a loan processor or underwriter unless the independent contractor is a state-licensed loan originator. (3) An applicant for initial licensing as a mortgage loan originator shall submit to the board the following: (a) A criminal history record check in compliance with subsection (6) of this section; (b) A disclosure of all administrative discipline taken against the applicant concerning the categories listed in section 12-10-711 (1)(c); and (c) The application fee established by the board in accordance with section 12-10-718. (4) (a) In addition to the requirements imposed by subsection (3) of this section, on or after August 5, 2009, each individual applicant for initial licensing as a mortgage loan originator must have satisfactorily completed: (I) At least twenty hours of education as administered and approved by the Nationwide Multistate Licensing System and Registry or its successor; and (II) A written examination approved by the board. For the portion of the examination that represents the state-specific test required in the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended, the board may adopt the uniform state test administered through the Nationwide Multistate Licensing System and Registry or its successor. (b) The board may contract with one or more independent testing services to develop, administer, and grade the examinations required by subsection (4)(a) of this section and to maintain and administer licensee records. The contract may allow the testing service to recover from applicants its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors. (c) The board may publish reports summarizing statistical information prepared by the nationwide mortgage licensing system and registry relating to mortgage loan originator examinations. (5) An applicant for license renewal shall submit to the board the following: (a) A disclosure of all administrative discipline taken against the applicant concerning the categories listed in section 12-10-711 (1)(c); and (b) The renewal fee established by the board in accordance with section 12-10-718. (6) (a) Prior to submitting an application for a license, an applicant shall submit a set of fingerprints to the Colorado bureau of investigation. Upon receipt of the applicant's fingerprints, the Colorado bureau of investigation shall use the fingerprints to conduct a state and national criminal history record check using records of the Colorado bureau of investigation and the federal bureau of investigation. All costs arising from the criminal history record check must be borne by the applicant and must be paid when the set of fingerprints is submitted. Upon completion of the criminal history record check, the bureau shall forward the results to the board. The board shall acquire a name-based criminal history record check, as defined in section 22-2119.3 (6)(d), for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based Colorado Revised Statutes 2019 Page 75 of 890 Uncertified Printout criminal history record check of an applicant performed pursuant to this subsection (6) reveal a record of arrest without a disposition. The applicant shall pay the costs associated with a namebased criminal history record check. (b) If the board determines that the criminal background check provided by the nationwide mortgage licensing system and registry is a sufficient method of screening license applicants to protect Colorado consumers, the board may, by rule, authorize the use of that criminal background check instead of the criminal history record check otherwise required by this subsection (6). (7) (a) On and after January 1, 2010, in connection with an application for a license as a mortgage loan originator, the applicant shall furnish information concerning the applicant's identity to the nationwide mortgage licensing system and registry. The applicant shall furnish, at a minimum, the following: (I) Fingerprints for submission to the federal bureau of investigation and any government agency or entity authorized to receive fingerprints for a state, national, or international criminal history record check; and (II) Personal history and experience, in a form prescribed by the nationwide mortgage licensing system and registry, including submission of authorization for the nationwide mortgage licensing system and registry to obtain: (A) An independent credit report from the consumer reporting agency described in the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681a (p); and (B) Information related to any administrative, civil, or criminal findings by a government jurisdiction. (b) An applicant is responsible for paying all costs arising from a criminal history record check and shall pay the costs upon submission of fingerprints. (c) The board shall acquire a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (7) reveal a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based criminal history record check. (8) Before granting a license to an applicant, the board shall require the applicant to post a bond as required by section 12-10-717. (9) The board shall issue or deny a license within sixty days after: (a) The applicant has submitted the requisite information to the board and the Nationwide Multistate Licensing System and Registry, including the completed application and any necessary supplementary information, the application fee, and proof that the applicant has posted a surety bond and obtained errors and omissions insurance; and (b) The board receives the completed criminal history record check and all other relevant information or documents necessary to reasonably ascertain facts underlying the applicant's criminal history. (10) (a) The board may require, as a condition of license renewal on or after January 1, 2009, continuing education of licensees for the purpose of enhancing the professional competence and professional responsibility of all licensees. (b) Continuing professional education requirements shall be determined by the board by rule; except that licensees shall be required to complete at least eight credit hours of continuing Colorado Revised Statutes 2019 Page 76 of 890 Uncertified Printout education each year. The board may contract with one or more independent service providers to develop, review, or approve continuing education courses. The contract may allow the independent service provider to recover from licensees its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors. (11) (a) The board may require contractors and prospective contractors for services under subsections (4) and (10) of this section to submit, for the board's review and approval, information regarding the contents and materials of proposed courses and other documentation reasonably necessary to further the purposes of this section. (b) The board may set fees for the initial and continuing review of courses for which credit hours will be granted. The initial filing fee for review of materials shall not exceed five hundred dollars, and the fee for continued review shall not exceed two hundred fifty dollars per year per course offered. (12) The board may adopt reasonable rules to implement this section. The board may adopt rules necessary to implement provisions required in the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended, and for participation in the nationwide mortgage licensing system and registry. (13) In order to fulfill the purposes of this part 7, the board may establish relationships or contracts with the nationwide mortgage licensing system and registry or other entities designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this part 7. (14) The board may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from or distributing information to the department of justice, a government agency, or any other source. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 691, § 1, effective October 1; (6)(a) and (7)(c) amended, (HB 19-1166), ch. 125, p. 566, § 72, effective October 1. Editor's note: (1) This section is similar to former § 12-61-903 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019. (3) Section 78 of chapter 125 (HB 19-1166), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-10-705. Registration required - rules. (1) On or after January 1, 2011, each mortgage company shall register with the nationwide mortgage licensing system and registry, unless exempted by rule by the board, and shall renew its registration each calendar year based on the following criteria: Colorado Revised Statutes 2019 Page 77 of 890 Uncertified Printout (a) (I) The mortgage company is legally operating in the state of Colorado in accordance with standards determined and administered by the Colorado secretary of state; and (II) The mortgage company is not legally barred from operating in Colorado. (b) Sole proprietors, general partnerships, and other mortgage companies not otherwise required to register with the secretary of state shall register using a trade name. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 694, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-903.1 as it existed prior to 2019. 12-10-706. License or registration inactivation. (1) The board may inactivate a state license or a registration with the nationwide mortgage licensing system and registry when a licensee has failed to: (a) Comply with the surety bond requirements of sections 12-10-704 (8) and 12-10-717; (b) Comply with the errors and omissions insurance requirement in section 12-10-707 or any rule of the board that directly or indirectly addresses errors and omissions insurance requirements; (c) Maintain current contact information, surety bond information, or errors and omissions insurance information as required by this part 7 or by any rule of the board that directly or indirectly addresses those requirements; (d) Respond to an investigation or examination; (e) Comply with any of the education or testing requirements set forth in this part 7 or in any rule of the board that directly or indirectly addresses education or testing requirements; or (f) Register with and provide all required information to the nationwide mortgage licensing system and registry. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 694, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-903.3 as it existed prior to 2019. 12-10-707. Errors and omissions insurance - duties of the board - certificate of coverage - when required - group plan made available - effect - rules. (1) Every licensee under this part 7, except an inactive mortgage loan originator or an attorney licensee who maintains a policy of professional malpractice insurance that provides coverage for errors and omissions insurance for their activities as a licensee under this part 7, shall maintain errors and omissions insurance to cover all activities contemplated under this part 7. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel a licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division. Colorado Revised Statutes 2019 Page 78 of 890 Uncertified Printout (2) (a) If the division is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section. (b) The division shall solicit and consider information and comments from interested persons when determining the reasonableness of annual premiums. (3) The division shall determine the terms and conditions of coverage required under this section based on rules promulgated by the board. Each licensee shall be notified of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the division. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the division by the annual premium renewal date, as determined by the division. (4) In addition to all other powers and duties conferred upon the board by this part 7, the board shall adopt such rules as it deems necessary or proper to carry out this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 695, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-903.5 as it existed prior to 2019. 12-10-708. License renewal. (1) In order for a licensed mortgage loan originator to renew a license issued pursuant to this part 7, the mortgage loan originator shall: (a) Continue to meet the minimum standards for issuance of a license pursuant to this part 7; (b) Satisfy the annual continuing education requirements set forth in section 12-10-704 (10) and in rules adopted by the board; and (c) Pay applicable license renewal fees. (2) If a licensed mortgage loan originator fails to satisfy the requirements of subsection (1) of this section for license renewal, the mortgage loan originator's license shall expire. The board shall adopt rules to establish procedures for the reinstatement of an expired license consistent with the standards established by the nationwide mortgage licensing system and registry. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 696, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-903.7 as it existed prior to 2019. 12-10-709. Exemptions - definition - rules. (1) Except as otherwise provided in section 12-10-713, this part 7 does not apply to the following, unless otherwise determined by the federal bureau of consumer financial protection or the United States department of housing and urban development: (a) With respect to a residential mortgage loan: Colorado Revised Statutes 2019 Page 79 of 890 Uncertified Printout (I) A person, estate, or trust that provides mortgage financing for the sale of no more than three properties in any twelve-month period to purchasers of the properties, each of which is owned by the person, estate, or trust and serves as security for the loan; or (II) An individual who acts as a mortgage loan originator, without compensation or gain to the mortgage loan originator, in providing loan financing for not more than three residential mortgage loans in any twelve-month period to a family member of the individual. The board shall define "family member" by rule. For purposes of this exemption only, "compensation or gain" excludes any interest paid under the loan financing provided. (b) A bank and a savings association as these terms are defined in the "Federal Deposit Insurance Act", 12 U.S.C. sec. 1811 et seq., as amended, a subsidiary that is owned and controlled by a bank or savings association, employees of a bank or savings association, employees of a subsidiary that is owned and controlled by a bank or savings association, credit unions, and employees of credit unions; (c) An attorney who renders services in the course of practice, who is licensed in Colorado, and who is not primarily engaged in the business of negotiating residential mortgage loans; (d) A person who: (I) Funds a residential mortgage loan that has been originated and processed by a licensed person or by an exempt person; (II) Does not solicit borrowers in Colorado for the purpose of making residential mortgage loans; and (III) Does not participate in the negotiation of residential mortgage loans with the borrower, except for setting the terms under which a person may buy or fund a residential mortgage loan originated by a licensed or exempt person; (e) A loan processor or underwriter who is not an independent contractor and who does not represent to the public that the individual can or will perform any activities of a mortgage loan originator. As used in this subsection (1)(e), "represent to the public" means communicating, through advertising or other means of communicating, or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual is able to provide a particular service or activity for a consumer. (f) To the extent that it is providing programs benefitting affordable housing dwelling units, an agency of the federal government, the Colorado government, or any of Colorado's political subdivisions or employees of an agency of the federal government, of the Colorado government, or of any of Colorado's political subdivisions; (g) Quasi-government agencies, HUD-approved housing counseling agencies, or employees of quasi-government agencies or HUD-approved housing counseling agencies; (h) Community development organizations or employees of community development organizations; (i) Self-help housing organizations or employees of self-help housing organizations or volunteers acting as an agent of self-help housing organizations; (j) A person licensed under part 2 of this article 10 who represents a person, estate, or trust providing mortgage financing under subsection (1)(a) of this section. (2) The exemptions in subsection (1) of this section shall not apply to persons acting beyond the scope of the exemptions. Colorado Revised Statutes 2019 Page 80 of 890 Uncertified Printout (3) The board may adopt reasonable rules modifying the exemptions in this section in accordance with rules adopted by the federal bureau of consumer financial protection or the United States department of housing and urban development. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 696, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-904 as it existed prior to 2019. 12-10-710. Originator's relationship to borrower - rules. (1) A mortgage loan originator shall have a duty of good faith and fair dealing in all communications and transactions with a borrower. The duty includes, but is not limited to: (a) The duty to not recommend or induce the borrower to enter into a transaction that does not have a reasonable, tangible net benefit to the borrower, considering all of the circumstances, including the terms of a loan, the cost of a loan, and the borrower's circumstances; (b) The duty to make a reasonable inquiry concerning the borrower's current and prospective income, existing debts and other obligations, and any other relevant information and, after making the inquiry, to make his or her best efforts to recommend, broker, or originate a residential mortgage loan that takes into consideration the information submitted by the borrower, but the mortgage loan originator shall not be deemed to violate this section if the borrower conceals or misrepresents relevant information; and (c) The duty not to commit any acts, practices, or omissions in violation of section 3840-105. (2) For purposes of implementing subsection (1) of this section, the board may adopt rules defining what constitutes a reasonable, tangible net benefit to the borrower. (3) A violation of this section constitutes a deceptive trade practice under the "Colorado Consumer Protection Act", article 1 of title 6. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 698, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-904.5 as it existed prior to 2019. 12-10-711. Powers and duties of the board - rules. (1) The board may deny an application for a license, refuse to renew, or revoke the license of an applicant or licensee who has: (a) Filed an application with the board containing material misstatements of fact or omitted any disclosure required by this part 7; (b) Within the last five years, been convicted of or pled guilty or nolo contendere to a crime involving fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, except as otherwise set forth in this part 7; (c) Except as otherwise set forth in this part 7, within the last five years, had a license, registration, or certification issued by Colorado or another state revoked or suspended for fraud, Colorado Revised Statutes 2019 Page 81 of 890 Uncertified Printout deceit, material misrepresentation, theft, or the breach of a fiduciary duty, and the discipline denied the person authorization to practice as: (I) A mortgage broker or a mortgage loan originator; (II) A real estate broker, as defined by section 12-10-201 (6); (III) A real estate salesperson; (IV) A real estate appraiser, as defined by section 12-10-602 (9); (V) An insurance producer, as defined by section 10-2-103 (6); (VI) An attorney; (VII) A securities broker-dealer, as defined by section 11-51-201 (2); (VIII) A securities sales representative, as defined by section 11-51-201 (14); (IX) An investment advisor, as defined by section 11-51-201 (9.5); or (X) An investment advisor representative, as defined by section 11-51-201 (9.6); (d) Been enjoined within the immediately preceding five years under the laws of this or any other state or of the United States from engaging in deceptive conduct relating to the brokering of or originating a mortgage loan; (e) Been found to have violated the provisions of section 12-10-721; (f) Been found to have violated the provisions of section 12-10-713; (g) Not demonstrated financial responsibility, character, and general fitness to command the confidence of the community and to warrant a determination that the individual will operate honestly, fairly, and efficiently, consistent with the purposes of this part 7; (h) Not completed the prelicense education requirements set forth in section 12-10-704 and any applicable rules of the board; or (i) Not passed a written examination that meets the requirements set forth in section 1210-704 and any applicable rules of the board. (2) The board shall deny an application for a license, refuse to renew, or revoke the license of an applicant or licensee who has: (a) (I) Had a mortgage loan originator license or similar license revoked in any jurisdiction. (II) If a revocation is subsequently formally nullified, the license is not revoked for purposes of this subsection (2)(a). (b) (I) At any time been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering. (II) If the individual obtains a pardon of the conviction, the board shall not deem the individual convicted for purposes of this subsection (2)(b). (c) Been convicted of, or pled guilty or nolo contendere to, a felony within the immediately preceding seven years. (3) The board may investigate the activities of a licensee or other person that present grounds for disciplinary action under this part 7 or that violate section 12-10-720 (1). (4) (a) If the board has reasonable grounds to believe that a mortgage loan originator is no longer qualified under subsection (1) of this section, the board may summarily suspend the mortgage loan originator's license pending a hearing to revoke the license. A summary suspension shall conform to article 4 of title 24. (b) The board shall suspend the license of a mortgage loan originator who fails to maintain the bond required by section 12-10-717 until the licensee complies with that section. Colorado Revised Statutes 2019 Page 82 of 890 Uncertified Printout (5) The board or an administrative law judge appointed pursuant to part 10 of article 30 of title 24 shall conduct disciplinary hearings concerning mortgage loan originators and mortgage companies. The hearings shall conform to article 4 of title 24. (6) (a) Except as provided in subsection (6)(b) of this section, an individual whose license has been revoked shall not be eligible for licensure for two years after the effective date of the revocation. (b) If the board or an administrative law judge determines that an application contained a misstatement of fact or omitted a required disclosure due to an unintentional error, the board shall allow the applicant to correct the application. Upon receipt of the corrected and completed application, the board or administrative law judge shall not bar the applicant from being licensed on the basis of the unintentional misstatement or omission. (7) (a) The board or an administrative law judge may administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing or investigation conducted by the board or an administrative law judge. The board may request any information relevant to the investigation, including, but not limited to, independent credit reports obtained from a consumer reporting agency described in the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681a (p). (b) Upon failure of a witness to comply with a subpoena or process, the district court of the county in which the subpoenaed witness resides or conducts business may issue an order requiring the witness to appear before the board or administrative law judge; produce the relevant papers, books, records, documentary evidence, testimony, or materials in question; or both. Failure to obey the order of the court may be punished as a contempt of court. The board or an administrative law judge may apply for an order. (c) The licensee or individual who, after an investigation under this part 7, is found to be in violation of a provision of this part 7 shall be responsible for paying all reasonable and necessary costs of the division arising from subpoenas or requests issued pursuant to this subsection (7), including court costs for an action brought pursuant to subsection (7)(b) of this section. (8) (a) If the board has reasonable cause to believe that an individual is violating this part 7, including but not limited to section 12-10-720 (1), the board may enter an order requiring the individual to cease and desist the violations. (b) The board, upon its own motion, may, and, upon the complaint in writing of any person, shall, investigate the activities of any licensee or any individual who assumes to act in such capacity within the state. In addition to any other penalty that may be imposed pursuant to this part 7, any individual violating any provision of this part 7 or any rules promulgated pursuant to this article 10 may be fined upon a finding of misconduct by the board as follows: (I) In the first administrative proceeding, a fine not in excess of one thousand dollars per act or occurrence; (II) In a second or subsequent administrative proceeding, a fine not less than one thousand dollars nor in excess of two thousand dollars per act or occurrence. (c) All fines collected pursuant to this subsection (8) shall be transferred to the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10215. Colorado Revised Statutes 2019 Page 83 of 890 Uncertified Printout (9) The board shall keep records of the individuals licensed as mortgage loan originators and of disciplinary proceedings. The records kept by the board shall be open to public inspection in a reasonable time and manner determined by the board. (10) The board shall maintain a system, which may include, without limitation, a hotline or website, that gives consumers a reasonably easy method for making complaints about a mortgage loan originator. (11) The board shall promulgate rules to allow licensed mortgage loan originators to hire unlicensed mortgage loan originators under temporary licenses. If an unlicensed mortgage loan originator has initiated the application process for a license, he or she shall be assigned a temporary license for a reasonable period until a license is approved or denied. The licensed mortgage loan originator who employs an unlicensed mortgage loan originator shall be held responsible under all applicable provisions of law, including without limitation this part 7 and section 38-40-105, for the actions of the unlicensed mortgage loan originator to whom a temporary license has been assigned under this subsection (11). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 698, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-905 as it existed prior to 2019. 12-10-712. Powers and duties of the board over mortgage companies - fines - rules. (1) With respect to mortgage companies, the board may deny an application for registration; refuse to renew, suspend, or revoke the registration; enter cease-and-desist orders; and impose fines as set forth in this section as follows: (a) If the board has reasonable cause to believe a person is acting without a license or registration; (b) If the mortgage company fails to maintain possession, for future use or inspection by an authorized representative of the board, for a period of four years, of the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board or by an authorized representative of the board; (c) If the mortgage company employs or contracts with individuals who are required to be licensed pursuant to this part 7 and who are not either: (I) Licensed; or (II) In the process of becoming licensed; or (d) If the mortgage company directs, makes, or causes to be made, in any manner, a false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan; engages in bait and switch advertising as that term is used in section 6-1-105 (1)(n); or violates any rule of the board that directly or indirectly addresses advertising requirements. (2) (a) The board, upon its own motion or upon the complaint in writing of any person, may investigate the activities of any registered mortgage company or any mortgage company that is acting in a capacity that requires registration pursuant to this part 7. (b) The board may fine a mortgage company that has violated this section or any rules promulgated pursuant to this section as follows: Colorado Revised Statutes 2019 Page 84 of 890 Uncertified Printout (I) In the first administrative proceeding, a fine not in excess of one thousand dollars per act or occurrence; (II) In a second or subsequent administrative proceeding, a fine not in excess of two thousand dollars per act or occurrence. (c) All fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215. (3) The board may adopt reasonable rules for implementing this section. (4) Nothing in this section automatically imputes a violation to the mortgage company if a licensed agent or employee, or an individual agent or employee who is required to be licensed, violates any other provision of this part 7. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 702, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-905.1 as it existed prior to 2019. 12-10-713. Disciplinary actions - grounds - procedures - rules. (1) The board, upon its own motion, may, or upon the complaint in writing of any person, shall, investigate the activities of any mortgage loan originator. The board has the power to impose an administrative fine in accordance with section 12-10-711, deny a license, censure a licensee, place the licensee on probation and set the terms of probation, order restitution, order the payment of actual damages, or suspend or revoke a license when the board finds that the licensee or applicant has performed, is performing, or is attempting to perform any of the following acts: (a) Knowingly making any misrepresentation or knowingly making use of any false or misleading advertising; (b) Making any promise that influences, persuades, or induces another person to detrimentally rely on the promise when the licensee could not or did not intend to keep the promise; (c) Knowingly misrepresenting or making false promises through agents, salespersons, advertising, or otherwise; (d) Violating any provision of the "Colorado Consumer Protection Act", article 1 of title 6, and, if the licensee has been assessed a civil or criminal penalty or been subject to an injunction under the act, the board shall revoke the licensee's license; (e) Acting for more than one party in a transaction without disclosing any actual or potential conflict of interest or without disclosing to all parties any fiduciary obligation or other legal obligation of the mortgage loan originator to any party; (f) Representing or attempting to represent a mortgage loan originator other than the licensee's principal or employer without the express knowledge and consent of that principal or employer; (g) In the case of a licensee in the employ of another mortgage loan originator, failing to place, as soon after receipt as is practicably possible, in the custody of that licensed mortgage loan originator-employer any deposit money or other money or fund entrusted to the employee by any person dealing with the employee as the representative of that licensed mortgage loan originator-employer; Colorado Revised Statutes 2019 Page 85 of 890 Uncertified Printout (h) Failing to account for or to remit, within a reasonable time, any money coming into his or her possession that belongs to others, whether acting as a mortgage loan originator, real estate broker, salesperson, or otherwise, and failing to keep records relative to the money, which records shall contain such information as may be prescribed by the rules of the board relative thereto and shall be subject to audit by the board; (i) Converting funds of others, diverting funds of others without proper authorization, commingling funds of others with the licensee's own funds, or failing to keep the funds of others in an escrow or a trustee account with a bank or recognized depository in this state, which account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government, and to keep records relative to the deposit that contain such information as may be prescribed by the rules of the board relative thereto, which records shall be subject to audit by the board; (j) Failing to provide the parties to a residential mortgage loan transaction with such information as may be prescribed by the rules of the board; (k) Unless an employee of a duly registered mortgage company, failing to maintain possession, for future use or inspection by an authorized representative of the board, for a period of four years, of the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board or by an authorized representative of the board; (l) Paying a commission or valuable consideration for performing any of the functions of a mortgage loan originator, as described in this part 7, to any person who is not licensed under this part 7 or is not registered in compliance with the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended; (m) Disregarding or violating any provision of this part 7 or any rule adopted by the board pursuant to this part 7; violating any lawful orders of the board; or aiding and abetting a violation of any rule, order of the board, or provision of this part 7; (n) Conviction of, entering a plea of guilty to, or entering a plea of nolo contendere to any crime in article 3 of title 18, parts 1 to 4 of article 4 of title 18, article 5 of title 18, part 3 of article 8 of title 18, article 15 of title 18, article 17 of title 18, or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of a conviction or other official record indicating that a plea was entered shall be conclusive evidence of the conviction or plea in any hearing under this part 7. (o) Violating or aiding and abetting in the violation of the Colorado or federal fair housing laws; (p) Failing to immediately notify the board in writing of a conviction, plea, or violation pursuant to subsection (1)(n) or (1)(o) of this section; (q) Having demonstrated unworthiness or incompetency to act as a mortgage loan originator by conducting business in such a manner as to endanger the interest of the public; (r) Procuring, or attempting to procure, a mortgage loan originator's license or renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, a mortgage loan originator's license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for the license; (s) Claiming, arranging for, or taking any secret or undisclosed amount of compensation, commission, or profit or failing to reveal to the licensee's principal or employer the full amount Colorado Revised Statutes 2019 Page 86 of 890 Uncertified Printout of the licensee's compensation, commission, or profit in connection with any acts for which a license is required under this part 7; (t) Exercising an option to purchase in any agreement authorizing or employing a licensee to sell, buy, or exchange real estate for compensation or commission except when the licensee, prior to or coincident with election to exercise the option to purchase, reveals in writing to the licensee's principal or employer the full amount of the licensee's profit and obtains the written consent of the principal or employer approving the amount of the profit; (u) Fraud, misrepresentation, deceit, or conversion of trust funds that results in the payment of any claim pursuant to this part 7 or that results in the entry of a civil judgment for damages; (v) Any other conduct, whether of the same or a different character than specified in this subsection (1), that evinces a lack of good faith and fair dealing; (w) Having had a mortgage loan originator's license suspended or revoked in any jurisdiction or having had any disciplinary action taken against the mortgage loan originator in any other jurisdiction. A certified copy of the order of disciplinary action shall be prima facie evidence of the disciplinary action. (x) Engaging in any unfair or deceptive practice toward any person; (y) Obtaining property by fraud or misrepresentation; (z) Soliciting or entering into a contract with a borrower that provides, in substance, that the mortgage loan originator may earn a fee or commission through the mortgage loan originator's best efforts to obtain a loan even though no loan is actually obtained for the borrower; (aa) Soliciting, advertising, or entering into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of the solicitation, advertisement, or contract; (bb) Failing to make a disclosure to a loan applicant or a noninstitutional investor as required by section 12-10-725 and any other applicable state or federal law; (cc) Making, in any manner, any false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan or engaging in bait and switch advertising; (dd) Negligently making any false statement or knowingly and willfully omitting a material fact in connection with any reports filed by a mortgage loan originator or in connection with any investigation conducted by the division; (ee) In any advertising of residential mortgage loans or any other applicable mortgage loan originator activities covered by the following federal acts, failing to comply with any requirement of the "Truth in Lending Act", 15 U.S.C. sec. 1601 and Regulation Z, 12 CFR 226 and 12 CFR 1026; the "Real Estate Settlement Procedures Act of 1974", 12 U.S.C. sec. 2601 and Regulation X, 12 CFR 1024 et seq.; the "Equal Credit Opportunity Act", 15 U.S.C. sec. 1691 and Regulation B, 12 CFR 202.9, 202.11, and 202.12 and 12 CFR 1002; Title V, Subtitle A of the "Financial Services Modernization Act of 1999", also known as the "Gramm-Leach-Bliley Act", 15 U.S.C. secs. 6801 to 6809, and the federal trade commission's privacy rules, 16 CFR 313 and 314, mandated by the "Gramm-Leach-Bliley Act"; the "Home Mortgage Disclosure Act of 1975", 12 U.S.C. sec. 2801 et seq. and Regulation C, home mortgage disclosure, 12 CFR 203 and 12 CFR 1003; the "Federal Trade Commission Act" of 1914, 15 U.S.C. sec. 45 (a) and 16 CFR 233; and the "Telemarketing and Consumer Fraud and Abuse Prevention Act", 15 U.S.C. Colorado Revised Statutes 2019 Page 87 of 890 Uncertified Printout secs. 6101 to 6108, and the federal trade commission's telemarketing sales rule, 16 CFR 310, as amended. The board may adopt rules requiring mortgage loan originators to comply with other applicable state and federal statutes and regulations. (ff) Failing to pay a third-party provider, no later than thirty days after the recording of the loan closing documents or ninety days after completion of the third-party service, whichever comes first, unless otherwise agreed or unless the third-party service provider has been notified in writing that a bona fide dispute exists regarding the performance or quality of the third-party service; or (gg) Collecting, charging, attempting to collect or charge, or using or proposing any agreement purporting to collect or charge any fee prohibited by section 12-10-725 or 12-10-726. (2) Upon request of the board, when any mortgage loan originator is a party to any suit or proceeding, either civil or criminal, arising out of any transaction involving a residential mortgage loan and the mortgage loan originator participated in the transaction in his or her capacity as a licensed mortgage loan originator, the mortgage loan originator shall supply to the board a copy of the complaint, indictment, information, or other initiating pleading and the answer filed, if any, and advise the board of the disposition of the case and of the nature and amount of any judgment, verdict, finding, or sentence that may be made, entered, or imposed therein. (3) This part 7 shall not be construed to relieve any person from civil liability or criminal prosecution under the laws of this state. (4) Complaints of record in the office of the board and board investigations, including board investigative files, are closed to public inspection. Stipulations and final agency orders are public record and subject to sections 24-72-203 and 24-72-204. (5) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, the board may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom a complaint was made and a copy of the letter of admonition to the person making the complaint, but the letter shall advise the licensee that the licensee has the right to request in writing, within twenty days after proven receipt, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings. (6) All administrative fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215. (7) (a) The board shall not consider an application for licensure from an individual whose license has been revoked until two years after the date of revocation. (b) If an individual's license was suspended or revoked due to conduct that resulted in financial loss to another person, no new license shall be granted, nor shall a suspended license be reinstated, until full restitution has been made to the person suffering the financial loss. The amount of restitution shall include interest, reasonable attorney fees, and costs of any suit or other proceeding undertaken in an effort to recover the loss. (8) When the board or the division becomes aware of facts or circumstances that fall within the jurisdiction of a criminal justice or other law enforcement authority upon investigation Colorado Revised Statutes 2019 Page 88 of 890 Uncertified Printout of the activities of a licensee, the board or division shall, in addition to the exercise of its authority under this part 7, refer and transmit the information, which may include originals or copies of documents and materials, to one or more criminal justice or other law enforcement authorities for investigation and prosecution as authorized by law. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 703, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-905.5 as it existed prior to 2019. 12-10-714. Hearing - administrative law judge - review - rules. (1) Except as otherwise provided in this section, all proceedings before the board with respect to disciplinary actions and denial of licensure under this part 7, at the discretion of the board, may be conducted by an authorized representative of the board or an administrative law judge pursuant to sections 24-4-104 and 24-4-105. (2) Proceedings shall be held in the county where the board has its office or in such other place as the board may designate. If the licensee is employed by another licensed mortgage loan originator or by a real estate broker, the board shall also notify the licensee's employer by mailing, by first-class mail, a copy of the written notice required under section 24-4-104 (3) to the employer's last-known business address. (3) The board, an authorized representative of the board, or an administrative law judge shall conduct all hearings for denying, suspending, or revoking a license or certificate on behalf of the board, subject to appropriations made to the department of personnel. Each administrative law judge shall be appointed pursuant to part 10 of article 30 of title 24. The administrative law judge shall conduct the hearing in accordance with sections 24-4-104 and 24-4-105. No license shall be denied, suspended, or revoked until the board has made its decision. (4) The decision of the board in any disciplinary action or denial of licensure under this section is subject to judicial review by the court of appeals. In order to effectuate the purposes of this part 7, the board has the power to promulgate rules pursuant to article 4 of title 24. (5) In a judicial review proceeding, the court may stay the execution or effect of any final order of the board; but a hearing shall be held affording the parties an opportunity to be heard for the purpose of determining whether the public health, safety, and welfare would be endangered by staying the board's order. If the court determines that the order should be stayed, it shall also determine at the hearing the amount of the bond and adequacy of the surety, which bond shall be conditioned upon the faithful performance by the petitioner of all obligations as a mortgage loan originator and upon the prompt payment of all damages arising from or caused by the delay in the taking effect of or enforcement of the order complained of and for all costs that may be assessed or required to be paid in connection with the proceedings. (6) In any hearing conducted by the board or an authorized representative of the board in which there is a possibility of the denial, suspension, or revocation of a license because of the conviction of a felony or of a crime involving moral turpitude, the board or its authorized representative shall be governed by section 24-5-101. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 707, § 1, effective October 1. Colorado Revised Statutes 2019 Page 89 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-61-905.6 as it existed prior to 2019. 12-10-715. Subpoena - misdemeanor. (1) The board or the administrative law judge appointed for hearings may issue subpoenas, as described in section 12-10-711 (7), which shall be served in the same manner as subpoenas issued by district courts and shall be issued without discrimination between public or private parties requiring the attendance of witnesses or the production of documents at hearings. (2) Any person who willfully fails or neglects to appear and testify or to produce books, papers, or records required by subpoena, duly served upon him or her in any matter conducted under this part 7, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars or imprisonment in the county jail for not more than thirty days for each such offense, or by both such fine and imprisonment. Each day a person so refuses or neglects constitutes a separate offense. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 708, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-905.7 as it existed prior to 2019. 12-10-716. Immunity. A person participating in good faith in the filing of a complaint or report or participating in an investigation or hearing before the board or an administrative law judge pursuant to this part 7 shall be immune from any liability, civil or criminal, that otherwise might result by reason of the action. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 708, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-906 as it existed prior to 2019. 12-10-717. Bond required - rules. (1) Before receiving a license, an applicant shall post with the board a surety bond in an amount prescribed by the board by rule. A licensed mortgage loan originator shall maintain the required bond at all times. The surety bond may be held by the individual mortgage loan originator or may be in the name of the company by which the mortgage loan originator is employed. The board may adopt rules to further define surety bond requirements. (2) The surety shall not be required to pay a person making a claim upon the bond until a final determination of fraud, forgery, criminal impersonation, or fraudulent representation has been made by a court with jurisdiction. (3) The surety bond shall require the surety to provide notice to the board within thirty days if payment is made from the surety bond or if the bond is cancelled. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 709, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-907 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 90 of 890 Uncertified Printout 12-10-718. Fees. The board may set the fees for issuance and renewal of licenses and registrations under this part 7. The fees shall be set in amounts that offset the direct and indirect costs of implementing this part 7 and section 38-40-105. The money collected pursuant to this section shall be transferred to the state treasurer, who shall credit it to the division of real estate cash fund created in section 12-10-215. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 709, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-908 as it existed prior to 2019. 12-10-719. Attorney general - district attorney - jurisdiction. The attorney general shall have concurrent jurisdiction with the district attorneys of this state to investigate and prosecute allegations of criminal violations of this part 7. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 709, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-909 as it existed prior to 2019. 12-10-720. Violations - injunctions. (1) (a) Any individual violating this part 7 by acting as a mortgage loan originator in this state without having obtained a license or by acting as a mortgage loan originator after that individual's license has been revoked or during any period for which the license may have been suspended is guilty of a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501; except that, if the violator is not a natural person, the violator shall be punished by a fine of not more than five thousand dollars. (b) Each residential mortgage loan negotiated or offered to be negotiated by an unlicensed person shall be a separate violation of this subsection (1). (2) The board may request that an action be brought in the name of the people of the state of Colorado by the attorney general or the district attorney of the district in which the violation is alleged to have occurred to enjoin a person from engaging in or continuing the violation or from doing any act that furthers the violation. In such an action, an order or judgment may be entered awarding the preliminary or final injunction as is deemed proper by the court. The notice, hearing, or duration of an injunction or restraining order shall be made in accordance with the Colorado rules of civil procedure. (3) A violation of this part 7 shall not affect the validity or enforceability of any mortgage. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 709, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-910 as it existed prior to 2019. 12-10-721. Prohibited conduct - influencing a real estate appraisal. (1) A mortgage loan originator shall not, directly or indirectly, compensate, coerce, or intimidate an appraiser, or Colorado Revised Statutes 2019 Page 91 of 890 Uncertified Printout attempt, directly or indirectly, to compensate, coerce, or intimidate an appraiser, for the purpose of influencing the independent judgment of the appraiser with respect to the value of a dwelling offered as security for repayment of a residential mortgage loan. This prohibition shall not be construed as prohibiting a mortgage loan originator from requesting an appraiser to: (a) Consider additional, appropriate property information; (b) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (c) Correct errors in the appraisal report. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 710, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-910.2 as it existed prior to 2019. 12-10-722. Rule-making authority. The board has the authority to promulgate rules as necessary to enable the board to carry out the board's duties under this part 7. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 710, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-910.3 as it existed prior to 2019. 12-10-723. Acts of employee - mortgage loan originator's liability. An unlawful act or violation of this part 7 upon the part of an agent or employee of a licensed mortgage loan originator shall not be cause for disciplinary action against a mortgage loan originator unless it appears that the mortgage loan originator knew or should have known of the unlawful act or violation or had been negligent in the supervision of the agent or employee. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 710, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-911.5 as it existed prior to 2019. 12-10-724. Dual status as real estate broker - requirements. (1) Unless a mortgage loan originator complies with both subsections (2) and (3) of this section, he or she shall not act as a mortgage loan originator in any transaction in which: (a) The mortgage loan originator acts or has acted as a real estate broker or salesperson; or (b) Another person doing business under the same licensed real estate broker acts or has acted as a real estate broker or salesperson. (2) Before providing mortgage-related services to the borrower, a mortgage loan originator shall make a full and fair disclosure to the borrower, in addition to any other disclosures required by this part 7 or other laws, of all material features of the loan product and all facts material to the transaction. Colorado Revised Statutes 2019 Page 92 of 890 Uncertified Printout (3) (a) A real estate broker or salesperson licensed under part 2 of this article 10 who also acts as a mortgage loan originator shall carry on the mortgage loan originator business activities and shall maintain the person's mortgage loan originator business records separate and apart from the real estate broker or sales activities conducted pursuant to part 2 of this article 10. The activities shall be deemed separate and apart even if they are conducted at an office location with a common entrance and mailing address if: (I) Each business is clearly identified by a sign visible to the public; (II) Each business is physically separated within the office facility; and (III) No deception of the public as to the separate identities of the broker business firms results. (b) This subsection (3) shall not require a real estate broker or salesperson licensed under part 2 of this article 10 who also acts as a mortgage loan originator to maintain a physical separation within the office facility for the conduct of its real estate broker or sales and mortgage loan originator activities if the board determines that maintaining the physical separation would constitute an undue financial hardship upon the mortgage loan originator and is unnecessary for the protection of the public. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 710, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-912 as it existed prior to 2019. 12-10-725. Written disclosure of fees and costs - contents - limits on fees - rules. (1) A mortgage loan originator's disclosures must comply with all applicable requirements of: (a) The federal "Truth in Lending Act", 15 U.S.C. sec. 1601 et seq., and Regulation Z, 12 CFR 226 and 12 CFR 1026; (b) The federal "Real Estate Settlement Procedures Act of 1974", 12 U.S.C. sec. 2601 et seq., and Regulation X, 12 CFR 1024 et seq.; (c) The federal "Equal Credit Opportunity Act", 15 U.S.C. sec. 1691 and Regulation B, 12 CFR 202.9, 202.11, and 202.12 and 12 CFR 1002; (d) Title V, Subtitle A of the federal "Financial Services Modernization Act of 1999", also known as the "Gramm-Leach-Bliley Act", 15 U.S.C. secs. 6801 to 6809, and the federal trade commission's privacy rules, 16 CFR 313 and 314, adopted in accordance with the federal "Gramm-Leach-Bliley Act"; (e) The federal "Home Mortgage Disclosure Act of 1975", 12 U.S.C. sec. 2801 et seq., and Regulation C, 12 CFR 203 and 12 CFR 1003, pertaining to home mortgage disclosure; (f) The "Federal Trade Commission Act" of 1914, 15 U.S.C. sec. 45 (a), and 16 CFR 233; (g) The federal "Telemarketing and Consumer Fraud and Abuse Prevention Act", 15 U.S.C. secs. 6101 to 6108, and the federal trade commission's telemarketing sales rule, 16 CFR 310. (2) The board may, by rule, require mortgage loan originators to comply with other mortgage loan disclosure requirements contained in applicable statutes and regulations in connection with making any residential mortgage loan or engaging in other activity subject to this part 7. Colorado Revised Statutes 2019 Page 93 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 711, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-914 as it existed prior to 2019. 12-10-726. Fee, commission, or compensation - when permitted - amount. (1) Except as otherwise permitted by subsection (2) or (3) of this section, a mortgage loan originator shall not receive a fee, commission, or compensation of any kind in connection with the preparation or negotiation of a residential mortgage loan unless a borrower actually obtains a loan from a lender on the terms and conditions agreed to by the borrower and mortgage loan originator. (2) If the mortgage loan originator has obtained for the borrower a written commitment from a lender for a loan on the terms and conditions agreed to by the borrower and the mortgage loan originator, and the borrower fails to close on the loan through no fault of the mortgage loan originator, the mortgage loan originator may charge a fee, not to exceed three hundred dollars, for services rendered, preparation of documents, or transfer of documents in the borrower's file that were prepared or paid for by the borrower if the fee is not otherwise prohibited by the federal "Truth in Lending Act", 15 U.S.C. sec. 1601, and Regulation Z, 12 CFR 226, as amended. (3) A mortgage loan originator may solicit or receive fees for third-party provider goods or services in advance. Fees for any goods or services not provided shall be refunded to the borrower, and the mortgage loan originator may not charge more for the goods and services than the actual costs of the goods or services charged by the third-party provider. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 712, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-915 as it existed prior to 2019. 12-10-727. Confidentiality. (1) Except as otherwise provided in the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5111, the requirements under any federal law or law of this state regarding privacy or confidentiality of any information or material provided to the nationwide mortgage licensing system and registry, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to the information or material, shall apply to the information or material after it has been disclosed to the nationwide mortgage licensing system and registry. The information or material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or confidentiality protections provided by federal or state law. (2) The board may enter into agreements with other government agencies, the Conference of State Bank Supervisors or its successor organization, the American Association of Residential Mortgage Regulators or its successor organization, or other associations representing government agencies as established by rule. (3) Information or material that is subject to privilege or confidentiality pursuant to subsection (1) of this section shall not be subject to the following: Colorado Revised Statutes 2019 Page 94 of 890 Uncertified Printout (a) Disclosure under a federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or the respective state; or (b) Subpoena, discovery, or admission into evidence in any private civil action or administrative process, unless with respect to a privilege held by the nationwide mortgage licensing system and registry regarding the information or material, the person to whom the information or material pertains waives the privilege, in whole or in part. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 712, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-916 as it existed prior to 2019. 12-10-728. Mortgage call reports - reports of violations. (1) The board may require each licensee or registrant to submit to the nationwide mortgage licensing system and registry mortgage call reports, which shall be in the form and contain the information required by the nationwide mortgage licensing system and registry. (2) The board may report violations of this part 7, enforcement actions, and other relevant information to the nationwide mortgage licensing system and registry. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 713, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-917 as it existed prior to 2019. 12-10-729. Unique identifier - clearly displayed. Each person required to be licensed or registered shall show his or her or the entity's unique identifier clearly on all residential mortgage loan application forms and any other documents as specified by the board by rule or order. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 713, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-918 as it existed prior to 2019. 12-10-730. Repeal of part - subject to review. (1) This part 7 is repealed, effective September 1, 2029. (2) Before the repeal, the licensing of mortgage loan originators and the registration of mortgage companies is scheduled for review in accordance with section 24-34-104. The department shall include in its review of mortgage loan originators and mortgage companies an analysis of the number and types of complaints made about mortgage loan originators and mortgage companies and whether the licensing of mortgage loan originators and the registration of mortgage companies correlates with public protection from fraudulent activities in the residential mortgage loan industry. Colorado Revised Statutes 2019 Page 95 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 713, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-919 as it existed prior to 2019. PART 8 HOA INFORMATION AND RESOURCE CENTER 12-10-801. HOA information and resource center - creation - duties - rules - subject to review - repeal. (1) There is hereby created, within the division, the HOA information and resource center, the head of which shall be the HOA information officer. The HOA information officer shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution. (2) The HOA information officer shall be familiar with the "Colorado Common Interest Ownership Act", article 33.3 of title 38, also referred to in this section as the "act". No person who is or, within the immediately preceding ten years, has been licensed by or registered with the division or who owns stocks, bonds, or any pecuniary interest in a corporation subject in whole or in part to regulation by the division shall be appointed as HOA information officer. In addition, in conducting the search for an appointee, the executive director shall place a high premium on candidates who are balanced, independent, unbiased, and without any current financial ties to an HOA board or board member or to any person or entity that provides HOA management services. After being appointed, the HOA information officer shall refrain from engaging in any conduct or relationship that would create a conflict of interest or the appearance of a conflict of interest. (3) (a) The HOA information officer shall act as a clearing house for information concerning the basic rights and duties of unit owners, declarants, and unit owners' associations under the act by: (I) Compiling a database about registered associations, including the name; address; email address, if any; website, if any; and telephone number of each; (II) Coordinating and assisting in the preparation of educational and reference materials, including materials to assist unit owners, executive boards, board members, and association managers in understanding their rights and responsibilities with respect to: (A) Open meetings; (B) Proper use of executive sessions; (C) Removal of executive board members; (D) Unit owners' right to speak at meetings of the executive board; (E) Unit owners' obligation to pay assessments and the association's rights and responsibilities in pursuing collection of past-due amounts; and (F) Other educational or reference materials that the HOA information officer deems necessary or appropriate; (III) Monitoring changes in federal and state laws relating to common interest communities and providing information about the changes on the division's website; and Colorado Revised Statutes 2019 Page 96 of 890 Uncertified Printout (IV) Providing information, including a "frequently asked questions" resource, on the division's website. (b) The HOA information officer may: (I) Employ one or more assistants as may be necessary to carry out his or her duties; and (II) Request certain records from associations as necessary to carry out the HOA information officer's duties as set forth in this section. (c) The HOA information officer shall track inquiries and complaints and report annually to the director regarding the number and types of inquiries and complaints received. (4) The operating expenses of the HOA information and resource center shall be paid from the division of real estate cash fund, created in section 12-10-215, subject to annual appropriation. (5) The director may adopt rules as necessary to implement this section and section 3833.3-401. This subsection (5) shall not be construed to confer additional rule-making authority upon the director for any other purpose. (6) This section is repealed, effective September 1, 2020. Before the repeal, the HOA information and resource center and the HOA information officer's powers and duties under this section are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 713, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-406.5 as it existed prior to 2019. PART 9 HOME WARRANTY SERVICE CONTRACTS 12-10-901. Definitions. As used in this part 9, unless the context otherwise requires: (1) "Home warranty service company", referred to in this part 9 as the "company", means any person who undertakes a contractual obligation on a new or preowned home through a home warranty service contract. (2) (a) "Home warranty service contract" means any contract or agreement whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home: (I) Structural components, such as the roof, foundation, basement, walls, ceilings, or floors; (II) Utility systems, such as electrical, air conditioning, plumbing, and heating systems, including furnaces; and (III) Appliances, such as stoves, washers, dryers, and dishwashers. (b) "Home warranty service contract" does not include: (I) Any contract or agreement whereby a public utility undertakes for a predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (2)(a)(II) or (2)(a)(III) of this section; or Colorado Revised Statutes 2019 Page 97 of 890 Uncertified Printout (II) A builder's warranty provided in connection with the sale of a new home. (3) "Person" includes an individual, company, corporation, association, agent, and every other legal entity. (4) "Preowned" means a single-family residence, residential unit in a multiple-dwelling structure, or mobile home on a foundation that is occupied as a residence and not owned by the builder-developer or first occupant. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 715, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-602 as it existed prior to 2019. 12-10-902. Purchase of service contract not compulsory. A company selling, offering to sell, or effecting the issuance of a home warranty service contract under this part 9 shall not in any manner require a home buyer or seller, or prospective home buyer or seller, or person refinancing a home to purchase a home warranty service contract. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 716, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-611 as it existed prior to 2019. 12-10-903. Contract requirements. (1) Every home warranty service contract shall contain the following information: (a) A specific listing of all items or elements excluded from coverage; (b) A specific listing of all other limitations in coverage, including the exclusion of preexisting conditions if applicable; (c) The procedure that is required to be followed in order to obtain repairs or replacements; (d) A statement as to the time period, following notification to the company, within which the requested repairs will be made or replacements will be provided; (e) The specific duration of the home warranty service contract, including an exact termination date that is not contingent upon an unspecified future closing date or other indefinite event; (f) A statement as to whether the home warranty service contract is transferable; (g) A statement that actions under a home warranty service contract may be covered by the provisions of the "Colorado Consumer Protection Act" or the "Unfair Practices Act", articles 1 and 2 of title 6, and that a party to such a contract may have a right of civil action under those laws, including obtaining the recourse or penalties specified in those laws. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 716, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-611.5 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 98 of 890 Uncertified Printout 12-10-904. Penalty for violation. Any person who knowingly violates any provision of this part 9 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3501. Each instance of violation shall be considered a separate offense. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 716, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-612 as it existed prior to 2019. 12-10-905. Prohibitions. It is unlawful for any lending institution to require the purchase of home warranty insurance as a condition for granting financing for the purchase of the home. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 716, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-614 as it existed prior to 2019. 12-10-906. Repeal of part - subject to review. This part 9 is repealed, effective July 1, 2020. Before the repeal, this part 9 is scheduled for review in accordance with section 24-34104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 716, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-615 as it existed prior to 2019. DIVISION OF CONSERVATION ARTICLE 15 Division of Conservation Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 15 was numbered as part 11 of article 61 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. 12-15-101. Legislative declaration. (1) The general assembly finds, determines, and declares that: (a) Colorado's conservation easement program is an important preservation tool used to balance economic needs with natural resources such as land and water preservation. Colorado's conservation easement tax credit and the federal tax deduction have allowed many farmers and Colorado Revised Statutes 2019 Page 99 of 890 Uncertified Printout ranchers the opportunity to donate their development rights to preserve a legacy of open spaces in Colorado for wildlife, agriculture, and ranching. (b) Citizens throughout Colorado believe good, sound conservation practices are important to Colorado's quality of life, agriculture, and natural heritage; (c) Colorado's conservation easement tax credit program was designed to give landowners an incentive to conserve and preserve their land in a predominantly natural, scenic, or open condition; (d) Creating a division of conservation within the department of regulatory agencies will keep a firewall between professional evaluation and professional discipline, while creating a division to ensure this program allows landowners to exercise their private property rights while protecting taxpayers from the fraud and abuse that existed in the program prior to 2009; (e) Establishing the division of conservation to administer the conservation easement tax credit program will: (I) Allow the division to continue to certify conservation easement holders to identify fraudulent or unqualified organizations and prevent them from holding conservation easements for which tax credits are claimed in the state; (II) Allow the conservation easement oversight commission to advise the division and the department of revenue regarding conservation easements for which a tax credit is claimed and to review applications for conservation easement holder certification; (III) Ensure that the division and the department of revenue are sharing relevant information concerning conservation easement appraisals in order to ensure compliance with accepted appraisal practices and other provisions of law; and (IV) Ensure that the fees paid by taxpayers are adequate to pay for the administrative costs of the division and the conservation easement oversight commission in administering the requirements of this article 15, but not so high as to act as a disincentive to the creation of conservation easements in the state. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 717, § 1, effective October 1; (1)(e)(II) and (1)(e)(III) amended and (1)(e)(IV) added, (HB 19-1264), ch. 420, p. 3681, § 12, effective October 1. Editor's note: (1) This section is similar to former § 12-61-1101 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1264. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019. (3) Section 17 of chapter 420 (HB 19-1264), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-15-102. Division of conservation - creation - director. (1) There is hereby created within the department the division of conservation, referred to in this article 15 as the "division". The executive director is authorized by this section to employ, subject to the provisions of the state personnel system laws of the state, a director of the division, who in turn shall employ such Colorado Revised Statutes 2019 Page 100 of 890 Uncertified Printout deputies, clerks, and assistants as are necessary to discharge the duties imposed by this article 15. The division and the director of the division shall exercise their powers and perform their duties and functions under the department as if they were transferred to the department by a type 2 transfer. (2) It is the duty of the director of the division, or his or her designee, to aid in the administration and enforcement of this article 15 and to administer, in consultation with the conservation easement oversight commission, the certification of conservation easement holders and issuance of tax credit certificates as provided in this article 15. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 717, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-1102 as it existed prior to 2019. 12-15-103. Conservation easement oversight commission - created - repeal. (1) There is hereby created in the division a conservation easement oversight commission, referred to in this article 15 as the "commission". The commission shall exercise its powers and perform its duties and functions under the division as if transferred thereto by a type 2 transfer, as defined in the "Administrative Organization Act of 1968", article 1 of title 24. The commission consists of eight members as follows: (a) One member representing the great outdoors Colorado program, appointed by and serving as an advisory, nonvoting member at the pleasure of the state board of the great outdoors Colorado trust fund established in article XXVII of the state constitution; (b) One voting member representing the department of natural resources, appointed by and serving at the pleasure of the executive director of the department of natural resources; (c) One voting member representing the department of agriculture, appointed by and serving at the pleasure of the commissioner of agriculture; (d) Three voting members appointed by the governor as follows: (I) Two voting representatives of certified conservation easement holders; and (II) A voting individual who is competent and qualified to analyze the conservation purpose of conservation easements; and (e) Two voting members of the general public, one appointed by the president of the senate to serve at the pleasure of the president and one appointed by the speaker of the house of representatives to serve at the pleasure of the speaker. Appointments made pursuant to this subsection (1)(e) are for three-year terms and no member shall serve more than two consecutive terms. (2) In making appointments to the commission, the governor shall consult with the three members of the commission appointed pursuant to subsections (1)(a) to (1)(c) of this section and with appropriate organizations representing the particular interest or area of expertise that the appointees in subsections (1)(d)(I) and (1)(d)(II) of this section represent. Not more than two of the governor's appointees serving at the same time shall be from the same political party. In making the initial appointments, the governor shall appoint one member for a term of two years. All other appointments by the governor are for terms of three years. No member shall serve more than two consecutive terms. In the event of a vacancy by death, resignation, removal, or Colorado Revised Statutes 2019 Page 101 of 890 Uncertified Printout otherwise, the governor shall appoint a member to fill the unexpired term. The governor may remove any member for misconduct, neglect of duty, or incompetence. (3) (a) At the request of the division or the department of revenue, the commission shall advise the division and the department of revenue regarding conservation easements for which a state income tax credit is claimed pursuant to section 39-22-522. (b) The commission shall review conservation easement tax credit certificate applications and requests for optional preliminary advisory opinions in accordance with section 12-15-106. (4) The commission shall meet at least quarterly. The division shall convene the meetings of the commission and provide staff support as requested by the commission. A majority of the voting members of the commission constitutes a quorum for the transaction of all business, and actions of the commission require a vote of a majority of the voting members present in favor of the action taken. The commission may delegate to the director of the division the authority to act on behalf of the commission on occasions and in circumstances that the commission deems necessary for the efficient and effective administration and execution of the commission's responsibilities under this article 15. (5) The commission shall establish a conflict-of-interest policy to ensure that any member of the commission is disqualified from performing an act that conflicts with a private pecuniary interest of the member or from participating in the deliberation or decision-making process for certification for an applicant represented by the member. (6) The commission shall advise and make recommendations to the director of the division regarding the certification of conservation easement holders in accordance with section 12-15-104. (7) Commission members are immune from liability in accordance with the provisions of the "Colorado Governmental Immunity Act", article 10 of title 24. (8) This section is repealed, effective July 1, 2026. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 718, § 1, effective October 1; (8) amended, (HB 19-1264), ch. 420, p. 3681, § 13, effective October 1. Editor's note: (1) This section is similar to former § 12-61-1103 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1264. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019. (3) Section 17 of chapter 420 (HB 19-1264), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-15-104. Certification of conservation easement holders - rules - definition repeal. (1) The division shall, in consultation with the commission created in section 12-15-103, establish and administer a certification program for qualified organizations under section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, that hold conservation easements Colorado Revised Statutes 2019 Page 102 of 890 Uncertified Printout for which a tax credit is claimed pursuant to section 39-22-522. The purposes of the program are to: (a) Establish minimum qualifications for certifying organizations that hold conservation easements to encourage professionalism and stability; and (b) Identify fraudulent or unqualified applicants, as determined under the rules of the division, to prevent them from becoming certified by the program. (2) The division shall establish and accept applications for certification. The division shall conduct a review of each application and consider the recommendations of the commission before making a final determination to grant or deny certification. In reviewing an application and in granting certification, the division and the commission may consider: (a) The applicant's process for reviewing, selecting, and approving a potential conservation easement; (b) The applicant's stewardship practices and capacity, including the ability to maintain, monitor, and defend the purposes of the easement; (c) An audit of the applicant's financial records; (d) The applicant's system of governance and ethics regarding conflicts of interest and transactions with related parties as described in section 267 (b) of the federal "Internal Revenue Code of 1986", as amended, donors, board members, and insiders. For purposes of this subsection (2)(d), "insiders" means board and staff members, substantial contributors, parties related to those above, those who have an ability to influence decisions of the organization, and those with access to information not available to the general public. (e) Any other information deemed relevant by the division or the commission; and (f) The unique circumstances of the different entities to which this certification applies as set forth in subsection (4) of this section. (3) At the time of submission of an application, and each year the entity is certified pursuant to this section, the applicant shall pay the division a fee, as prescribed by the division, to cover the costs of the division and the commission in administering the certification program for entities that hold conservation easements for which tax credits are claimed pursuant to section 39-22-522. The division shall have the authority to accept and expend gifts, grants, and donations for the purposes of this section. The state treasurer shall credit fees, gifts, grants, and donations collected pursuant to this subsection (3) to the conservation cash fund created in section 12-15-107. On or before each January 1, the division shall certify to the general assembly the amount of the fee prescribed by the division pursuant to this subsection (3). (4) The certification program applies to: (a) Nonprofit entities holding easements on property with conservation values consisting of recreation or education, protection of environmental systems, or preservation of open space; (b) Nonprofit entities holding easements on property for historic preservation; and (c) The state and any municipality, county, city and county, special district, or other political subdivision of the state that holds an easement. (5) The certification program shall contain a provision allowing for the expedited or automatic certification of an entity that is currently accredited by national land conservation organizations that are broadly accepted by the conservation industry. (6) The commission shall meet at least quarterly and make recommendations to the division regarding the certification program. The division is authorized to determine whether an applicant for certification possesses the necessary qualifications for certification required by the Colorado Revised Statutes 2019 Page 103 of 890 Uncertified Printout rules adopted by the division. If the division determines that an applicant does not possess the applicable qualifications for certification or that the applicant has violated any provision of this article 15, the rules promulgated by the division, or any division order, the division may deny the applicant a certification or deny the renewal of a certification, and, in such instance, the division shall provide the applicant with a statement in writing setting forth the basis of the division's determination. The applicant may request a hearing on the determination as provided in section 24-4-104 (9). The division shall notify successful applicants in writing. An applicant that is not certified may reapply for certification in accordance with procedures established by the division. (7) The division shall promulgate rules to effectuate the duties of the commission pursuant to article 4 of title 24. The rules shall specifically address the following: (a) Allowing for the expedited or automatic certification of an entity that is currently accredited by national land conservation organizations that are broadly accepted by the conservation industry; and (b) A streamlined and lower-cost process for conservation easement holders that do not intend to accept new donations of conservation easements for which tax credits would be claimed that focuses on the holder's stewardship capabilities. (c) and (d) (Deleted by amendment, L. 2019.) (8) A conservation easement tax credit certificate application may be submitted pursuant to section 12-15-106 only if the entity has been certified in accordance with this section at the time the donation of the easement is made. The division shall make information available to the public concerning the date that it commences accepting applications for entities that hold conservation easements and the requirements of this subsection (8). (9) The division shall maintain and update an online list, accessible to the public, of the organizations that have applied for certification and whether each has been certified, rejected for certification, or had its certification revoked or suspended in accordance with this section. (10) The division may investigate the activities of any entity that is required to be certified pursuant to this section and to impose discipline for noncompliance, including the suspension or revocation of a certification or the imposition of fines. The division may promulgate rules in accordance with article 4 of title 24 for the certification program and discipline authorized by this section. (11) The division may subpoena persons and documents, which subpoenas may be enforced by a court of competent jurisdiction if not obeyed, for purposes of conducting investigations pursuant to subsection (10) of this section. (12) Nothing in this section: (a) Affects any tax credit that was claimed pursuant to section 39-22-522 before certification was required by this section; or (b) Requires the certification of an entity that holds a conservation easement for which a tax credit is not claimed pursuant to section 39-22-522. (13) This section is repealed, effective July 1, 2026. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 719, § 1, effective October 1; (7) and (13) amended, (HB 19-1264), ch. 420, p. 3682, § 14, effective October 1. Colorado Revised Statutes 2019 Page 104 of 890 Uncertified Printout Editor's note: (1) This section is similar to former § 12-61-1104 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1264. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019. (3) Section 17 of chapter 420 (HB 19-1264), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-15-105. Conservation easement tax credit certificates - rules. (1) The division shall receive tax credit certificate applications from and issue certificates to landowners for income tax credits for conservation easements donated on or after January 1, 2011, in accordance with section 39-22-522 (2.5) and this article 15. Nothing in this section restricts or limits the authority of the division to enforce this article 15. The division may promulgate rules in accordance with article 4 of title 24 for the issuance of the certificates. In promulgating rules, the division may include provisions governing: (a) The review of the tax credit certificate application pursuant to this article 15; (b) The administration and financing of the certification process; (c) The notification to the public regarding the aggregate amount of tax credit certificates that have been issued and that are on the wait list pursuant to section 39-25-522 (2.5); (d) The notification to the landowner, the entity to which the easement was granted, and the department of revenue regarding the tax credit certificates issued; and (e) Any other matters related to administering section 39-22-522 (2.5) or this article 15. (2) The division shall apply the amount claimed in a completed tax credit certificate application against the annual tax credit limit in the order that completed applications are received. The division shall apply claimed tax credit amounts that exceed the annual limit in any year against the limit for the next available year and issue tax credit certificates for use in the year in which the amount was applied to the annual limit. (3) The division shall not issue tax credit certificates that in aggregate exceed the limit set forth in section 39-22-522 (2.5) during a particular calendar year. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 722, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-1105 as it existed prior to 2019. 12-15-106. Conservation easement tax credit certificate application process definitions - rules. (1) For purposes of this section: (a) "Application" means an application for a tax credit certificate submitted pursuant to section 12-15-105 or this section. (b) "Conservation purpose" means conservation purpose as defined in section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section. Colorado Revised Statutes 2019 Page 105 of 890 Uncertified Printout (c) "Credibility" means the results are worthy of belief and are supported by relevant evidence and logic to the degree necessary for the intended use. (d) "Deficiency" means noncompliance with a requirement for obtaining a tax credit certificate that, unless the noncompliance is remedied, is grounds for the denial of a tax credit certificate application submitted pursuant to this section. (e) "Director" means the director of the division of conservation or his or her designee. (f) "Landowner" means the record owner of the surface of the land and, if applicable, owner of the water or water rights beneficially used thereon who creates a conservation easement in gross pursuant to section 38-30.5-104. (g) "Tax credit certificate" means the conservation easement tax credit certificate issued pursuant to section 12-15-105 and this section. (2) (a) The division shall establish and administer a process by which a landowner seeking to claim an income tax credit for any conservation easement donation made on or after January 1, 2014, must apply for a tax credit certificate as required by section 39-22-522 (2.5) and (2.7). The purpose of the application process is to determine whether a conservation easement donation for which a tax credit will be claimed: (I) Is a contribution of a qualified real property interest to a qualified organization to be used exclusively for a conservation purpose; (II) Is substantiated with a qualified appraisal prepared by a qualified appraiser in accordance with the substance and principles of uniform standards of professional appraisal practice or an alternative method acceptable to the division of conservation and the conservation easement oversight commission; and (III) Complies with the requirements of this section. (b) The landowner has the burden of proof regarding compliance with all applicable laws, rules, and regulations. (3) For the purpose of reviewing applications and making determinations regarding the issuance of tax credit certificates, including the dollar amount of the tax credit certificate to be issued: (a) Division staff shall review each application and advise and make recommendations to the director and the commission regarding the application. (b) The director has authority and responsibility to determine the credibility of the appraisal. In determining credibility, the director shall consider, at a minimum, compliance with the following requirements: (I) The appraisal for a conservation easement donation for which a tax credit is claimed pursuant to section 39-22-522 is a qualified appraisal from a qualified appraiser, as defined in section 170 (f) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section; (II) The appraisal conforms with the substance and principles of the uniform standards of professional appraisal practice promulgated by the Appraisal Standards Board of the Appraisal Foundation and any other provision of law; and (III) The appraiser holds a valid license as a certified general appraiser in accordance with part 6 of article 10 of this title 12. (IV) Repealed. (c) The director has the authority and responsibility to determine compliance with the requirements of section 12-15-104. Colorado Revised Statutes 2019 Page 106 of 890 Uncertified Printout (d) The commission has the authority and responsibility to determine whether a conservation easement donation for which a tax credit is claimed pursuant to section 39-22-522 is a qualified conservation contribution as defined in section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section. (4) The department of revenue is not authorized to disallow a conservation easement tax credit based on any requirements that are under the jurisdiction of the division, the director, or the commission pursuant to this section. (5) A complete tax credit certificate application must be made by the landowner to the division and must include: (a) A copy of the final conservation easement appraisal; (b) A copy of the recorded deed granting the conservation easement; (c) Documentation supporting the conservation purpose of the easement; (d) Any other information or documentation the director or the commission deems necessary to make a final determination regarding the application; and (e) The fee required pursuant to subsection (6) of this section. (6) A landowner submitting an application for a tax credit certificate pursuant to this section or an application for an optional preliminary advisory opinion pursuant to subsection (14) of this section shall pay the division a fee as prescribed by the division. The application fee for an optional preliminary advisory opinion may be a different dollar amount than the application fee for a tax credit certificate. The fees must be adequate to pay for the administrative costs of the division and the commission in administering the requirements of this section, but not so high as to act as a disincentive to the creation of conservation easements in the state. The state treasurer shall credit the fees collected pursuant to this subsection (6) to the conservation cash fund created in section 12-15-107. On or before January 1, 2014, and on or before each January 1 thereafter, the division shall certify to the general assembly the amount of any fees prescribed by the division pursuant to this subsection (6). (7) (a) If, during the review of an application for a tax credit certificate, the director or the commission identifies any potential deficiencies, the director or commission shall document the potential deficiencies in a letter sent to the landowner by first-class mail. The division shall send letters documenting potential deficiencies to landowners in a timely manner so that the number of days between the date a completed application is received by the division and the mailing date of the division's letter to the landowner does not exceed one hundred twenty days. (b) The landowner has sixty days after the mailing date of the division's letter to address the potential deficiencies identified by the director and the commission and provide additional information or documentation that the director or the commission deems necessary to make a final determination regarding the application. (c) The director and the commission have ninety days after the date of receipt of any additional information or documentation provided by the landowner to review the information and documentation and make a final determination regarding the application. (d) The deadlines prescribed by this subsection (7) may be extended upon mutual agreement between the director and the commission and the landowner. (8) The director or the commission may deny an application if the landowner: (a) Has not demonstrated to the satisfaction of the director or the commission that the application complies with any requirement of this article 15; Colorado Revised Statutes 2019 Page 107 of 890 Uncertified Printout (b) Does not provide the information and documentation required pursuant to this article 15; or (c) Fails to timely respond to any written request or notice from the division, the director, or the commission. (9) If the director reasonably believes that any appraisal submitted in accordance with this section is not credible, the director, after consultation with the commission, may request that the landowner, at the landowner's expense, obtain either a second appraisal or a review of the appraisal submitted with the application from an appraiser who meets the requirements of part 6 of article 10 of this title 12 and is in good standing with the board of real estate appraisers before making a final determination regarding the application. (10) If the director and the commission do not identify any potential deficiencies with an application, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105 in a timely manner so that the number of days between the date a completed application is received by the division and the date the tax credit certificate is issued does not exceed one hundred twenty days. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39. (11) (a) If all potential deficiencies that have been identified are subsequently addressed to the satisfaction of the director and the commission, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39. (b) If any potential deficiencies that have been identified are not subsequently addressed to the satisfaction of the director and the commission, the division shall issue a written denial of the application to the landowner documenting those deficiencies that were the specific basis for the denial. The division shall date the written denial and send it by first-class mail to the landowner at the address provided by the landowner on the application. The director may act on behalf of the commission for purposes of administering the process for issuing approvals and denials of applications and for administering subsection (12) of this section. (12) (a) The landowner may appeal to the director either the director's or the commission's denial of an application, in writing, within thirty days after the issuance of the denial. This written appeal constitutes a request for an administrative hearing. (b) If the landowner fails to appeal the denial of an application within thirty days after the issuance of the denial, the denial becomes final, and the division shall not issue a tax credit certificate to the landowner. (c) Administrative hearings must be conducted in accordance with section 24-4-105. At the discretion of the director, hearings may be conducted by an authorized representative of the director or the commission or an administrative law judge from the office of administrative courts in the department of personnel. All hearings must be held in the county where the division is located unless the director designates otherwise. The decision of the director or the commission is subject to judicial review by the court of appeals and is subject to the provisions of section 24-4-106. (d) In conducting settlement discussions with a landowner, the director and the commission may compromise on any of the deficiencies identified in the application and supporting documentation, including the dollar amount of the tax credit certificate to be issued. Colorado Revised Statutes 2019 Page 108 of 890 Uncertified Printout The director shall place on file in the division a record of any compromise and the reasons for the compromise. (e) The director may promulgate rules pursuant to article 4 of title 24 to effectuate the purposes of this subsection (12). (13) (a) Commencing with the 2014 calendar year, and for each calendar year thereafter, the division shall create a report, which shall be made available to the public, containing the following aggregate information: (I) The total number of tax credit certificate applications received, approved, and denied in accordance with this section, along with average processing times; (II) For applications approved in accordance with this section: (A) The total acreage under easement summarized by the allowable conservation purposes as defined in section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section; (B) The total appraised value of the easements; (C) The total donated value of the easements; and (D) The total dollar amount of tax credit certificates issued. (b) The division may include additional easement-specific information in the public report that, notwithstanding the provisions of this article 15 or any other law to the contrary, would otherwise be publicly available. (c) The director is authorized to share publicly available information regarding conservation easements with a third-party vendor for the purpose of developing and maintaining a registry of conservation easements in the state with a corresponding map displaying the boundaries of each easement in the state relative to county boundaries and other relevant mapping information. For purposes of this subsection (13)(c), "publicly available information" means any document showing evidence of its recordation in the records of a county clerk and recorder or other information readily available to the general public. Prior to sharing the information, the director shall consult with the commission regarding the appropriate types of information and the methods used for collecting the information. The department of regulatory agencies shall annually report on the information contained in the registry as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The information to be shared shall include the following: (I) Any deeds, contracts, or other instruments creating, assigning, or terminating the easement, including the reception numbers on all instruments; (II) The location and acreage of each easement, delineated by county; (III) The name of the original grantor of the easement and the name of the original grantee of the easement; (IV) Whether the holder of the easement is a certified organization pursuant to section 12-15-104; (V) The conservation purposes of the easement; and (VI) If a tax credit was issued. (14) (a) In addition to the tax credit certificate application process set forth in this section, a landowner may submit a proposed conservation easement donation to the division to obtain an optional preliminary advisory opinion regarding the transaction. The opinion may Colorado Revised Statutes 2019 Page 109 of 890 Uncertified Printout address the proposed deed of conservation easement, appraisal, conservation purpose, or other relevant aspect of the transaction. (b) The division, the director, and the commission shall review the information and documentation provided in a manner consistent with the scope of their authority and responsibilities for reviewing tax credit certificate applications as outlined in subsection (3) of this section and issue either a favorable opinion or a nonfavorable opinion. (c) The director or the commission may request that the landowner submit additional information or documentation that the director or the commission deems necessary to complete the review and issue an opinion. (d) A nonfavorable opinion shall set forth any potential deficiencies identified by the director or the commission and that fall within the scope of the director's and the commission's review of the conservation easement transaction. The preliminary opinion is advisory only and is not binding for any purpose upon the division, the director, the commission, or the department of revenue. (14.5) (a) The division shall convene a working group in conjunction with the department of law and the department of revenue to develop proposed statutes and regulations for the following: (I) An alternative method to the appraisal process set forth in section 39-22-522 (3.3) to establish the amount of tax credits for which a qualified conservation easement contribution would be eligible; (II) A process to provide retroactive tax credits, payments, or refunds to taxpayers who claimed credits pursuant to section 39-22-522 between January 1, 2000, and December 31, 2013, and whose tax credits were denied in whole or in part, including the development of eligibility criteria for receiving such retroactive tax credits, payments, or refunds; and (III) Recommendations for administering orphaned conservation easements. (b) The working group shall consist of eight members. The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint two members to the working group prior to June 1, 2019. In making appointments, consideration should be given to appointing individuals who are certified easement holders, taxpayers who have considered conveying a conservation easement or conveyed a conservation easement and claimed a tax credit, conservation easement appraisers, and conservation attorneys. The working group shall convene its first meeting in a hearing room at the state capitol building at 9:00 a.m. on June 25, 2019. The working group shall select a chairperson at the first meeting. At each meeting of the working group, it shall designate the date, place, and time of its next meeting. (c) The working group shall submit a report to the rural affairs and agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate by no later than December 1, 2019. The report must include any recommendations for legislation or rule-making to address the issues addressed pursuant to this subsection (14.5). (15) The division may promulgate rules to effectuate the purpose, implementation, and administration of this section pursuant to article 4 of title 24. The authority to promulgate rules includes the authority to: (a) Define further in rule the administrative processes and requirements, including application processing and review time frames, for obtaining and issuing an optional preliminary advisory opinion pursuant to subsection (14) of this section; and Colorado Revised Statutes 2019 Page 110 of 890 Uncertified Printout (b) Adopt best practices, processes, and procedures used by other entities that regularly review conservation easement transactions, including a practice, process, or procedure deeming qualified conservation easement appraisals approved by these entities based on their independent reviews as credible for purposes of the conservation easement tax credit. (16) Notwithstanding the provisions of the "Colorado Open Records Act", part 2 of article 72 of title 24, the division, the director, and the commission shall deny the right of public inspection of any documentation or other record related to information obtained as part of an individual landowner's application for a tax credit certificate or an optional preliminary advisory opinion pursuant to the requirements of this section, including documentation or other records related to administrative hearings and settlement discussions held pursuant to subsection (12) of this section. The division, the director, and the commission may share documentation or other records related to information obtained pursuant to this section with the department of revenue. (17) Nothing in this section affects any tax credit that is claimed or used pursuant to section 39-22-522 for conservation easement donations occurring prior to January 1, 2014. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 723, § 1, effective October 1; (2)(a)(II), (3)(b)(II), IP(13)(c), and (15) amended, (3)(b)(IV) repealed, and (14.5) added, (HB 19-1264), ch. 420, p. 3682, § 15, effective October 1. Editor's note: (1) This section is similar to former § 12-61-1106 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1264. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019. (3) Section 17 of chapter 420 (HB 19-1264), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-15-107. Conservation cash fund. There is hereby created in the state treasury the conservation cash fund, which consists of any money transferred pursuant to sections 12-15-104 and 12-15-106 and any gifts, grants, and donations provided to carry out the purposes of this article 15. All money in the fund shall be used as provided in this article 15. Interest earned on the fund shall remain in the fund and shall not be deposited in or transferred to the general fund or any other fund. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 729, § 1, effective October 1. Editor's note: This section is similar to former § 12-61-1107 (1) as it existed prior to 2019. DIVISION OF PROFESSIONS AND OCCUPATIONS ARTICLE 20 Colorado Revised Statutes 2019 Page 111 of 890 Uncertified Printout Division of Professions and Occupations Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 20 contains provisions from several former C.R.S. sections of this title 12 and article 34 of title 24, as they existed prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. PART 1 GENERAL PROVISIONS 12-20-101. Scope. This article 20 applies to every article in this title 12 except articles 10 and 15 and except to the extent otherwise specified in this article 20 or another part or article of this title 12. The requirements of this article 20 are in addition to the requirements established in any other part or article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 729, § 1, effective October 1. 12-20-102. Definitions. As used in this title 12, unless the context otherwise requires: (1) "Applicant" means a person applying, pursuant to a part or article of this title 12, for a new license, certification, or registration or to renew, reinstate, or reactivate a license, certification, or registration that is authorized pursuant to that part or article. (2) "Board" means a board created within the division by a part or article of this title 12 that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article. (3) "Certificate" or "certification" means a credential that demonstrates that a person has the qualifications required by a part or article of this title 12 to practice the profession or occupation regulated by that part or article. (4) "Certificate holder" or "certificant" means a person that has a valid certificate. (5) "Commission" means a commission created within the division by a part or article of this title 12 that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article. (6) "Director" means the director of the division or the director's designee. (7) "Division" means the division of professions and occupations created in the department pursuant to section 12-20-103. (8) "Law" means the federal and state constitutions, statutes, rules, and case law. (9) "License" means a grant of authority issued by the director or a board or commission pursuant to a part or article of this title 12 that authorizes a person to engage in a profession or occupation regulated by that part or article. (10) "Licensee" means a person regulated by a part or article of this title 12 that is licensed pursuant to that part or article. Colorado Revised Statutes 2019 Page 112 of 890 Uncertified Printout (11) "Register" means to record the information required by a part or article of this title 12 in the form and manner determined by the regulator that regulates the practice of a profession or occupation pursuant to that part or article. "Registered" and "registration" have corresponding meanings. (12) "Registrant" means a person that is currently registered. (13) "Regulate" means to subject a person to a requirement, including a requirement to obtain a license, certification, or registration, pursuant to a part or article of this title 12 and rules adopted pursuant to that part or article of this title 12 in order to practice a profession or occupation. "Regulation" has a corresponding meaning. (14) "Regulator" means, within a particular part or article of this title 12, the director or a board or commission, as appropriate, that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 729, § 1, effective October 1. 12-20-103. Division of professions and occupations - creation - duties of division and department head - office space - per diem for board or commission members - review of functions. (1) Division created. (a) There is hereby created a division of professions and occupations in the department of regulatory agencies, the head of which is the director of professions and occupations. The executive director of the department shall appoint the director in accordance with section 13 of article XII of the state constitution. Except as provided in subsection (1)(b) of this section, the director shall appoint other personnel as necessary for the efficient operation of the division. (b) 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) Supervision and support. The division has supervision and control of the type 2 entities within the division pursuant to the "Administrative Organization Act of 1968", article 1 of title 24. For type 1 entities, the division shall provide necessary management support. (3) Approval of rules. The supervision and control of, and the management support for, boards, commissions, and programs by the department of regulatory agencies and the division also includes the approval or disapproval of rules of the boards, commissions, and director relating to the examination and licensure, certification, or registration of applicants to ensure that the rules are fair and impartial. (4) Staff. Subject to subsection (1) of this section, each board, commission, or program may employ and pay out of money 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. All salaries to be paid to the employees and subordinate officers shall be within the appropriation made therefor by the general assembly. (5) Office space. (a) Each board, commission, and program shall be provided with suitable offices in the capitol buildings group if space is available in any of the buildings and, if not, then in a suitable office building in the city and county of Denver selected by the executive Colorado Revised Statutes 2019 Page 113 of 890 Uncertified Printout director of the department of personnel. It is lawful and proper for two or more of the boards, commissions, or programs to be assigned space in the same office room or suite, if the 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 the boards, commissions, or programs so grouped or joined. (b) Each board, commission, or program to which office space is provided shall pay into the general fund of the state, out of the money the general assembly appropriates to the division for use by the board, commission, or program, a monthly or annual charge for rental, heat, light, telephone, collection, legal, and other state services made available to the board, commission, or program. The executive director of the department of personnel, with the approval of the executive director of the department of regulatory agencies, may fix the amount of the charges, which must not be more than twenty-five percent of the money appropriated by the general assembly to the division for use by a board, commission, or program. (6) Per diem. Notwithstanding any law to the contrary, each member of a board or commission is entitled to receive a per diem allowance of fifty dollars for each day spent in attendance at board or commission meetings, hearings, or examinations and to be reimbursed for actual and necessary expenses incurred in the discharge of the member's 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 money from the division of professions and occupations cash fund, created in section 12-20-105 (3), 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. (7) Periodic evaluation of division functions. The department of regulatory agencies shall analyze and evaluate the division and its functions as set forth in this title 12. 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 title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 730, § 1, effective October 1. Editor's note: Subsection (1) is similar to former § 24-34-102 (1); subsection (2) is similar to former § 24-34-102 (2); subsection (3) is similar to former § 24-34-102 (3); subsection (4) is similar to former § 24-34-102 (4); subsection (5)(a) is similar to former § 24-34-102 (5); subsection (5)(b) is similar to former § 24-34-102 (6); subsection (6) is similar to former § 2434-102 (13); and subsection (7) is similar to former § 24-34-102 (15), as those sections existed prior to 2019. 12-20-104. Excise tax on renewal fees - report to joint budget committee definition. (1) Notwithstanding any provision of law to the contrary, there is imposed, and the executive director shall collect, an excise tax of one dollar for each year of the renewal period Colorado Revised Statutes 2019 Page 114 of 890 Uncertified Printout upon the payment of renewal fees that are required to be paid by individuals for the renewal of a license, registration, or certificate granting the individual authority or permission from the state to continue the practice of a profession or occupation; except that the excise tax shall not be imposed on the renewal fee paid by nurse aides pursuant to section 12-260-111. (2) For the purposes of this section, "renewal fees" includes all fees for the renewal, reinstatement, and continuation of a license, registration, or certificate for the practice of a profession or occupation in this state as provided in section 12-20-202 (1) and (2). "Renewal fees" does not include fees paid for initial licensure, registration, or certification; application fees; examination fees; penalty late fees; duplicate license fees; regulator action fees; verification fees; license change fees; fees for the verification of licensure, registration, or certification status to other states; electrical inspection permit fees; plumbing inspection fees; and fees for certification of grades. (3) Money collected pursuant to subsection (1) of this section shall be credited to the legal defense account created within the division of professions and occupations cash fund pursuant to section 12-20-105 (5). (4) On October 1 of each year, the executive director shall report to the joint budget committee the amount of money credited to the legal defense account created within the division of professions and occupations cash fund pursuant to subsection (3) of this section for the preceding fiscal year. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 732, § 1, effective October 1. Editor's note: This section is similar to former § 24-34-104.4 as it existed prior to 2019. 12-20-105. Fee adjustments - division of professions and occupations cash fund created - legal defense account created - definition. (1) This section applies to all activities of the division and all regulators. (2) (a) The director shall propose, as part of the division's annual budget request, an adjustment in the amount of each fee that each regulator is authorized by law to collect. The budget request and the adjusted fees for each regulator must reflect direct and indirect costs that are appropriated in the annual general appropriation act. (b) (I) Except as otherwise provided in subsection (2)(b)(II) of this section, based upon the appropriation made and subject to the approval of the executive director, each regulator shall adjust the fees the regulator is authorized by law to collect so that the revenue generated from the fees approximates its direct and indirect costs. (II) The costs of the state board of psychologist examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of social work examiners, the state board of registered psychotherapists, and the state board of addiction counselor examiners shall be considered collectively in the renewal feesetting process. Subsequent revenue generated by the fees set by the boards plus revenues generated pursuant to section 12-245-703 shall be compared to those collective costs to determine recovery of direct and indirect costs. (III) The fees set pursuant to this subsection (2)(b) remain in effect for the fiscal year for which the budget request applies. Colorado Revised Statutes 2019 Page 115 of 890 Uncertified Printout (3) All fees collected by a regulator, not including any fees retained by contractors as established pursuant to section 24-34-101 (10), shall be transmitted to the state treasurer, who shall credit them to the division of professions and occupations cash fund, which fund is hereby created. All money credited to the division of professions and occupations cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund. (4) Any fees established pursuant to section 24-34-101 (10) or (11) may be received by a contractor and retained as payment for the costs of examination or other services rendered pursuant to the contract with the executive director. Fees retained by a contractor and not collected by the state or deposited with the state treasurer are not subject to article 36 of title 24. (5) (a) The excise tax collected pursuant to section 12-20-104 shall be credited to the legal defense account, which account is hereby created within the division of professions and occupations cash fund. The excise tax is the sole source of funding for the account, and no other fee or portion of a fee collected by a regulator and credited to the division of professions and occupations cash fund shall be deposited in or transferred to the account. The account shall be used to supplement revenues received by the division but shall only be used for the purpose of paying legal expenses incurred by a regulator. Upon a determination of the need of a regulator for additional revenues for the payment of legal expenses, the director may authorize the allocation of revenues from the legal defense account to a regulator for legal expenses. (b) For purposes of this subsection (5), "legal expenses" includes costs relating to holding administrative hearings and charges for legal services provided by the department of law, administrative law judge services, investigative services, expert witnesses, and consultants. (6) Each July 1, whenever money appropriated to the division for the activities of a regulator for the prior fiscal year is unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the regulator. If a supplemental appropriation is made to the division for the activities of a regulator, the fees of the regulator, when adjusted for the fiscal year following the fiscal year in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Money appropriated to the division in the annual long appropriation bill shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the regulators. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 733, § 1, effective October 1. Editor's note: This section is similar to former § 24-34-105 as it existed prior to 2019. PART 2 GENERAL POWERS AND DUTIES OF DIVISION, BOARDS, AND COMMISSIONS 12-20-201. Payment of fees - condition of licensure, certification, or registration. The division shall not license, certify, or register a person who has applied to, and has otherwise Colorado Revised Statutes 2019 Page 116 of 890 Uncertified Printout satisfied the requirements for licensure, certification, or registration by, a regulator until the applicant has paid and the division has received all applicable fees. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 735, § 1, effective October 1. 12-20-202. Licenses, certifications, and registrations - renewal - reinstatement - fees - endorsement - exceptions for military personnel - rules - consideration of criminal convictions - executive director authority. (1) Renewal. (a) Licenses, certifications, and registrations issued pursuant to a part or article of this title 12 expire pursuant to a schedule established by the director and must be renewed or reinstated in accordance with this section. The director shall establish renewal fees and delinquency fees for reinstatement pursuant to section 12-20-105. If a person fails to renew the person's license, certification, or registration pursuant to the schedule established by the director, the license, certification, or registration expires. A person whose license, certification, or registration has expired is subject to the penalties set forth in this section and any other penalties authorized in the applicable part or article of this title 12 that regulates the person's profession or occupation. (b) Notwithstanding any provision of the law to the contrary, the director may change the renewal date of any license, certification, or registration issued by a regulator so that approximately the same number of licenses, certifications, or registrations are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license, certification, or registration is proportionately increased or decreased, as the case may be. A license, certification, or registration 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 applicable regulator. A licensee, certificate holder, or registrant shall submit an application for renewal to the applicable regulator on forms and in the manner prescribed by the director. (c) Notwithstanding any provision of the law to the contrary, upon the approval and recommendation of a regulator, the executive director may change the period of the validity of any license, certification, or registration issued by the regulator for a period not to exceed three years. If the executive director changes the period of validity of a license, certification, or registration pursuant to this subsection (1)(c), the director shall proportionately increase or decrease the fee for the license, certification, or registration, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee, certificate holder, or registrant. (d) A regulator may prescribe renewal requirements, which must include compliance with any continuing education or continuing competency requirements adopted pursuant to the regulator's authority. (e) The director shall allow for a grace period for licenses, certifications, or registrations issued by a regulator. A licensee, certificate holder, or registrant has a sixty-day grace period after the expiration of his or her license, certification, or registration to renew the license, certification, or registration without the imposition of a disciplinary sanction by the regulator for the profession for practicing on an expired license, certification, or registration. The licensee, certificate holder, or registrant shall satisfy all renewal requirements pursuant to the applicable part or article of this title 12 and shall pay a delinquency fee in an amount determined pursuant to sections 12-20-105 and 24-79.5-102. Colorado Revised Statutes 2019 Page 117 of 890 Uncertified Printout (2) Reinstatement. (a) If a licensee, registrant, or certificate holder does not renew his or her license, registration, or certificate within the sixty-day grace period pursuant to subsection (1)(e) of this section, the license, registration, or certificate is treated as an expired license, registration, or certificate, and the licensee, registrant, or certificate holder is ineligible to practice until the license, registration, or certificate is reinstated. (b) The regulator 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 subsection (2). (c) The regulator, in its discretion and pursuant to its authority, may reinstate an expired license, registration, or certificate of any person other than the active military personnel or veterans specified in subsection (2)(b) of this section pursuant to the following requirements: (I) (A) The licensee, registrant, or certificate holder submits an application for reinstatement of the license, registration, or certificate to the regulator sixty days or more after the date of expiration, and the licensee, registrant, or certificate holder complies with all requirements of the applicable part or article of this title 12. (B) If the licensee, registrant, or certificate holder practiced with an expired license, registration, or certificate, the regulator may impose disciplinary actions against the licensee, registrant, or certificate holder. (II) If the license, registration, or certificate has been 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 regulator that the person is competent to practice within his or her profession. The regulator, 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 regulator that are within the authority of the regulator to require; (D) Successful completion of any continuing education or continuing competency requirements prescribed by the regulator that are within the authority of the regulator to require; (E) Passage of an examination for licensure, registration, or certification as approved by the regulator that the regulator has the authority to require; or (F) Other professional standards or measures of continued competency as determined by the regulator. (III) The regulator may waive the requirements for reinstatement of an expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the regulator considers the protection of the public in the hardship petition. (3) Endorsement. Unless otherwise prohibited by this title 12, an applicant for certification, registration, or licensure by endorsement may demonstrate competency in a specific occupation or profession as determined by the regulator 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. (4) Military personnel. A regulator shall, upon presentation of satisfactory evidence by an applicant for licensure, certification, or registration, accept education, training, or service Colorado Revised Statutes 2019 Page 118 of 890 Uncertified Printout 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, certification, or registration. Each regulator shall promulgate rules to implement this subsection (4). (5) Criminal convictions. Unless there is a specific statutory disqualification that prohibits an applicant from obtaining licensure, certification, or registration based on a criminal conviction, if a regulator determines that an applicant for licensure, certification, or registration has a criminal record, the regulator is governed by section 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration. (6) Executive director authority. (a) Form of license, certification, or registration. The executive director, after consultation with the regulator concerned, shall determine the form and content of any license, certification, or registration issued by the regulator, including any document evidencing renewal of a license, certification, or registration. (b) Review of examinations and procedures. Notwithstanding any type 1 transfer as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of title 24, the executive director may review any examination or procedure for granting a license, certification, or registration by any regulator prior to the execution of the examination or procedure. After the review, if the executive director has reason to believe the examination or procedure is unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed, certified, or registered in the occupation or profession to review the examination or procedure jointly with the executive director. The executive director and the licensees, certificate holders, or registrants, acting jointly, may make findings of fact and recommendations to the regulator concerning any examination or procedure. The findings of fact and recommendations are public documents. (c) Employment of administrative law judges. Notwithstanding any type 1 transfer as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of title 24, the executive director may employ an administrative law judge, and may require any regulator to use an administrative law judge in lieu of a hearing by the regulator, to conduct hearings on any matter within the jurisdiction of the regulator, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of title 24. An administrative law judge employed pursuant to this subsection (6)(c) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 735, § 1, effective October 1. Editor's note: Subsection (1)(a) is similar to former § 12-5.5-202 (2); subsection (1)(b) is similar to former § 24-34-102 (8)(a); subsection (1)(c) is similar to former § 24-34-102 (7); subsection (1)(d) is similar to former § 24-34-102 (8)(b); subsection (1)(e) is similar to former § 24-34-102 (8)(c); subsection (2) is similar to former § 24-34-102 (8)(d); subsection (3) is similar to former § 24-34-102 (8)(e); subsection (4) is similar to former § 24-34-102 (8.5); subsection (5) is similar to former § 24-34-102 (8.7); subsection (6)(a) is similar to former § 24-34-102 (10); subsection (6)(b) is similar to former § 24-34-102 (11); and subsection (6)(c) is similar to former § 24-34-102 (12), as those sections existed prior to 2019. Colorado Revised Statutes 2019 Page 119 of 890 Uncertified Printout 12-20-203. Inactive license or certification - rights and responsibilities. (1) Persons licensed or certified to practice any profession or occupation under this title 12 for which postgraduate study or attendance at educational institutions is required in order to obtain renewal of the license or certification may have their names transferred to an inactive licensees or certificate holders category under this section. Every regulator authorized under this title 12 to issue licenses or certifications shall maintain a list of inactive licensees or certificate holders, as applicable, and upon written notice to the regulator, the licensee or certificate holder shall not be required to comply with any postgraduate educational requirements so long as the licensee or certificate holder remains inactive in the profession or occupation. Each inactive licensee or certificate holder shall continue to meet the normal registration requirements imposed upon the licensee's or certificate holder's profession or occupation. (2) The inactive status shall be noted on the face of any license or certification issued while the licensee or certificate holder remains inactive. If the person seeks to resume the practice of the person's profession or occupation after being placed on an inactive list, the person shall file a proper application to reactivate the license or certification, pay the applicable renewal fee, and meet any postgraduate study or in-service requirements that the regulator may determine to be applicable in order to resume the practice. (3) Engaging in the practice of a profession or occupation while on inactive status pursuant to this section may be grounds for revocation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 739, § 1, effective October 1. Editor's note: This section is similar to former § 12-70-101 as it existed prior to 2019. 12-20-204. Regulator's rule-making authority. (1) Except as specified in subsection (2) of this section, in addition to any specific rule-making authority that a regulator has pursuant to a part or article of this title 12, a regulator may adopt rules necessary to administer the part or article of this title 12 pursuant to which the regulator has regulatory authority. (2) Subsection (1) of this section does not apply to the following: (a) Article 110 of this title 12 concerning combative sports; (b) Article 125 of this title 12 concerning fantasy contests; (c) Article 135 of this title 12 concerning mortuaries and crematories; and (d) Article 140 of this title 12 concerning nontransplant tissue banks. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 739, § 1, effective October 1. PART 3 MILITARY PERSONNEL AND SPOUSES 12-20-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Agency" means an agency of the state that regulates a profession or occupation under this title 12. Colorado Revised Statutes 2019 Page 120 of 890 Uncertified Printout (2) "Authority to practice" or "authorized to practice" means the holding of a currently valid license to practice in a profession or occupation or a currently valid certification or registration necessary to practice in a profession or occupation if the person is licensed, certified, or registered under this title 12 or a substantially similar law in another state. (3) "Military spouse" means the spouse of a person who is actively serving in the United States armed forces and who is stationed in Colorado in accordance with military orders. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 740, § 1, effective October 1. Editor's note: This section is similar to former § 12-71-101 as it existed prior to 2019. 12-20-302. Active military personnel - exemptions from licensing requirements. (1) Each board or division that regulates persons licensed, certified, or registered pursuant to this title 12 shall exempt licensed, certified, or registered military personnel who have been called to federally funded active duty for more than one hundred twenty days for the purpose of serving in a war, emergency, or contingency from the payment of any professional or occupational license, certification, or registration fees, including renewal fees, and from any continuing education or professional competency requirements pursuant to this title 12 for a renewal cycle that falls within the period of service or within the six months following the completion of service in the war, emergency, or contingency. (2) This section applies to persons licensed, certified, or registered pursuant to this title 12 as it existed on August 8, 2017. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 740, § 1, effective October 1. Editor's note: This section is similar to former § 12-70-102 as it existed prior to 2019. 12-20-303. Continuing education - regulated service members - rules. (1) An agency may accept, from a person with authority to practice, continuing education, training, or service completed 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 educational qualifications to renew the person's authority to practice. (2) An agency may promulgate rules establishing educational standards and procedures necessary to implement this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 741, § 1, effective October 1. Editor's note: This section is similar to former § 12-71-104 as it existed prior to 2019. 12-20-304. Military spouse - authority to practice - reciprocity - notice. (1) Notwithstanding any other part or article of this title 12, a person need not obtain authority to Colorado Revised Statutes 2019 Page 121 of 890 Uncertified Printout practice an occupation or profession under this title 12 during the person's first year of residence in Colorado if: (a) The person is a military spouse who is authorized to practice that occupation or profession in another state; (b) Other than the person's lack of licensure, registration, or certification in Colorado, there is no basis to disqualify the person under this title 12; and (c) The person consents, as a condition of practicing in Colorado, to be subject to the jurisdiction and disciplinary authority of the appropriate agency. (2) If a person who is practicing in Colorado under this section applies for authority to continue to practice after the first year under a part or article of this title 12, the applicant shall notify the agency receiving the application of the following: (a) The applicant is currently practicing in Colorado under this section; (b) The date the applicant began practicing in Colorado; and (c) The name and contact information of any person employing the applicant to practice in Colorado. (3) If an agency denies the application for authority to practice under this title 12, the agency shall notify the employer that the person was denied authority to continue to practice under this title 12. (4) This section does not: (a) Prevent an agency from entering into a reciprocity agreement with the regulating authority of another state or jurisdiction if otherwise authorized by law; and (b) Apply to the authority to practice under article 120, 240, or 275 of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 741, § 1, effective October 1. Editor's note: Subsection (1) is similar to former § 12-71-102 (1); subsection (2) is similar to former § 12-71-103 (1); subsection (3) is similar to former § 12-71-103 (2); subsections IP(4) and (4)(a) are similar to former § 12-71-102 (2); and subsection (4)(b) is similar to former § 12-71-102 (3), as those sections existed prior to 2019. 12-20-305. Rules. The director may promulgate rules reasonably necessary to implement this part 3. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 741, § 1, effective October 1. Editor's note: This section is similar to former § 12-71-105 as it existed prior to 2019. PART 4 DISCIPLINE, ENFORCEMENT, AND REVIEW Cross references: For alternative disciplinary actions for persons licensed, registered, or certified to practice a profession or occupation pursuant to this title 12, see § 24-34-106; for the Colorado Revised Statutes 2019 Page 122 of 890 Uncertified Printout Colorado rules of civil procedure concerning subpoenas, injunctions, and civil contempt, see C.R.C.P. 45, 65, and 107. 12-20-401. Procedures for complaints concerning licensees, certificate holders, and registrants - executive director authority - rules. (1) 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 regulator in accordance with this section. (2) A regulator shall refer all complaints relating to persons licensed, certified, or registered by the regulator to the executive director. (3) For the purpose of facilitating the handling of complaints, the executive director shall devise simple, standard complaint forms designed to supply the information necessary to properly conduct an investigation of complaints. The complainant shall reduce each complaint to writing before any formal action begins on the complaint. The receipt of the forms shall be acknowledged on behalf of the executive director. The complainant shall be advised in writing of the final disposition of the complaint. (4) (a) The executive director may: (I) Assign a complaint to the appropriate regulator; (II) Assign a complaint specially for investigation; or (III) Take such other action on the complaint as appears to the executive director to be warranted in the circumstances. (b) Assignments of investigations of complaints to others is subject to specified time limits set by the executive director for completion of investigations. (5) Nothing in this section supersedes sections 24-4-104 to 24-4-106 or the statutory power to issue, suspend, revoke, or renew licenses, certifications, and registrations. (6) The executive director may promulgate rules, pursuant to section 24-4-103 and not inconsistent with the requirements of this article 20, to assist in the efficient performance of the duties imposed by this section. The executive director may also render advice to the general assembly, as well as to the general public, upon the question of the proper role of the state in regulating professions and occupations. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 742, § 1, effective October 1. Editor's note: Subsection (1) is similar to former § 24-34-102 (9); subsection (2) is similar to former § 24-34-103 (1); subsection (3) is similar to former § 24-34-103 (2); subsection (4) is similar to former § 24-34-103 (3); subsection (5) is similar to former § 24-34-103 (4); and subsection (6) is similar to former § 24-34-103 (5), as those sections existed prior to 2019. 12-20-402. Immunity. (1) The director, any member of a board or commission, any member of a regulator's staff, any person acting as a witness or consultant to a regulator, any witness testifying in a proceeding authorized by a part or article of this title 12 governing a particular profession or occupation, and any person who lodges a complaint pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from liability in any civil action brought against the individual for acts occurring while acting in the individual's Colorado Revised Statutes 2019 Page 123 of 890 Uncertified Printout capacity as director, board or commission member, staff, consultant, or witness, respectively, if the individual: (a) Was acting in good faith within the scope of the individual's respective capacity; (b) Made a reasonable effort to obtain the facts of the matter as to which the individual acted; and (c) Acted in the reasonable belief that the action taken by the individual was warranted by the facts. (2) Any person participating in good faith in lodging or making a complaint or report or participating in any investigative or administrative proceeding pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from any civil or criminal liability that may result from that participation; except that a person participating as described in this subsection (2) under article 135 of this title 12 concerning mortuaries and crematories is immune from only civil liability. (3) (a) The immunity granted by subsection (1) of this section to a witness testifying in a proceeding does not apply to proceedings under article 310 of this title 12 concerning surgical assistants and surgical technologists. (b) The immunity granted by subsection (1) of this section to a person who lodges a complaint does not apply to proceedings under: (I) Article 130 of this title 12 concerning landscape architects; or (II) Article 230 of this title 12 concerning hearing aid providers. (4) This section does not apply to articles 125, 140, 150, and 250 of this title 12 concerning fantasy contests, nontransplant tissue banks, passenger tramways, and naturopathic doctors, respectively. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 743, § 1, effective October 1. Editor's note: This section is similar to former § 12-36-118 (3)(b) as it existed prior to 2019. 12-20-403. Disciplinary procedures - investigations - hearings - oaths - witness statements - subpoenas - appointment of administrative law judge. (1) In accordance with article 4 of title 24 and the part or article of this title 12 governing the particular profession or occupation over which a regulator has regulatory authority, a regulator may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the regulator's powers and duties. (2) (a) In order to aid the regulator in any hearing or investigation instituted pursuant to this section, the regulator or an administrative law judge appointed pursuant to subsection (3) of this section may administer oaths, take affirmations of witnesses, and issue subpoenas compelling the attendance of witnesses and the production of all relevant records, papers, books, documentary evidence, and materials in any hearing, investigation, accusation, or other matter before the regulator or an administrative law judge. (b) (I) Upon failure of any witness, licensee, certificate holder, or registrant to comply with a subpoena or process, the district court of the county in which the subpoenaed person, licensee, certificate holder, or registrant resides or conducts business, upon application by the Colorado Revised Statutes 2019 Page 124 of 890 Uncertified Printout regulator with notice to the subpoenaed person, licensee, certificate holder, or registrant, may issue to the person, licensee, certificate holder, or registrant an order requiring that person, licensee, certificate holder, or registrant to: (A) Appear before the regulator; (B) Produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or (C) Give evidence touching the matter under investigation or in question. (II) If the person, licensee, certificate holder, or registrant fails to obey the order of the court, the court may hold the person, licensee, certificate holder, or registrant in contempt of court. (c) For purposes of the regulation of nontransplant tissue banks under article 140 of this title 12, the authority granted under subsection (2)(a) of this section does not apply with respect to investigations. (3) The regulator may appoint an administrative law judge pursuant to part 10 of article 30 of title 24 and, if otherwise authorized in the part or article of this title 12 governing the particular profession or occupation, may employ an administrative law judge or hearing officer, to conduct hearings, take evidence, make findings, and report the findings to the regulator. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 743, § 1, effective October 1. Editor's note: Subsection (1) is similar to former § 12-40.5-110 (7)(b)(I); subsection (2)(a) is similar to former § 12-40.5-110 (7)(b)(II); subsection (2)(b) is similar to former § 1240.5-110 (7)(b)(III); and subsection (3) is similar to former § 12-40.5-110 (7)(c), as those sections existed prior to 2019. 12-20-404. Disciplinary actions - regulator powers - disposition of fines. (1) General disciplinary authority. If a regulator determines that an applicant, licensee, certificate holder, or registrant has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under a part or article of this title 12 governing the particular profession or occupation, the regulator may: (a) Issue a letter of admonition in accordance with subsection (4) of this section; (b) (I) Place a licensee, certificate holder, or registrant on probation, except as provided in subsection (1)(b)(II) of this section. (II) A regulator is not authorized under this subsection (1)(b) to impose probation on a licensee, certificate holder, or registrant regulated under the following: (A) Article 150 of this title 12 concerning passenger tramways; (B) Article 205 of this title 12 concerning athletic trainers; (C) Article 260 of this title 12 concerning nurse aides; or (D) Article 310 of this title 12 concerning surgical assistants and surgical technologists. (c) (I) Impose an administrative fine, subject to any limitations or requirements specified in the part or article of this title 12 governing a particular profession or occupation and except as provided in subsection (1)(c)(II) of this section. (II) A regulator is not authorized under this subsection (1)(c) to impose a fine on a licensee, certificate holder, or registrant regulated under the following: Colorado Revised Statutes 2019 Page 125 of 890 Uncertified Printout (A) Article 125 of this title 12 concerning fantasy contests; (B) Article 140 of this title 12 concerning nontransplant tissue banks; (C) Article 200 of this title 12 concerning acupuncturists; (D) Article 205 of this title 12 concerning athletic trainers; (E) Article 260 of this title 12 concerning nurse aides; (F) Article 265 of this title 12 concerning nursing home administrators; (G) Article 270 of this title 12 concerning occupational therapists and occupational therapy assistants; (H) Article 300 of this title 12 concerning respiratory therapists; or (I) Article 310 of this title 12 concerning surgical assistants and surgical technologists. (d) (I) Deny, refuse to renew, revoke, or suspend the license, certification, or registration of an applicant, licensee, certificate holder, or registrant, except as provided in subsection (1)(d)(II) of this section. (II) A regulator is not authorized under this subsection (1)(d) to refuse to renew the license, certification, or registration of a licensee, certificate holder, or registrant regulated under the following: (A) Article 105 of this title 12 concerning barbers and cosmetologists; (B) Article 110 of this title 12 concerning combative sports; (C) Article 125 of this title 12 concerning fantasy contests; (D) Article 140 of this title 12 concerning nontransplant tissue banks; (E) Article 145 of this title 12 concerning outfitters and guides; (F) Article 160 of this title 12 concerning private investigators; (G) Article 200 of this title 12 concerning acupuncturists; (H) Article 225 of this title 12 concerning direct-entry midwives; (I) Article 240 of this title 12 concerning medical practice; (J) Article 250 of this title 12 concerning naturopathic doctors; (K) Article 260 of this title 12 concerning nurse aides; (L) Article 305 of this title 12 concerning speech-language pathologists; or (M) Article 315 of this title 12 concerning veterinarians. (2) Deferral precluded. (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of a regulator, warrants formal action, the regulator shall not resolve the complaint by a deferred settlement, action, judgment, or prosecution. (b) This subsection (2) does not apply to the following: (I) Article 125 of this title 12 concerning fantasy contests; (II) Article 140 of this title 12 concerning nontransplant tissue banks; (III) Article 150 of this title 12 concerning passenger tramways; and (IV) Article 260 of this title 12 concerning nurse aides. (3) Waiting period after revocation or surrender. (a) (I) Except as provided in subsections (3)(a)(III) and (3)(c) of this section, a person whose license, certification, or registration to practice a profession or occupation under this title 12 is revoked is ineligible to apply for a new license, certification, or registration under the part or article of this title 12 that governs the particular profession or occupation for two years after the date of revocation of the license, certification, or registration. Colorado Revised Statutes 2019 Page 126 of 890 Uncertified Printout (II) In addition, the waiting period specified in subsection (3)(a)(I) of this section applies when a person regulated under any of the following articles surrenders a license, certification, or registration to avoid discipline: (A) Article 105 of this title 12 concerning barbers and cosmetologists; (B) Article 145 of this title 12 concerning outfitters and guides; (C) Article 160 of this title 12 concerning private investigators; (D) Article 200 of this title 12 concerning acupuncturists; (E) Article 210 of this title 12 concerning audiologists; (F) Article 230 of this title 12 concerning hearing aid providers; (G) Article 235 of this title 12 concerning massage therapists; (H) Article 240 of this title 12 concerning medical practice; (I) Article 250 of this title 12 concerning naturopathic doctors; (J) Article 255 of this title 12 concerning nurses; (K) Article 270 of this title 12 concerning occupational therapists and occupational therapy assistants; (L) Article 285 of this title 12 concerning physical therapists and physical therapist assistants; (M) Article 300 of this title 12 concerning respiratory therapists; and (N) Article 305 of this title 12 concerning speech-language pathologists. (III) (A) For a person whose license as a nursing home administrator issued under article 265 of this title 12 is revoked, the person is ineligible to apply for a new nursing home administrator license under that article for one year after the date of revocation. (B) For a person whose license, certification, or registration as a mental health professional issued under article 245 of this title 12 is revoked, or who surrenders the license, certification, or registration to avoid discipline, the person is ineligible to apply for a new license, certification, or registration under that article for three years after the date of revocation or surrender. (b) This subsection (3) applies to a person enrolled as an engineer-intern pursuant to part 2 of article 120 of this title 12 or as a land surveyor-intern under part 3 of article 120 of this title 12. (c) This subsection (3) does not apply to the following: (I) Article 110 of this title 12 concerning combative sports; (II) Article 125 of this title 12 concerning fantasy contests; (III) Article 140 of this title 12 concerning nontransplant tissue banks; (IV) Article 150 of this title 12 concerning passenger tramways; (V) Article 205 of this title 12 concerning athletic trainers; (VI) Article 215 of this title 12 concerning chiropractors; (VII) Article 260 of this title 12 concerning nurse aides; (VIII) Article 295 of this title 12 concerning psychiatric technicians; and (IX) Article 310 of this title 12 concerning surgical assistants and surgical technologists. (4) Letter of admonition. (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of a regulator, does not warrant formal action by the regulator but that should not be dismissed as being without merit, the regulator may issue and send a letter of admonition to the licensee, certificate holder, or registrant. Colorado Revised Statutes 2019 Page 127 of 890 Uncertified Printout (b) (I) When a regulator sends a letter of admonition to a licensee, certificate holder, or registrant pursuant to subsection (4)(a) of this section, the regulator shall also advise the licensee, certificate holder, or registrant that the person has the right to request in writing, within twenty days after receipt of the letter, that the regulator initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based. (II) If the licensee, certificate holder, or registrant timely requests adjudication, the regulator shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings. (c) This subsection (4) does not apply to the following: (I) Article 205 of this title 12 concerning athletic trainers; and (II) Article 310 of this title 12 concerning surgical assistants and surgical technologists. (5) Confidential letter of concern. (a) When a complaint or investigation discloses an instance of conduct that does not warrant formal action by a regulator and, in the opinion of the regulator, should be dismissed, but the regulator has noticed indications of possible errant conduct by the licensee, certificate holder, or registrant that could lead to serious consequences if not corrected, the regulator may or shall, in accordance with the part or article of this title 12 governing the particular profession or occupation, send the licensee, certificate holder, or registrant a confidential letter of concern. (b) This subsection (5) does not apply to the following: (I) Article 125 of this title 12 concerning fantasy contests; (II) Article 140 of this title 12 concerning nontransplant tissue banks; (III) Article 150 of this title 12 concerning passenger tramways; (IV) Article 205 of this title 12 concerning athletic trainers; and (V) Article 310 of this title 12 concerning surgical assistants and surgical technologists. (6) Disposition of fines. (a) Except as specified in subsection (6)(b) of this section, a regulator shall transmit all fines collected pursuant to a part or article of this title 12 to the state treasurer, who shall credit them to the general fund. (b) The disposition of fines collected by: (I) The state electrical board is governed by section 12-115-122 (5)(a); (II) The director for violations of laws governing the activities of outfitters and guides is governed by section 12-145-110 (3); and (III) The state plumbing board is governed by section 12-155-123 (4)(a). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 744, § 1, effective October 1. Editor's note: This section is similar to former § 12-5.5-302 as it existed prior to 2019. 12-20-405. Cease-and-desist orders. (1) (a) If it appears to a regulator, based upon credible evidence as presented in a written complaint by any person, that a licensee, certificate holder, or registrant is acting in a manner that is an imminent threat to the health and safety of the public, or a person is acting or has acted without the license, certification, or registration required to practice a profession or occupation, the regulator that regulates the particular profession or occupation may issue an order to cease and desist the activity. The order must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the Colorado Revised Statutes 2019 Page 128 of 890 Uncertified Printout violation, and the requirement that all unlawful acts or unlicensed, uncertified, or unregistered practices immediately cease. (b) Within ten days after service of the order to cease and desist pursuant to subsection (1)(a) of this section, the respondent may request a hearing on the question of whether acts or practices in violation of the part or article of this title 12 governing the particular profession or occupation have occurred. The hearing must be conducted pursuant to sections 24-4-104 and 244-105. (2) (a) If it appears to the regulator, based upon credible evidence as presented in a written complaint by any person, that a person has violated any other portion of the part or article of this title 12 governing the particular profession or occupation, then, in addition to any specific powers granted pursuant to the part or article of this title 12 governing the particular profession or occupation, the regulator may issue to the person an order to show cause as to why the regulator should not issue a final order directing the person to cease and desist from the unlawful act or unlicensed, uncertified, or unregistered practice. (b) The regulator shall promptly notify the person of the issuance of the order to show cause and shall include in the notice a copy of the order, the factual and legal basis for the order, and the date set by the regulator for a hearing on the order. The regulator may serve the notice by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom the order is issued. Personal service or proof of receipt of mailing of an order or document pursuant to this subsection (2)(b) constitutes notice to the person of the existence and contents of the order or document. (c) (I) The regulator shall commence the hearing on an order to show cause no sooner than ten, and no later than forty-five, calendar days after the date the regulator sent or served notice as provided in subsection (2)(b) of this section. The regulator may continue the hearing by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event may the regulator commence the hearing later than sixty calendar days after the date of transmission or service of the notification. Sections 24-4-104 and 24-4-105 govern the conduct of the hearing held under this subsection (2)(c). (II) If a person against whom the regulator has issued an order to show cause pursuant to subsection (2)(a) of this section does not appear at the hearing, the regulator may present evidence that the regulator properly sent or served the notification upon the person pursuant to subsection (2)(b) of this section and any other evidence related to the matter as the regulator deems appropriate. The regulator shall issue the order within ten days after the regulator's determination related to reasonable attempts to notify the respondent, and the order becomes final as to that person by operation of law. (III) If the regulator reasonably finds that the person against whom the regulator issued the order to show cause is acting or has acted without the required license, certification, or registration or has or is about to engage in acts or practices constituting violations of the part or article of this title 12 governing the particular profession or occupation, the regulator may issue a final cease-and-desist order directing the person to cease and desist from further unlawful acts or unlicensed, uncertified, or unregistered practices. (IV) The regulator shall provide notice, in the manner set forth in subsection (2)(b) of this section, of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to this subsection (2)(c) to each person against whom the regulator has Colorado Revised Statutes 2019 Page 129 of 890 Uncertified Printout issued the final order. The final order issued pursuant to subsection (2)(c)(III) of this section is effective when issued and constitutes a final order for purposes of judicial review. (3) The regulator may enter into a stipulation with a person if it appears to the regulator, based upon credible evidence presented to the regulator, that the person has engaged in or is about to engage in: (a) An unlicensed, uncertified, or unregistered act or practice; (b) An act or practice constituting a violation of the part or article of this title 12 governing the particular profession or occupation or a rule adopted or an order issued pursuant to those laws; or (c) An act or practice constituting grounds for administrative sanction pursuant to the part or article of this title 12 governing the particular profession or occupation. (4) If any person fails to comply with a final cease-and-desist order or a stipulation, the regulator may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested the attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order. (5) A person aggrieved by the regulator's final determination with regard to a cease-anddesist order may seek judicial review in accordance with section 12-20-408. (6) This section does not apply to articles 125, 140, and 150 of this title 12 concerning fantasy contests, nontransplant tissue banks, and passenger tramways, respectively. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 749, § 1, effective October 1. Editor's note: This section is similar to former § 12-5.5-303 as it existed prior to 2019. 12-20-406. Injunctive relief. (1) Except as otherwise specified in a part or article of this title 12 or subsection (3) of this section: (a) A regulator, in the name of the people of the state of Colorado and through the attorney general of the state of Colorado, may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by a part or article of this title 12. (b) If the regulator establishes that the defendant has been or is committing an act prohibited by the part or article, the court shall enter a decree perpetually enjoining the defendant from further committing the act. (c) An injunctive proceeding may be brought pursuant to this section in addition to, and not in lieu of, all penalties and other remedies provided in the part or article. (2) (a) Except as specified in subsection (2)(b) of this section, when seeking an injunction under subsection (1) of this section, a regulator is not required to allege or prove the inadequacy of any remedy at law or that substantial or irreparable damage is likely to result from a continued violation. (b) Subsection (2)(a) of this section does not apply to the following: (I) Article 105 of this title 12 concerning barbers and cosmetologists; (II) Part 4 of article 120 of this title 12 concerning architects; (III) Article 135 of this title 12 concerning mortuaries and crematories; Colorado Revised Statutes 2019 Page 130 of 890 Uncertified Printout (IV) Article 150 of this title 12 concerning passenger tramways; (V) Article 210 of this title 12 concerning audiologists; (VI) Article 215 of this title 12 concerning chiropractors; (VII) Article 230 of this title 12 concerning hearing aid providers; (VIII) Article 240 of this title 12 concerning medical practice; (IX) Article 255 of this title 12 concerning nurses; (X) Article 260 of this title 12 concerning nurse aides; (XI) Article 275 of this title 12 concerning optometrists; (XII) Article 280 of this title 12 concerning pharmacists, pharmacy businesses, and pharmaceuticals; (XIII) Article 285 of this title 12 concerning physical therapists and physical therapist assistants; and (XIV) Article 290 of this title 12 concerning podiatrists. (3) This section does not apply to the following: (a) Article 100 of this title 12 concerning accountants; (b) Article 110 of this title 12 concerning combative sports; (c) Article 125 of this title 12 concerning fantasy contests; (d) Article 130 of this title 12 concerning landscape architects; (e) Article 140 of this title 12 concerning nontransplant tissue banks; (f) Article 220 of this title 12 concerning dentists and dental hygienists; (g) Article 250 of this title 12 concerning naturopathic doctors; (h) Article 295 of this title 12 concerning psychiatric technicians; and (i) Article 315 of this title 12 concerning veterinarians. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 752, § 1, effective October 1. Editor's note: This section is similar to former § 12-36-129 (6) as it existed prior to 2019. 12-20-407. Unauthorized practice of profession or occupation - penalties exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 for the first offense, and, for the second or any subsequent offense, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, if the person: (I) Violates section 12-100-112 or 12-100-116 (1)(a); (II) Engages in or offers or attempts to engage in the conduct, promotion, or performance of live boxing matches without an active license or permit issued under article 110 of this title 12; (III) Engages or offers or attempts to engage in activities as an outfitter without an active registration issued under article 145 of this title 12; (IV) Engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyman, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or Colorado Revised Statutes 2019 Page 131 of 890 Uncertified Printout (V) Practices or offers or attempts to practice any of the following professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation: (A) Barbering, hairstyling, esthetics, manicuring, or cosmetology, as regulated under article 105 of this title 12; (B) The profession of an electrician, as regulated under article 115 of this title 12; (C) Professional engineering, as regulated under article 120 of this title 12; (D) Professional land surveying, as regulated under article 120 of this title 12; (E) Architecture, as regulated under article 120 of this title 12; (F) Landscape architecture, as regulated under article 130 of this title 12; (G) Acupuncture, as regulated under article 200 of this title 12; (H) Audiology, as regulated under article 210 of this title 12; (I) Chiropractic, as regulated under article 215 of this title 12; (J) Dentistry or dental hygiene, as regulated under article 220 of this title 12; (K) Direct-entry midwifery, as regulated under article 225 of this title 12; (L) Practice as a hearing aid provider or engages in the practice of dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12; (M) Medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as regulated under article 240 of this title 12; (N) Practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor, as regulated under article 245 of this title 12; (O) Practical or professional nursing, as regulated under article 255 of this title 12; (P) Nursing home administration, as regulated under article 265 of this title 12; (Q) Optometry, as regulated under article 275 of this title 12; (R) Pharmacy or as a pharmacy technician, as regulated under article 280 of this title 12; (S) Physical therapy, as regulated under part 1 of article 285 of this title 12; (T) Podiatry, as regulated under article 290 of this title 12; (U) Practice as a psychiatric technician, as regulated under article 295 of this title 12; (V) Respiratory therapy, as regulated under article 300 of this title 12; or (W) Veterinary medicine, as regulated under article 315 of this title 12. (b) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 for the first offense and, for the second or any subsequent offense, commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, if the person engages in any of the following activities: (I) Conducts private investigations or presents himself or herself as a, or uses the title of, "private investigator", "private detective", "licensed private detective", or "licensed private investigator" without an active license issued under article 160 of this title 12; (II) Practices or offers or attempts to practice athletic training without an active registration issued under article 205 of this title 12; (III) Practices or offers or attempts to practice massage therapy without an active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy; Colorado Revised Statutes 2019 Page 132 of 890 Uncertified Printout (IV) Practices or offers or attempts to practice occupational therapy without an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants; (V) Practices or offers or attempts to practice speech-language pathology without an active certification issued under article 305 of this title 12; or (VI) Performs the duties of a surgical assistant or surgical technologist without being registered under article 310 of this title 12. (c) A person who practices or offers or attempts to practice as a naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (d) A person who violates section 12-285-202 or 12-285-203 without an active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3501. (2) The penalties for: (a) Engaging in unauthorized activities regarding mortuaries and crematories are governed by section 12-135-108; (b) Violating article 140 of this title 12 concerning nontransplant tissue banks are governed by section 12-140-108; (c) Engaging in unauthorized activities regarding passenger tramways are governed by section 12-150-108 (4); and (d) Engaging in unauthorized activities regarding nurse aide practice are governed by section 12-260-121. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 753, § 1, effective October 1; (1)(a)(V)(R) amended, (HB 19-1242), ch. 434, p. 3756, § 16, effective October 1. Editor's note: (1) Subsection (1)(a) is similar to former § 12-23-119 (2); subsection (1)(b) is similar to former § 12-58.5-104 (2); subsection (1)(c) is similar to former § 12-37.3113; and subsection (1)(d) is similar to former § 12-41-216, as those sections existed prior to 2019. (2) Section 35 of chapter 434 (HB 19-1242), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to the practice as a pharmacy technician on or after March 30, 2020; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-20-408. Judicial review. (1) Except as specified in subsection (2) of this section, the court of appeals has initial jurisdiction to review all final actions and orders of a regulator that are subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (11); except that, with regard only to cease-and-desist orders, a district court of competent jurisdiction has initial jurisdiction to review a final action or order of a regulator that is subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (3) for the following: Colorado Revised Statutes 2019 Page 133 of 890 Uncertified Printout (a) Article 115 of this title 12 concerning electricians; (b) Part 4 of article 120 of this title 12 concerning architects; (c) Article 225 of this title 12 concerning direct-entry midwives; (d) Article 250 of this title 12 concerning naturopathic doctors; (e) Article 275 of this title 12 concerning optometrists; and (f) Article 315 of this title 12 concerning veterinarians. (2) A district court of competent jurisdiction has initial jurisdiction to review all final actions and orders of a regulator that are subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (3) for the following: (a) Article 125 of this title 12 concerning fantasy contests; (b) Article 130 of this title 12 concerning landscape architects; (c) Article 135 of this title 12 concerning mortuaries and crematories; (d) Article 140 of this title 12 concerning nontransplant tissue banks; (e) Article 200 of this title 12 concerning acupuncturists; (f) Article 210 of this title 12 concerning audiologists; and (g) Article 230 of this title 12 concerning hearing aid providers. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 756, § 1, effective October 1. Editor's note: This section is similar to former § 12-42.5-125 as it existed prior to 2019. ARTICLE 30 Provisions Applicable to Health Care Professions and Occupations Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 30 contains provisions from several former C.R.S. sections of this title 12 and article 34 of title 24, as they existed prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. PART 1 MISCELLANEOUS PROVISIONS APPLICABLE TO HEALTH CARE PROFESSIONS AND OCCUPATIONS 12-30-101. Scope. This article 30 applies to articles 200 to 315 of this title 12 except to the extent otherwise specified in this article 30 or another part or article of this title 12. The requirements of this article 30 are in addition to the requirements established in any other part or article of this title 12. Colorado Revised Statutes 2019 Page 134 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 757, § 1, effective October 1. 12-30-102. Medical transparency act of 2010 - disclosure of information about health care licensees - fines - rules - short title - legislative declaration - review of functions - repeal. (1) The short title of this section is the "Michael Skolnik Medical Transparency Act of 2010". (2) (a) The general assembly hereby finds and determines that: (I) The people of Colorado need to be fully informed about the past practices of persons practicing a health care profession in this state in order to make informed decisions when choosing a health care provider and determining whether to proceed with a particular regimen of care recommended by a health care provider; (II) The purpose of this section is to provide transparency to the public regarding the competency of persons engaged in the practice of certain health care professions in this state to assist citizens in making informed health care decisions. (b) The general assembly further finds and declares that it is important to make information about persons engaged in the practice of a health care profession available to the public in a manner that is efficient, cost-effective, and maintains the integrity of the information, and to that end, the general assembly encourages persons to file the required information with the division electronically, to the extent possible. (3) (a) As used in this section, "applicant" means a person applying for a new, active license, certification, or registration or to renew, reinstate, or reactivate an active license, certification, or registration to practice: (I) Audiology pursuant to article 210 of this title 12; (II) As a licensed hearing aid provider pursuant to part 2 of article 230 of this title 12; (III) Acupuncture pursuant to article 200 of this title 12; (IV) Podiatry pursuant to article 290 of this title 12; (V) Chiropractic pursuant to article 215 of this title 12; (VI) Dentistry pursuant to article 220 of this title 12; (VII) Dental hygiene pursuant to article 220 of this title 12; (VIII) Medicine pursuant to article 240 of this title 12 or part 36 of article 60 of title 24; (IX) As a physician assistant or an anesthesiologist assistant pursuant to article 240 of this title 12; (X) Direct-entry midwifery pursuant to article 225 of this title 12; (XI) Practical nursing, professional nursing, or advanced practice nursing pursuant to article 255 of this title 12; (XII) Optometry pursuant to article 275 of this title 12; (XIII) Physical therapy pursuant to article 285 of this title 12; (XIV) Psychology pursuant to part 3 of article 245 of this title 12; (XV) Social work pursuant to part 4 of article 245 of this title 12; (XVI) Marriage and family therapy pursuant to part 5 of article 245 of this title 12; (XVII) Professional counseling pursuant to part 6 of article 245 of this title 12; (XVIII) Psychotherapy pursuant to part 7 of article 245 of this title 12; (XIX) Addiction counseling pursuant to part 8 of article 245 of this title 12; (XX) Speech-language pathology pursuant to article 305 of this title 12; Colorado Revised Statutes 2019 Page 135 of 890 Uncertified Printout (XXI) Athletic training pursuant to article 205 of this title 12; (XXII) Massage therapy pursuant to article 235 of this title 12; (XXIII) As a certified nurse aide pursuant to article 260 of this title 12; (XXIV) Occupational therapy pursuant to article 270 of this title 12; (XXV) Respiratory therapy pursuant to article 300 of this title 12; (XXVI) Pharmacy pursuant to article 280 of this title 12; (XXVII) As a psychiatric technician pursuant to article 295 of this title 12; (XXVIII) As a surgical assistant or surgical technologist pursuant to article 310 of this title 12; and (XXIX) Naturopathic medicine pursuant to article 250 of this title 12. (b) A person who is an applicant under this subsection (3) is not, by virtue of inclusion in this section, a health care provider for purposes of any other provision of Colorado law. (4) When applying for a new license, certification, or registration or to renew, reinstate, or reactivate a license, certification, or registration in this state, each applicant shall provide the following information to the director, in a form and manner determined by the director, as applicable to each profession: (a) (I) The applicant's full name, including any known aliases; (II) The applicant's current address of record and telephone number; (III) The applicant's location of practice, if different than the address of record; (IV) The applicant's education and training related to the applicant's profession; (V) Information pertaining to any license, certification, or registration to practice in the profession for which the applicant seeks licensure, certification, or registration, issued or held during the immediately preceding ten years, including the license, certification, or registration status and year of issuance; (VI) Any board certifications and specialties, if applicable; (VII) Any affiliations with or clinical privileges held in hospitals or health care facilities; (VIII) Any health-care-related business ownership interests; (IX) Information pertaining to the applicant's employer, if any, including name, current address, and telephone number; and (X) Information pertaining to any health-care-related employment contracts or contracts establishing an independent contractor relationship with any entities if the annual aggregate value of the contracts exceeds five thousand dollars, as adjusted by the director during each license, certification, or registration renewal cycle to reflect changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-AuroraLakewood for all items and all urban consumers, or its applicable predecessor or successor index. Nothing in this subsection (4)(a)(X) requires an applicant to report such information regarding contracts with insurance carriers for reimbursement of health care services provided to patients. (b) Any public disciplinary action taken against the applicant by the applicable regulator or the board or licensing agency of any other state or country. The applicant shall provide a copy of the action to the director at the time the application is made. (c) Any agreement or stipulation entered into between the applicant and the regulator, or the board or licensing agency of any other state or country whereby the applicant agrees to temporarily cease or restrict the applicant's practice, or any regulator's order restricting or Colorado Revised Statutes 2019 Page 136 of 890 Uncertified Printout suspending the applicant's license, certification, or registration. The applicant shall provide a copy of the agreement, stipulation, or order to the director at the time the application is made. (d) (I) Any final action that results in an involuntary limitation or probationary status on, or a reduction, nonrenewal, denial, revocation, or suspension of, the applicant's medical staff membership or clinical privileges at any hospital or health care facility occurring on or after September 1, 1990. The applicant shall not be required to report a precautionary or administrative suspension of medical staff membership or clinical privileges, as defined by the director by rule, unless the applicant resigns the applicant's medical staff membership or clinical privileges while the precautionary or administrative suspension is pending. To report the information required by this subsection (4)(d), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action: (A) The name of the facility or entity that took the action; (B) The date the action was taken; (C) The type of action taken, including any terms and conditions of the action; (D) The duration of the action; and (E) Whether the applicant has fulfilled the terms or conditions of the action, if applicable. (II) Notwithstanding part 2 of this article 30, article 3 of title 25, and any provision of law to the contrary, the form completed by the applicant pursuant to this subsection (4)(d) is a public record and is not confidential. Compliance with this subsection (4)(d) does not constitute a waiver of any privilege or confidentiality conferred by any applicable state or federal law. (e) Any final action of an employer that results in the applicant's loss of employment where the grounds for termination constitute a violation of the laws governing the applicant's practice. To report the information required by this subsection (4)(e), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action: (I) The name of the employer that terminated the employment; and (II) The date the termination occurred or became effective. (f) Any involuntary surrender of the applicant's United States drug enforcement administration registration. The applicant shall provide a copy of the order requiring the surrender of the registration to the director at the time the application is made. (g) Any final criminal conviction or plea arrangement resulting from the commission or alleged commission of a felony or crime of moral turpitude in any jurisdiction at any time after the applicant has been issued a license, certification, or registration to practice the applicant's health care profession in any state or country. The applicant shall provide a copy of the final conviction or plea arrangement to the director at the time the application is made. (h) Any final judgment against, settlement entered into by, or arbitration award paid on behalf of the applicant on or after September 1, 1990, for malpractice. To report the information required by this subsection (4)(h), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the malpractice action: (I) Whether the action was resolved by a final judgment against, settlement entered into by, or arbitration award paid on behalf of the applicant; (II) The date of the judgment, settlement, or arbitration award; Colorado Revised Statutes 2019 Page 137 of 890 Uncertified Printout (III) The location or jurisdiction in which the action occurred or was resolved; and (IV) The court in which the final judgment was ordered, the mediator that aided in the settlement, if applicable, or the arbitrator that granted the arbitration award. (i) Any refusal by an issuer of professional liability insurance to issue a policy to the applicant due to past claims experience. The applicant shall provide a copy of the refusal to the director at the time the application is made. (5) In addition to the information required by subsection (4) of this section, an applicant may submit information regarding awards and recognitions the applicant has received or charity care the applicant has provided. The director may remove information regarding awards and recognitions that the director finds to be unrelated to the applicant's profession or offensive or inappropriate. (6) The director shall make the information specified in subsections (4) and (5) of this section that is submitted by an applicant readily available to the public in a manner that allows the public to search the information by name, license number, board certification or specialty area, if applicable, or city of the applicant's address of record. The director may satisfy this requirement by posting and allowing the ability to search the information on the director's website or on the website for the applicable regulator that oversees the applicant's practice. If the information is made available on either website, the director shall ensure that the website is updated at least monthly and that the date on which the update occurs is indicated on the website. If the information made available pursuant to this subsection (6) is the same or substantially similar to information the director must make available pursuant to section 12-310103 (3), the director may elect to use this database as the exclusive means for making the information required by section 12-310-103 (3) publicly available. (7) When disclosing information regarding an applicant to the public, the applicable regulator shall include the following statement or a similar statement that communicates the same meaning: Some studies have shown that there is no significant correlation between malpractice history and a [insert applicable type of health care provider]'s competence. At the same time, the [insert name of applicable regulator] believes that consumers should have access to malpractice information. To make the best health care decisions, you should view this information in perspective. You could miss an opportunity for high-quality care by selecting a health care provider based solely on malpractice history. When considering malpractice data, please keep in mind: Malpractice histories tend to vary by profession and, as applicable, by specialty. Some professions or specialties are more likely than others to be the subject of litigation. You should take into account how long the health care provider has been in practice when considering malpractice averages. The incident causing the malpractice claim may have happened years before a malpractice action is finally resolved. Sometimes, it takes a long time for a malpractice lawsuit to move through the legal system. Some health care providers work primarily with high-risk patients. These health care providers may have malpractice histories that are higher than average because they specialize in cases or patients who are at very high risk for problems. Colorado Revised Statutes 2019 Page 138 of 890 Uncertified Printout Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health care provider. A payment in settlement of a malpractice action or claim should not be construed as creating a presumption that malpractice has occurred. You may wish to discuss information provided by the [insert name of applicable regulator], and malpractice generally, with your health care provider. The information posted on the [applicable regulator's] website was provided by applicants for a license and applicants for renewal, reinstatement, or reactivation of a license. (8) (a) Except as specified in subsection (8)(b) of this section, an applicant, licensee, certificate holder, or registrant shall ensure that the information required by subsection (4) of this section is current and shall report any updated information and provide copies of the required documentation to the director within thirty days after the date of the action described in said subsection (4) or as otherwise provided in the part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession to ensure that the information provided to the public is as accurate as possible. (b) An applicant shall report updated information regarding the applicant's employer, any health-care-related business ownership interests, and any health-care-related employment contracts or contracts establishing an independent contractor relationship, as required by subsection (4)(a) of this section, within one year after a change in that information. (9) (a) The director may impose an administrative fine not to exceed five thousand dollars against an applicant, licensee, certificate holder, or registrant who fails to comply with this section. The director shall notify the applicable regulator when the director imposes a fine pursuant to this subsection (9). Any fine imposed pursuant to this subsection (9) shall be deposited in the general fund. (b) The imposition of an administrative fine pursuant to this subsection (9) shall not constitute a disciplinary action pursuant to the laws governing the applicant's, licensee's, certificate holder's, or registrant's practice area and shall not preclude the applicable regulator from taking disciplinary action against an applicant, licensee, certificate holder, or registrant for failure to comply with this section. A license, certification, or registration shall not be issued, renewed, reinstated, or reactivated if the applicant has failed to pay a fine imposed pursuant to this subsection (9). (c) Failure of an applicant, licensee, certificate holder, or registrant to comply with this section constitutes unprofessional conduct or grounds for discipline under the specific part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession. (10) Nothing in this section relieves an applicant, licensee, certificate holder, or registrant from the obligation to report adverse actions to the applicable regulator, as required by the applicable laws in this title 12 regulating that profession. (11) The director may adopt rules, as necessary, to implement this section. (12) This section is repealed, effective September 1, 2021. Before the repeal, the functions of the program under this section are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 757, § 1, effective October 1. Colorado Revised Statutes 2019 Page 139 of 890 Uncertified Printout Editor's note: This section is similar to former § 24-34-110 as it existed prior to 2019. 12-30-103. Solicitation of accident victims - waiting period - definitions. (1) Except as permitted by subsection (2) of this section, neither a health care practitioner nor an agent of a health care practitioner shall engage in solicitation for professional employment concerning a personal injury unless the incident for which employment is sought occurred more than thirty days before the solicitation. (2) This section does not apply to any person providing emergency health care at the time of the incident or follow-up referrals to physicians from the emergency health care providers. (3) Any agreement made in violation of this section is voidable at the option of the individual suffering the personal injury or the individual's authorized representative. (4) As used in this section: (a) "Health care practitioner" means: (I) An acupuncturist licensed under article 200 of this title 12; (II) An audiologist licensed under article 210 of this title 12; (III) A chiropractor licensed under article 215 of this title 12; (IV) A dentist or dental hygienist licensed under article 220 of this title 12; (V) A massage therapist licensed under article 235 of this title 12; (VI) A physician, physician assistant, or anesthesiologist assistant licensed under article 240 of this title 12; (VII) A psychologist, social worker, marriage and family therapist, professional counselor, or addiction counselor licensed under part 3, 4, 5, 6, or 8 of article 245 of this title 12; (VIII) A practical or professional nurse licensed under article 255 of this title 12; (IX) A nursing home administrator licensed under article 265 of this title 12; (X) An occupational therapist or occupational therapy assistant licensed under article 270 of this title 12; (XI) An optometrist licensed under article 275 of this title 12; (XII) A pharmacist licensed under article 280 of this title 12; (XIII) A physical therapist or physical therapist assistant licensed under article 285 of this title 12; (XIV) A podiatrist licensed under article 290 of this title 12; (XV) A psychiatric technician licensed under article 295 of this title 12; or (XVI) A respiratory therapist licensed under article 300 of this title 12. (b) "Solicitation" means an initial contact initiated in person, through any form of electronic or written communication, or by telephone, telegraph, or facsimile, any of which is directed to a specific individual, unless the contact is requested by the individual, a member of the individual's family, or the individual's authorized representative. "Solicitation" does not include radio, television, newspaper, or yellow pages advertisements. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 764, § 1, effective October 1. Editor's note: This section is similar to former § 12-29.1-102 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 140 of 890 Uncertified Printout 12-30-104. Health care prescriber boards - disciplinary procedures - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Health care prescriber board" or "board" means: (I) The Colorado podiatry board created in section 12-290-105; (II) The Colorado dental board created in section 12-220-105; (III) The Colorado medical board created in section 12-240-105; (IV) The state board of nursing created in section 12-255-105; (V) The state board of optometry created in section 12-275-107; and (VI) The state board of veterinary medicine created in section 12-315-106. (b) "Licensee" means an individual who is licensed or otherwise regulated by a board. (2) Except as specified in subsection (4) of this section, notwithstanding any other provision of law in title 24 or this title 12, each health care prescriber board shall: (a) Within fifteen days after receipt of a complaint, provide the complainant with a written notice providing contact information for the board and a summary of the regulatory and statutory procedures, timelines, and complainant and respondent rights that apply to the processing and resolution of complaints, including, if the complainant is the patient of the licensee who is the subject of the complaint, a notice of the patient's right to receive from the licensee a copy of the complainant's patient records pursuant to sections 25-1-801 and 25-1-802; (b) If an investigation was initiated by a complaint and the board took public formal action regarding the alleged misconduct, provide the complainant, within thirty days after the action, with written notice of the action taken by the board; (c) If a complaint is still pending after six months, notify the complainant that the complaint remains pending, subject to applicable restrictions in the board's governing law; and (d) Update its website within thirty days after suspending or revoking a license to separately list each licensee subject to the suspension or revocation. (3) If patient records are potentially relevant to resolution of a complaint against a licensee and the licensee is the custodian of the records, the licensee shall provide the board with the patient records within thirty days after the board requests the records. (4) If any provision of article 4 of title 24 or article 220, 240, 255, 275, 290, or 315 of this title 12 is more protective of complainants' rights or results in a more expeditious resolution of disciplinary proceedings than a corresponding provision of this section, that provision applies rather than the corresponding provision of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 766, § 1, effective October 1. Editor's note: This section is similar to former § 24-34-112 as it existed prior to 2019. 12-30-105. Nurse-physician advisory task force for Colorado health care - creation duties - definition - repeal. (1) There is hereby created, within the division, the nurse-physician advisory task force for Colorado health care, referred to in this section as "NPATCH". The purpose of the NPATCH is to promote public safety and improve health care in Colorado by supporting collaboration and communication between the practices of nursing and medicine. The NPATCH shall: (a) Promote patient safety and quality care; Colorado Revised Statutes 2019 Page 141 of 890 Uncertified Printout (b) Address issues of mutual concern at the interface of the practices of nursing and medicine; (c) Inform public policy-making; and (d) Make consensus recommendations to policy-making and rule-making entities, including: (I) Recommendations to the state board of nursing created in section 12-255-105 and the Colorado medical board created in section 12-240-105 regarding the transition to the articulated plan model and harmonizing language for articulated plans; and (II) Recommendations to the executive director. (2) (a) The NPATCH consists of twelve members appointed as follows: (I) One member of the state board of nursing, appointed by the president of the board; (II) One member of the Colorado medical board, appointed by the president of the board; (III) Ten members appointed by the governor as follows: (A) Three members recommended by and representing a statewide professional nursing organization; (B) Three members recommended by and representing a statewide physicians' organization; (C) One member representing the nursing community who may or may not be a member of a statewide professional nursing organization; (D) One member representing the physician community who may or may not be a member of a statewide physicians' organization; and (E) Two members representing consumers. (b) The members of the NPATCH shall serve on a voluntary basis without compensation and shall serve three-year terms; except that, in order to ensure staggered terms of office, four of the initial appointees shall serve initial one-year terms and four of the initial appointees shall serve initial two-year terms. (3) (a) Except as provided in subsection (3)(b) of this section, the NPATCH may develop its own bylaws and procedures to govern its operations. (b) A recommendation of the NPATCH requires the consensus of the members of the task force. For purposes of this section, "consensus" means an agreement, decision, or recommendation that all members of the task force can actively support and that no member actively opposes. (4) The division shall staff the NPATCH. The division's costs for administering and staffing the NPATCH shall be funded by an increase in fees for professional and advanced practice nursing and medical license renewal fees, as authorized in sections 12-240-130 and 12255-107 (1)(b)(I), with fifty percent of the funding derived from the physician license renewal fees and fifty percent derived from the professional and advanced practice nursing fees. (5) The NPATCH shall prioritize consideration of and make recommendations on the following topics: (a) Facilitating a smooth transition to the articulated plan model, as described in sections 12-240-108 and 12-255-112 (4); (b) The framework for articulated plans, including creation of sample plans; (c) Quality assurance mechanisms for all medication prescribers; (d) Evidence-based guidelines; (e) Decision support tools; Colorado Revised Statutes 2019 Page 142 of 890 Uncertified Printout (f) Safe prescribing metrics for all medication prescribers; (g) Methods to foster effective communication between health professions; (h) Health care delivery system integration and related improvements; (i) Physician standards, process, and metrics to ensure appropriate consultation, collaboration, and referral regarding advanced practice nurse prescriptive authority; and (j) Prescribing issues regarding providers other than physicians and advanced practice nurses. (6) The NPATCH shall make recommendations pursuant to this section to the executive director. (7) This section is repealed, effective September 1, 2020. Before the repeal, the functions of the NPATCH are scheduled for review in accordance with section 2-3-1203. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 767, § 1, effective October 1. Editor's note: This section is similar to former § 24-34-109 as it existed prior to 2019. 12-30-106. Health care work force data collection - repeal. (1) On or before July 1, 2013, the director of the division shall implement a system to collect health care work force data from health care professionals who are eligible for the Colorado health service corps pursuant to part 5 of article 1.5 of title 25, from practical and professional nurses licensed pursuant to article 255 of this title 12, and from pharmacists licensed pursuant to article 280 of this title 12, collectively referred to in this section as "health care professionals". Each health care professional shall submit the data as part of the initial licensure process and upon the renewal of the health care professional's license. Neither an executive department nor a board in an executive department is responsible for verifying the data or disciplining a health care professional for noncompliance with this section. (2) The director of the division shall request each health care professional to provide data recommended by the director of the primary care office created pursuant to section 25-1.5403 in the department of public health and environment, in consultation with the advisory group formed pursuant to subsection (3) of this section. The director of the division has final approval authority regarding the form and manner of the data collected. The data collected concerns: (a) Each practice address of the health care professional; (b) The number of hours the health care professional provides direct patient care at each practice location; (c) Any specialties of the health care professional, if applicable; (d) Information about each practice setting type; (e) The health care professional's education and training related to the health care professional's profession; and (f) The year of birth of the health care professional. (3) (a) (I) The director of the primary care office shall designate an advisory group comprised of: (A) A representative of the department of regulatory agencies as determined by the executive director; (B) The director of the division or the director's designee; Colorado Revised Statutes 2019 Page 143 of 890 Uncertified Printout (C) Representatives of the affected health care professions; and (D) Individuals with expertise in health care work force research, analysis, and planning. (II) The advisory group is to be convened by a nonprofit statewide membership organization that provides programs and services to enhance rural health care in Colorado. (III) The members of the advisory group shall serve without compensation or reimbursement for actual or necessary expenses incurred in the performance of their duties. (IV) The advisory group shall recommend the structure of the data elements in subsection (2) of this section. The advisory group shall consider, but is not limited to using, the division's existing data fields as a possible structure for the data elements recommended in this section. The director of the division has final approval authority regarding the structure of the data elements. (b) The director of the division shall ensure that the data provided by health care professionals is available to the primary care office in electronic format for analysis. A member of the public may request, in writing, unanalyzed data from the primary care office. Data available to the public must be limited to unique records that do not include names or other identifying information. (c) The advisory group is repealed, effective September 1, 2022. Before the repeal, the advisory group is scheduled for review in accordance with section 2-3-1203. (4) The director of the division may seek and accept gifts, grants, or donations from private or public sources for the purposes of this section; except that the director may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The director shall transmit all private and public money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the division of professions and occupations cash fund created in section 12-20-105. The money in the fund is subject to annual appropriation by the general assembly to the director for the direct and indirect costs associated with implementing this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 769, § 1, effective October 1. Editor's note: This section is similar to former § 24-34-110.5 as it existed prior to 2019. 12-30-107. Mammography report - dense breast tissue - required notice. (1) Each person who is required by 42 U.S.C. sec. 263b to provide a patient, the patient's physician, or a medical institution with a mammography report and who has determined that the patient has dense breast tissue, as determined by the interpreting physician based on breast imaging reporting and data system standards promulgated by the American College of Radiology, shall include the following notice with the mammography report: Your mammogram shows that your breast tissue is dense. Dense breast tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your doctor. Together, you can decide which screening options are right for you. A report of your results was sent to your physician. Colorado Revised Statutes 2019 Page 144 of 890 Uncertified Printout (2) Notwithstanding any other law, this section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 771, § 1, effective October 1. Editor's note: This section is similar to former § 12-1.5-201 as it existed prior to 2019. 12-30-108. Confidential agreement to limit practice - violation grounds for discipline. (1) (a) If a licensee, registrant, or certificate holder has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder in a manner and within a period determined by the regulator. (b) The regulator may require the licensee, registrant, or certificate holder to submit to an examination or refer the licensee, registrant, or certificate holder to a peer health assistance program, if one exists, to evaluate the extent of the physical illness, physical condition, or behavioral or mental health disorder and its effect on the licensee's, registrant's, or certificate holder's ability to practice with reasonable skill and safety to patients or clients. (2) (a) Upon determining that a licensee, registrant, or certificate holder with a physical illness, physical condition, or behavioral or mental health disorder is able to render limited services with reasonable skill and safety to patients or clients, the regulator may enter into a confidential agreement with the licensee, registrant, or certificate holder in which the licensee, registrant, or certificate holder agrees to limit the person's practice based on the restrictions imposed by the physical illness, physical condition, or behavioral or mental health disorder, as determined by the regulator. (b) As part of the agreement, the licensee, registrant, or certificate holder is subject to periodic reevaluations or monitoring as determined appropriate by the regulator. The regulator may refer the licensee, registrant, or certificate holder to a peer assistance health program, if one exists, for reevaluation or monitoring. (c) The parties may modify or dissolve the agreement as necessary based on the results of a reevaluation or of monitoring. (3) By entering into an agreement with the regulator pursuant to this section, the licensee, registrant, or certificate holder is not engaging in activities that constitute grounds for discipline. The agreement does not constitute a restriction or discipline by the regulator. However, if the licensee, registrant, or certificate holder fails to comply with the terms of an agreement entered into pursuant to this section, the failure constitutes grounds for discipline or unprofessional conduct, as applicable, and the licensee, registrant, or certificate holder is subject to discipline in accordance with section 12-20-404 and the part or article of this title 12 that governs the particular profession or occupation. (4) (a) This section does not apply to: (I) The following health care professionals: (A) Chiropractors regulated pursuant to article 215 of this title 12; (B) Hearing aid providers regulated pursuant to article 230 of this title 12; Colorado Revised Statutes 2019 Page 145 of 890 Uncertified Printout (C) Nurses regulated pursuant to article 255 of this title 12; (D) Nurse aides regulated pursuant to article 260 of this title 12; (E) Nursing home administrators regulated pursuant to article 265 of this title 12; or (F) and (G) Repealed. (H) Surgical assistants and surgical technologists regulated pursuant to article 310 of this title 12; or (II) A licensee, registrant, or certificate holder subject to discipline for habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5). (b) Subsection (1)(a) of this section regarding notification for confidential agreements does not apply to: (I) Article 275 of this title 12 concerning optometrists; (II) Article 315 of this title 12 concerning veterinarians. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 771, § 1, effective October 1; (4)(a)(I)(F) repealed, (SB 19-153), ch. 369, p. 3379, § 9, effective October 1; (4)(a)(I)(G) repealed, (SB 19-154), ch. 169, p. 1978, § 20, effective October 1. Editor's note: (1) This section is similar to former § 12-43-221.5 as it existed prior to 2019. (2) (a) Section 15 of chapter 369 (SB 19-153), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. (b) Section 21 of chapter 169 (SB 19-154), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-30-109. Prescribing opioids - limitations - definition - repeal. (1) (a) An opioid prescriber shall not prescribe more than a seven-day supply of an opioid to a patient who has not had an opioid prescription in the last twelve months by that opioid prescriber, and may exercise discretion to include a second fill for a seven-day supply. The limits on initial prescribing do not apply if, in the judgment of the opioid prescriber, the patient: (I) Has chronic pain that typically lasts longer than ninety days or past the time of normal healing, as determined by the opioid prescriber, or following transfer of care from another opioid prescriber who practices the same profession and who prescribed an opioid to the patient; (II) Has been diagnosed with cancer and is experiencing cancer-related pain; (III) Is experiencing post-surgical pain that, because of the nature of the procedure, is expected to last more than fourteen days; or (IV) Is undergoing palliative care or hospice care focused on providing the patient with relief from symptoms, pain, and stress resulting from a serious illness in order to improve quality of life; except that this subsection (1)(a)(IV) applies only if the opioid prescriber is a physician, a physician assistant, or an advanced practice nurse. (b) Prior to prescribing the second fill of any opioid prescription pursuant to this section, an opioid prescriber must comply with the requirements of section 12-280-404 (4). Failure to Colorado Revised Statutes 2019 Page 146 of 890 Uncertified Printout comply with section 12-280-404 (4) constitutes unprofessional conduct or grounds for discipline, as applicable, under section 12-220-130, 12-240-121, 12-255-120, 12-275-120, 12-290-108, or 12-315-112, as applicable to the particular opioid prescriber, only if the opioid prescriber repeatedly fails to comply. (2) [Editor's note: This version of subsection (2) is effective until July 1, 2021.] An opioid prescriber licensed pursuant to article 220, 240, 255, 275, 290, or 315 of this title 12 may prescribe opioids electronically. (2) [Editor's note: This version of subsection (2) is effective July 1, 2021, until July 1, 2023.] An opioid prescriber licensed pursuant to article 220 or 315 of this title 12 may prescribe opioids electronically. (2) [Editor's note: This version of subsection (2) is effective July 1, 2023.] An opioid prescriber licensed pursuant to article 315 of this title 12 may prescribe opioids electronically. (3) A violation of this section does not create a private right of action or serve as the basis of a cause of action. A violation of this section does not constitute negligence per se or contributory negligence per se and does not alone establish a standard of care. Compliance with this section does not alone establish an absolute defense to any alleged breach of the standard of care. (4) As used in this section, "opioid prescriber" means: (a) A dentist licensed pursuant to article 220 of this title 12; (b) A physician or physician assistant licensed pursuant to article 240 of this title 12; (c) An advanced practice nurse with prescriptive authority pursuant to section 12-255112; (d) An optometrist licensed pursuant to article 275 of this title 12; (e) A podiatrist licensed pursuant to article 290 of this title 12; or (f) A veterinarian licensed pursuant to article 315 of this title 12. (5) This section is repealed, effective September 1, 2021. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 773, § 1, effective October 1; (2) amended, (SB 19-079), ch. 86, p. 316, § 16, effective July 1, 2021; (2) amended, (SB 19-079), ch. 86, p. 316, § 17, effective July 1, 2023. Editor's note: (1) This section is similar to former § 12-36-117.6 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in SB 19-079. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019. (3) Amendments to subsection (2) by sections 16 and 17 of SB 19-079 were harmonized, effective July 1, 2023. (4) (a) Section 26(2)(b) of chapter 86 (SB 19-079), Session Laws of Colorado 2019, provides that the act changing this section takes effect July 1, 2021, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. (b) Section 26(2)(c) of chapter 86 (SB 19-079), Session Laws of Colorado 2019, provides that the act changing this section takes effect July 1, 2023, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. Colorado Revised Statutes 2019 Page 147 of 890 Uncertified Printout 12-30-110. Prescribing or dispensing opiate antagonists - authorized recipients definitions. (1) (a) A prescriber may prescribe or dispense, directly or in accordance with standing orders and protocols, and a pharmacist may dispense, pursuant to an order or standing orders and protocols, an opiate antagonist to: (I) An individual at risk of experiencing an opiate-related drug overdose event; (II) A family member, friend, or other person in a position to assist an individual at risk of experiencing an opiate-related drug overdose event; (III) An employee or volunteer of a harm reduction organization; (IV) A law enforcement agency or first responder; (V) A school district, school, or employee or agent of a school; or (VI) A person described in section 25-20.5-1001. (b) A law enforcement agency or first responder; an employee or volunteer of a harm reduction organization; a school district, school, or employee or agent of a school; or a person described in section 25-20.5-1001 may, pursuant to an order or standing orders and protocols: (I) Possess an opiate antagonist; (II) Furnish an opiate antagonist to a family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opiate-related drug overdose event; or (III) Administer an opiate antagonist to an individual experiencing, or who a reasonable person would believe is experiencing, an opiate-related drug overdose event. (2) (a) A prescriber who prescribes or dispenses, or a pharmacist who dispenses, an opiate antagonist pursuant to this section is strongly encouraged to educate persons receiving the opiate antagonist on the use of an opiate antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opiate antagonist. (b) A law enforcement agency, first responder, harm reduction organization, or person described in section 25-20.5-1001 is strongly encouraged to educate its employees and volunteers, as well as persons receiving an opiate antagonist from the law enforcement agency, first responder, harm reduction organization, or person described in section 25-20.5-1001, on the use of an opiate antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opiate antagonist. (3) Neither a prescriber described in subsection (7)(h)(I) of this section nor a pharmacist engages in unprofessional conduct pursuant to section 12-240-121 or 12-280-126, respectively, and a prescriber described in subsection (7)(h)(II) of this section does not engage in conduct that is grounds for discipline pursuant to section 12-255-120, if the prescriber issues standing orders and protocols regarding opiate antagonists or prescribes or dispenses, or the pharmacist dispenses, pursuant to an order or standing orders and protocols, an opiate antagonist in a goodfaith effort to assist: (a) An individual who is at risk of experiencing an opiate-related drug overdose event; (b) A family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opiate-related drug overdose event; or (c) The following persons in responding to, treating, or otherwise assisting an individual who is experiencing or is at risk of experiencing an opiate-related drug overdose event or a friend, family member, or other person in a position to assist an at-risk individual: Colorado Revised Statutes 2019 Page 148 of 890 Uncertified Printout (I) A law enforcement agency or first responder; (II) An employee or volunteer of a harm reduction organization; (III) A school district, school, or employee or agent of a school; or (IV) A person described in section 25-20.5-1001. (4) (a) A prescriber or pharmacist who prescribes or dispenses an opiate antagonist in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively. (b) A law enforcement agency or first responder; an employee or volunteer of a harm reduction organization; a school district, school, or employee or agent of a school; or a person described in section 25-20.5-1001 acting in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively. (5) This section does not establish a duty or standard of care for prescribers regarding the prescribing, dispensing, or administering of an opiate antagonist. (6) Nothing in this section limits or otherwise affects the prescriptive authority of a health care professional licensed under article 220, 275, 290, or 315 of this title 12. (7) As used in this section: (a) "First responder" means: (I) A peace officer, as defined in section 16-2.5-101; (II) A firefighter, as defined in section 29-5-203 (10); or (III) A volunteer firefighter, as defined in section 31-30-1102 (9). (b) "Harm reduction organization" means an organization that provides services, including medical care, counseling, homeless services, or drug treatment, to individuals at risk of experiencing an opiate-related drug overdose event or to the friends and family members of an at-risk individual. (c) "Opiate" has the same meaning as set forth in section 18-18-102 (21). (d) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose. (e) "Opiate-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be caused by an opiate-related drug overdose event; and (III) Requires medical assistance. (f) "Order" has the same meaning as set forth in section 12-280-103 (31). (g) "Pharmacist" means an individual licensed by the state pursuant to article 280 of this title 12 to engage in the practice of pharmacy. (h) "Prescriber" means: (I) A physician or physician assistant licensed pursuant to article 240 of this title 12; or (II) An advanced practice nurse, as defined in section 12-255-104 (1), with prescriptive authority pursuant to section 12-255-112. (i) "Protocol" means a specific written plan for a course of medical treatment containing a written set of specific directions created by a physician, group of physicians, hospital medical Colorado Revised Statutes 2019 Page 149 of 890 Uncertified Printout committee, pharmacy and therapeutics committee, or other similar practitioners or groups of practitioners with expertise in the use of opiate antagonists. (i.5) "School" means an elementary or secondary public or nonpublic school whose governing authority has adopted and implemented a policy pursuant to section 22-1-119.1. (j) "Standing order" means a prescription order written by a prescriber that is not specific to and does not identify a particular patient. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 774, § 1, effective October 1; (1)(a)(III), (1)(a)(IV), IP(1)(b), (2)(b), IP(3), (3)(c), and (4)(b) amended and (1)(a)(V), (1)(a)(VI), and (7)(i.5) added, (SB 19-227), ch. 273, p. 2583, § 14, effective October 1. Editor's note: (1) Subsection (1)(a) is similar to former § 12-36-117.7 (1); subsection (1)(b) is similar to former § 12-42.5-120 (3)(d)(I); subsection (2)(a) is similar to former § 12-36117.7 (2); subsection (2)(b) is similar to former § 12-42.5-120 (3)(d)(II); subsection (3) is similar to former § 12-36-117.7 (3); subsection (4)(a) is similar to former § 12-36-117.7 (4); subsection (4)(b) is similar to former § 12-42.5-120 (3)(d)(III); subsection (5) is similar to former § 12-36117.7 (5); and subsection (7) is similar to former § 12-36-117.7 (6), as those sections existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-227. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-227, chapter 273, Session Laws of Colorado 2019. (b) Section 17 of chapter 273 (SB 19-227), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after May 23, 2019. (3) Section 17 of chapter 273 (SB 19-227), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-30-111. Electronic prescribing of controlled substances - exceptions - rules definitions. (1) (a) Except as provided in subsection (1)(b) of this section, on and after July 1, 2021, a prescriber shall prescribe a controlled substance, as defined in section 18-18-102 (5), that is included in schedule II, III, or IV pursuant to part 2 of article 18 of title 18, only by electronic prescription transmitted to a pharmacy unless: (I) At the time of issuing the prescription, electronic prescribing is not available due to technological or electrical failure; (II) The prescription is to be dispensed at a pharmacy that is located outside of this state; (III) The prescriber is dispensing the controlled substance to the patient; (IV) The prescription includes elements that are not supported by the most recent version of the National Council for Prescription Drug Programs SCRIPT Standard and 21 CFR 1311; Colorado Revised Statutes 2019 Page 150 of 890 Uncertified Printout (V) The federal food and drug administration or drug enforcement administration requires the prescription for the particular controlled substance to contain elements that cannot be satisfied with electronic prescribing; (VI) The prescription is not specific to a patient and allows dispensing of the prescribed controlled substance: (A) Pursuant to a standing order, approved protocol of drug therapy, or collaborative drug management or comprehensive medication management plan; (B) In response to a public health emergency; or (C) Under other circumstances that permit the prescriber to issue a prescription that is not patient-specific; (VII) The prescription is for a controlled substance under a research protocol; (VIII) The prescriber writes twenty-four or fewer prescriptions for controlled substances per year; (IX) The prescriber is prescribing a controlled substance to be administered to a patient in a hospital, nursing care facility, hospice care facility, dialysis treatment clinic, or assisted living residence or to a person who is in the custody of the department of corrections; (X) The prescriber reasonably determines that the patient would be unable to obtain controlled substances prescribed electronically in a timely manner and that the delay would adversely affect the patient's medical condition; or (XI) The prescriber demonstrates economic hardship in accordance with rules adopted by the regulator pursuant to subsection (2)(b) of this section. (b) A prescriber who is a licensed dentist or who is practicing in a rural area of the state or in a practice consisting of only one prescriber shall comply with this subsection (1) on and after July 1, 2023. (2) The regulator for each prescriber subject to this section shall adopt rules: (a) Defining what constitutes a temporary technological or electrical failure for purposes of subsection (1)(a)(I) of this section; and (b) Defining economic hardship for purposes of subsection (1)(a)(XI) of this section and establishing: (I) The process for a prescriber to demonstrate economic hardship, including the information required to be submitted to allow the regulator to make a determination; (II) The period during which the economic hardship exception is effective, which period must not exceed one year; and (III) A process for a prescriber to apply to renew an economic hardship exception, including the information required to be submitted that demonstrates the prescriber's continuing need for the exception. (3) (a) This section does not: (I) Create a private right of action; (II) Serve as the basis of a cause of action; or (III) Establish a standard of care. (b) A violation of this section does not constitute negligence per se or contributory negligence per se. (4) As used in this section: (a) "Prescriber" means: (I) A dentist licensed pursuant to article 220 of this title 12; Colorado Revised Statutes 2019 Page 151 of 890 Uncertified Printout (II) A physician or physician assistant licensed pursuant to article 240 of this title 12; (III) An advanced practice nurse with prescriptive authority pursuant to section 12-255112; (IV) An optometrist licensed pursuant to article 275 of this title 12; or (V) A podiatrist licensed pursuant to article 290 of this title 12. (b) "Rural area" means a county located in a nonmetropolitan area in the state that either: (I) Has no municipality within its territorial boundaries with fifty thousand or more permanent residents based upon the most recent population estimates published by the United States census bureau; or (II) Satisfies alternate criteria for the designation of a rural area as may be promulgated by the federal office of management and budget. Source: L. 2019: Entire section added, (SB 19-079), ch. 86, p. 316, § 18, effective October 1. Editor's note: (1) This section is similar to §§ 12-32-107.7, 12-35-114.5, 12-36-117.9, 12-38-111.7, and 12-40-109.9 as added in SB 19-079. Those sections were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former sections in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019. (2) Section 26 of chapter 86 (SB 19-079), Session Laws of Colorado 2019, provides that the act adding this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-30-112. Health care providers - required disclosures - rules - definitions. [Editor's note: This section is effective January 1, 2020.] (1) For the purposes of this section and section 12-30-113: (a) "Carrier" has the same meaning as defined in section 10-16-102 (8). (b) "Covered person" has the same meaning as defined in section 10-16-102 (15). (c) "Emergency services" has the same meaning as defined in section 10-16-704 (5.5)(e)(II). (d) "Geographic area" has the same meaning as defined in section 10-16-704 (3)(d)(VI)(A). (e) "Health benefit plan" has the same meaning as defined in section 10-16-102 (32). (f) "Medicare reimbursement rate" has the same meaning as defined in section 10-16704 (3)(d)(VI)(B). (g) "Out-of-network provider" means a health care provider that is not a "participating provider" as defined in section 10-16-102 (46). (2) On and after January 1, 2020, health care providers shall develop and provide disclosures to consumers about the potential effects of receiving emergency or nonemergency services from an out-of-network provider. The disclosures must comply with the rules adopted pursuant to subsection (3) of this section. (3) The director, in consultation with the commissioner of insurance and the state board of health created in section 25-1-103, shall adopt rules that specify the requirements for health care providers to develop and provide consumer disclosures in accordance with this section. The Colorado Revised Statutes 2019 Page 152 of 890 Uncertified Printout director shall ensure that the rules are consistent with sections 10-16-704 (12) and 25-3-121 and rules adopted by the commissioner pursuant to section 10-16-704 (12)(b) and by the state board of health pursuant to section 25-3-121 (2). The rules must specify, at a minimum, the following: (a) The timing for providing the disclosures for emergency and nonemergency services with consideration given to potential limitations relating to the federal "Emergency Medical Treatment and Labor Act", 42 U.S.C. sec. 1395dd; (b) Requirements regarding how the disclosures must be made, including requirements to include the disclosures on billing statements, billing notices, or other forms or communications with consumers; (c) The contents of the disclosures, including the consumer's rights and payment obligations pursuant to the consumer's health benefit plan; (d) Disclosure requirements specific to health care providers, including whether a health care provider is out of network, the types of services an out-of-network health care provider may provide, and the right to request an in-network health care provider to provide services; and (e) Requirements concerning the language to be used in the disclosures, including use of plain language, to ensure that carriers, health care facilities, and health care providers use language that is consistent with the disclosures required by this section and sections 10-16-704 (12) and 25-3-121 and the rules adopted pursuant to this subsection (3) and sections 10-16-704 (12)(b) and 25-3-121 (2). (4) Receipt of the disclosures required by this section does not waive a consumer's protections under section 10-16-704 (3) or (5.5) or the consumer's right to benefits under the consumer's health benefit plan at the in-network benefit level for all covered services and treatment received. (5) This section does not apply to service agencies, as defined in section 25-3.5-103 (11.5), that are publicly funded fire agencies. Source: L. 2019: Entire section added, (HB 19-1174), ch. 171, p. 1995, § 8, effective January 1, 2020. Editor's note: (1) Section 10 of chapter 171 (HB 19-1174), Session Laws of Colorado 2019, provides that the act adding this section: (a) Applies to health care services provided on or after January 1, 2020; and (b) Takes effect January 1, 2020, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-30-113. Out-of-network health care providers - out-of-network services - billing - payment. [Editor's note: This section is effective January 1, 2020.] (1) If an out-of-network health care provider provides emergency services or covered nonemergency services to a covered person at an in-network facility, the out-of-network provider shall: (a) Submit a claim for the entire cost of the services to the covered person's carrier; and (b) Not bill or collect payment from a covered person for any outstanding balance for covered services not paid by the carrier, except for the applicable in-network coinsurance, deductible, or copayment amount required to be paid by the covered person. (2) (a) If an out-of-network health care provider provides covered nonemergency services at an in-network facility or emergency services at an out-of-network or in-network Colorado Revised Statutes 2019 Page 153 of 890 Uncertified Printout facility and the health care provider receives payment from the covered person for services for which the covered person is not responsible pursuant to section 10-16-704 (3)(b) or (5.5), the health care provider shall reimburse the covered person within sixty calendar days after the date that the overpayment was reported to the provider. (b) An out-of-network health care provider that fails to reimburse a covered person as required by subsection (2)(a) of this section for an overpayment shall pay interest on the overpayment at the rate of ten percent per annum beginning on the date the provider received the notice of the overpayment. The covered person is not required to request the accrued interest from the out-of-network health care provider in order to receive interest with the reimbursement amount. (3) An out-of-network health care provider shall provide a covered person a written estimate of the amount for which the covered person may be responsible for covered nonemergency services within three business days after a request from the covered person. (4) (a) An out-of-network health care provider must send a claim for a covered service to the carrier within one hundred eighty days after the receipt of insurance information in order to receive reimbursement as specified in this subsection (4)(a). The reimbursement rate is the greater of: (I) One hundred five percent of the carrier's median in-network rate of reimbursement for that service provided in the same geographic area; or (II) The median in-network rate of reimbursement for the same service in the same geographic area for the prior year based on claims data from the all-payer health claims database created in section 25.5-1-204. (b) If the out-of-network health care provider submits a claim for covered services after the one-hundred-eighty-day period specified in subsection (4)(a) of this section, the carrier shall reimburse the health care provider one hundred twenty-five percent of the medicare reimbursement rate for the same services in the same geographic area. (c) The health care provider shall not bill a covered person any outstanding balance for a covered service not paid for by the carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person. (5) A health care provider may initiate arbitration pursuant to section 10-16-704 (15) if the health care provider believes the payment made pursuant to subsection (4) of this section is not sufficient. Source: L. 2019: Entire section added, (HB 19-1174), ch. 171, p. 1997, § 8, effective January 1, 2020. Editor's note: (1) Section 10 of chapter 171 (HB 19-1174), Session Laws of Colorado 2019, provides that the act adding this section: (a) Applies to health care services provided on or after January 1, 2020; and (b) Takes effect January 1, 2020, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. Cross references: For definitions applicable to this section, see § 12-30-112. Colorado Revised Statutes 2019 Page 154 of 890 Uncertified Printout 12-30-114. Demonstrated competency - opiate prescribers - rules - definition. (1) (a) The applicable licensing board for each licensed health care provider shall promulgate rules that require each licensed health care provider, as a condition of renewing, reactivating, or reinstating a license on or after October 1, 2019, to complete up to four credit hours of training per licensing cycle in order to demonstrate competency regarding: Best practices for opioid prescribing, according to the most recent version of the division's guidelines for the safe prescribing and dispensing of opioids; recognition of substance use disorders; referral of patients with substance use disorders for treatment; and the use of the electronic prescription drug monitoring program created in part 4 of article 280 of this title 12. (b) The rules promulgated by each board shall exempt a licensed health care provider who: (I) Maintains a national board certification that requires equivalent substance use prevention training; or (II) Attests to the appropriate board that the health care provider does not prescribe opioids. (2) For the purposes of this section, "licensed health care provider" includes a physician, physician assistant, podiatrist, dentist, advanced practice nurse with prescriptive authority, optometrist, and veterinarian licensed pursuant to this title 12. Source: L. 2019: Entire section added, (SB 19-228), ch. 276, p. 2609, § 14, effective October 1. Editor's note: (1) Section 20 of chapter 276 (SB 19-228), Session Laws of Colorado 2019, provides that the act adding this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. PART 2 PROFESSIONAL REVIEW OF HEALTH CARE PROVIDERS Law reviews: For article, "The Colorado Peer Review Act: The Fog Lifts", see 30 Colo. Law. 57 (Jan. 2001). 12-30-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the Colorado medical board created in article 240 of this title 12 and the state board of nursing created in article 255 of this title 12 act for the state in their sovereign capacity to govern licensure, discipline, and professional review of persons licensed to practice medicine, persons licensed as physician assistants, and advanced practice nurses, respectively, in this state. The general assembly further finds, determines, and declares that: (a) The authority to provide health care in this state is a privilege granted by the legislative authority of the state; and Colorado Revised Statutes 2019 Page 155 of 890 Uncertified Printout (b) It is necessary for the health, safety, and welfare of the people of this state that the appropriate regulatory boards exercise their authority to protect the people of this state from unauthorized practice and unprofessional conduct by persons licensed to provide health care under articles 240 and 255 of this title 12. (2) The general assembly recognizes that: (a) Many patients of persons licensed to provide health care in this state have restricted choices of health care providers under a variety of circumstances and conditions; (b) Many patients lack the knowledge, experience, or education to properly evaluate the quality of medical or nursing practice or the professional conduct of persons licensed to practice medicine, persons licensed as physician assistants, and advanced practice nurses; and (c) It is necessary and proper that the respective regulatory boards exercise their regulatory authority to protect the health, safety, and welfare of the people of this state. (3) The general assembly recognizes that, in the proper exercise of their authority and responsibilities under this part 2, the Colorado medical board and the state board of nursing must, to some extent, replace competition with regulation, and that the replacement of competition by regulation, particularly with regard to persons licensed under article 240 of this title 12 or to advanced practice nurses, is related to a legitimate state interest in the protection of the health, safety, and welfare of the people of this state. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 777, § 1, effective October 1. Editor's note: This section is similar to former § 12-36.5-101 as it existed prior to 2019. 12-30-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Advanced practice nurse" has the same meaning as set forth in section 12-255-104 (1). (2) "Authorized entity" means a corporation, organization, or entity that is authorized to establish a professional review committee under section 12-30-204 (5) or (6) or under rules of the medical board or nursing board adopted pursuant to section 12-30-204 (6). (3) "CMS" means the federal centers for medicare and medicaid services. (4) "Governing board" means a board, board of trustees, governing board, or other body, or duly authorized subcommittee thereof, of an authorized entity, which board or body has final authority pursuant to the entity's written bylaws, policies, or procedures to take final action regarding the recommendations of a professional review committee. (5) "Joint Commission" means the Joint Commission or its successor entity. (6) "Medical board" means the Colorado medical board created in section 12-240-105 (1). (6.5) "Original source document" means any separate written document created or prepared in the ordinary course of business that is not otherwise privileged or confidential, including electronic records and electronic communications, containing factual information relating solely to the individual patient in interest in a civil action that is not created or prepared as part of the professional review activities or created by or at the direction of a professional review committee. Colorado Revised Statutes 2019 Page 156 of 890 Uncertified Printout (7) "Professional review committee" means any committee authorized under this part 2 to review and evaluate the competence, professional conduct of, or the quality and appropriateness of patient care provided by, any person licensed under article 240 of this title 12 or an advanced practice nurse. "Professional review committee" includes a governing board, a hearing panel appointed by a governing board to conduct a hearing under section 12-30-204 (8)(a), and an independent third party designated by a governing board under section 12-30-204 (9)(b). (8) (a) "Records" means any and all written, electronic, or oral communications by any person arising from any activities of a professional review committee, including a governing board, established by an authorized entity under this part 2 or by the agent or staff thereof, including any: (I) Letters of reference; (II) Complaint, response, or correspondence related to the complaint or response; (III) Interviews or statements, reports, memoranda, assessments, and progress reports developed to assist in professional review activities; (IV) Assessments and progress reports to assist in professional review activities, including reports and assessments developed by independent consultants in connection with professional review activities; and (V) Recordings or transcripts of proceedings, minutes, formal recommendations, decisions, exhibits, and other similar items or documents related to professional review activities and typically constituting the records of administrative proceedings. (b) "Records" does not include any written, electronic, or oral communications by any person that are otherwise available from a source outside the scope of professional review activities, including medical records and other health information, incident reports prepared in the ordinary course of business, and relevant hospital or facility policies, procedures, and protocols, or other original source documents. (9) "State board of nursing" or "nursing board" means the state board of nursing created in section 12-255-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 778, § 1, effective October 1; (6.5) added and (8)(b) amended, (SB 19-234), ch. 181, p. 2053, § 7, effective October 1. Editor's note: (1) This section is similar to former § 12-36.5-102 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in SB 19-234. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-234, chapter 181, Session Laws of Colorado 2019. (3) Section 10 of chapter 181 (SB 19-234), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-30-203. Use of professional review committees. (1) (a) The general assembly recognizes that: Colorado Revised Statutes 2019 Page 157 of 890 Uncertified Printout (I) The medical board and the nursing board, while assuming and retaining ultimate authority for licensure and discipline in accordance with articles 240 and 255 of this title 12, respectively, and in accordance with this part 2, cannot practically and economically assume responsibility over every single allegation or instance of purported deviation from the standards of quality for the practice of medicine or nursing, from the standards of professional conduct, or from the standards of appropriate care; and (II) An attempt to exercise this oversight would result in extraordinary delays in the determination of the legitimacy of the allegations and would result in the inappropriate and unequal exercise of their authority to license and discipline persons licensed under article 240 of this title 12 or advanced practice nurses. (b) It is therefore the intent of the general assembly that the medical board and the nursing board utilize and allow professional review committees and governing boards to assist them in meeting their responsibilities under articles 240 and 255 of this title 12, respectively, and under this part 2. (2) Persons licensed under article 240 of this title 12 and advanced practice nurses are encouraged to serve upon professional review committees when called to do so and to study and review in an objectively reasonable manner the professional conduct of persons licensed under article 240 of this title 12 or advanced practice nurses, including the competence, professional conduct of, or the quality and appropriateness of patient care provided by, those persons. (3) (a) The use of professional review committees is an extension of the authority of the medical board and nursing board. However, except as otherwise provided in this part 2, nothing in this part 2 limits the authority of professional review committees properly constituted under this part 2. (b) Professional review committees, the members who constitute the committees, governing boards, authorized entities, and persons who participate directly or indirectly in professional review activities are granted certain immunities from liability arising from actions that are within the scope of their activities as provided in section 12-30-207. These grants of immunity from liability are necessary to ensure that professional review committees and governing boards can exercise their professional knowledge and judgment. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 779, § 1, effective October 1. Editor's note: This section is similar to former § 12-36.5-103 as it existed prior to 2019. 12-30-204. Establishment of professional review committees - function - rules. (1) A professional review committee may be established pursuant to this section to review and evaluate the competence of, the quality and appropriateness of patient care provided by, or the professional conduct of, any person licensed under article 240 of this title 12 or any advanced practice nurse. (2) Licensed physicians who are actively engaged in the practice of medicine in this state must constitute a majority of the voting members of any professional review committee established pursuant to this section for physicians and physician assistants; except that physicians need not constitute the majority of the voting members of a governing board Colorado Revised Statutes 2019 Page 158 of 890 Uncertified Printout authorized by subsection (5)(i) of this section or an independent third party designated by a governing board under subsection (9)(b) of this section. (3) A professional review committee that is reviewing the competence of, the quality and appropriateness of patient care provided by, or the professional conduct of, an advanced practice nurse must either: (a) Have, as a voting member, at least one advanced practice nurse with a scope of practice similar to that of the person who is the subject of the review; or (b) Engage, to perform an independent review as appropriate, an independent person who is an advanced practice nurse with a scope of practice similar to that of the person who is the subject of the review. The person conducting the independent review must be a person who was not previously involved in the review. (3.5) A professional review committee of a hospital licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1)(a) is encouraged to appoint a consumer to serve as a nonvoting member of the professional review committee, so long as the consumer complies with the hospital's conflict of interest policies, enters into a confidentiality agreement acceptable to the hospital, and enters into a business associate agreement in accordance with the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended. (4) A quality improvement organization, as defined pursuant to 42 U.S.C. sec. 1320c-1, or any other organization performing similar review services under federal or state law is an approved professional review committee under this part 2. (5) A professional review committee established by any of the following authorized entities is an approved professional review committee under this part 2 if it operates in compliance with written bylaws, policies, or procedures that are in compliance with this part 2 and that have been approved by the authorized entity's governing board and if it is registered with the division in accordance with section 12-30-206: (a) The medical staff of a hospital licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II); (b) The medical staff of a hospital-related corporation. For the purposes of this subsection (5)(b), an entity is a "hospital-related corporation" if the licensed or certified hospital or holding company of the licensed or certified hospital has ownership or control of the entity. (c) A society or association of physicians whose membership includes not less than onethird of the doctors of medicine or doctors of osteopathy licensed to practice and residing in this state, if the physician whose services are the subject of the review is a member of the society or association; (d) A society or association of advanced practice nurses who reside in this state, if the advanced practice nurse whose services are the subject of the review is a member of the society or association; (e) A society or association of physicians licensed to practice and residing in this state and specializing in a specific discipline of medicine, whose society or association has been designated by the medical board as a specialty society or association representative of physicians practicing the specific discipline of medicine, if the physician whose services are the subject of the review is a member of the specialty society or association; (f) A society or association of advanced practice nurses who practice in a specified nursing role and population focus, as defined by the nursing board, which society or association Colorado Revised Statutes 2019 Page 159 of 890 Uncertified Printout has been designated by the nursing board as the specific nursing society or association representative of those advanced practice nurses practicing in that nursing role and population focus, if the advanced practice nurse whose services are the subject of the review is a member of the designated nursing society or association; (g) An individual practice association or a preferred provider organization consisting of persons licensed under article 240 of this title 12 or of advanced practice nurses, or a medical group that predominantly serves members of a health maintenance organization licensed pursuant to parts 1 and 4 of article 16 of title 10. A professional review committee established pursuant to this subsection (5)(g) has jurisdiction to review persons licensed under article 240 of this title 12 or advanced practice nurses only if the persons licensed under said article or the advanced practice nurses are members of the association or organization creating and authorizing that committee; except that the professional review committee may review the care provided to a particular patient referred by a member of the association or organization to another person who is not a member of the association or organization and is licensed under article 240 of this title 12 or is an advanced practice nurse. (h) A corporation authorized pursuant to article 3 of title 10 to insure persons licensed under article 240 of this title 12 or advanced practice nurses or any other organization authorized to insure such persons in this state when designated by the medical board or nursing board under subsection (6) of this section; (i) The governing board of any authorized entity that has a professional review committee established pursuant to article 240 or 255 of this title 12; (j) Any professional review committee established or created by a combination or pooling of any authorized entities; (k) (I) A nonprofit corporation or association consisting of representatives from a statewide professional society and a statewide hospital association. The association must consist of persons licensed under article 240 of this title 12 or advanced practice nurses, hospital administrators, and hospital trustees, with a majority of the representatives being persons licensed under article 240 of this title 12 when the subject of the investigation is a person licensed under article 240 of this title 12, and at least one of the representatives being an advanced practice nurse when the subject of the investigation is an advanced practice nurse. The association may establish, or contract for, one or more professional review committees to review the care by hospital staff personnel who are licensed under article 240 of this title 12 or are advanced practice nurses, with priority given to small rural hospital staffs. These professional review services must be available statewide on a fee-for-service basis to licensed or certified hospitals at the joint request of the governing board and the medical or nursing staff of the hospital or at the sole request of the governing board of the hospital. If a member being reviewed specializes in a generally recognized specialty of medicine or nursing, at least one of the health care providers on the professional review committee must be a person who is licensed under article 240 of this title 12 or is an advanced practice nurse and who practices such specialty. (II) For purposes of the introductory portion to this subsection (5) and this subsection (5)(k), the bylaws, policies, or procedures must be in compliance with this part 2 and approved by the nonprofit corporation or association. (l) The medical or nursing staff of an ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25; (m) A professional services entity organized pursuant to section 12-240-138; Colorado Revised Statutes 2019 Page 160 of 890 Uncertified Printout (n) A provider network that is organized pursuant to part 3 of article 18 of title 6 and includes persons licensed under article 240 of this title 12 or advanced practice nurses; (o) A health system that includes two or more authorized entities with a common governing board; (p) A trust organization established under article 70 of title 11; (q) An entity licensed pursuant to parts 1 and 4 of article 16 of title 10; (r) An accountable care organization established under the federal "Patient Protection and Affordable Care Act", Pub.L. 111-148, as amended, or other organization with a similar function; (s) A hospital licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II); and (t) An ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25. (6) The medical board and the nursing board, with respect to the licensees subject to their jurisdiction, may establish by rule procedures necessary to authorize other health care or physician organizations or professional societies as authorized entities that may establish professional review committees. (7) (a) A professional review committee acting pursuant to this part 2 may investigate or cause to be investigated: (I) The qualifications and competence of any person licensed under article 240 of this title 12 or any advanced practice nurse who seeks to subject himself or herself to the authority of any authorized entity; or (II) The quality or appropriateness of patient care rendered by, or the professional conduct of, any person licensed under article 240 of this title 12 or any advanced practice nurse who is subject to the authority of the authorized entity. (b) The professional review committee shall conduct the investigation in conformity with written bylaws, policies, or procedures adopted by the authorized entity's governing board. (8) The written bylaws, policies, or procedures of any professional review committee for persons licensed under article 240 of this title 12 or advanced practice nurses must provide for at least the following: (a) (I) Except as provided in subsection (8)(a)(II) of this section, if the findings of any investigation indicate that a person licensed under article 240 of this title 12 or an advanced practice nurse who is the subject of the investigation is lacking in qualifications or competency, has provided substandard or inappropriate patient care, or has exhibited inappropriate professional conduct and the professional review committee takes or recommends an action to adversely affect the person's membership, affiliation, or privileges with the authorized entity, the professional review committee shall hold a hearing to consider the findings and recommendations unless the person waives, in writing, the right to a hearing or is given notice of a hearing and fails to appear. (II) If the professional review committee is submitting its findings and recommendations to another professional review committee for review, only one hearing is necessary prior to any appeal before the governing board. (b) A person who has participated in the course of an investigation is disqualified as a member of the professional review committee that conducts a hearing pursuant to subsection (8)(a) of this section, but the person may participate as a witness in the hearing. Colorado Revised Statutes 2019 Page 161 of 890 Uncertified Printout (c) The authorized entity shall give to the subject of any investigation under this subsection (8) reasonable notice of the hearing and of any finding or recommendation that would adversely affect the person's membership, affiliation, or privileges with the authorized entity, and the subject of the investigation has a right to be present, to be represented by legal counsel at the hearing, and to offer evidence in the person's own behalf. (d) After the hearing, the professional review committee that conducted the hearing shall make any recommendations it deems necessary to the governing board, unless otherwise provided by federal law or regulation. (e) The professional review committee shall give a copy of the recommendations to the subject of the investigation, who then has the right to appeal to the governing board to which the recommendations are made with regard to any finding or recommendation that would adversely affect his or her membership, affiliation, or privileges with the authorized entity. (f) Repealed. (9) (a) All governing boards shall adopt written bylaws, policies, or procedures under which a person who is licensed under article 240 of this title 12 or is an advanced practice nurse and who is the subject of an adverse recommendation by a professional review committee may appeal to the governing board following a hearing in accordance with subsection (8) of this section. The bylaws, policies, or procedures must provide that the person be given reasonable notice of his or her right to appeal and, unless waived by the person, has the right to appear before the governing board, to be represented by legal counsel, and to offer the argument on the record that the person deems appropriate. (b) The bylaws may provide that a committee of not fewer than three members of the governing board may hear the appeal. Also, the bylaws may allow for an appeal to be heard by an independent third party designated by a governing board under this subsection (9)(b). (10) All governing boards that are required to report their final actions to the medical board or the nursing board, as appropriate, are not otherwise relieved of their obligations by virtue of this part 2. (11) (a) Except as specified in subsection (11)(b) of this section, the records of an authorized entity, its professional review committee, and its governing board are not subject to subpoena or discovery and are not admissible in any civil suit. (b) Subject to subsection (14) of this section, the records are subject to subpoena and available for use: (I) By either party in an appeal or de novo proceeding brought pursuant to this part 2; (II) By a person licensed under article 240 of this title 12 or an advanced practice nurse in a suit seeking judicial review of an action by the governing board; (III) By the department of public health and environment in accordance with its authority to issue or continue a health facility license or certification for an authorized entity; (IV) By CMS in accordance with its authority over federal health care program participation by an authorized entity; (V) By an authorized entity or governing board seeking judicial review; (VI) By the medical board within the scope of its authority over licensed physicians and physician assistants; and (VII) By the nursing board within the scope of its authority over advanced practice nurses. Colorado Revised Statutes 2019 Page 162 of 890 Uncertified Printout (12) (a) Except as provided in subsection (12)(b) of this section, the records of an authorized entity or its professional review committee may be disclosed to: (I) The medical board, as requested by the medical board acting within the scope of its authority or as required or appropriate under this part 2 or article 240 of this title 12; (II) The nursing board, as requested by the nursing board acting within the scope of its authority or as required or appropriate under this part 2 or article 255 of this title 12; (III) The department of public health and environment acting within the scope of its health facility licensing authority or as the agent of CMS; (IV) CMS, in connection with the survey and certification processes for federal health care program participation by an authorized entity; and (V) The Joint Commission or other entity granted deeming authority by CMS, in connection with a survey or review for accreditation. (b) The medical board, nursing board, and department of public health and environment shall not make further disclosures of any records disclosed by an authorized entity or its professional review committee under this section. (13) The records of an authorized entity or its professional review committee or governing board may be shared by and among authorized entities and their professional review committees and governing boards concerning the competence, professional conduct of, or the quality and appropriateness of patient care provided by, a health care provider who seeks to subject himself or herself to, or is currently subject to, the authority of the authorized entity. (14) Responding to a subpoena or disclosing or sharing of otherwise privileged records and information pursuant to subsection (11), (12), or (13) of this section does not constitute a waiver of the privilege specified in subsection (11)(a) of this section or a violation of the confidentiality requirements of subsection (16) of this section. Records provided to any governmental agency, including the department of public health and environment, the medical board, and the nursing board pursuant to subsection (11) or (12) of this section are not public records subject to the "Colorado Open Records Act", part 2 of article 72 of title 24. A person providing the records to an authorized entity or its professional review committee or governing board, the department of public health and environment, the medical board, the nursing board, CMS, the Joint Commission, or other governmental agency is entitled to the same immunity from liability as provided under section 12-30-207 for the disclosure of the records. (15) Investigations, examinations, hearings, meetings, and other proceedings of a professional review committee or governing board conducted pursuant to this part 2 are exempt from any law requiring that proceedings be conducted publicly or that the records, including any minutes, be open to public inspection. (16) Except as otherwise provided in subsection (11), (12), or (13) of this section, all proceedings, recommendations, records, and reports involving professional review committees or governing boards are confidential. (17) A professional review committee or governing board that is constituted and conducts its reviews and activities in accordance with this part 2 is not an unlawful conspiracy in violation of section 6-4-104 or 6-4-105. (18) (a) Original source documents are not protected from subpoena, discovery, or use in any civil action merely because they were considered by or presented to a professional review committee. Original source documents are subject to subpoena or discovery only from the Colorado Revised Statutes 2019 Page 163 of 890 Uncertified Printout original sources and are protected from subpoena or discovery from the professional review files of a professional review committee of an authorized entity except as provided below: (I) Upon subpoena or request for discovery for original source documents, an authorized entity shall provide a log of all original source documents contained in the authorized entity's professional review files including the source and nature of each original source document. (II) The individual patient in interest in a civil action by such person, next friend, or legal representative may subpoena or seek discovery of any original source document identified on the authorized entity's professional review committee log only if the original source document was not produced in response to a prior subpoena or discovery request to the original source. (b) This subsection (18) does not relieve any party of their obligation under the Colorado rules of civil procedure. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 780, § 1, effective October 1; (3.5) and (18) added and (8)(f) repealed, (SB 19-234), ch. 181, p. 2054, § 8, effective October 1. Editor's note: (1) This section is similar to former § 12-36.5-104 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in SB 19-234. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-234, chapter 181, Session Laws of Colorado 2019. (3) Section 10 of chapter 181 (SB 19-234), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-30-205. Hospital professional review committees. (1) The quality and appropriateness of patient care rendered by persons licensed under article 240 of this title 12, advanced practice nurses, and other licensed health care professionals so influence the total quality of patient care that a review of care provided in a hospital is ineffective without concomitantly reviewing the overall competence, professional conduct of, or the quality and appropriateness of care rendered by, these persons. (2) (a) (I) Whenever a professional review committee created pursuant to section 12-30204 reasonably believes that the quality or appropriateness of care provided by other licensed health care professionals may have adversely affected the outcome of patient care, the professional review committee shall: (A) Refer the matter to a hospital quality management program created pursuant to section 25-3-109; or (B) Consult with a representative of the other licensed health care professional's profession. (II) A professional review committee established pursuant to this part 2 may meet and act in collaboration with a hospital quality management program established pursuant to section 25-3-109. Colorado Revised Statutes 2019 Page 164 of 890 Uncertified Printout (b) All matters considered in collaboration with or referred to a committee pursuant to this subsection (2) and all records and proceedings related thereto shall remain confidential, and the committee members, governing board, witnesses, and complainants are subject to the immunities and privileges as set forth in this part 2. (3) Nothing in this section is deemed to extend the authority or jurisdiction of the medical board to any individual not otherwise subject to the jurisdiction of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 787, § 1, effective October 1. Editor's note: This section is similar to former § 12-36.5-104.4 as it existed prior to 2019. 12-30-206. Governing boards to register with division - annual reports aggregation and publication of data - definition - rules. (1) As used in this section, "adversely affecting" has the same meaning as set forth in 45 CFR 60.3; except that it does not include a precautionary suspension or any professional review action affecting, for a period of thirty or fewer days, a person licensed under article 240 of this title 12 or an advanced practice nurse. (2) Each governing board that establishes or uses one or more professional review committees to review the practice of persons licensed under article 240 of this title 12 or of advanced practice nurses shall: (a) Register with the division in a form satisfactory to the division on or before July 1, 2013, if the governing board has one or more existing professional review committees, or, if the governing board first establishes a professional review committee on or after July 1, 2013, within thirty days after approving the written bylaws, policies, or procedures for the professional review committee; (a.5) Update the governing board's information, as specified by the division by rule in accordance with subsection (4)(a) of this section, with the division annually, including whether the governing board is currently engaged in a professional review activity or intends to engage in a professional review activity in the future; (b) In addition to any other state or federal reporting requirements: (I) Report annually to the medical board, in a form satisfactory to the medical board, the number of final professional review actions in each of the following categories relating to individuals licensed under article 240 of this title 12: (A) Adversely affecting the individual; (B) In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation while the individual was under investigation; (C) In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation in return for not conducting an investigation; and (D) In which the professional review committee made recommendations regarding the individual following a hearing pursuant to section 12-30-204 (8)(d); (II) Report annually to the nursing board, in a form satisfactory to the nursing board, the number of final professional review actions in each of the following categories relating to advanced practice nurses: Colorado Revised Statutes 2019 Page 165 of 890 Uncertified Printout (A) Adversely affecting the individual; (B) In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation while the individual was under investigation; (C) In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation in return for not conducting an investigation; and (D) In which the professional review committee made recommendations regarding the individual following a hearing pursuant to section 12-30-204 (8)(d); (c) (I) Report to the division, in a de-identified manner, on its professional review activities during the immediately preceding calendar year in a form satisfactory to the division. These reports must include aggregate data, which is limited to the following: (A) The number of investigations completed during the year; (B) The number of investigations that resulted in no action; (C) The number of investigations that resulted in written involuntary requirements for improvement sent to the subject of the investigation by the authorized entity; and (D) The number of investigations that resulted in written agreements for improvement between the subject of the investigation and the authorized entity. (II) (A) The medical board and the nursing board shall forward the reports received pursuant to subsections (2)(b)(I) and (2)(b)(II) of this section, respectively, to the division in a de-identified manner. (B) The division shall not publish any information identifying the governing board or authorized entity making a report under subsection (2)(b) of this section or this subsection (2)(c), and the reports and information are not public records under the "Colorado Open Records Act", part 2 of article 72 of title 24. (III) Reports submitted pursuant to this subsection (2)(c) must include only investigations in which no final action adversely affecting the subject of the investigation was taken or recommended. (IV) The identity of the governing board reporting the data and the data reported pursuant to this subsection (2)(c) or subsection (2)(b) of this section may be known to the division. (3) (a) The division shall publish the data provided pursuant to subsections (2)(b) and (2)(c) of this section in aggregate form and without individually identifiable information concerning the governing board, the authorized entity, or any person who was subject to review and is licensed under article 240 of this title 12 or is an advanced practice nurse. (b) The division shall maintain and shall publish online, through its website, a current list of all governing boards that are registered in accordance with this section and that otherwise are in compliance with this part 2. (4) The division: (a) Shall adopt rules to: (I) Implement this section; (II) Determine the de-identified information regarding investigations and outcomes a governing board is required to report; and (III) Establish a process to remove a governing board from the registry when the governing board is no longer required to register with the division pursuant to this section; and (b) May collect a reasonable registration fee to recover its direct and indirect costs of administering the registration and publication systems required by this section. Colorado Revised Statutes 2019 Page 166 of 890 Uncertified Printout (5) For purposes of this section, an investigation occurs when the authorized entity or its professional review committee notifies the subject of the investigation in writing that an investigation has commenced. (6) The medical board and the nursing board shall not initiate an investigation or issue a subpoena based solely on the data reported pursuant to subsection (2)(c) of this section. (7) (a) A governing board that fails to register with the division pursuant to subsection (2)(a) of this section is not entitled to any immunity afforded under this part 2 until the date that the governing board so registers. A governing board's failure to register does not affect any immunity, confidentiality, or privilege afforded to an individual participating in professional review activities. (b) A governing board's failure to report as required by this section does not affect any immunity, confidentiality, or privilege afforded to the governing board under this part 2. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 787, § 1, effective October 1; (2)(a.5) and (2)(c)(IV) added and (4) amended, (SB 19-234), ch. 181, p. 2055, § 9, effective October 1. Editor's note: (1) This section is similar to former § 12-36.5-104.6 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in SB 19-234. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-234, chapter 181, Session Laws of Colorado 2019. (3) Section 10 of chapter 181 (SB 19-234), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-30-207. Immunity from liability. (1) A member of a professional review committee, a governing board or any committee or third party designated by the governing board under section 12-30-204 (9)(b) and any person serving on the staff of that committee, board, panel, or third party, a witness or consultant before a professional review committee, and any person who files a complaint or otherwise participates in the professional review process, is immune from suit and liability for damages in any civil or criminal action, including antitrust actions, brought by a person licensed under article 240 of this title 12 or an advanced practice nurse who is the subject of the review by the professional review committee unless, in connection with the professional review process, the person provided false information and knew that the information was false. (2) The governing board and the authorized entity that has established a professional review committee pursuant to section 12-30-204 is immune from suit and liability for damages in any civil or criminal action, including antitrust actions, brought by a person licensed under article 240 of this title 12 or an advanced practice nurse who is the subject of the review by such professional review committee if the professional review action was taken within the scope of the professional review process and was taken: (a) In the objectively reasonable belief that the action was in the furtherance of quality health care; Colorado Revised Statutes 2019 Page 167 of 890 Uncertified Printout (b) After an objectively reasonable effort to obtain the facts of the matter; (c) In the objectively reasonable belief that the action taken was warranted by the facts; and (d) In accordance with procedures that, under the circumstances, were fair to the person licensed under article 240 of this title 12 or the advanced practice nurse. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 790, § 1, effective October 1. Editor's note: This section is similar to former § 12-36.5-105 as it existed prior to 2019. 12-30-208. Conformance with federal law and regulation - legislative declaration rules - limitations on liability - definition. (1) The general assembly hereby finds, determines, and declares that the enactment of this section is necessary in order for the state to comply with the provisions of the federal "Health Care Quality Improvement Act of 1986", as amended, 42 U.S.C. secs. 11101 to 11152. It is the intent of the general assembly that the provisions of this section are to be interpreted as being complementary to the other provisions in this part 2. The provisions of this section are intended to be responsive to specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended. If the provisions of this section conflict with the other provisions of this part 2, other than with respect to the specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, the other provisions of this part 2 prevail. (2) The medical board and nursing board may promulgate rules to comply with the reporting requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, and may participate in the federal data bank. (3) (a) The following persons are immune from suit and not liable for damages in any civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee in connection with a professional review action in this state, and such persons are not liable for damages in a civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee that meets the standards of and is in conformity with the federal "Health Care Quality Improvement Act of 1986", as amended: (I) An authorized entity, professional review committee, or governing board; (II) Any person acting as a member of or staff to the authorized entity, professional review committee, or governing board; (III) A witness, consultant, or other person who provided information to the authorized entity, professional review committee, or governing board; and (IV) Any person who participates with or assists the professional review committee or governing board with respect to the professional review activities. (b) (I) Notwithstanding subsection (3)(a) of this section, nothing in this section relieves an authorized entity that is a health care facility licensed or certified pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II) of liability to an injured person or wrongful death claimant for the facility's independent negligence in the credentialing or privileging process for a person licensed under article 240 of this title 12 or an advanced practice nurse who provided health care services for the injured or deceased person at the facility. For Colorado Revised Statutes 2019 Page 168 of 890 Uncertified Printout purposes of this subsection (3), the facility's participation in the credentialing process or the privileging process does not constitute the corporate practice of medicine. (II) Nothing in this subsection (3) affects the confidentiality or privilege of any records subject to section 12-30-204 (11) or of information obtained and maintained in accordance with a quality management program as described in section 25-3-109. The exceptions to confidentiality or privilege as set forth in sections 12-30-204 (11) and 25-3-109 (4) apply. (III) This subsection (3)(b) applies to actions filed on or after July 1, 2012. (c) For the purposes of this subsection (3), unless the context otherwise requires, "professional review action" means an action or recommendation of a professional review committee that is taken or made in the conduct of professional review activity and that is based on the quality and appropriateness of patient care provided by, or the competence or professional conduct of, an individual person licensed under article 240 of this title 12 or an advanced practice nurse, which action affects or may affect adversely the person's clinical privileges of or membership in an authorized entity. "Professional review action" includes a formal decision by the professional review committee not to take an action or make a recommendation as provided in this subsection (3)(c) and also includes professional review activities relating to a professional review action. An action is not based upon the competence or professional conduct of a person if the action is primarily based on: (I) The person's association or lack of association with a professional society or association; (II) The person's fees or advertising or engaging in other competitive acts intended to solicit or retain business; (III) The person's association with, supervision of, delegation of authority to, support for, training of, or participation in a private group practice with a member or members of a particular class of health care practitioners or professionals; (IV) The person's participation in prepaid group health plans, salaried employment, or any other manner of delivering health services whether on a fee-for-service basis or other basis; (V) Any other matter that does not relate to the quality and appropriateness of patient care provided by, or the competence or professional conduct of, a person licensed under article 240 of this title 12 or an advanced practice nurse. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 790, § 1, effective October 1. Editor's note: Subsection (1) is similar to former § 12-36.5-201; subsection (2) is similar to former § 12-36.5-202; and subsection (3) is similar to former § 12-36.5-203, as those sections existed prior to 2019. 12-30-209. Repeal of part - review of functions. This part 2 is repealed, effective September 1, 2030. Before the repeal, the functions of professional review committees are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 792, § 1, effective October 1; entire section amended, (SB 19-234), ch. 181, p. 2053, § 6, effective October 1. Colorado Revised Statutes 2019 Page 169 of 890 Uncertified Printout Editor's note: (1) This section is similar to former § 12-36.5-107 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in SB 19-234. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-234, chapter 181, Session Laws of Colorado 2019. (3) Section 10 of chapter 181 (SB 19-234), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. BUSINESS PROFESSIONS AND OCCUPATIONS ARTICLE 100 Accountants Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 100 was numbered as article 2 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. 12-100-101. Legislative declaration. (1) It is declared to be in the interest of the citizens of the state of Colorado and a proper exercise of the police power of the state of Colorado to provide for the licensing and registration of certified public accountants, to ensure that persons who hold themselves out as possessing professional qualifications as certified public accountants are, in fact, qualified to render accounting services of a professional nature, and to provide for regulation of certified public accountants employed, serving clients, or doing business in Colorado and the maintenance of high standards of professional conduct by those licensed and registered as certified public accountants. Because of the customary reliance by the public upon audited financial statements and upon financial information presented with the opinion or certificate of persons purporting to possess expert knowledge in accounting or auditing, it is further declared to be in the interest of the citizens to limit and restrict, under the circumstances set forth in this article 100, the issuance of opinions or certificates relating to accounting or financial statements that utilize or contain wording indicating that the author has expert knowledge in accounting or auditing or that purport to express an independent auditor's opinion as to financial position, financial results of operations, changes in financial position, reliability of financial information, or compliance with conditions established by law or contract to persons licensed or registered pursuant to this article 100. (2) It is declared that the state board of accountancy may invoke discipline proactively with regard to certified public accountants employed, serving clients, or doing business in Colorado when required for the protection of the public health, safety, and welfare of the citizens of this state. Colorado Revised Statutes 2019 Page 170 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 793, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-101 as it existed prior to 2019. 12-100-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 100. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 793, § 1, effective October 1. 12-100-103. Definitions - rules. As used in this article 100, unless the context otherwise requires: (1) "Accredited college or university" means either: (a) A college or university that is accredited by one of the following regional accrediting agencies or their successor agencies: (I) The Middle States Association of Colleges and Schools; (II) The North Central Association of Colleges and Schools; (III) The New England Association of Schools and Colleges; (IV) The Northwest Commission on Colleges and Universities; (V) The Southern Association of Colleges and Schools; (VI) The Accrediting Commission for Schools, Western Association of Schools and Colleges; or (b) A college or university that meets academic standards substantially equivalent to the standards of the agencies specified in subsection (1)(a) of this section. The board shall establish by rule what constitutes substantially equivalent academic standards. (2) "Board" means the state board of accountancy created in section 12-100-104. (3) "Foreign corporation" means a corporation organized under the laws of another state that meets the requirements of section 12-100-114 (11). (4) "Foreign limited liability company" means a limited liability company organized under the laws of another state that meets the requirements of section 12-100-114 (11). (5) "Limited liability company" means a limited liability company organized for the sole purpose of providing professional services to the public customarily performed by certified public accountants and includes foreign limited liability companies. (6) "Peer review" means a study, appraisal, or review by an independent certified public accountant of one or more aspects of the professional work of another certified public accountant or of a registered partnership, corporation, or limited liability company that issues attest or compilation reports. (7) "Person" includes individuals, partnerships, professional corporations, and limited liability companies. (8) "Professional corporation" means a corporation organized for the sole purpose of providing professional services to the public customarily performed by certified public accountants and includes foreign corporations. (9) "State" means any state, territory, or insular possession of the United States and the District of Columbia. Colorado Revised Statutes 2019 Page 171 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 793, § 1, effective October 1; (1)(a) amended, (SB 19-155), ch. 235, p. 2334, § 12, effective October 1. Editor's note: (1) This section is similar to former § 12-2-102 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-104. State board of accountancy - subject to termination. (1) The state board of accountancy is hereby created and consists of seven members appointed by the governor. Each member of the board shall be a citizen of the United States and a resident of this state. Five members of the board shall be holders of valid certified public accountant certificates issued under the laws of this state, a majority of whom are engaged in active practice as certified public accountants. Two members of the board shall be members of the public who do not hold a certified public accountant certificate. Members shall be appointed for terms of four years each. Any vacancy occurring during a term shall be filled by appointment by the governor for the unexpired term. Upon the expiration of a member's term of office, the member shall continue to serve until a successor is appointed. In no event shall a member of the board serve more than two consecutive terms. The governor shall remove from the board any member whose certificate has become void or has been revoked or suspended and may remove any member of the board for neglect of duty, misconduct, or incompetence. (2) A majority of the board shall constitute a quorum for the transaction of business. (3) In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this article 100, a copy of the records of the board certified as correct by the board shall be admissible in evidence as being the records of the board. (4) The disclosure of reports or working papers subpoenaed by the board or any person or group authorized by the board to conduct an investigation into audit or review attest activities of a certified public accountant or certified public accounting firm pursuant to section 13-90-107 (1)(f)(III) or (1)(f)(IV) that is not in good faith shall subject the member of the board, person, or group to civil liability for damages to be determined by a court of competent jurisdiction. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 794, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-103 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 172 of 890 Uncertified Printout 12-100-105. Powers and duties of board. (1) The board has the power and duty to: (a) Elect annually from among its members a chair and prescribe the duties of such office; (b) Make rules pursuant to the provisions of article 4 of title 24 and section 12-20-204; (c) Make appropriate rules of professional conduct in order to establish and maintain a high standard of integrity in the profession of public accounting. Any rule of professional conduct applies with equal force to all persons holding certificates under this article 100. No rule of professional conduct shall be promulgated that will work to the disadvantage of one group and in favor of another. Every person practicing as a certified public accountant in the state shall be governed and controlled by the rules. All rules of professional conduct shall be promulgated pursuant to the provisions of article 4 of title 24. (d) Prescribe forms for and receive applications for certificates and grant certificates, including contracting with people to receive and review the applications as the agent of the board; (e) Give examinations to applicants and, as necessary, contract for assistance in administering the examination; (f) Take disciplinary or other action as authorized in section 12-20-404 against any person who, while holding a certificate, violates this article 100; issue confidential letters of concern under the circumstances specified in section 12-20-404 (5); issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20405; or impose other conditions and limitations; (g) Keep a record of all certificates, suspensions, and revocations and of the board's own proceedings; (h) Administer this article 100 and exercise and perform any other powers and duties granted or directed by the general assembly; (i) Collect all fees prescribed by this article 100. (2) Publications of the board circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 795, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-104 as it existed prior to 2019. 12-100-106. Fees. (1) A fee authorized to be established pursuant to section 12-20-105 shall be paid for each application made to the board, whether it is an application for examination or reexamination or for issuance, renewal, reactivation, or reinstatement of a certificate of certified public accountant, an application for registration with the board as a public accounting firm, or any other application requiring formal action or consideration by the board. The fee required shall not be returnable irrespective of the action taken by the board. (2) A fee authorized to be established pursuant to section 12-20-105 shall be paid for each examination in which the candidate is examined in the subjects prescribed by the board. (3) Any person making application for a certificate of certified public accountant under section 12-100-111 shall pay a fee authorized to be established pursuant to section 12-20-105 in addition to the fee required in subsection (1) of this section. Colorado Revised Statutes 2019 Page 173 of 890 Uncertified Printout (4) Nothing in this section shall be construed to authorize the board to impose any notice, fee, or other submission requirement on a certified public accountant or registered public accountant from another state or a foreign partnership, corporation, limited partnership, limited liability limited partnership, or limited liability company, that is practicing accountancy in this state pursuant to section 12-100-117 (2). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 796, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-106 as it existed prior to 2019. 12-100-107. Certificate of certified public accountant - issuance - renewal reinstatement - rules. (1) The board shall grant a certificate of certified public accountant to any applicant who: (a) Meets the requirements of section 12-100-111; (b) Satisfies the board of the applicant's continued competence; or (c) (I) Passes a written examination pursuant to section 12-100-109; and (II) Meets the requirements of section 12-100-108. (2) All certificates issued pursuant to this article 100 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose certificate has expired shall be subject to the penalties provided in this article 100 or section 12-20-202 (1). (3) Any person who practices certified public accounting after the expiration of his or her certificate shall be practicing in violation of this article 100. The board may refuse to reactivate or reinstate any expired certificate for conduct that constitutes a violation of this article 100. (4) Effective on the first renewal period established by the board after May 31, 2011, the board shall not renew the certificate of a holder who issues attest or compilation reports unless the certificate holder performs public accounting within a partnership, professional corporation, or limited liability company or the certificate holder has undergone a peer review conducted according to rules promulgated by the board that meet the standards for performing and reporting on a peer review of the American Institute of Certified Public Accountants or an equivalent standard. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 797, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-108 as it existed prior to 2019. 12-100-108. Educational and experience requirements - rules. (1) On and after July 1, 2015, a person meets the educational and experience requirements necessary to be issued a certificate of certified public accountant if the applicant: (a) (I) Has a baccalaureate or higher degree conferred by an accredited college or university with an accounting program approved by the board or has a baccalaureate with a nonaccounting concentration supplemented by what the board determines to be the equivalent of Colorado Revised Statutes 2019 Page 174 of 890 Uncertified Printout an accounting concentration, including related courses in other areas of business administration; and (II) Has completed at least one hundred fifty semester hours of college education approved by the board; (b) Has successfully completed a course of study concerning the subject of professional ethics approved by the board and passed a written examination concerning the subject prepared and given by educational institutions or professional organizations deemed qualified by the board to administer the examination; and (c) Has one year's experience that: (I) Meets the requirements set by the board by rule; (II) Is in any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be gained through employment in government, industry, academia, or public practice; and (III) Is verified by an actively licensed certified public accountant who meets the requirements set by the board by rule. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 798, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-109 as it existed prior to 2019. 12-100-109. Examinations - reexaminations - rules. (1) The board shall provide licensure examinations as often as necessary to provide candidates a reasonable opportunity to take the examination. Examinations shall adequately test a candidate's knowledge of accounting, auditing, and any other related subject the board deems relevant and necessary. Any additional examination subject shall be designated by the board by rule. The board shall set the passing score for an examination at a level to adequately reflect the minimum level of competency necessary for the practice of accountancy. (2) The board shall establish by rule the standards for granting conditional examination credit for candidates who pass one or more but not all of the sections of the examination. (3) The board may use the standard examinations and advisory grading service promulgated by the American Institute of Certified Public Accountants, which examination shall be deemed prima facie to meet the requirements of this section. (4) A candidate for a certificate of certified public accountant who meets the educational requirements set by the board by rule is entitled to take an examination. (5) Any candidate who has passed any or all sections of an examination in another state shall be credited for passing the sections if the sections passed are determined by the board to be equivalent to sections of the examination offered in this state and if the testing requirements in the other state are substantially the same as in this state. (6) If a candidate fails an examination or fails to pass in all subjects as provided in subsection (5) of this section, the board may require the candidate to take additional study before taking another examination. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 798, § 1, effective October 1. Colorado Revised Statutes 2019 Page 175 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-2-111 as it existed prior to 2019. 12-100-110. Approval of schools. (1) The board shall approve the accounting program of the schools that meet the following requirements: (a) The school has a curriculum designed to give the candidate proficiency in those subjects in which the candidate must pass an examination to be licensed. (b) The school shall have adequate equipment and resources, including suitable facilities for practical instruction and shall maintain an adequate professional library. It shall provide a sufficient number of full-time salaried instructors with satisfactory professional training. It shall provide a satisfactory major in accountancy and allied subjects. It shall require for admission the satisfactory completion of an approved four-year secondary school course of study or the equivalent. (2) If any applicant is a graduate from a school that has not at the time of the filing of the application been approved by the board, the board may make an investigation to determine whether or not the school did, at the time of the applicant's attendance, meet the requirements set forth in subsection (1) of this section. If the board finds that the school did, at that time, meet the requirements set forth in that subsection, the board may approve the school as of the time of the applicant's graduation from the school. (3) The board may, after a hearing, withdraw its approval of any school that fails to meet the requirements of the law and the standards of the board. The board shall give notice to the school complained against and shall hold a hearing on the complaint within a reasonable time after notice is given. (4) Before disapproving any school for which approval is sought, the board shall give notice to the school of its contemplated action and shall hold a hearing within a reasonable time after notice is given, affording the school an opportunity to be heard. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 799, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-112 as it existed prior to 2019. 12-100-111. Issuance of certificate by reciprocity or by passing examination of another state. (1) The board, in its discretion, may waive the examination of persons qualified under this subsection (1) and may issue a certificate of certified public accountant to: (a) Any person who is the holder of a certificate of certified public accountant issued after examination under the laws of another state and who possesses the qualifications prescribed in section 12-100-107 for an applicant applying for a certificate as of the time of the issuance of the certificate by the other state or possesses substantially equivalent qualifications; (b) A person who has passed an examination under the laws of another state and who possesses the qualifications prescribed in section 12-100-107 at the time the person applies for a certificate in this state or possesses substantially equivalent qualifications; or (c) Any person who is the holder of a certificate, license, or degree in a foreign country that constitutes a recognized qualification for the practice of public accounting in the country, is comparable to that of a certified public accountant in this state, and is in full force and effect. Colorado Revised Statutes 2019 Page 176 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 800, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-113 as it existed prior to 2019. 12-100-112. Use of the title "certified public accountant". (1) (a) A person who has received from the board and holds an active certificate of certified public accountant shall be styled and known as a certified public accountant and may also use the abbreviation "C.P.A." (b) A partnership, professional corporation, or limited liability company of certified public accountants that is registered under this article 100 may use the words "certified public accountants" or the abbreviation "C.P.A.s" in connection with its partnership, professional corporation, or limited liability company name. (2) A person authorized to use the title "certified public accountant" or the abbreviation "C.P.A." shall provide to any client residing in or headquartered in Colorado, during the course of an engagement, an address and telephone number for the certified public accountant's firm or, in the case of a sole practitioner, the address and telephone number of the sole practitioner. (3) (a) Except as authorized in subsection (4) of this section, a person shall not assume or use the title or designation "certified public accountant", the abbreviation "C.P.A.", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant unless the person holds a certificate as a certified public accountant issued under this article 100 or under the laws of any other state. A person who is inactive pursuant to section 12-100-113 (2) may use the title "inactive certified public accountant" or "inactive C.P.A." (b) Except as authorized by subsection (1) or (4) of this section, an individual, partnership, professional corporation, or limited liability company shall not assume or use any title or designation using the word "certified", "registered", "chartered", "enrolled", "licensed", "independent", or "approved" in conjunction with the word accountant or auditor or any abbreviation thereof or any title, designation, or abbreviation likely to be confused with "certified public accountant" or the abbreviation "C.P.A.", including the terms "chartered accountant" and "certified accountant" and the abbreviation "C.A." (c) Except as authorized in subsection (4) of this section, a partnership, professional corporation, or limited liability company shall not assume or use the title or designation "certified public accountants", the abbreviation "C.P.A.s", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the partnership, professional corporation, or limited liability company is composed of certified public accountants unless the partnership, professional corporation, or limited liability company is registered as a partnership, professional corporation, or limited liability company of certified public accountants under this article 100 or the laws of any other state. (4) (a) A certified public accountant from another state or jurisdiction of the United States who is practicing in this state pursuant to section 12-100-117 may use the title "certified public accountant", the abbreviation "C.P.A.", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant. (b) A foreign partnership, corporation, limited partnership, limited liability limited partnership, or limited liability company that is practicing in this state pursuant to section 12Colorado Revised Statutes 2019 Page 177 of 890 Uncertified Printout 100-117 may use the title or designation "certified public accountants", the abbreviation "C.P.A.s", or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the partnership, corporation, or limited liability company is composed of certified public accountants. (c) Notwithstanding any other provision of law to the contrary, an individual subject to section 12-100-116 (1)(a)(II) may use an accounting designation that includes the word "management" conferred by a bona fide nationally recognized accounting organization, such as the American Institute of CPAs, the Chartered Institute of Management Accountants, or the Institute of Management Accountants, or their successor organizations, if the designation does not purport to confer the right to perform audit or attest services as defined by any state or foreign jurisdiction. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 800, § 1, effective October 1; (3)(a) amended and (4)(c) added, (SB 19-155), ch. 235, p. 2334, § 13, effective October 1. Editor's note: (1) This section is similar to former § 12-2-115 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-113. Status - retired - inactive. (1) Retired status. (a) Any person who has received from the board and holds a certificate of certified public accountant, including an expired certificate of certified public accountant that remains subject to renewal, reactivation, or reinstatement, may apply to the board for retired status. The board may grant retired status by issuing a retired status certificate of certified public accountant to any person who meets established conditions prescribed by the board. (b) Any person issued a retired status certificate of certified public accountant may be styled and known as a "retired certified public accountant" or "retired C.P.A." (c) During the time a certified public accountant remains in a retired status, the person shall not perform those acts set forth in section 12-100-116 (1)(a) and (1)(b). The board retains jurisdiction over retired status certified public accountants. (2) Inactive status. (a) The holder of a certificate of certified public accountant, upon notice to the board in any form or manner designated by the board, shall have the holder's name transferred to an inactive list and shall not be required to comply with the continuing education Colorado Revised Statutes 2019 Page 178 of 890 Uncertified Printout requirements for certificate renewal pursuant to section 12-100-115 so long as the holder remains inactive. Each inactive certificant shall register in the same manner as active certificate holders and pay a fee pursuant to section 12-20-202 (1). To resume the practice of public accounting as a certified public accountant, the holder must file an application, meet any education requirements imposed by the board, and pay a fee as established by the director. (b) During the time a certified public accountant remains in an inactive status, the certified public accountant shall not perform those acts restricted to active certified public accountants pursuant to section 12-100-116 (1)(a). The board retains jurisdiction over inactive certified public accountants for the purposes of disciplinary action pursuant to section 12-100120. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 801, § 1, effective October 1; entire section amended, (SB 19-155), ch. 235, p. 2334, § 14, effective October 1. Editor's note: (1) (a) This section is similar to former § 12-2-115.5 as it existed prior to 2019. (b) § 12-100-119 was relocated to subsection (2) in 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-114. Partnerships, professional corporations, and limited liability companies composed of certified public accountants - registration - rules - definitions. (1) Except as provided in section 12-100-117 (2), a partnership, professional corporation, or limited liability company engaged in this state in the practice of public accounting as certified public accountants shall register with the board as a partnership, professional corporation, or limited liability company of certified public accountants and must meet the following requirements; and, as used in this article 100, "partnership" includes a registered limited partnership, limited liability partnership, limited liability limited partnership, foreign limited partnership, foreign limited liability partnership, and foreign limited liability limited partnership: (a) At least one partner, shareholder, or member who shall also be a director or manager thereof must be a certified public accountant or registered firm of this state in good standing. (b) A simple majority of the ownership of a certified public accounting firm doing business as a public accounting firm in Colorado, in terms of financial interests and voting rights Colorado Revised Statutes 2019 Page 179 of 890 Uncertified Printout of all partners, officers, shareholders, members, or managers, shall be licensed certified public accountants in good standing in this state or another state. (c) Any other partner, shareholder, or member thereof may, but need not, be a certified public accountant of some state, in good standing, or a registered firm in this state who at all times owns the person's partnership interest, corporate share, or membership interest in the person's own right. (d) Each resident manager in charge of an office of the partnership, professional corporation, or limited liability company in this state must be a certified public accountant of this state in good standing. (2) (a) (I) Application for registration shall be made upon the affidavit of a partner of the partnership, of a shareholder of the professional corporation, or of a member of the limited liability company who is a certified public accountant of this state in good standing and shall provide: (A) The names and addresses of the persons who are practicing public accounting for the partnership, professional corporation, or limited liability company; (B) The names and addresses of the persons who are not certified public accountants, but who are partners of a partnership, shareholders of a professional corporation, or members of a limited liability company; (C) Disclosure of all of the states in which the partnership, professional corporation, or limited liability company is licensed, registered, or permitted to practice. The application shall also disclose all of the states in which licensure, registration, or permission to practice has been denied, suspended, or revoked. (D) Any other information the board may reasonably request; and (E) A registration fee, the amount of which shall be set by the board, to cover the board's administrative costs. (II) Each member of the partnership, professional corporation, or limited liability company may receive a copy of the application. (III) The partner, shareholder, or member designated by the firm shall notify the board in writing within thirty days after any change in the partnership, professional corporation, or limited liability company, including: (A) Identities and numbers of partners, shareholders, members, managers, or officers; and (B) Location of places of business of the partnership, professional corporation, or limited liability company. (IV) The board may suspend or revoke the registration of or impose any other discipline the board sees fit to administer to a partnership, professional corporation, or limited liability company that fails to notify the board of any changes outlined in subsection (2)(a)(III) of this section. (b) The board shall in each case determine whether the applicant is eligible for registration. (3) Each firm registration issued pursuant to this article 100 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A firm whose registration has expired shall be subject to the penalties provided in this article 100 or section 12-20-202 (1). Colorado Revised Statutes 2019 Page 180 of 890 Uncertified Printout (4) As used in subsection (5) of this section, "employee" includes a member of a limited liability company and a partner in a limited partnership, limited liability partnership, or limited liability limited partnership or foreign limited partnership, limited liability partnership, or limited liability limited partnership. (5) The corporation must be in compliance with the "Colorado Business Corporation Act", articles 101 to 117 of title 7, and, to the extent applicable under section 7-117-103, with the "Colorado Corporation Code", articles 1 to 10 of title 7, as those articles existed prior to their repeal on July 1, 1994. The limited liability company must be in compliance with the "Colorado Limited Liability Company Act", article 80 of title 7. The organizing documents of any partnership, the articles of incorporation of any corporation, or the articles of organization of any limited liability company shall contain provisions complying with the following requirements: (a) The partnership, corporation, or limited liability company shall be organized solely for the purpose of practicing accountancy and other activities as may from time to time be specifically found by the board to be activities suitable and proper to be performed by certified public accountants only through or under the supervision of at least one person who holds a certificate to practice public accounting as a certified public accountant. (b) Each partner who is personally engaged within this state in the practice of public accounting shall be a certified public accountant of this state in good standing, and each partner not personally engaged within this state in the practice of public accounting may, but need not, be a certified public accountant of some state in good standing. The president of any such corporation shall be a shareholder and a director, and one or more of the directors shall be certified public accountants of this state in good standing. The manager or managers of any such limited liability company shall be a member or members and one or more of the managers shall be certified public accountants of this state in good standing. Lay directors and officers and managers shall not exercise any authority whatsoever over professional matters. (c) All partners, shareholders of the corporation, or members of the limited liability company shall be jointly and severally liable for all acts, errors, and omissions of the employees of the partnership, corporation, or limited liability company except during periods of time when the partnership, corporation, or limited liability company maintains in good standing professional liability insurance, or designated or segregated money in lieu of the professional liability insurance, that meets the standards set forth in subsections (5)(c)(I) to (5)(c)(V) of this section: (I) The insurance shall insure the partnership, corporation, or limited liability company against liability imposed upon the partnership, corporation, or limited liability company by law for damages resulting from any claim made against the partnership, corporation, or limited liability company arising out of acts, errors, and omissions committed in the performance of professional services for others by those employees of the partnership, corporation, or limited liability company who hold certificates to practice public accounting as certified public accountants. (II) The policies shall insure the partnership, corporation, or limited liability company against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all other employees. (III) The insurance shall be in an amount for each claim of at least fifty thousand dollars multiplied by the number of certified public accountants employed by or members of the partnership, corporation, or limited liability company within this state, and the policy may Colorado Revised Statutes 2019 Page 181 of 890 Uncertified Printout provide for an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of certified public accountants employed by or members of the partnership, corporation, or limited liability company within this state; except that no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate top limit of liability for all claims during the year of one million dollars and except that the board, in the public interest, may adopt rules increasing the minimum amounts of insurance coverage required by this subsection (5). A policy of insurance obtained in accordance with this subsection (5)(c)(III) may be issued on a claims-made or occurrence basis. (IV) (A) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured partnership, corporation, or limited liability company or any partner, stockholder, member, or employee thereof; the conduct of any business enterprise in which the insured partnership, corporation, or limited liability company under this article 100 is not permitted to engage but which nevertheless may be owned by the insured partnership, corporation, or limited liability company or in which the insured partnership, corporation, or limited liability company may be a partner or which may be controlled, operated, or managed by the insured partnership, corporation, or limited liability company in its own or in a fiduciary capacity including the ownership, maintenance, or use of any property in connection therewith; and bodily injury to, or sickness, disease, or death of, any person, or to injury to or destruction of any tangible property, including the loss of use thereof. (B) The policy may be of a type reasonably available in the commercial insurance market and may contain reasonable provisions with respect to policy periods, territory, claims, conditions, exclusions, and other usual matters. (C) The policy may provide for a deductible, or self-insured retained amount, and may provide for the payment of defense or other costs out of the stated limits of the policy, in either or both cases, all partners, shareholders of the corporation, or members of the limited liability company shall be jointly and severally liable for all acts, errors, and omissions of the employees of the partnership, corporation, or limited liability company to the extent of the amount of the deductible or retained self-insurance, and the amount, if any, by which the payment of defense costs reduces the insurance remaining available for the payment of claims below the minimum limit of insurance required by this subsection (5)(c). (V) A partnership, corporation, or limited liability company may maintain, in lieu of the insurance specified in subsection (5)(c)(III) of this section, money specifically designated and segregated as security for the payment of liabilities imposed by law against the partnership, corporation, or limited liability company, or its partners, shareholders, or members, arising out of claims of the type specified in subsections (5)(c)(I) and (5)(c)(II) of this section, in the amount of at least fifty thousand dollars multiplied by the number of certified public accountants employed by or members of the partnership, corporation, or limited liability company within this state; except that the amount is not required to exceed one million dollars and except that the board, in the public interest, may adopt rules increasing the minimum amount of designated and segregated money required by this subsection (5)(c)(V). The partnership, corporation, or limited liability company remains in compliance with this section notwithstanding amounts paid from the designated or segregated money in any one calendar year in settling or discharging the claims, so long as the amount of the designated and segregated money is increased to at least the minimum required amount as of the first business day of the next calendar year. A partnership, corporation, or limited liability company is in compliance with this subsection (5)(c)(V) if it Colorado Revised Statutes 2019 Page 182 of 890 Uncertified Printout maintains money in the required amount in trust or in bank escrow in the form of cash, bank certificates of deposit, or United States treasury obligations, or maintains in effect bank unconditional, irrevocable letters of credit in the required amount or insurance or surety company bonds in the required amount. The money or equivalency shall be maintained in or issued by a qualified United States financial institution as defined by section 10-1-102 (17). (d) A partnership name shall be ended by words or abbreviations permitted pursuant to the law under which the partnership is organized. The corporate name shall be ended by the word "Corporation" or "Incorporated" or by the words "Professional Corporation" or by the abbreviations "Corp.", "Inc.", or "P.C." The name of any limited liability company shall be ended by the words "Limited Liability Company" or the abbreviation "LLC" or the word limited may be abbreviated as "Ltd.", and the word company may be abbreviated as "Co." An assumed or trade name may be used if it is not misleading and clearly indicates that the firm is engaged in providing accounting services. (6) No limited liability company, limited liability partnership, limited partnership, or limited liability limited partnership, or foreign limited partnership, limited liability partnership, or limited liability limited partnership engaged in the practice of public accounting in this state and in one or more other jurisdictions shall be required to include a provision in its articles of organization or organizing documents as otherwise required by subsection (5) of this section, but shall be subject, with respect to the practice of public accounting within this state, to the requirements of subsections (5)(a) to (5)(d) of this section. (7) The board shall not renew the registration of a firm that issues attest or compilation reports unless the registered partnership, professional corporation, or limited liability company has undergone a peer review conducted according to rules promulgated by the board that meet the standards for performing and reporting on a peer review of the American Institute of Certified Public Accountants or an equivalent standard. (8) The partnership, corporation, or limited liability company may exercise the powers and privileges conferred upon partnerships, corporations, and limited liability companies by the laws of Colorado in furtherance of and subject to its partnership, corporate, or limited liability company purposes and may invest its funds in a manner not incompatible with the practice of public accounting as certified public accountants. Any stock purchased by the corporation, or membership interest purchased by the limited liability company or partnership interest purchased by the partnership, may be made out of capital as well as surplus without regard to the impairment of the partnership capital, corporation capital, or limited liability company capital. (9) The partnership, corporation, or limited liability company shall do nothing in this state that, if done by a person who holds a certificate as a certified public accountant within this state and employed by it, would violate the provisions of this article 100. Any violation by the partnership, corporation, or limited liability company of this article 100 shall be grounds for the board, in accordance with section 12-20-404, to deny, revoke, suspend, or refuse to renew the registration, or the board may fine, issue a confidential letter of concern to, issue a letter of admonition to, or place on probation the registrant. (10) Nothing in this section shall diminish or change the obligation of each person who holds a certificate of certified public accountant employed by the partnership, corporation, or limited liability company within this state to conduct the person's practice in accordance with the provisions of this article 100. Any person who holds a certificate to practice public accounting as a certified public accountant who, by act or omission, causes the partnership, corporation, or Colorado Revised Statutes 2019 Page 183 of 890 Uncertified Printout limited liability company to act or fail to act in a way that violates this article 100 is personally responsible for the act or omission and subject to discipline therefor. (11) Foreign partnerships, corporations, limited partnerships, limited liability limited partnerships, or limited liability companies may engage in the practice of public accounting in this state as certified public accountants so long as their organizing documents, articles of incorporation, or articles of organization provide that the partnership, corporation, limited partnership, limited liability limited partnership, or limited liability company is organized solely for the purpose of practicing accountancy and such other activities as may from time to time be specifically found by the board to be activities suitable and proper to be performed by certified public accountants and comply with and meet the requirements of subsection (5) of this section. (12) Except as provided in this section, partnerships, professional corporations, and limited liability companies shall not practice public accounting as certified public accountants. (13) Nothing in this section shall modify the accountant-client privilege specified in section 13-90-107 (1)(f). (14) When any law of this state or any rule of any agency or other authority established under the constitution or laws of this state requires or authorizes any audit, financial report, or statement to be made, approved, or certified by a certified public accountant, the audit, report, or statement may be made, approved, or certified by a partnership, professional corporation, or limited liability company registered in this state. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 802, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-117 as it existed prior to 2019. 12-100-115. Continuing education - rules. (1) (a) As a condition of renewing, reactivating, or reinstating a certificate of certified public accountant, every applicant shall comply with continuing education requirements adopted by the board. (b) A nonresident certificate holder applying to renew, reactivate, or reinstate a certificate of certified public accountant issued in this state that demonstrates compliance, through an attestation submitted with a renewal, reactivation, or reinstatement application, with the continuing education requirements for renewal, reactivation, or reinstatement of a certificate in the state in which the certificate holder's principal place of business is located is deemed to have satisfied the continuing education requirements of this section. (2) The board shall promulgate rules governing the following: (a) The basic requirements for continuing education; except that the board shall not require continuing education of more than eighty hours every two years; (b) A delineation of qualifying programs; (c) A system of control and reporting. (3) In exercising its power under subsection (2) of this section, the board shall, as a basis for a high standard of practice by certified public accountants, establish requirements that will assure reasonable currency of knowledge. The requirements shall assure that a variety of alternative means of compliance with continuing education requirements are available to certificate holders and shall take cognizance of specialized areas of practice. Colorado Revised Statutes 2019 Page 184 of 890 Uncertified Printout (4) The board shall make exceptions from continuing education requirements for holders of certificates who are not engaged in public practice or who cannot continue their education for reasons of health, military service, or other good cause. If the holders of certificates return to the practice of public accounting, the holders of certificates shall meet the continuing education requirements as the board may determine. (5) The board shall determine in each case whether a holder of certificate of certified public accountant has complied with continuing education requirements adopted by the board or has demonstrated compliance, in accordance with subsection (1)(b) of this section, with the continuing education requirements of the state in which the certificate holder's principal place of business is located. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 807, § 1, effective October 1; (1) and (5) amended, (SB 19-155), ch. 235, p. 2335, § 15, effective October 1. Editor's note: (1) This section is similar to former § 12-2-119 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-116. Unlawful acts - definition. (1) (a) (I) No person, partnership, professional corporation, or limited liability company shall issue, author, or publish any opinion or certificate relating to any accounting or financial statement if the opinion or certificate utilizes any title or designation, the use of which is prohibited by law. (II) A person, partnership, professional corporation, or limited liability company shall not, without an active certificate of certified public accountant or a valid registration: (A) As an independent auditor, make or conduct an investigation, examination, or audit of the financial statements or supporting records of any person, organization, or corporation, to determine the accuracy or fairness with which they present the financial position, changes in financial position, or financial results of operations of the person, organization, or corporation; (B) Attest or express an opinion, as an independent auditor, as to the financial position, changes in financial position, or financial results of the operation of any person, organization, or corporation, or as to the accuracy or reliability of any financial information contained in any such accounting or financial statement. Colorado Revised Statutes 2019 Page 185 of 890 Uncertified Printout (C) Offer audit or attest services to the public if the person uses a title or designation specified in section 12-100-112 (4)(c); (D) Establish, participate in, or promote a business that uses a title or designation specified in section 12-100-112 (4)(c) in its marketing if the business is not currently registered pursuant to this article 100; or (E) Notwithstanding any provision of this section to the contrary, offer or render tax services to the public while using a title or designation specified in section 12-100-112 (4)(c), unless doing so within a partnership, professional corporation, or limited liability company of certified public accountants that holds a registration or permit issued by the board of this state or another state. (III) The requirement in subsection (1)(a)(II) of this section that a person, partnership, professional corporation, or limited liability company have an active certificate of certified public accountant or a valid registration issued by the board shall not apply to a certified public accountant from another state or a foreign partnership, professional corporation, or limited liability company practicing accountancy in this state pursuant to section 12-100-117 (2). (b) The provisions of subsection (1)(a) of this section shall not prohibit any officer or employee of a corporation, partner or employee of a partnership, member or employee of a limited liability company, or individual or employee of an individual from: (I) Making or conducting the investigation, examination, or audit; or (II) Issuing or authoring an assessment or certificate utilizing any wording designating the position, title, or office that the person holds concerning the financial affairs of the corporation, partnership, limited liability company, or individual. (c) The provisions of subsection (1)(a) of this section shall not prohibit any act of a public official or public employee in the performance of his or her duties as such or affect the qualifications of any person to testify as a witness before any court or administrative agency of the state of Colorado who is determined to be qualified by the court or agency. (d) The term "independent auditor" as used in this section shall mean any person or corporation engaged or employed to make or conduct an audit of the financial statements or supporting records of any person, organization, or corporation, to determine, on the basis of the audit, the accuracy or fairness with which they present the financial position, changes in financial position, or financial results of operations of the person, organization, or corporation, other than an officer, employee, or partner of the person, organization, or corporation under audit. (e) Except as set forth in subsection (1)(a)(II)(E) of this section, subsection (1)(a) of this section does not prohibit the performance by persons other than certified public accountants of other services involving the use of accounting skills, including the preparation of tax returns and the preparation of financial statements without the expression of opinions or assurances on the returns or statements. (2) Except as set forth in subsection (1)(a)(II)(E) of this section, nothing in this section shall be construed to prohibit any person from preparing or assisting in the preparation of any report or tax return to any agency of the federal, state, or local government or other political subdivision if the preparation or assistance is otherwise permissible under law or under the regulations of the agency or from affixing the signature of the person or firm so preparing or assisting in the preparation of the report or return to the report or return. Colorado Revised Statutes 2019 Page 186 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 808, § 1, effective October 1; IP(1)(a)(II), (1)(e), and (2) amended and (1)(a)(II)(C), (1)(a)(II)(D), and (1)(a)(II)(E) added, (SB 19-155), ch. 235, p. 2336, § 16, effective October 1. Editor's note: (1) This section is similar to former § 12-2-120 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-117. Exceptions - acts not prohibited - rules. (1) Nothing in this article 100 shall prohibit any person who is not a certified public accountant from serving as an employee of or an assistant to a certified public accountant holding an active certificate or serving as an employee or assistant of a validly registered partnership, professional corporation, or limited liability company composed of certified public accountants. The employee or assistant shall not issue any accounting or financial statement over his or her name. (2) (a) (I) Nothing in this article 100 prohibits a certified public accountant whose principal place of business is located in another state or jurisdiction of the United States from practicing in this state on professional business, as defined by rules promulgated by the board. The practice shall be conducted in conformity with rules promulgated by the board. (II) Notwithstanding the requirements of section 12-100-114, a foreign partnership, corporation, limited partnership, limited liability partnership, limited liability limited partnership, or limited liability company may engage in the practice of accountancy in this state without registering with the board if the practice is incident to the entity's regular practice outside this state, as defined by the board. The entity shall conduct the practice in conformity with rules promulgated by the board. (b) Nothing in this article 100 shall prohibit an accountant who holds a certificate, degree, or license in a foreign country, constituting a recognized qualification for the practice of public accounting in the country, from practicing in this state on professional business incident to his or her regular practice outside this state, as defined by the board. The practice shall be conducted in conformity with rules promulgated by the board. (c) A certified public accountant from another state or jurisdiction of the United States who is practicing in this state pursuant to this subsection (2) and the firm that employs the certified public accountant simultaneously consent, as a condition of practicing in this state: (I) To be subject to the jurisdiction of and disciplinary authority of the board; Colorado Revised Statutes 2019 Page 187 of 890 Uncertified Printout (II) To comply with the requirements of this subsection (2) and rules promulgated by the board pursuant to this subsection (2); (III) That, if the certified public accountant's certificate, license, or registration issued by the state in which the certified public accountant's principal place of business is located is no longer valid, the certified public accountant will cease to offer or render professional services in this state, either individually or on behalf of a firm; and (IV) To appoint the state board or entity that issued a certificate, license, or registration to the certified public accountant as the agent for service of process in any action or proceeding brought by the board against the certified public accountant. (d) The board may recover its reasonable costs incurred as part of its investigative, administrative, and disciplinary proceedings against a certified public accountant from another state or jurisdiction of the United States or from a foreign country if the board: (I) Enters a final order against the certified public accountant, finding that the certified public accountant violated a provision of this article 100, a rule adopted by the board, or an order of the board with which the certified public accountant is obligated to comply and the board has the authority to enforce; or (II) Enters into a consent or settlement agreement in which the board finds, or the certified public accountant admits or does not contest, that he or she violated a provision of this article 100, a rule adopted by the board, or an order of the board with which the certified public accountant is obligated to comply and the board has the authority to enforce. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 810, § 1, effective October 1; (2)(a) amended, (SB 19-155), ch. 235, p. 2336, § 17, effective October 1. Editor's note: (1) This section is similar to former § 12-2-121 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-118. Single act evidence of practice. Any person who displays, utters, or causes to be displayed or uttered a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing the person's name in conjunction with the words "certified public accountant", the abbreviation "C.P.A.", or any title, designation, or abbreviation prohibited by section 12-100-112 may be presumed in any action brought under section 12-100-124 to have held himself or herself out to be a certified public accountant holding an active certificate of Colorado Revised Statutes 2019 Page 188 of 890 Uncertified Printout certified public accountant pursuant to section 12-100-107. In any legal action brought under this article 100, evidence of the commission of a single act prohibited by this article 100 is sufficient to justify an injunction. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 811, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-122 as it existed prior to 2019. 12-100-119. Inactive certificant. (Repealed) Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 811, § 1, effective October 1; entire section repealed, (SB 19-155), ch. 235, p. 2338, § 21, effective October 1. Editor's note: (1) (a) This section was similar to former § 12-2-122.5 as it existed prior to 2019. (b) This section was repealed and relocated to § 12-100-113 (2) in 2019. (2) (a) Before its relocation in 2019, this section was repealed in SB 19-155, effective July 1, 2019. It was then also repealed in its current location in SB 19-155, effective October 1, 2019. See sections 11 and 21 of chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act repealing this section applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act repealing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-120. Grounds for disciplinary action - administrative penalties. (1) After notice and hearing as provided in section 12-100-123, the board may take disciplinary or other action as authorized in section 12-20-404 and impose other conditions or limitations on a person for any of the following causes: (a) Fraud or deceit in obtaining or in attempting to obtain a certificate as a certified public accountant or in obtaining registration under this article 100; (b) Fraud or negligence in the practice of public accounting in Colorado or any other state or in the filing of or failure to file the certified public accountant's own income tax returns; (c) Violation of any provision of this article 100 or an applicable provision of article 20 of this title 12, of any final rule promulgated by the board, or of any valid agency order; (d) Violation of a rule of professional conduct promulgated by the board under the authority granted by this article 100; (e) Conviction of a felony or of a crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States. For the purposes of this subsection (1)(e), a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction. Colorado Revised Statutes 2019 Page 189 of 890 Uncertified Printout (f) Discipline taken against the person's authority to practice as a certified public accountant or a public accountant in any jurisdiction; (g) Discipline taken against the person's right to practice before any state or federal agency or agency outside the United States or the public company accounting oversight board, created by the federal "Sarbanes-Oxley Act of 2002", 15 U.S.C. sec. 7201 et seq., as amended, for improper conduct or willful violation of the rules or regulations of the state or federal agency or the public company accounting oversight board; (h) Without an active certificate of certified public accountant or a valid registration: (I) Providing certified public accounting services to the public for a fee; or (II) Acting as a resident manager of an entity that is subject to section 12-100-114; (i) Failure to comply with the requirements for continuing education as prescribed by the board; (j) An act or omission that fails to meet generally accepted accounting principles or generally accepted auditing standards in the profession; (k) Use of false, misleading, or deceptive advertising; (l) An alcohol use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102, or an excessive use of a habit-forming drug, controlled substance, as defined in section 18-18-102 (5), or alcohol beverage that renders the certified public accountant unfit to practice public accounting; (m) Failure to retain records of the work performed for each client for a period of five years; (n) Failure of a partnership, professional corporation, or limited liability company to register with the board pursuant to section 12-100-114 and to renew the registration as prescribed by the board; (o) Fraudulent, coercive, or dishonest practices or demonstrated incompetence, untrustworthiness, or financial irresponsibility in Colorado, another state, a United States territory, or a foreign country. (2) In considering the conviction of crimes, as provided in subsection (1)(e) of this section, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101. (3) In addition to any other penalty that may be imposed pursuant to this section, any person violating this article 100 or any rules promulgated pursuant to this article 100 may be fined upon a finding of misconduct by the board as follows, either: (a) In a proceeding against a certificant, a fine not in excess of five thousand dollars per violation; or (b) In a proceeding against a registrant, a fine not in excess of ten thousand dollars per violation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 812, § 1, effective October 1; IP(1) and (1)(h) amended and (1)(o) added, (SB 19-155), ch. 235, p. 2337, § 18, effective October 1. Editor's note: (1) This section is similar to former § 12-2-123 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, Colorado Revised Statutes 2019 Page 190 of 890 Uncertified Printout 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-121. Response to board communication. A certificant shall, at the request of the board, respond to communications from the board within thirty days after the mailing of any communication. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 814, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-123.5 as it existed prior to 2019. 12-100-122. Revocation or suspension of partnership, professional corporation, or limited liability company registration. (1) After notice and hearing as provided in section 12100-123, the board shall revoke the registration of a partnership, professional corporation, or limited liability company if, at the time of the hearing, the partnership, professional corporation, or limited liability company does not have all the qualifications prescribed by the section of this article 100 under which it qualified for registration. (2) After notice and hearing as provided in section 12-100-123, the board may take disciplinary or other action against a registrant as authorized by section 12-20-404 for any of the causes enumerated in section 12-100-120 or for the following additional causes: (a) The revocation, suspension, or refusal to renew the certificate of any partner, shareholder, or member; (b) The cancellation, revocation, suspension, or refusal to renew the authority of the partnership or any partner thereof to practice public accounting in any other jurisdiction; (c) The cancellation, revocation, suspension, or refusal to renew the authority of the professional corporation, limited liability company, or foreign corporation or limited liability company or any shareholder or member thereof to practice public accounting by any other state or federal jurisdiction, or jurisdiction outside the United States or the public company accounting oversight board, created by the federal "Sarbanes-Oxley Act of 2002", 15 U.S.C. sec. 7201 et seq., as amended. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 814, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-124 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 191 of 890 Uncertified Printout 12-100-123. Hearings before board - notice - procedure - review. (1) (a) The board may initiate proceedings under this article 100, either on its own motion or on the complaint of any person. (b) The board, through the department, may employ administrative law judges on a fulltime or part-time basis to conduct hearings as provided by this article 100 or on any matter within the board's jurisdiction upon such conditions and terms as the board may determine. (2) Except as otherwise provided in this article 100, all proceedings before the board with respect to the denial, suspension, or revocation of certificates or registrations issued under this article 100 shall be conducted pursuant to the provisions of sections 12-20-403, 24-4-104, and 24-4-105. (3) If, after having been served with the notice of hearing as provided for in this section, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against the accused and may enter such order as is justified by the evidence, which order shall be final unless the accused petitions for a review thereof as provided in this section. Within thirty days after the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf. (4) At all hearings, the attorney general of this state or one of the attorney general's designated assistants shall appear and represent the board. (5) The decision of the board shall be by majority vote thereof. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 814, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-125 as it existed prior to 2019. 12-100-124. Investigations - findings - board actions - confidentiality of complaints. (1) The board, on its own motion based on reasonable grounds or on the signed, written complaint of any person, may investigate any person who has engaged, is engaging, or threatens to engage in any act or practice that constitutes a violation of any provision of this article 100. Actions under this section are governed by section 12-20-403. (2) (a) Complaints of record that are dismissed by the board and the results of investigation of the complaints shall be closed to public inspection. (b) Upon completing an investigation, the board shall make one of the following findings: (I) The complaint is without merit, and no further action need be taken. (II) There is no reasonable cause to warrant further action. (III) The investigation discloses an instance of conduct that does not warrant formal action and should be dismissed, but the investigation discloses indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the board shall send a confidential letter of concern to the licensee or registrant in accordance with section 12-20-404 (5). (IV) The investigation discloses an instance of conduct that does not warrant formal action but should not be dismissed as being without merit. If this finding is made, the board may Colorado Revised Statutes 2019 Page 192 of 890 Uncertified Printout send a letter of admonition in accordance with section 12-20-404 (4) to the licensee or registrant by certified mail. (V) The investigation discloses facts that warrant further proceedings by formal complaint. If this finding is made, the board shall refer the complaint to the attorney general for preparation and filing of a formal complaint. (c) The board shall conduct all proceedings pursuant to subsection (1) of this section and this subsection (2) expeditiously and informally so that no licensee or registrant is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint. (3) Complaints of record that are not dismissed by the board and are the results of investigations of the complaints shall be closed to public inspection and any meeting concerning the complaints shall be closed to the public during the investigatory period and until a stipulated agreement is reached between the applicant or certificate holder and the board or until notice of hearing and charges are filed and served on an applicant or certificate holder. Except for confidential books of account, financial records, advice, reports, or working papers provided by the client, the certified public accountant, or the certified public accounting firm, the board's records and papers shall be subject to the provisions of sections 24-72-203 and 24-72-204 regarding public records and confidentiality. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 815, § 1, effective October 1; (2)(b)(I) amended, (SB 19-155), ch. 235, p. 2337, § 19, effective October 1. Editor's note: (1) This section is similar to former § 12-2-126 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-100-125. Judicial review. (1) Section 12-20-408 governs judicial review of a final action or order of the board. (2) For the purposes of review, the residence of the board shall be the city and county of Denver. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 818, § 1, effective October 1. Colorado Revised Statutes 2019 Page 193 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-2-127 as it existed prior to 2019. 12-100-126. Reconsideration and review of action of board. The board, on its own motion or upon application, at any time after the imposition of any discipline as provided in section 12-100-120 (1), may reconsider its prior action and reinstate or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any further action, or the holding of a hearing with respect thereto, shall rest in the sole discretion of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 818, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-128 as it existed prior to 2019. 12-100-127. Unauthorized practice - penalties. Any person who violates section 12100-112 or 12-100-116 (1)(a) is subject to penalties pursuant to section 12-20-407 (1)(a). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 818, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-129 as it existed prior to 2019. 12-100-128. Ownership of accountant's working papers. All statements, records, schedules, working papers, and memoranda made by a certified public accountant incident to or in the course of professional service to a client by the certified public accountant, except financial statements submitted by a certified public accountant to a client and books and records prepared for the use of the client, shall be and remain the property of the certified public accountant in the absence of an express agreement to the contrary between the certified public accountant and the client. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 819, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-130 as it existed prior to 2019. Cross references: For the statutory privilege with respect to testimony concerning communications between a certified public accountant and the accountant's client, see § 13-90107 (1)(f). 12-100-129. Ownership of state auditor's working papers. Except for reports submitted to the legislative audit committee and books and records prepared for use by such committee, all statements, records, schedules, working papers, and memoranda prepared by a certified public accountant in the employ of the state auditor's office, in the course of professional service to the legislative audit committee, shall be and remain the property of the Colorado Revised Statutes 2019 Page 194 of 890 Uncertified Printout state auditor's office and shall be kept confidential unless a majority of the members of the legislative audit committee vote to open such documents. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 819, § 1, effective October 1. Editor's note: This section is similar to former § 12-2-130.5 as it existed prior to 2019. 12-100-130. Repeal of article - subject to review. This article 100 is repealed, effective September 1, 2030. Before the repeal, the state board of accountancy is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 819, § 1, effective October 1; entire section amended, (SB 19-155), ch. 235, p. 2337, § 20, effective October 1. Editor's note: (1) This section is similar to former § 12-2-132 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-155. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-155, chapter 235, Session Laws of Colorado 2019. (b) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 22 of chapter 235 (SB 19-155), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. ARTICLE 105 Barbers and Cosmetologists Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 105 was numbered as article 8 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. 12-105-101. Cosmetologist Act". Short title. The short title of this article 105 is the "Barber and Colorado Revised Statutes 2019 Page 195 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 819, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-101 as it existed prior to 2019. 12-105-102. Legislative declaration. The purpose of this article 105 is to protect the public's health, safety, and welfare with respect to the professional practice of barbers, hairstylists, cosmetologists, estheticians, and nail technicians, and, therefore, testing procedures and disciplinary actions are of the highest priority. Access of qualified professionals to these professions shall not be unduly restricted. The director is hereby directed to enforce this article 105 to accomplish the purposes set forth in this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 819, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-102 as it existed prior to 2019. 12-105-103. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 819, § 1, effective October 1. 12-105-104. Definitions. As used in this article 105, unless the context otherwise requires: (1) "Barber" means a person who engages in any of the practices of barbering. (2) "Barbering" means any one or combination of the following practices when done upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the public generally: Shaving or trimming the beard; cutting the hair; giving facial or scalp massage or treatment with oils, creams, or lotions, or other chemical preparations, either by hand or with mechanical appliances; dyeing the hair or applying hair tonic; applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or shoulders. (3) "Barber school" means an establishment operated by a person for the purpose of teaching barbering that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches barbering. (4) "Barbershop" or "beauty salon" means a fixed establishment, temporary location, or place in which one or more persons engage in the practice of barbering or cosmetology. The term "temporary location" includes a motor home as defined in section 42-1-102 (57). (5) "Beauty school" means an establishment operated by a person for the purpose of teaching cosmetologists, estheticians, hairstylists, and nail technicians that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches cosmetology. (6) "Cosmetologist" means a person who engages in any of the practices of cosmetology. Colorado Revised Statutes 2019 Page 196 of 890 Uncertified Printout (7) "Cosmetology" means any one act or practice, or any combination of acts or practices, not for the treatment of disease, physical illness, or a behavioral, mental health, or substance use disorder, when done for payment either directly or indirectly or when done without payment for the public generally, usually performed by and included in or known as the profession of beauty culturists, beauty operators, beauticians, estheticians, cosmetologists, or hairdressers or of any other person, partnership, corporation, or other legal entity holding itself out as practicing cosmetology by whatever designation and within the meaning of this article 105. In particular, "cosmetology" includes, but is not limited to, any one or a combination of the following acts or practices: Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of a person by any means and, with hands or a mechanical or electrical apparatus or appliance or by the use of cosmetic or chemical preparations; manicuring or pedicuring the nails of a person; giving facials, applying makeup, giving skin care, or applying eyelashes involving physical contact with a person; beautifying the face, neck, arms, bust, or torso of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body with the use of antiseptics, tonics, lotions, or creams; removing superfluous hair from the body of a person by the use of depilatories or waxing or by the use of tweezers; and the trimming of the beard. (8) "Esthetician" means any person who engages in any one or more of the following practices not for the treatment of disease or physical ailments: (a) Giving facials, applying makeup, giving skin care, or applying eyelashes, involving physical contact, to any person; (b) Beautifying the face, neck, arms, bust, or torso of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; (c) Massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body by means of the hands, devices, apparatus, or appliances with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams; (d) Removing superfluous hair from the body of any person by the use of depilatories or waxing or by the use of tweezers. (9) "Hairstyling" means providing one or more of the following hair care services not for the treatment of disease or physical or mental ailments upon the upper part of the human body for cosmetic purposes for payment either directly or indirectly, or when done without payment for the public generally: (a) Cleansing, massaging, or stimulating the scalp with oils, creams, lotions, or other cosmetic or chemical preparations, using the hands or with manual, mechanical, or electrical implements or appliances; (b) Applying cosmetic or chemical preparations, antiseptics, powders, oils, clays, or lotions to the scalp; (c) Cutting, arranging, applying hair extensions to, or styling the hair by any means using the hands or with manual, mechanical, or electrical implements or appliances; (d) Cleansing, coloring, lightening, waving, or straightening the hair with cosmetic or chemical preparations, using manual, mechanical, or electrical implements or appliances; (e) Trimming the beard. (10) "Hairstylist" means a person who engages in any of the practices of hairstyling. Colorado Revised Statutes 2019 Page 197 of 890 Uncertified Printout (11) "Manicuring" means any one act or practice, or combination of acts or practices, not for the treatment of disease or physical or mental ailments, when done for direct or indirect payment or when done without payment for the public generally. "Manicuring" includes, but is not limited to, the filing, buffing, polishing, cleansing, extending, protecting, wrapping, covering, building, pushing, or trimming of nails or any other similar work upon the nails of a person by any means, including the softening of the hands, arms, ankles, or feet of a person by use of hands, a mechanical or electrical apparatus or appliance, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, stimulating, manipulating, or exercising the arms, hands, feet, or ankles of a person. Manicuring also includes waxing or the use of depilatories on the leg up to the knee and the waxing or the use of depilatories on the arm up to the elbow. (12) "Nail technician" means a person who engages in the limited practices of cosmetology known as manicuring. Unless otherwise licensed under this article 105, a nail technician shall not engage in the practice of cosmetology, except manicuring. (13) "Natural hair braiding" means a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or with a mechanical device, as long as the service does not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. (14) "Owner" includes any person who has a financial interest in a barbershop or beauty salon or any other place of business entitling the person to participate in the promotion, management, or proceeds thereof. It does not include a person whose connection with the barbershop, beauty salon, or other place of business entitles the person only to reasonable salary or wages for services actually rendered. The owner of a place of business is the person responsible for registering the place of business with the director. (15) "Place of business" means a fixed establishment, temporary location, or place, including any mobile barber shop or beauty salon, in which one or more persons engage in the practice of barbering, hairstyling, or cosmetology or practice as a nail technician or an esthetician. The term "temporary location" includes a motor home as defined in section 42-1-102 (57). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 819, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-103 as it existed prior to 2019. 12-105-105. Books and records - report - publications. (1) The director shall keep a record of proceedings. The director shall keep a register of applicants for licenses showing the name and address of each applicant and whether such applicant was granted or refused a license. The director shall keep a register of places of business showing each owner's name and the address of each such place of business. The books and records of the director shall be prima facie evidence of matters contained therein and shall constitute public records. (2) Publications of the director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. Colorado Revised Statutes 2019 Page 198 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 822, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-107 as it existed prior to 2019. 12-105-106. Powers and duties of the director - advisory committee. (1) The director has the following powers and duties: (a) To promulgate rules in accordance with section 12-20-204; (b) To take disciplinary or other action as authorized in section 12-20-404 or limit the scope of practice of an applicant, licensee, or registrant, upon proof of a violation of this article 105 or the rules promulgated pursuant to this article 105; (c) To prescribe, with the approval of the department of public health and environment, such safety and sanitary rules as the director may deem necessary to protect the health and safety of the public; (d) To supervise and regulate the industries of barbering, hairstyling, and cosmetology and the practices of estheticians and nail technicians of this state in accordance with this article 105, but nothing contained in this article 105 shall be construed to abrogate the status, force, or operation of any provisions of any public health law of this state or any local health ordinance or regulation; (e) To establish criteria for applicant eligibility for examination and to establish procedures for the registration of places of business; (f) To investigate, in accordance with section 12-20-403, upon the director's own initiative or upon receiving a complaint, all suspected or alleged violations of this article 105, unless the director determines that a complaint or alleged violation is without merit, and to enter premises in which violations are alleged to have occurred during business hours; (g) To apply, in accordance with section 12-20-406, for an order enjoining any act or practice that constitutes a violation of this article 105. Upon a showing to the satisfaction of the court that a person is engaging or intends to engage in any such act or practice, an injunction, temporary restraining order, or other appropriate order shall be granted by such court, regardless of the existence of another remedy therefor. (h) To send letters of admonition under the circumstances specified in and in accordance with section 12-20-404 (4); (i) To issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; (j) To issue confidential letters of concern under the circumstances specified in section 12-20-404 (5). (2) The director shall appoint a six-member advisory committee to assist in the performance of the director's duties. The advisory committee consists of at least three licensees who have expertise in the area under review; one owner or operator of a school that provides training for licensees in the industry and is licensed by the private occupational school division; a representative from a Colorado licensed school that provides training for licensees in the industry; and a member of the public. Members of the advisory committee shall not be compensated for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties under this article 105. The advisory committee shall meet at least once per year and prior to the adoption of rules, and at the request of the director. Colorado Revised Statutes 2019 Page 199 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 822, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-108 as it existed prior to 2019. 12-105-107. Examinations. (1) For the benefit of applicants, the director shall hold examinations as often as necessary, subject to appropriation constraints. (2) The respective examinations of applicants for licenses to practice barbering, hairstyling, or cosmetology under this article 105 shall be conducted under rules prescribed by the director and shall include practical demonstrations, written tests in reference to the practices to which a license is applied, and such related studies or subjects as the director may determine necessary for the proper and efficient performance of the practices, and the examinations shall not be confined to any specific system or method. The practical demonstrations shall be conducted under conditions that are as similar to actual operating conditions as possible. The director is authorized to rent adequate facilities in which to hold the examinations. (3) The examinations must be consistent with the practical and theoretical requirements of the practices of barbering, hairstyling, or cosmetology or providing nail technician or esthetician services as provided by this article 105, and the director shall review, revise, and update the examinations periodically on a reasonable basis in consultation with the advisory committee created pursuant to section 12-105-106. Examinations must be graded promptly, and the results of the examinations must be made available to the applicants promptly. The examination must emphasize health and safety issues. (4) The director shall offer a separate and complete testing station and facility for each applicant, and no oral examination shall be given in connection with practical demonstrations. (5) No person is permitted to examine applicants in any of the practical portions for barbers, hairstylists, cosmetologists, estheticians, or nail technicians in which the person has not had practical experience and received a license as provided in this article 105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 824, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-110 as it existed prior to 2019. 12-105-108. Application - form. (1) Each applicant for examination shall file with the director a written application in the form the director may require to set forth the qualifications of the applicant and shall submit satisfactory proof of the required age and education. (2) Each applicant for registration shall file with the director a written application in the form the director may require pursuant to section 12-105-112. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 825, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-111 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 200 of 890 Uncertified Printout 12-105-109. Results of examinations. The results of examinations and the qualifications of applicants for admission to the examinations or for licenses shall be determined by the director or by such person as the director shall designate. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 825, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-112 as it existed prior to 2019. 12-105-110. When the director admits applicant. If the director finds that the applicant meets the qualifications of sections 12-105-108 and 12-105-111 and has submitted any other credentials required by the director for admission to the examination and has paid the required fee, the director shall admit the applicant to examination. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 826, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-113 as it existed prior to 2019. 12-105-111. Qualifications of applicants - requirements - rules. (1) An applicant for any license provided in this article 105 or for examination shall be at least sixteen years of age. (2) An applicant for examination shall furnish proof of graduation from a barber school or beauty school approved by the private occupational school division pursuant to article 64 of title 23; approved by the state board for community colleges and occupational education pursuant to article 60 of title 23; or, if the school is located in another state or country, approved by the governmental agency responsible for approving the schools in that state or country. The applicant shall also furnish proof that the applicant has successfully completed educational requirements equal to those set by the director. If the applicant has graduated from a school located outside Colorado, the applicant shall furnish proof that the applicant has successfully completed educational requirements substantially equal to those set by the director. (3) The director shall promulgate rules to implement this section, but shall not require an applicant for examination to furnish proof of training of more than the number of hours of course completion in the subject area in which the applicant seeks licensure as follows: (a) For a cosmetologist: (I) Fifty credits, as defined by: (A) Institutional accreditation requirements; (B) The Colorado commission on higher education full-time equivalent clock-to-credit hour requirements; or (C) The department of education accreditation requirements; or (II) One thousand five hundred contact hours; (b) For a barber: (I) Fifty credits, as defined by: (A) Institutional accreditation requirements; (B) The Colorado commission on higher education full-time equivalent clock-to-credit hour requirements; or Colorado Revised Statutes 2019 Page 201 of 890 Uncertified Printout (C) The department of education accreditation requirements; or (II) One thousand five hundred contact hours; (c) Six hundred contact hours for an esthetician; (d) Six hundred contact hours for a nail technician; (e) One thousand two hundred contact hours for a hairstylist. (3.5) (a) For the purposes of fulfilling the applicable contact hour requirements in subsections (3)(a)(II), (3)(b)(II), (3)(c), (3)(d), and (3)(e) of this section, an applicant for examination may substitute work experience obtained in a foreign country as a barber, cosmetologist, esthetician, nail technician, or hairstylist using a ratio of three months of work experience for every one hundred contact hours; except that an applicant shall not substitute work experience for any of the contact hours required for disinfection, cleaning, and safe work practices or for the hours required to review laws and rules, as determined by rule of the director. (b) The director may, by rule, determine the manner in which an applicant shall provide proof of the work experience. An applicant for examination who substitutes work experience for contact hours required pursuant to subsection (3) of this section may submit as proof of work experience a signed and notarized attestation of work experience that includes the place or places of employment if the director determines that records are not generally available in the location where the work experience was gained. (4) Every person desiring to obtain a license to practice the occupation of a barber, cosmetologist, esthetician, hairstylist, or nail technician in this state shall apply and pay to the director an examination fee. The director shall issue a license to applicants who successfully pass the examination and who qualify upon the payment of the required fee. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 826, § 1, effective October 1; (3.5) added, (HB 19-1290), ch. 187, p. 2082, § 2, effective October 1. Editor's note: (1) This section is similar to former § 12-8-114 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1290. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1290, chapter 187, Session Laws of Colorado 2019. (3) Section 3 of chapter 187 (HB 19-1290), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-105-112. Registration for places of business. (1) Each owner of a place of business shall register with the director. The director shall maintain a registry of the places of business. The director is authorized to establish and collect a fee that is based on the director's actual costs associated with the maintenance of the registry. (2) If an applicant for registration has paid the required fee and complied with the requirements of this article 105, the director shall issue the registration. The registration must be conspicuously displayed in the place of business. Colorado Revised Statutes 2019 Page 202 of 890 Uncertified Printout (3) It is unlawful for a place of business to offer barbering, cosmetology, hairstyling, or esthetician or nail technician services in this state unless the place of business is registered with the director. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 827, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-114.5 as it existed prior to 2019. 12-105-113. Renewal and reinstatement of license. All licenses issued pursuant to this article 105 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 105 or section 12-20-202 (1). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 827, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-115 as it existed prior to 2019. 12-105-114. Fees. Fees shall be as established pursuant to section 12-20-105 and shall not be refunded. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 827, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-116 as it existed prior to 2019. 12-105-115. Licensure by endorsement - rules. (1) The director shall issue a license by endorsement to engage in the practice of barbering, cosmetology, hairstyling, manicuring, or esthetician services in this state to an individual who possesses an active license in good standing to practice in that profession in another state or territory of the United States or in a foreign country if the applicant presents proof that is satisfactory to the director, that the applicant: (a) Possesses a valid license from another state or jurisdiction that is substantially equivalent to the requirements in Colorado for licensure and meets all other requirements for licensure pursuant to this article 105. The director may specify by rule what shall constitute substantially equivalent licensure and qualifications. (b) Has paid the prescribed licensure fees. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 828, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-118 as it existed prior to 2019. 12-105-116. Issuance of license - display. If an applicant for examination to practice barbering, hairstyling, or cosmetology or to provide esthetician or nail technician services passes Colorado Revised Statutes 2019 Page 203 of 890 Uncertified Printout the examination and has paid the required fee and complies with the requirements of this article 105, the director shall issue a license to that effect. The license is evidence that the person to whom it is issued is entitled to engage in the practices, occupation, or occupations stipulated in the license. The license must be conspicuously displayed in the licensee's principal office or place of business or employment. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 828, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-119 as it existed prior to 2019. 12-105-117. License required. It is unlawful for any person to engage in, or attempt to engage in, the occupation of barbering, hairstyling, or cosmetology or to provide esthetician or nail technician services in this state unless the person first obtains a license as provided in this article 105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 828, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-120 as it existed prior to 2019. 12-105-118. Exemptions. (1) Nothing in this article 105 prohibits services by: (a) A person who is acting within the scope of practice for which he or she is licensed, registered, or certified; (b) Licensed or unlicensed volunteers in the performance of charitable services for washing and setting the hair of: (I) Patients confined to hospitals or nursing, convalescent, or boarding homes; (II) Persons confined to their homes by reason of age, physical or mental infirmity, or physical disability; (c) A student of a barbering, hairstyling, or cosmetology school or of esthetician or nail technician services who has received more than twenty percent of the hours of instruction required in section 12-105-111 (3) and who is rendering services at the school under supervision of a licensee within the school setting; (d) A person who provides the service of natural hair braiding. (2) Lectures and demonstrations on beauty culture, hairdressing, and the use of beauty preparations performed without compensation do not constitute the practice of cosmetology, and nothing in this article 105 prevents the giving of lectures to and demonstrations on any person. The application of beauty products for the exclusive purpose of recommending, demonstrating, or selling the products does not constitute the practice of cosmetology. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 828, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-121 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 204 of 890 Uncertified Printout 12-105-119. Director may employ aid - compensation. The director may employ any person licensed pursuant to this article 105 for the purpose of conducting examinations. The person must not be connected with any school teaching barbering, hairstyling, or cosmetology or esthetician or nail technician students. Any person employed by the director may receive compensation for services for each day employed in the actual discharge of the person's official duties and actual and necessary expenses incurred, to be set by the director upon the approval of the executive director. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 829, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-122 as it existed prior to 2019. 12-105-120. Inspections. Upon written complaint, inspections under section 12-105-106 (1)(f) of barbershops, beauty salons, places of business, and booths rented therein operated by independent licensees may be conducted by the director, or the director may contract for the inspections. The director shall maintain detailed records of all complaints and responses to the complaints. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 829, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-123 as it existed prior to 2019. 12-105-121. Unauthorized practice - penalties - fines. (1) Any person who practices or offers or attempts to practice barbering, hairstyling, esthetics, manicuring, or cosmetology without an active license issued under this article 105 is subject to penalties pursuant to section 12-20-407 (1)(a). (2) In addition to any other penalty, any person who violates the provisions of this article 105 or the rules of the director promulgated under this article 105 may be fined by the director upon a finding of a violation, pursuant to article 4 of title 24, as follows: (a) In the first administrative proceeding against any person, a fine of not less than one hundred dollars but not more than five hundred dollars per day per violation; (b) In any subsequent administrative proceeding against any person for transactions occurring after a final agency action determining that a violation of this article 105 has occurred, a fine of not less than one thousand dollars but not more than two thousand dollars per day per violation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 829, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-127 as it existed prior to 2019. 12-105-122. Enforcement. It is the duty of the district attorneys of each judicial district of this state and the attorney general of this state to prosecute all persons charged with the Colorado Revised Statutes 2019 Page 205 of 890 Uncertified Printout violation of any of the provisions of this article 105. It is the duty of the director to aid the attorneys in the enforcement of this article 105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 830, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-128 as it existed prior to 2019. 12-105-123. Investigations. The practice and procedure of the director with respect to any investigation by the director authorized by this article 105 shall be in accordance with rules promulgated by the director, which rules shall provide for, but need not be limited to, investigation powers, including the right to enter the premises of any place of business registered or subject to registration under this article 105 at any time the business is open or has members of the public present on the premises. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 830, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-129 as it existed prior to 2019. 12-105-124. Disciplinary proceedings - administrative law judges - judicial review. (1) The director may, through the department, employ administrative law judges to conduct hearings as provided by this section or on any matter within the director's jurisdiction upon such conditions and terms as the director may determine. (2) A proceeding for discipline of a licensee or registrant shall be commenced when the director has reasonable grounds to believe that a licensee or registrant has committed acts that may violate the provisions of this article 105. The grounds may be established by an investigation begun by the director on the director's own motion or by an investigation pursuant to a written complaint. Section 12-20-403 and article 4 of title 24 govern proceedings under this section. (3) Any hearing on the revocation or suspension of a license, or on the denial of an application for a new license, or for renewal of a previously issued license shall be conducted by an administrative law judge. (4) Final action by the director may be judicially reviewed in accordance with section 12-20-408. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 830, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-131 as it existed prior to 2019. 12-105-125. Grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that the licensee: Colorado Revised Statutes 2019 Page 206 of 890 Uncertified Printout (a) Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101. (b) Made any misstatement on his or her application for licensure to practice as a barber, hairstylist, cosmetologist, esthetician, or nail technician or attempted to obtain a license to practice by fraud, deception, or misrepresentation; (c) Committed an act or failed to perform an act necessary to meet the generally accepted standards to practice a profession licensed under this article 105, which shall include performing services outside of the person's area of training, experience, or competence; (d) Excessively or habitually uses or abuses alcohol or controlled substances; (e) Has violated any of the provisions of this article 105, an applicable provision of article 20 of this title 12, or any valid order of the director; (f) Is guilty of unprofessional or dishonest conduct; (g) Advertises by means of false or deceptive statement; (h) Fails to display the license as provided in section 12-105-116; (i) Fails to comply with the rules promulgated by the director pursuant to section 12105-106 (1)(a); (j) Is guilty of willful misrepresentation; (k) Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a barber, cosmetologist, esthetician, hairstylist, or nail technician; (l) Aids or abets the unlicensed practice of barbering, hairstyling, or cosmetology or the unlicensed provision of esthetician or nail technician services; or (m) Fails to timely respond to a complaint sent by the director pursuant to section 12105-124. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 831, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-132 as it existed prior to 2019. 12-105-126. Repeal of article - review of functions. This article 105 is repealed, effective September 1, 2026. Before the repeal, the functions of the director and the advisory committee created in section 12-105-106 are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 832, § 1, effective October 1. Editor's note: This section is similar to former § 12-8-133 as it existed prior to 2019. ARTICLE 110 Combative Sports Colorado Revised Statutes 2019 Page 207 of 890 Uncertified Printout Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 110 was numbered as article 10 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. 12-110-101. Short title. The short title of this article 110 is the "Colorado Professional Boxing Safety Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 832, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-101 as it existed prior to 2019. 12-110-102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the federal "Professional Boxing Safety Act of 1996", 15 U.S.C. sec. 6301 et seq., as amended, requires the state of Colorado to establish a state boxing commission. Because there is no state boxing commission, any professional boxing match held in Colorado has to be supervised by another state's boxing commission, using safety guidelines and procedures implemented by that state. (2) The general assembly further finds and declares that it is in the best interests of the residents of Colorado, professional boxing participants, and the future of the sport of boxing in Colorado that the conduct of the sport be subject to an effective and efficient system of strict control designed by the general assembly. The system shall, at a minimum: (a) Protect the safety of the participants; and (b) Promote the public trust and confidence in the conduct of professional boxing. (3) To further public confidence and trust, this article 110 and rules promulgated pursuant to this article 110 shall regulate all persons, practices, and associations that relate to the operation of live professional boxing events, performances, or contests held in Colorado. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 832, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-102 as it existed prior to 2019. 12-110-103. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 110. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 833, § 1, effective October 1. 12-110-104. Definitions. As used in this article 110, unless the context otherwise requires: (1) "Boxer" means an individual who participates in a boxing match. Colorado Revised Statutes 2019 Page 208 of 890 Uncertified Printout (2) "Boxing" means fighting, striking, forcing an opponent to submit, or disabling an opponent, including the disciplines of kickboxing, mixed martial arts, and martial arts. (3) "Commission" means the Colorado combative sports commission created in section 12-110-106. (4) "Contest" means a match in which the participants strive earnestly to win. (5) "Exhibition" means a match in which participants display their boxing skills and techniques without striving earnestly to win. (6) "Kickboxing" means engaging in martial arts fighting techniques using the hands and feet, the object of which is to win by a decision, knockout, or technical knockout. (7) "Martial arts" means any of several arts of combat or self-defense that are widely practiced as sport. (8) "Match" means a professional boxing contest or exhibition, the object of which is to win by a decision, knockout, or technical knockout, and includes an event, engagement, sparring or practice session, show, or program where the public is admitted and there is intended to be physical contact. "Match" does not include a training or practice session when no admission is charged. (9) "Mixed martial arts" means the combined techniques of boxing and martial arts disciplines such as grappling, kicking, and striking, including the use of full, unrestrained physical force. (10) "Office" means the office of combative sports created in section 12-110-105. (11) "Office director" means the director of the office. (12) "Participant" means a person who engages in a match as a boxing contestant. (13) "Physician" means an individual licensed to practice medicine pursuant to article 240 of this title 12. (14) "Place of training" means a facility where alcohol beverages are not permitted, an admission fee is not charged for nonstudents, instructors of particular disciplines train students in the art of boxing, and students pay a fee to be enrolled in classes and receive instruction. (15) "Professional" means a participant who has received or competed for a purse or any other thing of value for participating in a match. (16) (a) "Toughperson fighting" means: (I) A physical contest, match, tournament, exhibition, or bout, or any activity that involves physical contact between two or more individuals engaging in combative skills using the hands, feet, or body, whether or not prizes or purses are awarded at the event or promised in future events or spectator admission fees are charged or received; and (II) A contest, match, tournament, exhibition, bout, or activity, as described in subsection (16)(a)(I) of this section, that is not recognized by and not sanctioned by any state, regional, or national boxing sanctioning authority that is recognized by the director. (b) "Toughperson fighting" does not mean: (I) Activities occurring under a martial arts instructor at a place of training or other types of instructor-student or student-student contact occurring under the supervision of an instructor at a place of training; or (II) A sanctioned boxing event approved by the commission. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 833, § 1, effective October 1. Colorado Revised Statutes 2019 Page 209 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-10-103 as it existed prior to 2019. 12-110-105. Office of combative sports - creation. There is hereby created, within the division, the office of combative sports. The office of combative sports and the Colorado combative sports commission, created in section 12-110-106, shall exercise their respective powers and perform their respective duties and functions as specified in this article 110 under the department as if the powers, duties, and functions were transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 834, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-104 as it existed prior to 2019. 12-110-106. Colorado combative sports commission - creation. (1) There is hereby created, within the office of combative sports, the Colorado combative sports commission. The commission shall regulate matches in Colorado. (2) (a) The commission consists of five voting members and two nonvoting advisory members. All members must be residents of Colorado, be of good character, and not have been convicted of any felony or match-related offense, notwithstanding section 24-5-101, and be appointed as follows: (I) The governor shall appoint three voting members. (II) The president of the senate shall appoint one voting member. (III) The speaker of the house of representatives shall appoint one voting member. (IV) (A) Two nonvoting advisory members who are licensed physicians shall be appointed, one by the speaker of the house of representatives and one by the president of the senate. (B) The two nonvoting advisory members shall advise the commission on matters concerning the health and physical condition of boxers and health issues relating to the conduct of matches. The nonvoting members may prepare and submit to the commission for its consideration and approval any rules that in their judgment will safeguard the physical welfare of the participants engaged in boxing. (b) Members' terms are four years. (c) The commission shall designate by majority vote which member is to serve as chair. Any member may be removed from office by the person making the appointment for misfeasance, malfeasance, willful neglect of duty, or other cause. (d) Members shall serve until their successors are appointed and have been qualified. Any vacancy in the membership of the commission shall be filled in the same manner as the original appointment. A vacancy in the membership of the commission other than by expiration of term shall be filled for the remainder of the unexpired term only. (3) Meetings of the commission shall be held at least annually and shall be called by the chair or by any two members of the commission and shall be open to the public. Any three voting members shall constitute a quorum at any meeting. Action may be taken and motions and resolutions may be adopted at any meeting at which a quorum exists by the affirmative vote of a Colorado Revised Statutes 2019 Page 210 of 890 Uncertified Printout majority of the voting members present. Members may participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all members participating may simultaneously hear one another at all times during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 835, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-105 as it existed prior to 2019. 12-110-107. General powers and duties of the commission - rules. (1) In addition to any other powers specifically granted to the commission in this article 110, the commission shall issue rules as necessary for the regulation of the conduct, promotion, and performance of live boxing matches in this state. The rules must be consistent with this article 110, the federal "Professional Boxing Safety Act of 1996", 15 U.S.C. sec. 6301 et seq., as amended, and any other applicable federal law. The commission's rules must include: (a) Requirements for issuance of licenses and permits for boxers, seconds, inspectors, promoters, judges, and referees; (b) Regulation of ticket sales; (c) Physical requirements for participants, including classification by weight and skill; (d) Provisions for supervision of contests and exhibitions by referees and licensed physicians; (e) Requirements for insurance covering participants and bonding of promoters; (f) Guidelines for compensation of licensees; (g) Guidelines for contracts and financial arrangements between promoters and participants; (h) Prohibition of dishonest, unethical, and injurious practices; (i) Guidelines for reports of fraud; (j) Responsibilities of participants; (k) Regulation of facilities; and (l) Procedures to: (I) Allow the director to deny or suspend a participant license for a nondisciplinary reason, such as a medical or administrative reason, including the following reasons listed in the federal "Professional Boxing Safety Act of 1996", as amended: (A) A recent knockout or series of consecutive losses; (B) An injury; (C) A required medical procedure; or (D) A physician's denial of certification; (II) Authorize the director to lift a license denial or suspension imposed for a nondisciplinary reason if the participant or a representative of the participant sufficiently demonstrates: (A) That the participant's medical or physical condition has improved to a degree that the nondisciplinary license denial or suspension is no longer warranted; or (B) That the nondisciplinary license denial or suspension was never warranted; and Colorado Revised Statutes 2019 Page 211 of 890 Uncertified Printout (III) Allow the director to report a nondisciplinary participant license suspension to a national record keeper approved by the director. (2) No member shall receive compensation for serving on the commission; however, a member may be reimbursed for expenses incurred in the performance of services. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 836, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-106 as it existed prior to 2019. 12-110-108. License required. No person shall participate, officiate, judge, referee, promote, or second a professional boxing arts contest unless the person is licensed pursuant to this article 110. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 837, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-106.3 as it existed prior to 2019. 12-110-109. Renewal and reinstatement of licenses - fees. All licenses issued pursuant to this article 110 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 110 or section 12-20-202 (1). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 837, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-106.5 as it existed prior to 2019. 12-110-110. Office director - appointment - qualification - powers and duties director of division's powers and duties. (1) The office director is appointed by, and serves under the supervision of, the director of the division. (2) The office director must: (a) Be of good character and not have been convicted of any felony or match-related offense, notwithstanding section 24-5-101; and (b) Not be engaged in any other profession or occupation that could present a conflict of interest with the duties of office director. (3) (a) In addition to the duties imposed upon the office director elsewhere in this article 110, the office director shall, in accordance with this article 110 and the rules of the commission: (I) Direct and supervise the administrative and technical activities of the commission; (II) Supervise and administer the operation of matches; and (III) As deemed necessary by the director of the division, advise and make recommendations to the director of the division with regard to the director of the division's functions. Colorado Revised Statutes 2019 Page 212 of 890 Uncertified Printout (b) In addition to the duties imposed upon the director of the division elsewhere in this article 110, the director of the division shall: (I) Attend meetings of the commission or appoint a designee to attend in the director of the division's place; (II) Advise and recommend to the commission rules and other procedures as the director of the division deems necessary and advisable to improve the conduct of boxing; (III) Furnish any documents of the commission that may be required by the state auditor in the performance of audits performed in conformance with part 1 of article 3 of title 2; and (IV) Enforce this article 110 and investigate allegations of activity that might violate this article 110. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 837, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-107 as it existed prior to 2019. 12-110-111. Grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 against a license or an application for a license if the applicant or licensee: (a) Violates any order of the commission or the director, any provision of this article 110, an applicable provision of article 20 of this title 12, or the rules established under this article 110; (b) Fails to meet the requirements of this article 110 or the rules of the commission; (c) Is convicted of or has entered a plea of nolo contendere or guilty to a felony; except that the director shall be governed by the provisions of section 24-5-101 in considering the conviction or plea; (d) Has an alcohol use disorder, as defined in section 27-81-102, or a substance use disorder, as defined in section 27-82-102, or is an excessive or a habitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), if the use, disorder, or dependency is a danger to other licensees; (e) Has incurred disciplinary action related to professional boxing in another jurisdiction. Evidence of disciplinary action is prima facie evidence for denial of a license or other disciplinary action if the violation would be grounds for disciplinary action in this state. (f) Provides false information in any application or attempts to obtain a license by fraud, deception, misrepresentation, or concealment; (g) Is guilty of conduct, or is incompetent or negligent in a manner, that: (I) Is detrimental to a contest or exhibition of boxing, including unsportsmanlike conduct engaged in before, during, or after a contest or exhibition of boxing; or (II) Results in injury, or creates an unreasonable risk of harm, to a person; or (h) Fails to comply with a limitation, restriction, or condition that the director or any other state or national regulatory authority responsible for regulating boxing places on the licensee or applicant. (2) (a) Any proceeding to deny, suspend, revoke, or place on probation a license shall be conducted pursuant to sections 12-20-403, 24-4-104, and 24-4-105. Colorado Revised Statutes 2019 Page 213 of 890 Uncertified Printout (b) Upon completing an investigation in accordance with section 12-20-403, the director shall make one of the following findings: (I) The complaint is without merit and no further action need be taken. (II) There is no reasonable cause to warrant further action. (III) The investigation discloses an instance of conduct that does not warrant formal action and should be dismissed, but the director notices indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the director shall send a confidential letter of concern to the licensee in accordance with section 12-20-404 (5). (IV) The investigation discloses an instance of conduct that does not warrant formal action but should not be dismissed as being without merit. If this finding is made, the director may send a letter of admonition to the licensee in accordance with section 12-20-404 (4) by certified mail. (V) The investigation discloses facts that warrant further proceedings by formal complaint. If this finding is made, the director shall refer the complaint to the attorney general for preparation and filing of a formal complaint. (c) The director shall conduct all proceedings pursuant to this subsection (2) expeditiously and informally so that no licensee is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint. (3) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 838, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-107.1 as it existed prior to 2019. 12-110-112. Toughperson fighting prohibited. (1) Toughperson fighting is prohibited in the state of Colorado. No person or entity shall promote, advertise, conduct, or compete or participate in toughperson fighting. No license or permit shall be issued for toughperson fighting or for any contests or exhibitions of a similar nature. (2) Any violation of this section is a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 842, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-107.5 as it existed prior to 2019. 12-110-113. Immunity. In addition to the persons specified in section 12-20-402, the office director, the office director's staff, any person acting as a witness or consultant to the office director, any witness testifying in a proceeding authorized under this article 110, and any person who lodges a complaint pursuant to this article 110 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402. Colorado Revised Statutes 2019 Page 214 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 842, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-108 as it existed prior to 2019. 12-110-114. Fees. The director shall establish and collect nonrefundable license fees and may establish and collect surcharges and other money as the director deems necessary; except that the fees and surcharges shall not exceed the amount necessary to implement this article 110. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 842, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-109 as it existed prior to 2019. 12-110-115. Violations. (1) Fines. The director may issue an order against any person who willfully violates this article 110, after providing prior notice and an opportunity for a hearing pursuant to section 24-4-105. The director may impose a fine in an amount up to five thousand dollars for a single violation or twenty-five thousand dollars for multiple violations in a proceeding or a series of related proceedings. (2) Criminal penalties. Any person who engages in or offers or attempts to engage in the conduct, promotion, or performance of live boxing matches without an active license or permit issued under this article 110 is subject to penalties pursuant to section 12-20-407 (1)(a). (3) Injunction. Whenever it appears to the director that a person has engaged or is about to engage in an act or practice that violates this article 110 or a rule or order issued under this article 110, the director may bring an action to enjoin the acts or practices and to enforce compliance with this article 110 or any rule or order. (4) Enforcement. The commission and director may assist local law enforcement agencies in their investigations of violations of this article 110 and may initiate and carry out such investigations in coordination with local law enforcement agencies. (5) Judicial review. Section 12-20-408 governs final director actions and orders appropriate for judicial review. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 842, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-110 as it existed prior to 2019. 12-110-116. Repeal of article - subject to review. This article 110 is repealed, effective September 1, 2026. Before the repeal, the office and the commission are schedule for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 843, § 1, effective October 1. Editor's note: This section is similar to former § 12-10-111 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 215 of 890 Uncertified Printout ARTICLE 115 Electricians Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 115 was numbered as article 23 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. 12-115-101. Legislative declaration. The general assembly hereby declares that the state electrical board shall be specifically involved in the testing and licensing of electricians and shall provide for inspections of electrical installations where local inspection authorities are not providing the service to the standards required by this article 115. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 843, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-100.2 as it existed prior to 2019. 12-115-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 115. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 843, § 1, effective October 1. 12-115-103. Definitions. As used in this article 115, unless the context otherwise requires: (1) "Apprentice" means a person who is required to be registered as such under section 12-115-115 (3)(a), who is in compliance with the provisions of this article 115, and who is working at the trade in the employment of a registered electrical contractor and is under the direct supervision of a licensed master electrician, journeyman electrician, or residential wireman. (2) "Board" means the state electrical board created in section 12-115-104. (2.5) "Direct supervision" means that the supervising licensed master electrician, journeyman electrician, or residential wireman is physically present at the same physical address where the apprentice is working. (3) "Electric light, heat, and power" means the standard types of electricity that are supplied by an electric utility, regardless of whether the source is an electric utility or the inverter output circuit of a photovoltaic system, direct-current lighting system, or a similar circuit from another type of renewable energy system or electric vehicle charging infrastructure, and used and consumed in a real estate improvement or real estate fixture. (4) "Electrical contractor" means any person, firm, copartnership, corporation, association, or combination thereof that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and Colorado Revised Statutes 2019 Page 216 of 890 Uncertified Printout repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. A licensed professional engineer who plans or designs electrical installation shall not be classed as an electrical contractor. (5) "Electrical work" means wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power. (6) "Journeyman electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work. (7) "Master electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work, such as the national electrical code. (8) "National electrical code" means the code for the safe installation of electrical wiring and equipment, as amended, published by the National Fire Protection Association and approved by the American National Standards Institute, or successor organizations. (9) "Permanent state highway tunnel facilities" means all permanent state highway tunnels, shafts, ventilation systems, and structures and includes all structures, materials, and equipment appurtenant to the facilities. The term includes all electrical equipment, materials, and systems to be constructed, furnished, and installed as part of the final construction features specified by the applicable contract plans and specifications or by the national electrical code. For the purposes of this article 115 and article 20 of title 34, permanent state highway tunnel facilities shall be deemed to be mines during the construction of the facilities. (10) "Qualified state institution of higher education" means: (a) One of the state institutions of higher education established under, specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on the campuses; (b) The institution whose campus is established under and specified in section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and (c) The institution whose campus is established under and specified in section 23-20-101 (1)(d), but limited to current and future buildings owned, leased, or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20101 (1)(d). (11) "Residential wireman" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, and install, electrical apparatus and equipment for wiring one-, two-, three-, and four-family dwellings. (12) "Supervision" means the management of a project to ensure that work on the project is done correctly and according to the law. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 843, § 1, effective October 1; (2.5) and (12) added and (3) amended, (SB 19-156), ch. 346, p. 3203, § 10, effective October 1. Colorado Revised Statutes 2019 Page 217 of 890 Uncertified Printout Editor's note: (1) This section is similar to former § 12-23-101 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-104. State electrical board. (1) There is hereby established a state electrical board, which consists of nine members appointed by the governor, with the consent of the senate, who must be residents of the state of Colorado. The governor shall strongly consider appointing an electrician who works primarily in the residential sector to at least one of the four seats allotted to master or journeyman electricians pursuant to subsection (1)(a) or (1)(b) of this section. The qualifications of the members are as follows: (a) Two members shall be electrical contractors who have masters' licenses; (b) Two members shall be master or journeymen electricians who are not electrical contractors; (c) One member shall be a representative of private, municipal, or cooperative electric utilities rendering electric service to the ultimate public; (d) One member shall be a building official from a political subdivision of the state performing electrical inspections; (e) One member shall be a general contractor actively engaged in the building industry; and (f) Two members shall be appointed from the public at large. (2) All members of the board shall serve for three-year terms and all appointees shall be limited to two full terms each. Any vacancy occurring in the membership of the board shall be filled by the governor by appointment for the unexpired term of the member. The governor may remove any member of the board for misconduct, incompetence, or neglect of duty. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 845, § 1, effective October 1; IP(1) amended, (SB 19-156), ch. 346, p. 3203, § 11, effective October 1. Editor's note: (1) This section is similar to former § 12-23-102 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 218 of 890 Uncertified Printout (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-105. Repeal of article - subject to review. This article 115 is repealed, effective September 1, 2032. Before the repeal, the state electrical board, including provisions relating to qualified state institutions of higher education, is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 845, § 1, effective October 1; entire section amended, (SB 19-156), ch. 346, p. 3204, § 12, effective October 1. Editor's note: (1) This section is similar to former § 12-23-102.5 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-106. Board under department of regulatory agencies. The state electrical board and its powers, duties, and functions are transferred, effective July 1, 1978, by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, to the department and allocated to the division. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 846, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-103 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 219 of 890 Uncertified Printout 12-115-107. Board powers and duties - rules - definition. (1) (a) The board, annually in the month of July, shall elect from its membership a chair and vice-chair. The board shall meet at least annually and at such other times as it deems necessary. (b) A majority of the board shall constitute a quorum for the transaction of all business. (2) In addition to all other powers and duties conferred or imposed upon the board by this article 115, the board is authorized to: (a) Adopt, and from time to time revise, rules pursuant to section 12-20-204. In adopting the rules, the board shall be governed when appropriate by the standards in the most current edition of the national electrical code or by any modifications to the standards made by the board after a hearing is held pursuant to the provisions of article 4 of title 24. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. A copy of the code shall be kept in the office of the board and open to public inspection. Nothing contained in this section prohibits any city, town, county, city and county, or qualified state institution of higher education from making and enforcing any such standards that are more stringent than the minimum standards adopted by the board, and any city, town, county, city and county, or qualified state institution of higher education that adopts more stringent standards shall furnish a copy thereof to the board. The standards adopted by the board shall be prima facie evidence of minimum approved methods of construction for safety to life and property. The affirmative vote of two-thirds of all appointed members of the board is required to set any standards that are different from those set forth in the national electrical code. If requested in writing, the board shall send a copy of newly adopted standards and rules to any interested party at least thirty days before the implementation and enforcement of the standards or rules. The copies may be furnished for a fee established pursuant to section 12-20-105. (b) Register apprentices and register and renew the registration of qualified electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article 115; (c) Cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 115 and incur necessary expenses therefor; (d) Inspect and approve or disapprove the installation of electrical wiring, renewable energy systems, apparatus, or equipment for electric light, heat, and power according to the minimum standards in the national electrical code or as prescribed in this article 115. With respect to: (I) An inverter-based hydroelectric energy facility generating one hundred kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, an inspector shall inspect a hydroelectric energy installation in accordance with the minimum standards set forth in the edition of the national electrical code in effect on May 29, 2015; however, if a microhydro assembly manufactured for the purpose of generating electricity in a microhydro system uses an inverter that is listed and identified for interconnection service, the inspector shall deem the system's equipment compliant with section 705.4 of the edition of the national electrical code in effect on May 29, 2015. For purposes of this subsection (2)(d), a "microhydro system" means a hydroelectric generation system that generates one hundred kilowatts or less. Colorado Revised Statutes 2019 Page 220 of 890 Uncertified Printout (II) An induction-based hydroelectric energy facility generating one hundred kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, the installation of a hydroelectric energy turbine, induction generator, and control panel shall be certified: (A) To a listing standard by a field evaluation body or nationally recognized testing laboratory; or (B) By a professional engineer, by means of signing and stamping documentation of the project, as required in a form and manner determined by the board, indicating that the installation meets design criteria set forth in the Institute of Electrical and Electronics Engineers' (IEEE) standard for interconnecting distributed resources with electric power systems. (e) Apply any hydroelectric energy provisions of an updated national electrical code, notwithstanding any provision in subsection (2)(d) of this section to the contrary, if the national electrical code is updated to address hydroelectric energy specifically; (f) Regulate a licensed master electrician, journeyman electrician, or residential wireman who, acting within his or her scope of competence, supervises a solar photovoltaic installation pursuant to section 40-2-128. On and after January 1, 2020, all photovoltaic electrical work for installations of at least three hundred kilowatts, including the interconnection of the modules, grounding of the modules, any balance of system wiring, and the customer-side point of connection to the utility grid, must be performed by a licensed master electrician, licensed journeyman electrician, licensed residential wireman, or properly supervised electrical apprentices and must comply with all applicable requirements of this article 115, including sections 12-115-109 and 12-115-115, and all applicable rules of the board. (g) Review and approve or disapprove requests for exceptions to the national electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised; (h) Conduct investigations and hearings and gather evidence in accordance with the provisions of sections 12-20-403 and 24-4-105; (i) Enter into reciprocal licensing agreements with the electrical board, or its equivalent, of another state or states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado; (j) Find, upon holding a hearing, that an incorporated town or city, county, city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 115 if the local inspection authority, including a qualified state institution of higher education, has failed to adopt or adhere to the minimum standards required by this article 115 within twelve months after the board has adopted the standards by rule pursuant to this subsection (2); (k) Issue an order to cease and desist from issuing permits or performing inspections under this article 115 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 115 pursuant to subsection (2)(j) of this section; (l) Apply to a court to enjoin an incorporated town or city, county, city and county, or qualified state institution of higher education from violating an order issued pursuant to subsection (2)(k) of this section. Colorado Revised Statutes 2019 Page 221 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 846, § 1, effective October 1; (2)(f) amended, (HB 19-1003), ch. 360, p. 3339, § 4, effective October 1. Editor's note: (1) This section is similar to former § 12-23-104 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1003. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1003, chapter 360, Session Laws of Colorado 2019. (3) Section 5 of chapter 360 (HB 19-1003), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-108. Program director. The director of the division may appoint a program director pursuant to section 13 of article XII of the state constitution to work with the board in carrying out its duties under this article 115. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 848, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-104.5 as it existed prior to 2019. 12-115-109. Electrician must have license - control and supervision. (1) No person shall engage in or work at the business, trade, or calling of a journeyman electrician, master electrician, or residential wireman in this state until the person has received a license from the division upon written notice from the board or the program director, acting as the agent thereof, or a temporary permit from the board, the program director, or agent of the director. (2) A residential wireman shall not perform electrical work of a type that is beyond the authorization of the license held. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 849, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-105 as it existed prior to 2019. 12-115-110. License requirements - rules - continuing education. (1) Master electrician. (a) An applicant for a master electrician's license shall furnish written evidence that: (I) The applicant is a graduate electrical engineer of an accredited college or university and has one year of practical electrical experience in the construction industry; (II) The applicant is a graduate of an electrical trade school or community college and has at least four years of practical experience in electrical work; or (III) The applicant has had at least one year of practical experience in planning, laying out, supervising, and installing wiring, apparatus, or equipment for electric light, heat, and power beyond the practical experience requirements for the journeyman's license. Colorado Revised Statutes 2019 Page 222 of 890 Uncertified Printout (b) Each applicant for a license as a master electrician must file an application on forms prepared and furnished by the board, together with the application fee provided in section 12115-117 (1). The board shall notify each applicant that the evidence submitted with the application is sufficient to qualify the applicant for licensure or that the evidence is insufficient and the application is rejected. If the application is rejected, the board shall set forth the reasons for the rejection in the notice to the applicant. (2) Journeyman electrician. (a) An applicant for a journeyman electrician's license shall furnish written evidence that the applicant has had the following: (I) At least four years' apprenticeship in the electrical trade or four years' practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power; (II) At least two of the applicant's years' experience required by subsection (2)(a)(I) of this section has been in commercial, industrial, or substantially similar work; and (III) Effective January 1, 2011, during the last four years of training, apprenticeship, or practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power, at least two hundred eighty-eight hours of training in safety, the national electrical code and its applications, and any other training required by the board that is provided by an accredited college or university, an established industry training program, or any other provider whose training is conducted in compliance with rules promulgated by the board, in collaboration with established industry training programs and industry representatives. (b) An applicant shall be permitted to substitute for required practical experience evidence of academic training or practical experience in the electrical field, which shall be credited as follows: (I) If the applicant is a graduate electrical engineer of an accredited college or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit. (II) If the applicant has academic training, including military training, that does not qualify under subsection (2)(b)(I) of this section, the board shall provide work experience credit for the training or for substantially similar training established by rule. (c) Any application for a license and notice to the applicant shall be made and given as provided for in the case of a master electrician's license. (3) Residential wireman. (a) An applicant for a residential wireman's license shall furnish written evidence that the applicant has at least two years of accredited training or two years of practical experience in wiring one-, two-, three-, and four-family dwellings. (b) An applicant shall be permitted to substitute for required practical experience evidence of academic training in the electrical field, which shall be credited as follows: (I) If the applicant is a graduate electrical engineer of an accredited college or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit. (II) If the applicant has academic training, including military training, that is not sufficient to qualify under subsection (3)(b)(I) of this section, the board shall provide work experience credit for the training according to a uniform ratio established by rule. (c) Any residential wireman's license issued under this section shall be clearly marked as such across its face. Colorado Revised Statutes 2019 Page 223 of 890 Uncertified Printout (4) (a) The board shall provide for licensing examinations. Any examination that is given for master electricians, journeymen electricians, and residential wiremen shall be subject to board approval. The board, or its designee, shall conduct and grade the examination and shall set the passing score to reflect a minimum level of competency. If it is determined that the applicant has passed the examination, the division, upon written notice from the board or the program director, acting as an agent thereof, and upon payment by the applicant of the fee provided in section 12-115-117, shall issue to the applicant a license that authorizes him or her to engage in the business, trade, or calling of a master electrician, journeyman electrician, or residential wireman. (b) All license and registration expiration and renewal schedules shall be in accord with the provisions of section 12-20-202. Fees in regard to such renewals shall be those set forth in section 12-115-117. (c) Licenses issued pursuant to this article 115 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 115 or section 12-20-202 (1). (d) (I) (A) Except as otherwise provided in subsection (4)(d)(I)(B) of this section, on or after January 1, 2018, the department shall not renew or reinstate a license unless the applicant has completed twenty-four hours of continuing education since the date of issuance of the applicant's initial license or, if the applicant's license was renewed or reinstated, the most recent renewal or reinstatement. (B) Subsection (4)(d)(I)(A) of this section does not apply to the first renewal or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to subsection (4)(a) of this section. (II) On or before April 1, 2017, the board, in collaboration with established industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards, which requirements and standards must include course work related to the national electrical code, including core competencies as determined by the board. A renewal or reinstatement license applicant shall furnish or cause to be furnished to the board, in a form and manner required by the board, documentation to demonstrate compliance with this subsection (4)(d)(II) and rules promulgated pursuant to this subsection (4)(d)(II). To ensure consumer protection, the board's rules may include audit standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor. (5) (a) No person, firm, copartnership, association, or combination thereof shall engage in the business of an electrical contractor without having first registered with the board. The board shall register the contractor upon payment of the fee as provided in section 12-115-117, presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state, and satisfaction of the requirements of subsection (5)(b) or (5)(c) of this section. (b) If either the owner or the part owner of any firm, copartnership, corporation, association, or combination thereof has been issued a master electrician's license by the division and is in charge of the supervision of all electrical work performed by the contractor, upon written notice from the board or the program director, acting as the agent thereof, the division Colorado Revised Statutes 2019 Page 224 of 890 Uncertified Printout shall promptly, upon payment of the fee as provided in section 12-115-117, register the licensee as an electrical contractor. (c) If any person, firm, copartnership, corporation, association, or combination thereof engages in the business of an electrical contractor and does not comply with subsection (5)(b) of this section, it shall employ at least one licensed master electrician, who shall be in charge of the supervision of all electrical work performed by the contractor. (d) No holder of a master's license shall be named as the master electrician, under subsection (5)(b) or (5)(c) of this section, for more than one contractor, and a master name shall be actively engaged in a full-time capacity with that contracting company. The qualifying master license holder shall be required to notify the board within fifteen days after his or her termination as a qualifying master license holder. The master license holder is responsible for all electrical work performed by the electrical contracting company. Failure to comply with a notification may lead to discipline of the master license holder as provided in section 12-115-122. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 849, § 1, effective October 1; (1)(b) amended, (SB 19-156), ch. 346, p. 3204, § 13, effective October 1. Editor's note: (1) This section is similar to former § 12-23-106 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-111. Credit for experience not subject to supervision of a licensed electrician. For all applicants seeking work experience credit toward licensure, the board shall give credit for electrical work that is not required to be performed by or under the supervision of a licensed electrician if the applicant can show that the particular experience received or the supervision under which the work has been performed is adequate. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 852, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-106.5 as it existed prior to 2019. 12-115-112. Unauthorized use of title. No person, firm, partnership, corporation, or association shall advertise in any manner or use the title or designation of "master electrician", Colorado Revised Statutes 2019 Page 225 of 890 Uncertified Printout "journeyman electrician", or "residential wireman" unless qualified and licensed under this article 115. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 852, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-107 as it existed prior to 2019. 12-115-113. License by endorsement or reciprocity - rules. (1) The board shall issue an electrical license by endorsement in this state to any person who is licensed to practice in another jurisdiction if the person presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the person possesses credentials and qualifications that are substantially equivalent to requirements in Colorado for licensure. (2) The board shall issue an electrical license by reciprocity where a reciprocal agreement for an equivalent license exists, pursuant to section 12-115-107 (2)(i), between the board and the electrical board, or its equivalent, of the state or states where the applicant is licensed. The board shall strive to reduce barriers for Colorado licensees to be licensed by endorsement or through reciprocity in other states. (3) The board may specify by rule what shall constitute substantially equivalent credentials and qualifications. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 852, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-109 as it existed prior to 2019. 12-115-114. Temporary permits - rules. The board or the program director or the director's agent, as provided in the rules promulgated by the board, shall issue temporary permits to engage in the work of a master electrician in cases where an electrical contractor no longer has the services of any master electrician as required under this article 115 and shall issue temporary permits to engage in the work of a journeyman electrician or residential wireman to any applicant who furnishes evidence satisfactory to the board that the applicant has the required experience to qualify for the examination provided in this article 115 and who pays the fee provided in section 12-115-117 for the permits. In addition, and in a similar manner, the board or the program director or the director's agent shall issue temporary permits to any applicant who furnishes evidence satisfactory to the board that the applicant qualifies for a master electrician's license and who pays the required fee. Temporary permits shall continue in effect for no more than thirty days after issuance and may be revoked by the board at any time. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 853, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-110 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 226 of 890 Uncertified Printout 12-115-115. Apprentices - supervision - registration - discipline. (1) Any person may work as an apprentice but shall not do any electrical wiring for the installation of electrical apparatus or equipment for light, heat, or power except under the direct supervision of a licensed electrician. A licensed electrician shall not directly supervise more than three apprentices at a job site. (2) An electrical contractor, journeyman electrician, master electrician, or residential wireman who is the employer or direct supervisor of any electrical apprentice working at the trade is responsible for the work performed by the apprentice. The board may take disciplinary action against the contractor, electrician, or residential wireman under section 12-115-122 for any improper work performed by an electrical apprentice working at the trade while employed by and under the direct supervision of that person. The registration of the apprentice may also be subject to disciplinary action under section 12-115-122. (3) (a) Upon employing an electrical apprentice to work at the trade, the electrical contractor, within thirty days after the initial employment, shall register the apprentice with the board. The employer shall also notify the board within thirty days after the termination of the employment. (b) An apprentice must be under the direct supervision of a licensed electrician as set forth in subsection (1) of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 853, § 1, effective October 1; (1), (2), and (3)(b) amended, (SB 19-156), ch. 346, p. 3204, § 14, effective October 1. Editor's note: (1) This section is similar to former § 12-23-110.5 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-116. Exemptions - definition. (1) Employees of public service corporations, rural electrification associations, or municipal utilities generating, distributing, or selling electrical energy for light, heat, or power or for operating street railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or employees of railroad corporations, or lawfully permitted or franchised cable television companies and their employees shall not be required to hold licenses while doing electrical work for those purposes. Colorado Revised Statutes 2019 Page 227 of 890 Uncertified Printout (2) Nothing in this article 115 shall be construed to require any individual to hold a license before doing electrical work on his or her own property or residence if all such electrical work, except for maintenance or repair of existing facilities, is inspected as provided in this article 115; if, however, the property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is generally open to the public, the owner shall be responsible for, and the property shall be subject to, all of the provisions of this article 115 pertaining to inspection and licensing, unless specifically exempted therein. (3) (a) Nothing in this article 115 requires a regular employee of a firm or corporation to hold a license before doing any electrical work on the property of the firm or corporation, whether or not the property is owned, leased, or rented if: (I) The firm or corporation employing the employee performing the work has all the electrical work installed in conformity with the minimum standards as set forth in this article 115; (II) The work is subject to inspection by the board or its inspectors by request in writing in accordance with section 12-115-120; and (III) The property of the firm or corporation is not generally open to the public. (b) Neither a license for the firm or corporation, nor an inspection by the board or its inspectors, nor the payment of any fees thereon shall be required, with the exception of inspection by the board or its inspectors when performed by written request. Nothing contained in this article 115 requires a license, an inspection by the board or its inspectors, or the payment of any fees for any electrical work performed for the maintenance or repair of existing facilities that are exempt as provided in this section. (4) If the property of any person, firm, or corporation is: Rental property or is developed for sale, lease, or rental; occupied or is to be occupied by tenants for lodging, either transient or permanent; or generally open to the public, the property is subject to all the provisions of this article 115 pertaining to inspection and licensing; except that the maintenance or repair of existing property specified in this subsection (4) is not subject to this article 115. (5) Nothing in this article 115 shall be construed to cover the installation, maintenance, repair, or alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks, dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the controllers. Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115. (6) (a) Nothing in this article 115 shall be construed to require an individual to hold a license before doing any maintenance or repair of existing facilities on his or her own property or residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected therewith. (b) Nothing in this article 115 shall be construed to require any firm or corporation or its regular employees to be required to hold a license before doing maintenance or repair of existing facilities on the property of the firm or corporation, whether or not the property is generally open to the public; nor shall inspection by the board or its inspectors or the payment of any fees connected therewith be required. Colorado Revised Statutes 2019 Page 228 of 890 Uncertified Printout (c) For the purposes of this subsection (6), "maintenance or repair of existing facilities" means to preserve or keep in good repair lawfully installed facilities by repairing or replacing components with new components that serve the same purpose. (7) An individual, firm, copartnership, or corporation may engage in business as an electrical contractor without an electrician's license if all electrical work performed by the individual, firm, copartnership, or corporation is under the direction and control of a licensed master electrician. (8) Any person who plugs in any electrical appliance where an approved electrical outlet is already installed shall not be considered an installer. (9) No provision of this article 115 shall in any manner interfere with, hamper, preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if the connection of the appliance does not necessitate the installation of electrical wiring of the structure where the appliance is connected. (10) The provisions of this article 115 shall not be applicable to the installation or laying of metal or plastic electrical conduits in bridge or highway projects where the conduits must be laid according to specifications complying with applicable electrical codes. (11) Repealed. (12) Inasmuch as electrical licensing and the examination of persons performing electrical work is a matter of statewide concern, the examination, certification, licensing, or registration of electrical contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are licensed, registered, or certified under this article 115 shall not be required by any city, town, county, city and county, or qualified state institution of higher education; however, any such local governmental authority or qualified state institution of higher education may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of the authority or within buildings owned or leased or on land owned by the qualified state institution of higher education. No fee shall be charged for the registration. (13) The provisions of this article 115 shall not be applicable to any surface or subsurface operation or property used in, around, or in conjunction with any mine that is inspected pursuant to the "Federal Mine Safety and Health Amendments Act of 1977", Pub.L. 95-164, as amended, except permanent state highway tunnel facilities, which shall conform to standards based on the national electrical code. Nothing contained in this subsection (13) shall prohibit the department of transportation from adopting more stringent standards or requirements than those provided by the minimum standards specified in the national electrical code, and the department of transportation shall furnish a copy of the more stringent standards to the board. (14) (a) The permit and inspection provisions of this article 115 do not apply to: (I) Installations under the exclusive control of electric utilities for the purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, whether the installations are located in buildings used exclusively for utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; or (II) Load control devices for electrical hot water heaters that are owned, leased, or otherwise under the control of, and are operated by, an electric utility, and are on the load side of the single-family residential meter, if the equipment was installed by a registered electrical Colorado Revised Statutes 2019 Page 229 of 890 Uncertified Printout contractor. The contractor will notify appropriate local authorities that the work has been completed in order that an inspection may be made at the expense of the utility company. (b) This subsection (14) does not exempt any premises wiring on buildings, structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (14), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (14) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility. (15) Nothing in this article 115 shall be construed to: (a) Cover the installation, maintenance, repair, or alteration of security systems of fifty volts or less, lawn sprinkler systems, environmental controls, or remote radio-controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115. (b) Cover the installation, maintenance, repair, or alteration of electronic computer data processing equipment and systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115. (c) (I) Except to the extent that a communication system's cables and systems utilized for conveying power are hard-wired into a building's electrical system but subject to subsection (16)(a) of this section, cover the installation, maintenance, repair, or alteration of communications systems, including: (A) Telephone and telegraph systems not exempted as utilities in subsection (1) of this section; (B) Radio and television receiving and transmitting equipment and stations; and (C) Antenna systems other than community antenna television systems beyond the terminals of the controllers. (II) The contractors performing any installation, maintenance, repair, or alteration under the exemption specified in this subsection (15)(c) and their employees are not covered by the licensing requirements of this article 115. (d) Cover the installation, maintenance, repair, or alteration of electric signs, cranes, hoists, electroplating, industrial machinery, and irrigation machinery beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115. (e) Cover the installation, maintenance, repair, or alteration of equipment and wiring for sound recording and reproduction systems, centralized distribution of sound systems, public address and speech-input systems, or electronic organs beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115. (f) Require either that employees of the federal government who perform electrical work on federal property shall be required to be licensed before doing electrical work on the property or that the electrical work performed on the property shall be regulated pursuant to this article 115; Colorado Revised Statutes 2019 Page 230 of 890 Uncertified Printout (g) Require licensing that covers the installation, maintenance, repair, or alteration of fire alarm systems operating at fifty volts or less. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115 but shall be subject to all provisions of this article 115 pertaining to inspections and permitting. (16) Nothing in this article 115 applies to: (a) (I) The installation, maintenance, repair, or alteration of class 2 and class 3 remotecontrol, signaling, and power-limited circuits, as defined by the national electrical code; or (II) Contractors or their employees performing any installation, maintenance, repair, or alteration of the circuits specified in subsection (16)(a)(I) of this section; or (b) The installation, maintenance, repair, or alteration of traffic signals or requires licensure for that work. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 854, § 1, effective October 1; (3), (4), IP(14)(a), (14)(a)(II), and (15)(c) amended, (11) repealed, and (16) added, (SB 19-156), ch. 346, p. 3204, § 15, effective October 1. Editor's note: (1) This section is similar to former § 12-23-111 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-117. Fees. (1) As established pursuant to section 12-20-105, fees shall be charged by the board for the following: (a) Master electrician's license or permit; (b) Renewal of master electrician's license; (c) Journeyman electrician's license or permit; (d) Renewal of journeyman electrician's license; (e) Examination for master electrician; (f) Examination for journeyman electrician; (g) Electrical contractor registration; (h) Renewal of electrical contractor registration; (i) Residential wireman's license or permit; (j) Renewal of residential wireman's license; (k) Examination for residential wireman; Colorado Revised Statutes 2019 Page 231 of 890 Uncertified Printout (l) Apprentice registration. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 858, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-112 as it existed prior to 2019. 12-115-118. Publications. Publications of the board circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 858, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-114 as it existed prior to 2019. 12-115-119. Inspectors - qualifications - repeal. (1) (a) (I) The director of the division is hereby authorized to appoint or employ, with the power of removal, competent persons licensed under this article 115 as journeymen or master electricians as state electrical inspectors. The director is also authorized to appoint or employ, with the power of removal, for the purpose of inspecting one-, two-, three-, or four-family dwellings, competent persons with the following qualifications: (A) Persons who have passed the written residential wireman's examination described in section 12-115-110; or (B) Persons employed by any city, town, county, or city and county on or before January 1, 2019, who have been certified as residential electrical inspectors by a national certification authority approved by the board and who have furnished satisfactory evidence of at least two years' practical experience in the electrical inspection of residential dwellings. This subsection (1)(a)(I)(B) is repealed, effective January 1, 2023. (II) The inspectors may be employed either on a full-time or on a part-time basis as the circumstances in each case shall warrant; except that the director of the division may contract with any electrical inspector regularly engaged as such and certify him or her to make inspections in a designated area at such compensation as shall be fixed by the director. State electrical inspectors have the right of ingress and egress to and from all public and private premises during reasonable working hours where this law applies for the purpose of making electrical inspections or otherwise determining compliance with the provisions of this article 115. In order to avoid conflicts of interest, a state electrical inspector hired under this section shall not inspect any electrical work in which the inspector has any financial or other personal interest and shall not be engaged in the electrical business by contracting, supplying material, or performing electrical work as defined in this article 115. (b) Any employee of a private, municipal, or cooperative electric utility rendering service to the ultimate public shall be prohibited from employment as an electrical inspector only when in the performance of any electrical work as defined in this article 115. Electrical inspectors performing electrical inspections who are employed by any city, town, county, city and county, or qualified state institution of higher education shall possess the same qualifications required of state electrical inspectors under this section; shall be registered with the board prior Colorado Revised Statutes 2019 Page 232 of 890 Uncertified Printout to the assumption of their duties; shall not inspect any electrical work in which the inspector has any financial or other personal interest; and shall not be engaged, within the jurisdiction employing the inspector, in the electrical business by contracting, supplying material, or performing electrical work as defined in this article 115. Additionally, electrical inspectors performing electrical inspections who are employed by a qualified state institution of higher education shall possess an active journeyman or master electrician license. A supervisor overseeing the work of an electrical inspector who is employed by a qualified state institution of higher education shall not direct the electrical inspector to violate any provision of this article 115. An electrical inspector employed by a qualified state institution of higher education shall not be coerced by a supervisor when filing a complaint with the board or when the electrical inspector disapproves an electrical installation that violates the provisions of this article 115. (c) Nothing in this article 115 shall be construed to limit any inspector from qualifying as an inspector in other construction specialties. (2) State electrical inspectors appointed or employed pursuant to subsection (1) of this section may: (a) Conduct inspections and investigations pursuant to section 12-115-122 (2) on behalf of the program director; (b) Provide service of process for a citation served pursuant to section 12-115-122 (4)(b) in compliance with rule 4 of the Colorado rules of civil procedure. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 858, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-115 as it existed prior to 2019. 12-115-120. Inspection - application - standard - rules. (1) (a) An individual required to have electrical inspection under this article 115 shall apply to the board for an electrical permit, except where an incorporated town or city, county, city and county, or qualified state institution of higher education has a building department that meets the minimum standards of this article 115 and that processes applications for building permits and inspections, in which case the individual shall apply to the building department. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of this article 115, and specifically section 12-115-115, have been met. (b) Upon final inspection and approval by the state electrical inspector, notice shall be issued by the board to the utility, and the office of the board shall retain one copy of the record of approval. (c) A utility shall not provide service to any person required to have electrical inspection under this article 115 without proof of final approval as provided in subsection (1)(b) of this section; except that service shall be provided in those situations determined by the local electrical inspection authority, or by the board, whichever has jurisdiction, to be emergency situations for a maximum period of seven days or until the inspection has been made. Colorado Revised Statutes 2019 Page 233 of 890 Uncertified Printout (2) (a) The owner of an electrical installation in any new construction, other than manufactured units certified by the division of housing pursuant to section 24-32-3311, or remodeling or repair of an existing construction, except in any incorporated town or city, county, city and county, or qualified state institution of higher education having its own electrical code and inspection program equal to the minimum standards as are provided in this article 115, shall have the electrical portion of the installation, remodeling, or repair inspected by a state electrical inspector. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution. (b) A state electrical inspector shall inspect any new construction, remodeling, or repair subject to this subsection (2) within three working days after the receipt of the application for inspection. Prior to the commencement of any electrical installation, the person making the installation shall apply for an electrical permit and pay the required permit fee. (c) A manufactured home, mobile home, or movable structure owner shall have the electrical installation for the manufactured home, mobile home, or movable structure inspected prior to obtaining electric service. (3) A state electrical inspector shall inspect the work performed, and, if the work meets the minimum standards set forth in the national electrical code referred to in section 12-115-107 (2)(a), a certificate of approval shall be issued by the inspector. If the installation is disapproved, written notice thereof together with the reasons for the disapproval shall be given by the inspector to the applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the electrical service thereto discontinued until the installation is rendered safe and shall send a copy of the notice of disapproval and order for discontinuance of service to the supplier of electricity. The applicant may appeal the disapproval to the board and shall be granted a hearing by the board within seven days after notice of appeal is filed with the board. After removal of the cause of the disapproval, the applicant shall make application for reinspection in the same manner as for the original inspection and pay the required reinspection fee. (4) The person or inspector making an application, certificate of approval, or notice of disapproval shall include the name of the property owner, if known; the location and a brief description of the installation; the name of the electrical contractor and state registration number; the state electrical inspector; and the fee charged for the permit. The notice of disapproval and corrective actions to be taken shall be submitted to the board, and a copy of the notice shall be submitted to the electrical contractor within two working days after the date of inspection. The inspector shall post a copy of the notice at the installation site. The board shall furnish the forms. A copy of each application, certificate, and notice made or issued shall be filed with the board. (5) Nothing in this section shall be construed to require any utility as defined in this article 115 to collect or enforce collection or in any way handle the payment of any fee connected with the application. (6) (a) All inspection permits issued by the board shall be valid for a period of twelve months, and the board shall cancel the permit and remove it from its files at the end of the twelve-month period, except in the following circumstances: Colorado Revised Statutes 2019 Page 234 of 890 Uncertified Printout (I) If an applicant makes a showing at the time of application for a permit that the electrical work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years. (II) If the applicant notifies the board prior to the expiration of the twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months. (b) If an inspection is requested by an applicant after a permit has expired or has been cancelled, a new permit must be applied for and granted before an inspection is performed. (7) Notwithstanding the fact that any incorporated town or city, any county, or any city and county in which a public school is located or is to be located has its own electrical code and inspection authority, any electrical installation in any new construction or remodeling or repair of a public school shall be inspected by a state electrical inspector. (8) In the event that any incorporated town or city, county, city and county, or qualified state institution of higher education intends to commence or cease performing electrical inspections in its respective jurisdiction or, in the case of a qualified state institution of higher education, for buildings owned, leased, or on its land, the public entity or institution shall commence or cease the same only as of July 1 of any year, and written notice of the intent must be given to the board on or before October 1 of the preceding calendar year. If the notice is not given and the use of state electrical inspectors is required within the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring the inspections shall reimburse the state electrical board for any expenses incurred in performing the inspections, in addition to transmitting the required permit fees. (9) (a) A person claiming to be aggrieved by the failure of a state electrical inspector to inspect property after proper application or by notice of disapproval without setting forth the reasons for rejecting the inspection may request the program director to review the actions of the state electrical inspector or the manner of the inspection. The request may be made by an authorized representative and shall be in writing. (b) Upon the filing of a request, the program director shall cause a copy to be served upon the state electrical inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director. (c) If the request is not granted within ten days after it is filed, it may be treated as rejected. Any person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon. (d) Any hearing before the board shall be held pursuant to the provisions of section 24-4105. (10) (a) An inspector performing an inspection for the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education may verify compliance with this article 115; however, for each project, inspections performed by the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education must include a contemporaneous review to ensure that the specific requirements of sections 12-115-109 and 12-115-115 have been met. A contemporaneous review may include a full or partial review of the electricians and apprentices working on a job site being inspected. Colorado Revised Statutes 2019 Page 235 of 890 Uncertified Printout (b) To ensure that enforcement is consistent, timely, and efficient, each entity, including the state, as described in this subsection (10), shall develop standard procedures to advise its inspectors how to conduct a contemporaneous review. Each entity's standard procedures need not require a contemporaneous review for each and every inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-115-109 and 12-115-115 at any time. Each entity's procedures must also include provisions that allow for inspectors to conduct occasional, random, on-site inspections while actual electrical work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the entity. Each entity, including the state, shall post its current procedures regarding contemporaneous reviews in a prominent location on its public website. Each entity shall provide a website link to or an electronic copy of its procedures to the board, and the board shall post all of the procedures on a single location on the department's website. (c) An inspector may file a complaint with the board for any violation of this article 115. (d) The board shall ensure compliance with this section. If the board determines, as a result of a complaint, that an entity other than the state is conducting electrical inspections that do not comply with this section, the board may issue to that entity an order to show cause, in accordance with sections 12-20-405 and 12-115-122 (6), as to why the board should not issue a final order directing that entity to cease and desist conducting electrical inspections until that entity comes into compliance to the satisfaction of the board. If the use of state electrical inspectors is required after the issuance of a final cease-and-desist order pursuant to this subsection (10)(d), that entity shall reimburse the board for any expenses incurred in performing that entity's inspections, in addition to transmitting the required permit fees. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 860, § 1, effective October 1; (10) amended, (SB 19-156), ch. 346, p. 3206, § 16, effective October 1. Editor's note: (1) This section is similar to former § 12-23-116 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-121. Inspection fees. (1) As established pursuant to section 12-20-105, inspection fees shall be charged by the board and shall be set and categorized based upon the actual expense of inspecting each type of electrical installation. Colorado Revised Statutes 2019 Page 236 of 890 Uncertified Printout (2) (a) The maximum fee, established annually, chargeable for electrical inspections by any city, town, county, city and county, or qualified state institution of higher education shall not be more than one hundred twenty dollars, as adjusted annually, starting January 1, 2021, based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index. Additionally, a local government described in this subsection (2) or a qualified state institution of higher education may adjust the fee by imposing an additional tiered charge based on size or valuation of the improvement and a multiplier of eight percent of the fee. Neither a local government described in this subsection (2) nor a qualified state institution of higher education shall impose or collect any other fee or charge related to electrical inspections or permits. (b) A qualified state institution of higher education may choose not to require fees as part of the permitting process. A documented permitting and inspection system must be instituted by each qualified state institution of higher education as a tracking system that is available to the board for the purpose of investigating any alleged violation of this article 115. The permitting and inspection system must include information specifying the project, the name of the inspector, the date of the inspection, the job-site address, the scope of the project, the type of the inspection, the result of the inspection, the reason and applicable code sections for partially passed or failed inspections, and the names of the contractors on the project who are subject to inspection. (3) If an application is not filed in advance of the commencement of an installation, the inspection fee shall be twice the amount of the inspection fee set by the board pursuant to subsection (1) of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 863, § 1, effective October 1; (2) amended, (HB 19-1035), ch. 93, p. 341, § 2, effective October 1. Editor's note: (1) This section is similar to former § 12-23-117 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1035. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1035, chapter 93, Session Laws of Colorado 2019. (3) Section 3 of chapter 93 (HB 19-1035), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-122. Violations - citations - settlement agreements - hearings - fines - rules. (1) The board may take disciplinary or other action as authorized by section 12-20-404 in regard to any license or registration issued or applied for under the provisions of this article 115 or may issue a citation to a licensee, registrant, or applicant for licensure for any of the following reasons: (a) Violation of or aiding or abetting in the violation of any of the provisions of this article 115 or an applicable provision of article 20 of this title 12; Colorado Revised Statutes 2019 Page 237 of 890 Uncertified Printout (b) Violation of the rules or orders promulgated by the board in conformity with the provisions of this article 115 or aiding or abetting in the violation; (c) Failure or refusal to remove within a reasonable time the cause of the disapproval of any electrical installation as reported on the notice of disapproval, but a reasonable time shall include time for appeal to and a hearing before the board; (d) Failure or refusal to maintain or adhere to the minimum standards set forth in rules adopted by the board pursuant to section 12-115-107 (2)(a); (e) Any cause for which the issuance of the license could have been refused had it then existed and been known to the board; (f) Commitment of one or more acts or omissions that do not meet generally accepted standards of electrical practice; (g) Conviction of or acceptance of a plea of guilty or nolo contendere by a court to a felony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101. (h) Advertising by any licensee or registrant that is false or misleading; (i) Deception, misrepresentation, or fraud in obtaining or attempting to obtain a license; (j) Failure of a master electrician who is charged with supervising all electrical work performed by a contractor pursuant to section 12-115-110 (5)(c) to adequately supervise the work or failure of any licensee to adequately directly supervise an apprentice who is working at the trade pursuant to section 12-115-115; (k) Employment of any person required by this article 115 to be licensed or registered or to obtain a permit who has not obtained the license, registration, or permit; (l) Disciplinary action against an electrician's license or registration in another jurisdiction. Evidence of the disciplinary action shall be prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state. (m) Providing false information to the board during an investigation with the intent to deceive or mislead the board; (n) Practicing as a residential wireman, journeyman, master, contractor, or apprentice during a period when the licensee's license or the registrant's registration has been suspended or revoked; (o) Selling or fraudulently obtaining or furnishing a license to practice as a residential wireman, journeyman, or master or aiding or abetting therein; (p) In conjunction with any construction or building project requiring the services of any person regulated by this article 115, willfully disregarding or violating: (I) Any building or construction law of this state or any of its political subdivisions; (II) Any safety or labor law; (III) Any health law; (IV) Any workers' compensation insurance law; (V) Any state or federal law governing withholdings from employee income, including but not limited to income taxes, unemployment taxes, or social security taxes; or (VI) Any reporting, notification, or filing law of this state or the federal government. (2) (a) If, pursuant to an inspection or investigation by a state electrical inspector, the board concludes that any licensee, registrant, or applicant for licensure has violated any provision of subsection (1) of this section and that disciplinary action is appropriate, the program Colorado Revised Statutes 2019 Page 238 of 890 Uncertified Printout director or the program director's designee may issue a citation in accordance with subsection (4) of this section to the licensee, registrant, or applicant. (b) (I) The licensee, registrant, or applicant to whom a citation has been issued may make a request to negotiate a stipulated settlement agreement with the program director or the program director's designee, if the request is made in writing within ten working days after issuance of the citation that is the subject of the settlement agreement. (II) All stipulated settlement agreements shall be conducted pursuant to rules adopted by the board pursuant to section 12-115-107 (2)(a). The board shall adopt a rule to allow any licensee, registrant, or applicant unable, in good faith, to settle with the program director to request an administrative hearing pursuant to subsection (2)(c) of this section. (c) (I) The licensee, registrant, or applicant to whom a citation has been issued may request an administrative hearing to determine the propriety of the citation if the request is made in writing within ten working days after issuance of the citation that is the subject of the hearing or within a reasonable period after negotiations for a stipulated settlement agreement pursuant to subsection (2)(b) of this section have been deemed futile by the program director. (II) For good cause the board may extend the period of time in which a person who has been cited may request a hearing. (III) All hearings conducted pursuant to subsection (2)(c)(I) of this section shall be conducted in compliance with section 24-4-105. (d) Any action taken by the board pursuant to this section shall be deemed final after the period of time extended to the licensee, registrant, or applicant to contest the action pursuant to this subsection (2) has expired. (3) (a) The board shall adopt a schedule of fines pursuant to subsection (3)(b) of this section as penalties for violating subsection (1) of this section. The fines shall be assessed in conjunction with the issuance of a citation, pursuant to a stipulated settlement agreement, or following an administrative hearing. The schedule shall be adopted by rule in accordance with section 12-115-107 (2)(a). (b) In developing the schedule of fines, the board shall: (I) Provide that a first offense may carry a fine of up to one thousand dollars; (II) Provide that a second offense may carry a fine of up to two thousand dollars; (III) Provide that any subsequent offense may carry a fine of up to two thousand dollars for each day that subsection (1) of this section is violated; (IV) Consider how the violation impacts the public, including any health and safety considerations; (V) Consider whether to provide for a range of fines for any particular violation or type of violation; and (VI) Provide uniformity in the fine schedule. (4) (a) (I) Any citation issued pursuant to this section shall be in writing, shall adequately describe the nature of the violation, and shall reference the statutory or regulatory provision or order alleged to have been violated. (II) Any citation issued pursuant to this section shall clearly state whether a fine is imposed, the amount of the fine, and that payment for such fine must be remitted within the time specified in the citation if such citation is not contested pursuant to subsection (2) of this section. (III) Any citation issued pursuant to this section shall clearly set forth how the citation may be contested pursuant to subsection (2) of this section, including any time limitations. Colorado Revised Statutes 2019 Page 239 of 890 Uncertified Printout (b) A citation or copy of a citation issued pursuant to this section may be served by certified mail or in person by a state electrical inspector or the program director's designee upon a person or the person's agent in accordance with rule 4 of the Colorado rules of civil procedure. (c) If the recipient fails to give written notice to the board that the recipient intends to contest the citation or to negotiate a stipulated settlement agreement within ten working days after service of a citation by the board, the citation shall be deemed a final order of the board. (d) (I) The board may take disciplinary action as specified in section 12-20-404 (1)(b) or (1)(d) if the licensee or registrant fails to comply with the requirements set forth in a citation deemed final pursuant to subsection (4)(c) of this section. (II) Upon completing an investigation, the board shall make one of the following findings: (A) The complaint is without merit and no further action need be taken. (B) There is no reasonable cause to warrant further action. (C) The investigation discloses an instance of conduct that does not warrant formal action and should be dismissed, but the investigation also discloses indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the board shall send a confidential letter of concern to the licensee or registrant in accordance with section 12-20-404 (5). (D) The investigation discloses an instance of conduct that does not warrant formal action but should not be dismissed as being without merit. If this finding is made, the board may send a letter of admonition to the licensee or registrant by certified mail in accordance with section 12-20-404 (4). (E) The investigation discloses facts that warrant further proceedings by formal complaint. If this finding is made, the board shall refer the complaint to the attorney general for preparation and filing of a formal complaint. (III) The board shall conduct all proceedings pursuant to this subsection (4) expeditiously and informally so that no licensee or registrant is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint. (e) The failure of an applicant for licensure to comply with a citation deemed final pursuant to subsection (4)(c) of this section is grounds for denial of a license. (f) No citation may be issued under this section unless the citation is issued within the six-month period following the occurrence of the violation. (5) (a) Any fine collected pursuant to this section shall be transmitted to the state treasurer, who shall credit one-half of the amount of the fine to the general fund, and one-half of the amount of the fine shall be shared with the appropriate city, town, county, or city and county, which amounts shall be transmitted to the entity on an annual basis. (b) Any fine assessed in a citation or an administrative hearing or any amount due pursuant to a stipulated settlement agreement that is not paid may be collected by the program director through a collection agency or in an action in the district court of the county in which the person against whom the fine is imposed resides or in the county in which the office of the program director is located. (c) The attorney general shall provide legal assistance and advice to the program director in any action to collect an unpaid fine. Colorado Revised Statutes 2019 Page 240 of 890 Uncertified Printout (d) In any action brought to enforce this subsection (5), reasonable attorney fees and costs shall be awarded. (6) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 863, § 1, effective October 1; (1)(j) amended, (SB 19-156), ch. 346, p. 3207, § 17, effective October 1. Editor's note: (1) This section is similar to former § 12-23-118 as it existed prior to 2019. (2) (a) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019. (b) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing the superseded provisions applies to conduct occurring on or after July 1, 2019. (3) Section 18 of chapter 346 (SB 19-156), Session Laws of Colorado 2019, provides that the act changing this section: (a) Applies to conduct occurring on or after October 1, 2019; and (b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-115-123. Unauthorized practice - penalties. Any person who practices or offers or attempts to practice the profession of an electrician without an active license issued under this article 115 is subject to penalties pursuant to section 12-20-407 (1)(a). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 870, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-119 (2) as it existed prior to 2019. 12-115-124. Judicial review. Section 12-20-408 governs judicial review of all final actions and orders of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 870, § 1, effective October 1. Editor's note: This section is similar to former § 12-23-120 as it existed prior to 2019. ARTICLE 120 Engineers, Surveyors, and Architects Colorado Revised Statutes 2019 Page 241 of 890 Uncertified Printout Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 120 was numbered as article 25 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. Cross references: For the responsibilities of engineers and architects concerning the obtaining of underground facilities information prior to excavation, see § 9-1.5-103; for the statute of limitations for actions against engineers and architects, see § 13-80-104; for the statute of limitations for actions against land surveyors, see § 13-80-105; for provisions regarding geology and the definition of "professional geologist", see part 2 of article 41 of title 23; for surveys and boundaries, see articles 50 to 53 of title 38; for public policy concerning accurate land boundaries and public records relating thereto, see § 38-53-101. PART 1 GENERAL PROVISIONS 12-120-101. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 120. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 870, § 1, effective October 1. 12-120-102. Definitions. As used in this article 120, unless the context otherwise requires: (1) "Board" means the state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-120-103. (2) "Surveyor quorum of the board" means not less than the three professional land surveyor members of the board and one of the nonengineering, non-land surveyor members of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 870, § 1, effective October 1. Editor's note: Subsection (1) is similar to former §§ 12-25-102 (1), 12-25-202 (1.5), and 12-25-302 (2); and subsection (2) is similar to former § 12-25-202 (12), as those sections existed prior to 2019. 12-120-103. State board of licensure for architects, professional engineers, and professional land surveyors - creation - composition - appointment of members - terms meetings - program director and staff - subject to review - repeal of article. (1) Board creation. A state board of licensure for architects, professional engineers, and professional land surveyors is hereby created, the duty of which shall be to administer the provisions of this article 120, including the duties and powers specified in section 12-120-104. Colorado Revised Statutes 2019 Page 242 of 890 Uncertified Printout (2) Sunset. This article 120 is repealed, effective September 1, 2024. Before the repeal, this article 120 is scheduled for review in accordance with section 24-34-104. (3) Board composition. The board shall consist of thirteen members. Four members shall be professional engineers, with no more than two of the four engaged in the same discipline of engineering service or practice; three members shall be practicing professional land surveyors; three members shall be practicing licensed architects; and three members shall be citizens of the United States and residents of this state for at least one year who have not practiced architecture, engineering, or land surveying. (4) (a) Professional engineer members. Each professional engineer member of the board shall be a citizen of the United States and a resident of this state for at least one year and shall have been licensed as a professional engineer and practicing as such for at least five years. (b) Professional land surveyor members. (I) A professional land surveyor who is a member of the board shall be a citizen of the United States and a resident of Colorado for at least one year. (II) A professional land surveyor who is designated as a land surveyor member of the board shall have been licensed as a land surveyor for at least five years. (III) Notwithstanding subsection (6) of this section, the board shall have a surveyor quorum of the board. The surveyor quorum shall advise the board concerning issues relating to land surveyors. The surveyor quorum of the board shall elect or appoint annually a chair, a vicechair, and a secretary. (c) Architect members. To be eligible for membership on the board, an architect shall be: (I) A United States citizen and a resident of Colorado for at least one year; and (II) A licensed architect in the state of Colorado and have practiced architecture for at least three years prior to the appointment. (5) Governor appointments. (a) Appointments to the board shall be made by the governor and shall be made to provide for staggering of terms of members so that not more than three members' terms expire each year. Thereafter appointments shall be for terms of four years. Each board member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed and qualified. Appointees shall be limited to two full terms. The governor may remove any member of the board for misconduct, incompetence, or neglect of duty. (b) Appointments of professional land surveyor members. (I) The governor, in making appointments of professional land surveyors to the board, shall endeavor to select the highest qualified members of the profession willing to serve on the board. Staggered appointments shall be made so that not more than one professional land surveyor member's term expires in any one year, and thereafter appointments shall be for terms of four years each. (II) In the event of a professional land surveyor vacancy on the board due to resignation, death, or any cause resulting in an unexpired term, the governor shall fill the vacancy promptly to allow the surveyor quorum of the board to function. (c) Appointments of architect members. (I) The governor, in making appointments of architects to the board, shall endeavor to select the most highly qualified members of the profession willing to serve on the board. Staggered appointments shall be made so that not more than one member's term expires in any one year, and thereafter appointments shall be for terms of four years each. Colorado Revised Statutes 2019 Page 243 of 890 Uncertified Printout (II) In the event of an architecture vacancy on the board due to resignation, death, or any cause resulting in an unexpired term, the governor shall fill such vacancy promptly. (d) Certificate of appointment. Each appointee shall receive a certificate of appointment from the governor. (6) The board shall hold at least six regular meetings each year. Special meetings shall be held at such times as the bylaws of the board may provide. The board shall elect annually a chair, a vice-chair, and a secretary. A quorum of the board shall consist of not less than seven members. (7) The director of the division shall appoint a program director for the board and such other personnel as are deemed necessary for the board to perform its statutory duties, pursuant to section 13 of article XII of the state constitution. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 870, § 1, effective October 1. Editor's note: Subsection (1) is similar to former § 12-25-106 (1); subsection (2) is similar to former § 12-25-106 (2); subsection (3) is similar to former § 12-25-106 (3); subsection (4)(a) is similar to former § 12-25-106 (4); subsection (4)(b)(I) is similar to former § 12-25-206 (1); subsection (4)(b)(II) is similar to former § 12-25-206 (2); subsection (4)(b)(III) is similar to former § 12-25-206 (3); subsection (4)(c) is similar to former § 12-25-306 (1); subsection (5)(a) is similar to former § 12-25-106 (5); subsection (5)(b)(I) is similar to former § 12-25-206 (4); subsection (5)(b)(II) is similar to former § 12-25-206 (5); subsection (5)(c)(I) is similar to former § 12-25-306 (2); subsection (5)(c)(II) is similar to former § 12-25-306 (3); subsection (5)(d) is similar to former § 12-25-106 (6); subsection (6) is similar to former § 12-25-107 (1)(i); and subsection (7) is similar to former § 12-25-106 (7), as those sections existed prior to 2019. 12-120-104. Powers and duties of the board and division. (1) General powers and duties. In order to carry into effect the provisions of this article 120, the board shall: (a) Adopt rules pursuant to section 12-20-204; (b) In addition to rules adopted pursuant to section 12-20-204, adopt: (I) Rules for disciplining licensed architects; and (II) Rules of professional conduct for professional engineers, professional land surveyors, and architects under the provisions of section 24-4-103. The rules of professional conduct for professional engineers shall be published, and such publication shall constitute due notice to all professional engineers. (c) Keep a record of its proceedings and of all applications for licensing under this article 120. The application record for each applicant shall include: (I) Name, age, and residence of the applicant; (II) Date of application; (III) Place of business of the applicant; (IV) Education of the applicant; (V) (A) For an applicant for an engineering license, the applicant's engineering experience; (B) For an applicant for a land surveyor license, the applicant's surveying and other applicable experience; Colorado Revised Statutes 2019 Page 244 of 890 Uncertified Printout (C) For an applicant for an architect license, the applicant's architecture and other applicable experience; (VI) For land surveyor and architect applicants, the type of examination required; (VII) Date and type of action taken by the board; and (VIII) Such other information as may be deemed necessary by the board. (d) Make available through printed or electronic means the following: (I) Statutes administered by the board for each of the professions regulated under this article 120; (II) A list of the names and addresses of record of all currently licensed professional engineers, professional land surveyors, and architects; (III) Rules of the board; (IV) Such other pertinent information as the board deems necessary; and (V) The rules of professional conduct adopted pursuant to subsection (1)(b)(II) of this section; and (e) Adopt and have an official seal. (2) Board powers and duties regarding professional engineers. For purposes of administering part 2 of this article 120 pertaining to the regulation of professional engineers, the board shall: (a) Provide information to the public regarding the requirements for compliance with part 2 of this article 120; (b) Provide for examinations of professional engineer license applicants in the "fundamentals of engineering" and the "principles and practice of engineering". Examinations shall be given as often as practicable. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency. An applicant who fails to pass the prescribed examination may be reexamined. (c) Participate in the affairs of the National Council of Examiners for Engineering and Surveying and send a minimum of one delegate to the national meeting annually. (3) Board powers and duties regarding professional land surveyors. For purposes of administering part 3 of this article 120 pertaining to the regulation of professional land surveyors, the board shall: (a) Require each applicant for professional land surveyor licensing to demonstrate competence by means of examination and education and may require work examples as it deems necessary and sufficient for licensing; and (b) Provide for and administer examinations to applicants for professional land surveyor licensing to be given as often as practicable. Examinations must be identified only by numbers and anonymously graded. After reviewing and approving the examination results, the board shall record and communicate each examinee's examination results to the examinee. The board shall ensure that the passing score on surveying examinations is set to measure the level of minimum competency. The board shall publish and make available to interested applicants a list of the subjects included in the surveying examinations that are developed by the board, which subjects must be consistent with and related to the various aspects of surveying. (4) Board powers and duties regarding architects. For purposes of administering part 4 of this article 120 pertaining to the regulation of architects, the board is authorized to: (a) Examine and license duly qualified applicants for architect licensure, and renew the licenses of duly qualified architects; Colorado Revised Statutes 2019 Page 245 of 890 Uncertified Printout (b) Conduct hearings upon complaints concerning the conduct of architects; (c) Cause the prosecution of all persons violating part 4 of this article 120 by the district attorney or by the attorney general pursuant to section 12-20-405 (4); and (d) Require every licensed architect to have a stamp as prescribed by the board. (5) Division to employ investigators. The division may employ at least one investigator qualified to investigate complaints relative to the provisions of part 2 of this article 120 and at least one investigator to investigate complaints relative to the provisions of part 3 of this article 120. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 872, § 1, effective October 1. Editor's note: This section is similar to former §§ 12-25-107, 12-25-207, and 12-25-307 as they existed prior to 2019; except that § 12-25-107 (1)(i) was relocated to § 12-120-103 (6). 12-120-105. Prior actions. (1) The board shall take over, assume, and continue all actions and requirements regarding engineers from its predecessor, the state board of registration for professional engineers and land surveyors. There shall be no legal discontinuity, and previously licensed engineers and land surveyors shall continue their licensure as professional engineers, professional land surveyors, and architects, respectively. (2) The name change from the state board of licensure for professional engineers and professional land surveyors to the state board of licensure for architects, professional engineers, and professional land surveyors shall not be construed to change the entity. There shall be no legal discontinuity, and previously licensed engineers and land surveyors shall continue their licensure as professional engineers or land surveyors, as applicable, and any obligations of the board or of persons to the board shall not be affected by the name change. (3) Any person holding a valid license to practice architecture in Colorado before July 1, 2006, shall be licensed under part 4 of this article 120. All official actions of the state board of examiners of architects made or taken before July 1, 2006, are expressly ratified. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 875, § 1, effective October 1. Editor's note: Subsection (1) is similar to former §§ 12-25-119 (1) and 12-25-219 (1); subsection (2) is similar to former §§ 12-25-119 (2) and 12-25-219 (2); and subsection (3) is similar to former § 12-25-319, as those sections existed prior to 2019. PART 2 ENGINEERS 12-120-201. General provisions. In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering is declared to be subject to regulation in the public interest. It shall be deemed that the right to engage in the practice of engineering is a privilege granted by the state through the state board of licensure for architects, professional Colorado Revised Statutes 2019 Page 246 of 890 Uncertified Printout engineers, and professional land surveyors, created in section 12-120-103; that the profession involves personal skill and presupposes a period of intensive preparation, internship, due examination, and admission; and that a professional engineer's license is solely the professional engineer's own and is nontransferable. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 876, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-101 as it existed prior to 2019. 12-120-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Certificate" means the media issued by the board to evidence licensing of a professional engineer. (2) "Engineer" means a person who, by reason of intensive preparation in the use of mathematics, chemistry, physics, and engineering sciences, including the principles and methods of engineering analysis and design, is qualified to perform engineering work as defined in this part 2. (3) "Engineering" means analysis or design work requiring intensive preparation and experience in the use of mathematics, chemistry, and physics and the engineering sciences. (4) "Engineering experience", in addition to the practice of engineering, may include: (a) Up to four years of undergraduate engineering study, as approved by the board, in mathematics, basic science, engineering science, engineering design, and engineering practice; (b) Up to two years of graduate engineering study as approved by the board if the study results in the award of an advanced degree; (c) Teaching at the instructor level, or at a higher level, of courses in engineering science, design, or engineering practice at a college or university offering an engineering curriculum of four or more years that is approved by the board or at a college offering courses transferable to a board-approved college. This experience must result from a full-time position in teaching or teaching and research. (d) Engineering research, including that performed by a teacher at the instructor level or at a higher level. The research done by the teacher must be part of the teacher's assigned duties in a full-time position in teaching and research. (5) "Engineer-intern" means a person who has complied with the requirements of sections 12-120-210 and 12-120-211 and is duly enrolled as an "engineer-intern". (6) (a) "Practice of engineering" means the performance for others of any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical and engineering sciences to such professional services or creative work, including consultation, investigation, evaluation, planning, design, and the observation of construction to evaluate compliance with plans and specifications in connection with the utilization of the forces, energies, and materials of nature in the development, production, and functioning of engineering processes, apparatus, machines, equipment, facilities, structures, buildings, works, or utilities, or any combination or aggregations thereof, employed in or devoted to public or private enterprise or uses. (b) An individual practices or offers to practice "professional engineering" within the meaning and intent of this section if the individual, by oral claim, sign, advertisement, letterhead, Colorado Revised Statutes 2019 Page 247 of 890 Uncertified Printout card, or in any other way, represents himself or herself to be a professional engineer, through the use of any other means implies that the individual is licensed under this part 2, or performs engineering services. (7) "Professional engineer" means an engineer duly licensed pursuant to this part 2. (8) "Responsible charge" means personal responsibility for the control and direction of engineering work within a professional engineer's scope of competence. Experience may only be classified as "responsible charge" if the engineer is licensed pursuant to this part 2, unless the work involves an activity exempted pursuant to section 12-120-203. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 876, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-102 as it existed prior to 2019; except that § 12-25-102 (1) was relocated to § 12-120-102 (1). 12-120-203. Exemptions. (1) This part 2 does not affect any of the following: (a) Individuals who normally operate and maintain machinery or equipment; (b) Individuals who perform engineering services for themselves; (c) Partnerships, professional associations, joint stock companies, limited liability companies, or corporations, or the employees of any such organizations, who perform engineering services for themselves or their affiliates; (d) Individuals who perform engineering services under the responsible charge of a professional engineer; (e) Work of a strictly agricultural nature that is not required to be of public record; (f) Professional land surveying as defined in section 12-120-302 (5); (g) Individuals who are employed by and perform engineering services solely for a county, city and county, or municipality; (h) Individuals who are employed by and perform engineering services solely for the federal government; (i) Individuals who practice architecture as defined in section 12-120-402 (5); (j) Utilities or their employees or contractors when performing services for another utility during times of natural disasters or emergency situations; or (k) Individuals who practice landscape architecture as defined in section 12-130-104 (6). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 877, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-103 as it existed prior to 2019. 12-120-204. Forms of organizations permitted to practice. A partnership, corporation, limited liability company, joint stock association, or other entity is not eligible for licensure under this part 2. An entity may practice or offer to practice engineering in Colorado only if the individual in responsible charge of the entity's engineering activities performed in Colorado is a professional engineer licensed in Colorado. All engineering documents, plats, and reports issued by or for the entity in connection with engineering work performed in this state must bear the Colorado Revised Statutes 2019 Page 248 of 890 Uncertified Printout seal and signature of the Colorado-licensed professional engineer who is in responsible charge of and directly responsible for the engineering work. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 878, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-104 as it existed prior to 2019. 12-120-205. Unlawful practice - penalties - enforcement. (1) It is unlawful for any individual to hold himself or herself out to the public as a professional engineer unless the individual has complied with the provisions contained in this part 2. (2) It is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to practice, or offer to practice, engineering in this state unless the individual in responsible charge has complied with the provisions of this part 2. (3) Unless licensed or exempted pursuant to this part 2, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use any of the following titles: Civil engineer, structural engineer, chemical engineer, petroleum engineer, mining engineer, mechanical engineer, or electrical engineer. In addition, unless licensed pursuant to this part 2, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use the words "engineer", "engineered", or "engineering" in any offer to the public to perform the services set forth in section 12-120-202 (6). Nothing in this subsection (3) shall prohibit the general use of the words "engineer", "engineered", and "engineering" so long as such words are not being used in an offer to the public to perform the services set forth in section 12-120-202 (6). (4) It is unlawful for any individual to use in any manner a certificate or certificate number that has not been issued to the individual by the board. (5) The practice of professional engineering in violation of any of the provisions of this part 2 shall be either: (a) Restrained by injunction in an action brought by the attorney general or by the district attorney in accordance with section 12-20-406; or (b) Ceased by order of the board pursuant to section 12-20-405. (6) Any person who practices or offers or attempts to practice professional engineering without an active license issued under this part 2 is subject to penalties pursuant to section 1220-407 (1)(a). (7) After finding that an individual, partnership, professional association, joint stock company, limited liability company, or corporation has unlawfully engaged in the practice of engineering, the board may jointly and severally assess a fine against the unlawfully engaged party in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board. (8) An individual practicing professional engineering who is not licensed or exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full. Colorado Revised Statutes 2019 Page 249 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 878, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-105 as it existed prior to 2019. 12-120-206. Disciplinary actions - grounds for discipline. (1) The board may take disciplinary or other action as authorized by section 12-20-404 against, or limit the scope of practice of, any professional engineer or engineer-intern for: (a) Engaging in fraud, misrepresentation, or deceit in obtaining or attempting to obtain a license or enrollment; (b) Failing to meet the generally accepted standards of engineering practice whether through act or omission; (c) A felony that is related to the ability to practice engineering; except that the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea for the purposes of any hearing under this part 2. A plea of nolo contendere, or its equivalent, accepted by the court shall be considered as a conviction. (d) Violating, or aiding or abetting in the violation of, the provisions of this part 2 or an applicable provision of article 20 of this title 12, any rule adopted by the board in conformance with the provisions of part 1 of this article 120 or this part 2, or any order of the board issued in conformance with the provisions of this part 2; (e) Using false, deceptive, or misleading advertising; (f) Performing services beyond one's competency, training, or education; (g) Failing to report to the board any professional engineer known to have violated any provision of this part 2 or any board order or rule; (h) Habitual or excessive use or abuse of alcohol, controlled substances, or any habitforming drug; (i) Using any schedule I controlled substance, as set forth in section 18-18-203; (j) Failing to report to the board any malpractice claim against the professional engineer or any partnership, corporation, limited liability company, or joint stock association of which the professional engineer is a member, that is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned engineering services performed or supervised by the engineer; (k) Failing to pay any fine assessed pursuant to this part 2; (l) Violating any law or regulation governing the practice of engineering in another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by the board of another state or jurisdiction may be considered to be the same as a finding of guilty for purposes of any hearing under this part 2. (m) Using in any manner an expired, suspended, or revoked license, certificate, or seal, practicing or offering to practice when not qualified, or falsely claiming that the individual is licensed. (2) The board may issue and send a letter of admonition by first-class mail to a professional engineer or engineer-intern at his or her last-known address under the circumstances specified in and in accordance with section 12-20-404 (4). Colorado Revised Statutes 2019 Page 250 of 890 Uncertified Printout (3) In addition to any other penalty that may be imposed pursuant to this article 120, the board may fine any professional engineer violating any provision of this article 120 or any rule promulgated pursuant to this article 120 or section 12-20-204 not less than fifty dollars and not more than five thousand dollars for each violation proven by the board. (4) The board may issue a letter of concern to a professional engineer or an engineerintern based on any of the grounds specified in subsection (1) of this section without conducting a hearing as specified in section 12-120-207 when an instance of potentially unsatisfactory conduct comes to the board's attention but, in the board's judgment, does not warrant formal action by the board. Letters of concern shall be confidential and shall not be disclosed to members of the public or in any court action unless the board is a party. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 879, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-108 as it existed prior to 2019. 12-120-207. Disciplinary proceedings - injunctive relief procedure. (1) Section 1220-403 applies to investigations and hearings under this section. (2) The board upon its own motion may, and upon the receipt of a signed complaint in writing from any person shall, investigate the activities of any professional engineer, engineerintern, or other person who presents grounds for disciplinary action as specified in this part 2. (3) All charges, unless dismissed by the board, shall be referred to an administrative hearing by the board within five years after the date on which they were filed. (4) (a) The board is authorized to apply for injunctive relief in accordance with section 12-20-406 to enforce the provisions of this part 2 or to restrain any violation thereof. (b) If the board has reason to believe that any individual has engaged in, or is engaging in, any act or practice that constitutes a violation of any provision of this part 2, the board may initiate proceedings to determine if a violation has occurred. (c) In any action brought pursuant to this subsection (4), evidence of the commission of a single act prohibited by this article 120 shall be sufficient to justify the issuance of an injunction or a cease-and-desist order. (5) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. (6) Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review. (7) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 881, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-109 as it existed prior to 2019. 12-120-208. Reconsideration and review of board action. The board, on its own motion or upon application, at any time after the imposition of any discipline as provided in Colorado Revised Statutes 2019 Page 251 of 890 Uncertified Printout section 12-120-207, may reconsider its prior action and reinstate or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any such further action, or the holding of a hearing with respect thereto, shall rest in the sole discretion of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 884, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-109.5 as it existed prior to 2019. 12-120-209. Application for license. (1) The board shall prescribe and furnish the means by which a person may apply for licensure. All applications must be made under oath and accompanied by the appropriate fee. Each application must contain a statement indicating whether the applicant has ever been convicted of a felony in this or any other state, or has ever had a license to practice engineering revoked or suspended in this or any other state. Applications that are not complete are defective and may not be accepted by the board. The board shall take no action on defective applications, except to give notice to the applicant of defects. The board shall retain all fees submitted with applications, whether or not the applications are acted upon. (2) No new application shall be required of any individual requiring reexamination by the board, and the individual shall be notified when the next examination will be held. (3) When considering applications, personal interviews may be required by the board only if the application fails to demonstrate that the applicant possesses the minimum qualifications necessary to qualify to take the written examination. (4) Whenever the board is reviewing or considering the conviction of a crime, it shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 885, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-110 as it existed prior to 2019. 12-120-210. Eligibility for engineer-intern. To be eligible for enrollment as an engineer-intern, an applicant shall provide documentation of the applicant's technical competence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 885, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-111 as it existed prior to 2019. 12-120-211. Qualifications for engineer-interns. (1) (a) An applicant may qualify for enrollment as an engineer-intern by endorsement if the applicant is enrolled in good standing in another jurisdiction requiring qualifications substantially equivalent to those currently required Colorado Revised Statutes 2019 Page 252 of 890 Uncertified Printout of applicants under this part 2 or if, at the time of initial enrollment in the other jurisdiction, the applicant met the requirements for enrollment then in existence under Colorado law. (b) Upon completion of the application and approval by the board, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120210. (2) (a) An applicant may qualify for enrollment as an engineer-intern by graduation and examination if the applicant passes the fundamentals of engineering examination. (b) In order to be admitted to the examination pursuant to subsection (2)(a) of this section, the applicant must: (I) Have graduated from a board-approved engineering or engineering technology curriculum of four or more years; or (II) Have senior status in a board-approved engineering or engineering technology curriculum of four or more years. (c) Upon passing the examination and the submission of official transcripts verifying graduation or impending graduation, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210. (3) (a) An applicant may qualify for enrollment as an engineer-intern by graduation, experience, and examination if the applicant passes the fundamentals of engineering examination and possesses a total of six years of progressive engineering experience, of which educational study may be a part. (b) In order to be admitted to the examination pursuant to subsection (3)(a) of this section, the applicant must: (I) Have graduated from an engineering curriculum of four or more years not approved by the board or from a related science curriculum of four or more years; and (II) Have four years of progressive engineering experience, of which educational study may be a part. (c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210. (4) (a) An applicant may qualify for enrollment as an engineer-intern by experience and examination if the applicant passes the fundamentals of engineering examination. (b) In order to be admitted to the examination pursuant to subsection (4)(a) of this section, the applicant must: (I) Have graduated from high school or its equivalent; and (II) Have six years of progressive engineering experience, of which educational study may be a part. (c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 885, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-112 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 253 of 890 Uncertified Printout 12-120-212. Eligibility for professional engineer. To be eligible for licensing as a professional engineer, an applicant shall provide documentation of the applicant's technical competence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 886, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-113 as it existed prior to 2019. 12-120-213. Qualifications for professional engineer. (1) (a) An applicant may qualify for licensing as a professional engineer by endorsement if the applicant is licensed in good standing in another jurisdiction requiring qualifications substantially equivalent to those currently required of applicants under this part 2 or if, at the time of initial licensure in the other jurisdiction, the applicant met the requirements for licensure then in existence under Colorado law. (b) Upon completion of the application and approval by the board, the applicant shall be licensed as a professional engineer if the applicant is otherwise qualified pursuant to section 12120-212. (2) (a) An applicant may qualify for licensing as a professional engineer by graduation, experience, and examination if the applicant passes the principles and practice of engineering examination. (b) In order to be admitted to the examination pursuant to subsection (2)(a) of this section, the applicant must: (I) (A) Have graduated from a board-approved engineering curriculum of four or more years; and (B) Have eight years of progressive engineering experience, of which educational study may be a part; and (C) Have been enrolled as an engineer-intern in this state; or (II) (A) Have graduated from a board-approved engineering technology curriculum of four or more years; and (B) Have ten years of progressive engineering experience, of which educational study may be a part; and (C) Have been enrolled as an engineer-intern in this state; or (III) (A) Have graduated from an engineering curriculum of four or more years not approved by the board or from a related science curriculum of four or more years; and (B) Have ten years of progressive engineering experience, of which educational study may be a part; and (C) Have been enrolled as an engineer-intern in this state; or (IV) (A) Have graduated from an engineering curriculum of four or more years or from a related science curriculum of four or more years; and (B) Have twenty years of progressive engineering experience, of which educational study may be a part. (c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be licensed as a professional engineer if the applicant is otherwise qualified pursuant to section 12-120-212. Colorado Revised Statutes 2019 Page 254 of 890 Uncertified Printout (3) (a) An applicant may qualify for licensing as a professional engineer by experience and examination if the applicant passes the principles and practice of engineering examination. (b) In order to be admitted to the examination pursuant to subsection (3)(a) of this section, the applicant must: (I) Have twelve years of progressive engineering experience, of which educational study may be a part; and (II) Have been enrolled as an engineer-intern in this state. (c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be licensed as a professional engineer if the applicant is otherwise qualified pursuant to section 12-120-212. (4) (a) A professional engineer who has been duly licensed to practice engineering in this state and who is over sixty-five years of age, upon application, may be classified as a retired professional engineer. Individuals who are so classified shall lose their licensure, shall not practice engineering, and shall pay a fee to retain retired professional engineer status. (b) (I) A retired professional engineer shall be reinstated to the status of a professional engineer upon payment of the renewal fee. No other fee shall be assessed against the retired professional engineer as a penalty. (II) For any professional engineer who has been retired for two or more years, the board may require reexamination unless the board is satisfied of the retired professional engineer's continued competence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 887, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-114 as it existed prior to 2019. 12-120-214. Licenses. (1) The board, upon acceptance of an applicant who has demonstrated competence in professional engineering and upon receipt of payment of the required fee, shall license and issue a unique license number to the applicant. (2) The board, upon acceptance of a qualified engineer-intern and upon receipt of payment of the required fee, shall enroll the applicant. (3) A license may be issued at any time and is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (4) Any person whose license has expired shall be subject to the penalties provided in this part 2 or section 12-20-202 (1). (5) A professional engineer shall give notice to the board, in writing, of any change of address within thirty days after the change. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 888, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-115 as it existed prior to 2019. 12-120-215. Fees - disposition. (1) Pursuant to section 12-20-105, the board shall charge and collect fees for the following: Colorado Revised Statutes 2019 Page 255 of 890 Uncertified Printout (a) With respect to professional engineers: (I) Renewal of a license; (II) Replacement of a physical certificate of licensure, if requested by the licensee; (III) Application for licensure by endorsement; (IV) Application for the principles and practice of engineering examination; (V) Issuance of a physical certificate of licensure, if requested by the licensee; (VI) Late renewal of a license; (VII) Reexamination for the principles and practice of engineering examination; (VIII) Reinstatement of an expired license; (IX) Listing as a retired professional engineer; (b) With respect to engineer-interns: (I) Application for the fundamentals of engineering examination; (II) Reexamination for the fundamentals of engineering examination; (III) Application for enrollment by endorsement. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 889, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-116 as it existed prior to 2019. 12-120-216. Professional engineer's seal - rules. (1) Upon receiving a license from the board, a professional engineer may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal of a design approved by the board. The seal must contain the licensed professional engineer's name and license number and the designation "Colorado licensed professional engineer". Colorado professional engineers licensed before July 1, 2004, may continue to use their prior existing seals. (2) A professional engineer shall use a seal and signature only when the work to which the seal is applied was prepared under the engineer's responsible charge. (3) The board shall adopt rules governing use of the seal and the retention, use, and distribution of sealed documents and copies thereof. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 890, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-117 as it existed prior to 2019. PART 3 LAND SURVEYORS 12-120-301. General provisions. In order to safeguard life, health, and property and to promote the public welfare, the practice of professional land surveying in Colorado is hereby declared to be subject to regulation. It shall be unlawful for any individual to practice professional land surveying in Colorado or to use in connection with the individual's name, or to otherwise assume, or to advertise any title or description tending to convey the impression that Colorado Revised Statutes 2019 Page 256 of 890 Uncertified Printout the individual is a professional land surveyor, unless the individual has been duly licensed or is exempted under the provisions of this part 3. The practice of professional land surveying shall be deemed a privilege granted by the state of Colorado based on the qualifications of the individual as evidenced by the individual's licensing. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 890, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-201 as it existed prior to 2019. 12-120-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Basic control for engineering projects" means survey markers set on or in the vicinity of a construction project to enable all components of the project to be built in compliance with plans and specifications with respect to the project location, orientation, elevation, and relationship to property, easement, or right-of-way boundaries. (2) "Certificate" means the media issued by the board to evidence licensing or enrollment. (3) "Geodetic surveying" means the performance of surveys in which measure or account is taken of the shape, size, and gravitational forces of the earth to determine or predetermine the horizontal or vertical positions of points, monuments, or stations for use in the practice of professional land surveying or for stating the geodetic position of control points, monuments, or stations by using a coordinate system or derivative thereof recognized by the national geodetic survey. (4) "Land surveyor-intern" means an individual enrolled by the board after demonstrating the individual's competency, as required by section 12-120-311. (5) (a) "Professional land surveying" means the application of special knowledge of principles of mathematics, methods of measurement, and law for the determination and preservation of land boundaries. "Professional land surveying" specifically includes: (I) Restoration and rehabilitation of corners and boundaries in the United States public land survey system; (II) Obtaining and evaluating boundary evidence; (III) Determination of the areas and elevations of land parcels; (IV) Subdivision of land parcels into smaller parcels and layout of alignment and grades for streets or roads to serve the smaller parcels; (V) Measuring and platting underground mine workings; (VI) Preparation of the boundary control portions of geographic information systems and land information systems except as allowed otherwise by section 38-51-109.3; (VII) Establishment, restoration, and rehabilitation of land survey monuments and bench marks; (VIII) Preparation of land survey plats, condominium plats, monument records, property descriptions that result from the practice of professional land surveying, and survey reports; (IX) Surveying, monumenting, and platting of easements and rights-of-way; (X) Geodetic surveying; (XI) Basic control for engineering projects; and Colorado Revised Statutes 2019 Page 257 of 890 Uncertified Printout (XII) Any other activities incidental to and necessary for the adequate performance of the services described in this subsection (5)(a). (b) An individual practices or offers to practice "professional land surveying" within the meaning and intent of this part 3 if the individual engages therein or, by oral claim, sign, letterhead, or card or in any other way holds himself or herself out to be a professional land surveyor or as being able to perform any professional land surveying service or if the individual performs any professional land surveying service or work. (c) Professional land surveying may include other types of surveying. (6) "Professional land surveyor" means an individual who practices professional land surveying and who is currently licensed with the board after demonstrating competency to practice, as required by section 12-120-313. (7) "Responsible charge" means personal responsibility for the control and direction of professional land surveying work. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 890, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-202 as it existed prior to 2019; except that § 12-25-202 (12) was relocated to § 12-120-102 (2). 12-120-303. Exemptions. (1) This part 3 shall not be construed to prevent or to affect: (a) The work of an employee or subordinate of a professional land surveyor if the work is performed under the responsible charge of the professional land surveyor; (b) The practice of employees of the federal government duly authorized under 43 U.S.C. sec. 772 and 43 CFR 9180.0-3, while engaged in the practice of surveying within the course of their federal employment in the state of Colorado; or (c) The rights of any other legally recognized profession. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 892, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-203 as it existed prior to 2019. 12-120-304. Forms of organizations permitted to practice. (1) A partnership, corporation, limited liability company, joint stock association, or other entity is not eligible for licensure under this part 3. (2) An entity may practice or offer to practice land surveying in this state only if the individual in responsible charge of the entity's land surveying activities in this state is a professional land surveyor. All professional land surveying documents, plats, and reports issued by or for the entity must bear the seal and signature of the professional land surveyor who is in responsible charge of and directly responsible for the land surveying work. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 892, § 1, effective October 1. Colorado Revised Statutes 2019 Page 258 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-25-204 as it existed prior to 2019. 12-120-305. Unlawful practice - penalties - enforcement. (1) It is unlawful for any individual to practice or offer to practice professional land surveying in Colorado without being licensed in accordance with the provisions of this part 3, or for any individual or entity to use or employ the words "land surveyor", "land surveying", or "professional land surveyor" or words of similar meaning or any modification or derivative except as authorized in this part 3. (2) It is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to practice, or offer to practice, land surveying in this state unless the individual in responsible charge has complied with the provisions of this part 3. (3) The practice of professional land surveying in violation of any of the provisions of this part 3 shall be either: (a) Restrained by injunction in an action brought by the attorney general or by the district attorney in accordance with section 12-20-406; or (b) Ceased by order of the board pursuant to section 12-20-405. (4) Any person who practices or offers or attempts to practice professional land surveying without an active license issued under this part 3 is subject to penalties pursuant to section 12-20-407 (1)(a). (5) It is the duty of all duly constituted officers of the law of Colorado, or any political subdivision thereof, to enforce the provisions of this part 3 and to prosecute any person violating this part 3. (6) The attorney general or the attorney general's assistant shall act as legal advisor to the board and render timely legal assistance as may be necessary in carrying out the provisions of this part 3. With the concurrence of the attorney general, the board may employ counsel and assistance necessary to aid in the enforcement of this part 3, and the compensation and expenses therefor shall be paid from the funds of the board. (7) Any individual practicing professional land surveying, as defined in this part 3, who is not licensed or exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full. (8) After finding that an individual has unlawfully engaged in the practice of professional land surveying, the board may assess a fine against the unlawfully engaged individual in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 893, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-205 as it existed prior to 2019. 12-120-306. Disciplinary actions - grounds for discipline. (1) The board may take disciplinary or other action as authorized by section 12-20-404, limit the scope of practice of, or require additional training of any professional land surveyor or land surveyor-intern for: (a) Engaging in fraud, misrepresentation, or deceit in obtaining or attempting to obtain a license or enrollment; Colorado Revised Statutes 2019 Page 259 of 890 Uncertified Printout (b) Failing to meet the generally accepted standards of the practice of land surveying through act or omission; (c) A felony that is related to the ability to practice land surveying. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea for the purposes of any hearing under this part 3. A plea of nolo contendere, or its equivalent, accepted by the court shall be considered as a conviction. (d) Violating, attempting to violate, or aiding or abetting the violation or attempted violation of: (I) Any provision of this part 3, an applicable provision of article 20 of this title 12, or any provision of article 50, 51, 52, or 53 of title 38; (II) Any rule adopted by the board in conformance with the provisions of part 1 of this article 120 or this part 3; or (III) Any order of the board issued in conformance with the provisions of this part 3; (e) Using false, deceptive, or misleading advertising; (f) Performing services beyond one's competency, training, or education; (g) Failing to report to the board any professional land surveyor known to have violated any provision of this part 3 or any board order or rule; (h) Habitual or excessive use or abuse of alcohol, controlled substances, or any habitforming drug; (i) Using any schedule I controlled substance, as set forth in section 18-18-203; (j) Failing to report to the board any malpractice claim against the professional land surveyor or any partnership, limited liability company, corporation, or joint stock association of which the professional land surveyor is a member, which claim is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned surveying services performed or supervised by the land surveyor; (k) Failing to pay any fine assessed pursuant to this part 3; (l) Violating any law or regulation governing the practice of professional land surveying in another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by the board of another state or jurisdiction may be considered to be the same as a finding of guilty for purposes of any hearing under this part 3. (m) Attempting to use an expired, revoked, suspended, or nonexistent license, practicing or offering to practice when not qualified, or falsely claiming that the individual is licensed; or (n) Using in any manner a license, license number, or certificate that has not been issued to the individual by the board. (2) The board may issue and send a letter of admonition by first-class mail to a professional land surveyor or land surveyor-intern at his or her last-known address under the circumstances specified in and in accordance with section 12-20-404 (4). (3) In addition to any other penalty that may be imposed pursuant to this section, the board may fine any professional land surveyor violating any provision of this article 120 or any rule promulgated pursuant to this article 120 not less than fifty dollars and not more than five thousand dollars for each violation proven by the board. (4) The board may issue a letter of concern in accordance with section 12-20-404 (5) to a professional land surveyor or land surveyor-intern based on any of the grounds specified in subsection (1) of this section without conducting a hearing as specified in section 12-120-307 when an instance of potentially unsatisfactory conduct comes to the board's attention but, in the Colorado Revised Statutes 2019 Page 260 of 890 Uncertified Printout board's judgment, does not warrant formal action by the board. Letters of concern shall be confidential and shall not be disclosed to members of the public or in any court action unless the board is a party. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 894, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-208 as it existed prior to 2019. 12-120-307. Disciplinary proceedings - injunctive relief procedure. (1) Section 1220-403 applies to investigations and hearings under this section. (2) The board upon its own motion may, and upon the receipt of a signed complaint in writing from any person shall, investigate the activities of any professional land surveyor, land surveyor-intern, or other person who presents grounds for disciplinary action as specified in this part 3. (3) All charges, unless dismissed by the board, shall be referred to administrative hearing by the board within five years after the date on which said charges were filed. (4) (a) The board is authorized to apply for injunctive relief in accordance with section 12-20-406 to enforce the provisions of this part 3, or to restrain any violation thereof. (b) If the board has reason to believe that any individual has engaged in, or is engaging in, any act or practice that constitutes a violation of any provision of this article 120, the board may initiate proceedings to determine if a violation has occurred. (c) In any action brought pursuant to this subsection (4), evidence of the commission of a single act prohibited by this article 120 shall be sufficient to justify the issuance of an injunction or a cease-and-desist order. (5) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. (6) Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review. (7) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 896, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-209 as it existed prior to 2019. 12-120-308. Reconsideration and review of board actions. The board, on its own motion or upon application, at any time after the imposition of any discipline as provided in section 12-120-307, may reconsider its prior action and reinstate or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any such further action, or the holding of a hearing with respect thereto, shall rest in the sole discretion of the board. Colorado Revised Statutes 2019 Page 261 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 899, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-209.5 as it existed prior to 2019. 12-120-309. Application for licensing. (1) Each application for licensing shall be in a form specified by the board and shall contain statements made under oath showing the applicant's education and showing a detailed summary of the applicant's surveying experience. Each application must contain a statement indicating whether the applicant has ever been convicted of a felony in this or in any other state, or has ever had a surveyor's license revoked, suspended, or not renewed, or has been reprimanded or fined relative to surveying in this or any other state. Applications that are not complete are defective, and the board shall take no action on defective applications except to give notice to the applicant of the defects. A nonrefundable application fee in an amount set by the board shall accompany each application. (2) No new application shall be required of an individual requiring reexamination by the board, and the individual shall be notified when the next examination will be held. (3) Whenever the board is reviewing or considering the conviction of a crime, it shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 899, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-210 as it existed prior to 2019. 12-120-310. Eligibility for land surveyor-intern. To be eligible for enrollment as a land surveyor-intern, an applicant shall provide documentation of the applicant's technical competence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 900, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-211 as it existed prior to 2019. 12-120-311. Qualifications for land surveyor-interns. (1) (a) An applicant may qualify for enrollment as a land surveyor-intern by endorsement if the applicant is enrolled in good standing in another jurisdiction requiring qualifications substantially equivalent to those currently required of applicants under this part 3 or if, at the time of initial enrollment in the other jurisdiction, the applicant met the requirements for enrollment then in existence under Colorado law. (b) Upon completion of the application and approval by the board, the applicant shall be enrolled as a land surveyor-intern if the applicant is otherwise qualified pursuant to section 12120-310. (2) (a) An applicant may qualify for enrollment as a land surveyor-intern by graduation and examination if the applicant passes the fundamentals of surveying examination. Colorado Revised Statutes 2019 Page 262 of 890 Uncertified Printout (b) In order to be admitted to the examination pursuant to subsection (2)(a) of this section, the applicant must have satisfied either of the following requirements: (I) The applicant graduated from a board-approved surveying or surveying technology curriculum that is at least four years. (II) The applicant has senior status in a board-approved surveying or surveying technology curriculum that is at least four years. (c) Upon passing the examination and upon submission of official transcripts to the board verifying graduation or impending graduation, the applicant shall be enrolled as a land surveyor-intern if the applicant is otherwise qualified pursuant to section 12-120-310. (3) (a) An applicant may qualify for enrollment as a land surveyor-intern by education, experience, and examination if the applicant passes the fundamentals of surveying examination. (b) In order to be admitted to the examination pursuant to subsection (3)(a) of this section, the applicant must: (I) (A) Have graduated from high school or the equivalent; and (B) Have a cumulative record of four years or more of progressive land surveying experience, of which a maximum of one year of educational credit may be substituted; or (II) (A) Have graduated from a board-approved two-year surveying curriculum; and (B) Have a cumulative record of two years or more of progressive land surveying experience. (c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be enrolled as a land surveyor-intern if the applicant is otherwise qualified pursuant to section 12-120-310. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 900, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-212 as it existed prior to 2019. 12-120-312. Eligibility for professional land surveyor. To be eligible for licensing as a professional land surveyor, an applicant shall provide documentation of technical competence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 901, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-213 as it existed prior to 2019. 12-120-313. Qualifications for professional land surveyor - repeal. (1) (a) An applicant may qualify for licensing as a professional land surveyor by endorsement and examination if the applicant passes the required examination or examinations pertaining to Colorado law. (b) In order to be admitted to the examination pursuant to subsection (1)(a) of this section, the applicant shall be licensed in good standing in another jurisdiction requiring qualifications substantially equivalent to those currently required of applicants under this part 3 or, at the time of initial licensure in the other jurisdiction, have met the requirements for licensure then in existence under Colorado law. Colorado Revised Statutes 2019 Page 263 of 890 Uncertified Printout (c) Upon passing the examination, the applicant shall be licensed as a professional land surveyor if the applicant is otherwise qualified pursuant to section 12-120-312. (2) (a) An applicant may qualify for licensing as a professional land surveyor by education, experience, and examination if the applicant passes the principle and practice of surveying examination and the examination pertaining to Colorado law. (b) To be admitted to an examination pursuant to subsection (2)(a) of this section, the applicant shall meet the requirements stated in at least one of the following: (I) (A) Have graduated from a board-approved surveying curriculum of four or more years; and (B) Have two years of progressive land surveying experience under the supervision of a professional land surveyor or an exempted federal employee defined in section 12-120-303 (1)(b); and (C) Have been enrolled as a land surveyor-intern in this state; or (II) (A) Have graduated from a nonboard-approved surveying curriculum of four or more years; and (B) Have four years of progressive land surveying experience of which at least two must be under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and (C) Have been enrolled as a land surveyor-intern in this state; or (III) (A) Have graduated from a board-approved two-year surveying curriculum or from a four-year engineering curriculum that included surveying course work as specified by the board by rule; and (B) Have six years of progressive land surveying experience of which four years shall have been under the supervision of a professional land surveyor or an exempt federal employee as defined under section 12-120-303 (1)(b); and (C) Have been enrolled as a land surveyor-intern in this state; or (IV) (A) Have obtained a bachelor's degree in a nonsurveying curriculum; (B) Have completed surveying and other related course work, as specified by the board by rule; (C) Have six years of progressive land surveying experience, of which four years shall have been under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and (D) Have been enrolled as a land surveyor-intern in this state. (c) Upon passing the examinations and the submission of evidence of experience satisfactory to the board, the applicant shall be licensed as a professional land surveyor if the applicant is otherwise qualified pursuant to section 12-120-312. (3) The board may allow an applicant to substitute for one year of experience the satisfactory completion of one academic year in a curriculum approved by the board. The substitution of education for experience shall not exceed three years. (4) (a) An applicant may qualify for licensure as a professional land surveyor by experience and examination if the applicant passes the principles and practice of land surveying examination and the examination pertaining to Colorado law. (b) In order to be admitted to an examination pursuant to subsection (4)(a) of this section, the applicant shall: (I) Have graduated from high school or its equivalent; Colorado Revised Statutes 2019 Page 264 of 890 Uncertified Printout (II) Have ten years of progressive land surveying experience of which at least six years must have been under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and (III) Have been enrolled as a land surveyor-intern in this state. (c) Upon passage of the examination pursuant to subsection (4)(a) of this section, the applicant shall be licensed as a professional land surveyor if the applicant is otherwise qualified pursuant to section 12-120-312. (d) The board may allow an applicant to substitute for one year of experience the satisfactory completion of one academic year in a curriculum approved by the board. The substitution of education for experience shall not exceed three years. (e) This subsection (4) is repealed, effective July 1, 2020. (5) (a) A professional land surveyor who has been duly licensed to practice professional land surveying in this state and who is over sixty-five years of age, upon application, may be classified as a retired professional land surveyor. Individuals who are so classified shall lose their licensure, shall not practice professional land surveying, and shall pay a fee to retain retired professional land surveyor status. (b) (I) A retired professional land surveyor shall be reinstated to the status of a professional land surveyor upon payment of the renewal fee. No other fee shall be assessed against the retired professional land surveyor as a penalty. (II) For any professional land surveyor who has been retired for two or more years, the board may require reexamination unless the board is satisfied of the retired professional land surveyor's continued competence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 901, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-214 as it existed prior to 2019. 12-120-314. Licenses. (1) The board, upon acceptance of an applicant who has demonstrated competence in professional land surveying and upon receipt of payment of the required fee, shall license and issue a unique license number to the applicant. (2) The board, upon acceptance of a qualified land surveyor-intern and upon receipt of payment of the required fee, shall enroll the qualified land surveyor-intern. (3) A license may be issued at any time and is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (4) Any person whose license has expired is subject to the penalties provided in this part 3 or section 12-20-202 (1). (5) A professional land surveyor shall give notice to the board, in writing, of any change of address within thirty days after the change. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 903, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-215 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 265 of 890 Uncertified Printout 12-120-315. Fees - disposition. (1) Pursuant to section 12-20-105, the board shall charge and collect fees for the following: (a) With respect to professional land surveyors: (I) Renewal of a license; (II) Replacement of a paper certificate or renewal card, if requested by the licensee; (III) Application for licensure by endorsement and examination; (IV) Application for the principles and practice of surveying examination or the legal aspects of surveying examination; (V) Issuance of a paper certificate of licensure, if requested by the licensee; (VI) Late renewal of a license; (VII) Reexamination for the principles and practice of surveying examination or the legal aspects of surveying examination; (VIII) Reinstatement of an expired license; (IX) Listing as a retired professional land surveyor; (b) With respect to land surveyor-interns: (I) Application for the fundamentals of surveying examination; (II) Reexamination for the fundamentals of surveying examination; (III) Application for enrollment as a land surveyor-intern by endorsement. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 904, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-216 as it existed prior to 2019. 12-120-316. Professional land surveyor's seal - rules. (1) Upon receiving a license from the board, a professional land surveyor may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal of a design approved by the board. The seal must contain the licensed professional land surveyor's name and license number and the designation "Colorado licensed professional land surveyor". Colorado land surveyors licensed before July 1, 2004, may continue to use their prior existing seals. (2) All documents, plats, and reports resulting from the practice of land surveying shall be identified with and bear the seal or exact copy thereof, signature, and date of signature of the land surveyor in responsible charge. (3) A professional land surveyor shall use a seal and signature only when the work to which the seal is applied was prepared under the professional land surveyor's responsible charge. (4) The board shall adopt rules governing use of the seal and the retention, use, and distribution of sealed documents and copies thereof. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 905, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-217 as it existed prior to 2019. PART 4 Colorado Revised Statutes 2019 Page 266 of 890 Uncertified Printout ARCHITECTS 12-120-401. General provisions. The regulatory authority established by this part 4 is necessary to safeguard the life, health, property, and public welfare of the people of this state and to protect them against unauthorized, unqualified, and improper practice of architecture. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 905, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-301 as it existed prior to 2019. 12-120-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Architect" means a person licensed under this part 4 and entitled thereby to conduct a practice of architecture in the state of Colorado. (2) "Buildings" means buildings of any type for public or private use, including the structural, mechanical, and electrical systems, utility services, and other facilities required for the buildings. (3) "Drawings" means the original documents produced to describe a project. The original documents may be produced by computer-assisted design and drafting software, commonly known as "CADD", or other means. (4) "Dwellings" means private residences intended for permanent occupancy by one or more families but does not include apartment houses, lodging houses, hotels, or motels. (5) (a) "Practice of architecture" means providing any of the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and the site surrounding those buildings, which have as their principal purpose human occupancy or habitation: (I) Predesign; (II) Programming; (III) Planning; (IV) Providing designs, drawings, specifications, and other technical submissions; (V) Administering construction contracts; and (VI) Coordinating any elements of technical submissions prepared by others. (b) An architect's professional services, unless performed pursuant to the exemptions set forth in section 12-120-403 by a person who is not an architect, may include any or all of the following: (I) Investigations, evaluations, schematic and preliminary studies, designs, working drawings, and specifications for construction, or for one or more buildings, and for the space within and surrounding the buildings or structures; (II) Coordination of the work of technical and special consultants; (III) Compliance with generally applicable codes and regulations and assistance in the governmental review process; (IV) Technical assistance in the preparation of bid documents and agreements between clients and contractors; (V) Contract administration; and (VI) Construction observation. Colorado Revised Statutes 2019 Page 267 of 890 Uncertified Printout (c) An individual practices or offers to practice architecture within the meaning and intent of this subsection (5) if the individual, by oral claim, sign, advertisement, letterhead, card, or in any other way, represents himself or herself to be an architect, implies that he or she is licensed under this part 4, or performs or offers to perform a service listed in subsection (5)(b) of this section. (6) "Responsible control" means that amount of control over and detailed knowledge of the content of plans, designs, drawings, specifications, and reports during their preparation as is ordinarily exercised by a licensed architect applying the required standard of care. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 905, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-302 as it existed prior to 2019. 12-120-403. Exemptions - definitions. (1) Nothing in this part 4 shall prevent any person, firm, corporation, or association from preparing plans and specifications for, designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following: (a) One-, two-, three-, and four-family dwellings, including accessory buildings commonly associated with those dwellings; (b) Garages, industrial buildings, offices, farm buildings, and buildings for the marketing, storage, or processing of farm products, and warehouses, that do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons; (c) Additions, alterations, or repairs to the buildings referred to in subsections (1)(a) and (1)(b) of this section that do not cause the completed buildings to exceed the applicable limitations set forth in this subsection (1); (d) Nonstructural alterations of any nature to any building if the alterations do not affect the life safety of the occupants of the building. (2) Nothing in this part 4 shall prevent, prohibit, or limit any municipality or county of this state, home rule or otherwise, from adopting such building codes as may, in the reasonable exercise of the police power of said governmental unit, be necessary for the protection of the inhabitants of the municipality or county. (3) Nothing in this part 4 shall be construed as curtailing or extending the rights of any other profession or craft, including the practice of landscape architecture by landscape architects pursuant to article 130 of this title 12. (4) Nothing in this part 4 shall be construed as prohibiting the practice of architecture by any employee of the United States government or any bureau, division, or agency thereof while in the discharge of his or her official duties. (5) Nothing in this part 4 shall be construed to prevent the independent employment of a licensed professional engineer practicing pursuant to part 2 of this article 120. (6) (a) Except as provided in subsection (6)(b) of this section, nothing in this part 4 shall be construed to prevent an interior designer from preparing interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and filing the documents and Colorado Revised Statutes 2019 Page 268 of 890 Uncertified Printout specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, or regional building authority, which may approve or reject the filing in the same manner as for other professions. (b) Interior designers shall not be engaged in the construction of the structural frame system supporting a building; mechanical, plumbing, heating, air conditioning, ventilation, or electrical vertical transportation systems; fire-rated vertical shafts in any multi-story structure; fire-related protection of structural elements; smoke evacuation and compartmentalization; emergency sprinkler systems; emergency alarm systems; or any other alteration affecting the life safety of the occupants of a building. Any interior designer shall, as a condition of filing interior design documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction a current copy of the interior designer's professional liability insurance coverage that is in force. No interior designer shall be subject to any of the restrictions set forth in subsections (1)(b) and (1)(d) of this section. (c) As used in this subsection (6), "interior designer" means a person who: (I) Engages in: (A) Consultation, study, design analysis, drawing, space planning, and specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building; (B) Preparing and submitting interior design documents for the purpose of obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans; (C) Designing for fabrication nonstructural elements within and surrounding interior spaces of buildings; or (D) The administration of design construction and contract documents, as the clients' agent, relating to the functions described in subsections (6)(c)(I)(A) to (6)(c)(I)(C) of this section, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and (II) Possesses written documentation that he or she: (A) Has graduated with a degree in interior design from a college or university offering an interior design program consisting of four or more years of study and has completed two years of interior design experience; or (B) Has graduated with a degree in interior design from a college or university offering an interior design program consisting of two or more years of study and has completed four years of interior design experience; and (C) Has met the education and experience requirements of, and has subsequently passed, the qualification examination promulgated by the Council for Interior Design Qualification or its successor organization. (d) As used in this subsection (6), "nonstructural or nonseismic" includes interior elements or components that are not load-bearing or that do not assist in the seismic design and do not require design computations for a building's structure. Common nonstructural or nonseismic elements or components include, but are not limited to, ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building. Colorado Revised Statutes 2019 Page 269 of 890 Uncertified Printout (7) Nothing in this article 120 shall prohibit a person who is licensed to practice architecture in another jurisdiction of the United States from soliciting work in Colorado. The person shall not perform the practice of architecture in this state without first having obtained a license from the board or having associated with an architect licensed in this state who is associated with the project at all stages of the project. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 907, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-303 as it existed prior to 2019. 12-120-404. Forms of organizations permitted to practice - requirements. (1) Except as otherwise provided in this section, no firm, partnership, entity, or group of persons shall be licensed to practice architecture; except that a partnership, entity, or group of persons may use the term "architects" in its business name if a majority of the individual officers and directors or members or partners are either licensed architects under this part 4 or persons who qualify for a license by endorsement under section 12-120-413 (3). (2) The practice of architecture by the following entities is permitted, subject to subsection (3) of this section: (a) A corporation that complies with the "Colorado Business Corporation Act", articles 101 to 117 of title 7; (b) A limited liability company that complies with the "Colorado Limited Liability Company Act", article 80 of title 7; (c) A registered limited liability partnership that has registered in accordance with section 7-60-144 or qualified in accordance with section 7-64-1002. (3) An entity listed in subsection (2) of this section may practice architecture, but only if: (a) The practice of architecture by the entity is under the direct supervision of an architect, licensed in the state of Colorado, who is an officer of the corporation, a member of the limited liability company, or a partner in the registered limited liability partnership; (b) The architect remains individually responsible to the board and the public for his or her professional acts and conduct; and (c) All architectural plans, designs, drawings, specifications, or reports that are involved in the practice, issued by or for the entity, bear the seal and signature of an architect in responsible control of, and directly responsible for, the architectural work when issued. (4) (a) Nothing in this part 4 shall be construed as prohibiting the formation of a corporation, limited liability company, registered limited liability partnership, joint venture, partnership, or association consisting of one or several architects or corporations meeting the requirements of subsection (3) of this section and one or several professional engineers, all duly licensed under the respective provisions of the applicable laws of this state. (b) It is lawful for an entity described in subsection (4)(a) of this section to use in its title the words "architects and engineers". (c) No identifying media used by any member of the entity shall mislead the public as to the fact that the member is licensed as an architect or as a professional engineer. Colorado Revised Statutes 2019 Page 270 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 909, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-304 as it existed prior to 2019. 12-120-405. Unauthorized practice - penalties - enforcement. (1) Unless exempted under section 12-120-403 (7), any person who practices or offers or attempts to practice architecture without an active license issued under this part 4 is subject to penalties as specified in section 12-20-407 (1)(a). (2) (a) It is unlawful for any individual to hold himself or herself out to the public as an architect unless the individual has complied with this part 4. (b) It is unlawful for any person to practice, or offer to practice, architecture in this state unless the individual in responsible control has complied with this part 4. (c) (I) Unless licensed pursuant to this part 4, it is unlawful for any person to: (A) Use any of the following titles: "Architect", "architects", "architecture", "architectural", or "licensed architect"; or (B) Use the words "architect", "architects", "architecture", "architectural", or "licensed architect" in any offer to the public to perform the services set forth in section 12-120-402 (5). (II) Nothing in this subsection (2) prohibits the general use of the words "architect", "architecture", or "architectural", including the specific use of the term "architectural intern", by an individual who is working under the supervision of an architect and is in the process of completing required practice hours in preparation for the architect licensing examination, so long as those words are not being used in an offer to the public to perform the services set forth in section 12-120-402 (5). (3) The attorney general or the attorney general's assistant shall act as legal advisor to the board and render such timely legal assistance as may be necessary in carrying out this part 4. With the concurrence of the attorney general, the board may employ counsel and assistance necessary to aid in the enforcement of this part 4, and the compensation and expenses therefor shall be paid from the funds of the board. (4) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. (5) After finding that a person has unlawfully engaged in the practice of architecture, the board may jointly and severally assess against the person a fine of not less than fifty dollars and not more than five thousand dollars for each violation proven by the board. (6) An individual practicing architecture who is not licensed or exempt from licensure shall not collect compensation of any kind for the practice, and, if compensation has been paid, the individual shall refund the compensation in full. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 910, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-305 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 271 of 890 Uncertified Printout 12-120-406. Disciplinary actions - grounds for discipline. (1) The board may take disciplinary or other action as authorized by section 12-20-404 against, or limit the scope of practice of, a licensee for the following: (a) Fraud, misrepresentation, deceit, or material misstatement of fact in procuring or attempting to procure a license; (b) Any act or omission that fails to meet the generally accepted standards of the practice of architecture, as evidenced by conduct that endangers life, health, property, or the public welfare; (c) Conviction of, or pleading guilty or nolo contendere to, a felony in Colorado concerning the practice of architecture or an equivalent crime outside Colorado. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea in any hearing under this part 4. The board shall be governed by sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea. (d) Affixing a seal or allowing a seal to be affixed to any document of which the architect was neither the author nor in responsible control of preparation; (e) Violation of, or aiding or abetting in the violation of, this part 4, an applicable provision of article 20 of this title 12, any rule promulgated by the board in conformance with part 1 of this article 120 or this part 4, or any order of the board issued in conformance with this part 4; (f) Use of false, deceptive, or misleading advertising; (g) Performing services beyond one's competency, training, or education; (h) Failure to render adequate professional control of persons practicing architecture under the responsible control of a licensed architect; (i) Habitual or excessive use or abuse of alcohol, controlled substances, or any habitforming drug; (j) Any use of a schedule I controlled substance, as defined in section 18-18-203; (k) Violation of the notification requirements in section 12-120-411; (l) Failure to pay a fine assessed under this part 4; (m) Failure to report to the board any architect known to have violated any provision of this article 120 or any board order or rule; (n) Fraud or deceit in the practice of architecture; (o) Making or offering to make any gift (other than a gift of nominal value such as reasonable entertainment or hospitality), donation, payment, or other valuable consideration to influence a prospective or existing client or employer regarding the employment of the architect; except that nothing in this subsection (1)(o) shall restrict an employer's ability to reward an employee for work obtained or performed; (p) Selling or fraudulently obtaining or furnishing a license or renewal of a license to practice architecture; (q) Engaging in conduct that is intended or reasonably might be expected to mislead the public into believing that the person is an architect; or (r) Engaging in the practice of an architect as a corporation or partnership or group of persons, unless the entity meets the requirements of section 12-120-404. (2) The board may issue and send a letter of admonition by first-class mail to a licensee at the licensee's last-known address under the circumstances specified in and in accordance with section 12-20-404 (4). Colorado Revised Statutes 2019 Page 272 of 890 Uncertified Printout (3) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5). (4) Any disciplinary action in another state or jurisdiction on grounds substantially similar to those that would constitute a violation under this part 4 shall be prima facie evidence of grounds for disciplinary action, including denial of licensure, under this section. (5) In addition to the penalties provided for in this section, any person violating any provision of this part 4 or any standards or rules promulgated pursuant to this part 4 may be punished by a fine of not less than fifty dollars and not more than five thousand dollars upon a finding of misconduct by the board, made pursuant to article 4 of title 24. (6) If, as a result of a proceeding held pursuant to article 4 of title 24, the board determines that a person licensed to practice architecture pursuant to this part 4 has acted in such a manner as to be subject to disciplinary action, the board may, in lieu of or in addition to other forms of disciplinary action that may be authorized by this section, require a licensee to take courses of training or education relating to his or her profession. The board shall determine the conditions that may be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee shall be required to furnish satisfactory proof of completion of the training or education. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 913, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-308 as it existed prior to 2019. 12-120-407. Disciplinary proceedings - injunctions. (1) Section 12-20-403 applies to investigations and hearings under this section. (2) The board upon its own motion may, and upon the receipt of a signed complaint in writing from any person shall, investigate the activities of any licensee or other person that present grounds for disciplinary action as specified in this part 4. (3) The board may apply for an injunction in accordance with section 12-20-406, but only to enjoin any person from committing any act declared to be a misdemeanor by this part 4. In order to obtain such injunction, the board need not prove irreparable injury. (4) Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 915, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-309 as it existed prior to 2019. 12-120-408. Reconsideration and review of board actions. The board, on its own motion or upon application, at any time after the imposition of any discipline as provided in this part 4, may reconsider its prior action and reinstate or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any such further action, or the holding of a hearing with respect thereto, shall rest in the sole discretion of the board. Colorado Revised Statutes 2019 Page 273 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 916, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-309.5 as it existed prior to 2019. 12-120-409. Application for licensing. (1) An applicant shall submit an application that includes evidence of education and practical experience as required by section 12-120-413 and the rules of the board. The application shall also include a statement that the applicant has never been denied licensure as an architect or been disciplined with regard to the practice of architecture or practiced architecture in violation of the law. If the board determines that an applicant has committed any of the acts specified as grounds for discipline under section 12-120406 (1), it may deny an application for examination or licensure. The board shall notify the applicant if it determines that the application is incomplete or otherwise defective and shall specify the grounds for the determination. (2) When the board is reviewing or considering conviction of a crime, it shall be governed by sections 12-20-202 (5) and 24-5-101. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 916, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-310 as it existed prior to 2019. 12-120-410. Professional liability - insurance. (1) The shareholders, members, or partners of an entity that practices architecture are liable for the acts, errors, and omissions of the employees, members, and partners of the entity except when the entity maintains a qualifying policy of professional liability insurance as set forth in subsection (2) of this section. (2) (a) A qualifying policy of professional liability insurance shall meet the following minimum standards: (I) The policy insures the entity against liability imposed upon it by law for damages arising out of the negligent acts, errors, and omissions of all professional and nonprofessional employees, members, and partners; and (II) The insurance is in a policy amount of at least seventy-five thousand dollars multiplied by the total number of architects and engineers in or employed by the entity, up to a maximum of five hundred thousand dollars. (b) In addition, the policy may include: (I) A provision that it shall not apply to the following: (A) A dishonest, fraudulent, criminal, or malicious act or omission of the insured entity or any stockholder, employee, member, or partner; (B) The conduct of a business enterprise that is not the practice of architecture by the insured entity; (C) The conduct of a business enterprise in which the insured entity may be a partner or that may be controlled, operated, or managed by the insured entity in its own or in a fiduciary capacity, including, but not limited to, the ownership, maintenance, or use of property; (D) Bodily injury, sickness, disease, or death of a person; or (E) Damage to, or destruction of, tangible property owned by the insured entity; Colorado Revised Statutes 2019 Page 274 of 890 Uncertified Printout (II) Any other reasonable provisions with respect to policy periods, territory, claims, conditions, and ministerial matters. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 916, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-311 as it existed prior to 2019. 12-120-411. Notification to board. Each architect shall report to the board any malpractice claim against the architect, or against any entity of which the architect is a member, that is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned the practice of architecture performed or supervised by the architect; except that a licensee is not required to report any claim that was dismissed by a court of law. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 917, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-312 as it existed prior to 2019. 12-120-412. Eligibility for architect. To be eligible for licensing as an architect, an applicant shall provide documentation of technical competence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 917, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-313 as it existed prior to 2019. 12-120-413. Qualifications for architect licensure. (1) The board shall set minimum educational and experience requirements for applicants within the following guidelines: (a) The board may require: (I) No more than three years of practical experience under the direct supervision of a licensed architect or an architect exempt under the provisions of section 12-120-403 (4) and either: (A) A professional degree from a program accredited by the National Architectural Accrediting Board or its successor; or (B) Substantially equivalent education or experience approved by the board, with the board requiring no more than five years of the education and experience; or (II) No more than ten years of practical experience under the direct supervision of a licensed architect or an architect exempt under the provisions of section 12-120-403 (4); or (III) A combination of such practical experience and education, which combination shall not exceed ten years. (b) Up to one year of the required experience may be in on-site building construction operations, physical analyses of existing buildings, or teaching or research in a program accredited by the National Architectural Accrediting Board or its successor. Colorado Revised Statutes 2019 Page 275 of 890 Uncertified Printout (c) Full credit shall be given for education obtained in four-year baccalaureate programs in architecture or environmental design. (2) (a) An applicant shall pass an examination or examinations developed or adopted by the board. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency. (b) The examination shall be given at least twice a year. The board shall designate a time and location for examinations and shall notify applicants of this time and location in a timely fashion and, as necessary, may contract for assistance in administering the examination. (3) An applicant for licensure by endorsement must hold a license in good standing in a jurisdiction requiring qualifications substantially equivalent to those currently required for licensure by examination as provided in section 12-120-409 (1) and subsections (1) and (2) of this section and shall submit an application as prescribed by the board. The board shall provide procedures for an applicant to apply directly to the board. The board may also provide an alternative application procedure so that an applicant may, at his or her option, instead apply to a national clearinghouse designated by the board. The national clearinghouse shall then forward the application to the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 917, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-314 as it existed prior to 2019. 12-120-414. Retired architects - classification - fees. (1) An architect who has been duly licensed and is over sixty-five years of age may apply to the board for classification as a retired architect. Retired architects shall not practice architecture and shall pay a fee established by the board to be listed with and retain retired architect status. A person classified as a retired architect may hold himself or herself out as a retired architect. (2) A retired architect shall be reinstated to the status of an architect upon payment of the renewal fee established pursuant to sections 12-20-105 and 12-20-202 (1). The board shall not assess any additional fees. (3) The board may require reexamination of a retired architect who has been retired for two or more years and is seeking reinstatement pursuant to subsection (2) of this section unless the board is satisfied with the retired architect's competence to practice, as required by section 12-20-202 (2)(c)(II). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 918, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-314.5 as it existed prior to 2019. 12-120-415. Licenses. (1) The board shall issue a license whenever an applicant for a license to practice architecture in Colorado successfully qualifies for the license as provided in this part 4. (2) An architect may renew a license by paying to the board the license renewal fee established pursuant to section 12-20-105, and the board shall then renew the license. A license Colorado Revised Statutes 2019 Page 276 of 890 Uncertified Printout issued pursuant to this part 4 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (3) Any person whose license has expired shall be subject to the penalties provided in this part 4 or section 12-20-202 (1). (4) An architect shall give notice to the board, in a manner prescribed by the board, of any change of address within thirty days after the change. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 919, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-315 as it existed prior to 2019. 12-120-416. Continuing education - rules. The board shall adopt rules establishing requirements for continuing education that an architect shall complete in order to renew a license to practice architecture in Colorado. The rules shall require the architect to participate in a process or procedure that demonstrates whether the architect retained the material presented in the continuing education program or course. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 919, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-315.5 as it existed prior to 2019. 12-120-417. Architect's seal - rules. (1) Upon receiving a license from the board, an architect may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal in a design approved by the board. The seal must contain the architect's name and license number and the designation "Colorado licensed architect". Architects licensed before July 1, 2013, may continue to use their existing seals. (2) An architect shall use his or her seal, signature, and the date of signature only when the work to which the seal is applied was prepared under the architect's responsible control. (3) The board shall adopt rules governing use of the seal and the retention, use, and distribution of sealed documents and copies thereof. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 919, § 1, effective October 1. Editor's note: This section is similar to former § 12-25-317 as it existed prior to 2019. ARTICLE 125 Fantasy Contests Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 125 was numbered as article 15.5 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed Colorado Revised Statutes 2019 Page 277 of 890 Uncertified Printout comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. 12-125-101. Short title. The short title of this article 125 is the "Fantasy Contests Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 920, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-101 as it existed prior to 2019. 12-125-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 125. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 920, § 1, effective October 1. 12-125-103. Definitions. As used in this article 125, unless the context otherwise requires: (1) "Confidential information" means information related to the play of a fantasy contest by fantasy contest players obtained as a result of or by virtue of a person's employment. (2) "Entry fee" means cash or cash equivalents that are required to be paid by a fantasy contest player to a fantasy contest operator in order to participate in a fantasy contest. (3) "Fantasy contest" means a fantasy or simulated game or contest in which: (a) The value of all prizes and awards offered to winning participants is established and made known to the participants in advance of the contest; (b) All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of athletes in fully completed sporting events; except that a sporting event that has been called or suspended due to weather or any other natural or unforseen event is considered fully completed; and (c) Winning outcomes are not based on randomized or historical events or on the score, point spread, or any performance of any single actual sports team or combination of the teams or solely on any single performance of an individual athlete in any single actual sporting event. (4) "Fantasy contest operator" means a person or entity that offers fantasy contests with an entry fee for a cash prize to members of the public. (5) "Fantasy contest player" means a person who participates in a fantasy contest with an entry fee offered by a fantasy contest operator. (6) "Small fantasy contest operator" means a fantasy contest operator that has no more than seven thousand five hundred fantasy contest players in Colorado with active accounts who participate in fantasy contests with an entry fee. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 920, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-102 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 278 of 890 Uncertified Printout 12-125-104. Rules - procedures. (1) The director shall promulgate reasonable rules for the identification, licensing, and fingerprinting of applicants for licensure. (2) For purposes of any hearing, investigation, accusation, or other matter coming before the director pursuant to this article 125, section 12-20-403 (2) and (3) apply. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 920, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-103 as it existed prior to 2019. 12-125-105. Registration. (1) On and after July 1, 2017, an entity shall not operate as a small fantasy contest operator unless the entity is registered with the director. On and after July 1, 2017, an individual who is not operating through an entity shall not operate as a small fantasy contest operator unless the individual is registered with the director. (2) A small fantasy contest operator is subject to all of the provisions of this article 125; except that: (a) A small fantasy contest operator need only be registered, not licensed, in order to offer fantasy contests for a fee; a small fantasy contest operator is not subject to the requirements of section 12-125-107 (2) regarding an annual audit; and a small fantasy operator is subject to section 12-125-106 (3); and (b) The director shall: (I) Establish a registration process for small fantasy contest operators; and (II) Not initiate an investigation of a potential violation of this article 125 by a small fantasy contest operator except upon the filing of a complaint with the director that the director reasonably believes warrants investigation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 921, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-104 as it existed prior to 2019. 12-125-106. Licensing. (1) (a) On and after July 1, 2017, an entity shall not operate as a fantasy contest operator unless the entity is licensed by the director. On and after July 1, 2017, an individual who is not operating through an entity shall not operate as a fantasy contest operator unless the individual is licensed as a fantasy contest operator by the director. (b) An applicant for licensure must pay license, renewal, and reinstatement fees established by the director consistent with section 12-20-105 and other authorities. A license issued pursuant to this article 125 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person that continues to practice once a license has expired is subject to the penalties provided in this article 125 and section 12-20-202 (1). (2) Applications for licensure as a fantasy contest operator must: (a) Be verified by the oath or affirmation of the person or persons as the director may prescribe; (b) Be made to the director on forms prepared and furnished by the director; and Colorado Revised Statutes 2019 Page 279 of 890 Uncertified Printout (c) Set forth such information as the director may require to enable the director to determine whether an applicant meets the requirements for licensure under this article 125. The information must include: (I) The name and address of the applicant; (II) If a partnership, the names and addresses of all of the partners, and if a corporation, association, or other organization, the names and addresses of the president, vice president, secretary, and managing officer, together with all other information deemed necessary by the director; and (III) A designation of the responsible party who is the agent for the licensee for all communications with the director. (3) (a) An applicant may not be eligible for licensure or registration as a fantasy contest operator or licensure renewal if the applicant or any of its officers, directors, or general partners has been convicted of or has entered a plea of nolo contendere or guilty to a felony. (b) The director is governed by section 24-5-101 in considering the conviction or plea of nolo contendere to a felony for any individual subject to a criminal history record check pursuant to subsection (4) of this section. (4) With the submission of an application for a license granted pursuant to this section, each applicant and its officers, directors, and general partners shall submit a complete set of his or her fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. A person who has previously submitted fingerprints for state or local licensing purposes may request the use of the fingerprints on file. The director shall require a name-based criminal history record check, as defined in section 222-119.3 (6)(d), for a person who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (4) reveal a record of arrest without a disposition. The director shall use the information resulting from the fingerprint-based or name-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to this section. The director may verify the information an applicant is required to submit. The applicant shall pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation. The applicant is responsible for the costs associated with a name-based criminal history record check. (5) A fantasy contest operator shall not conduct, operate, or offer a fantasy contest that: (a) Utilizes: (I) Video or mechanical reels or symbols or any other depictions of slot machines, poker, blackjack, craps, or roulette; or (II) Any device that qualifies as or replicates games that constitute limited gaming under section 9 of article XVIII of the Colorado constitution; or (b) Includes a university, college, high school, or youth sporting event. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 921, § 1, effective October 1; (4) amended, (HB 19-1166), ch. 125, p. 567, § 73, effective October 1. Colorado Revised Statutes 2019 Page 280 of 890 Uncertified Printout Editor's note: (1) This section is similar to former § 12-15.5-105 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019. (3) Section 78 of chapter 125 (HB 19-1166), Session Laws of Colorado 2019, provides that the act changing this section takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019. 12-125-107. Consumer protections. (1) A fantasy contest operator, including a small fantasy contest operator, shall implement commercially reasonable procedures for fantasy contests with an entry fee, which procedures are designed to: (a) Prevent employees of the fantasy contest operator, including a small fantasy contest operator, and relatives living in the same household as the employees, from competing in any fantasy contests offered by any fantasy contest operator in which the operator offers a cash prize; (b) Prevent sharing of confidential information that could affect the fantasy contest play with third parties until the information is made publicly available; (c) Verify that a fantasy contest player in such a fantasy contest is eighteen years of age or older; (d) Ensure that individuals who participate or officiate in a game or contest that is the subject of such a fantasy contest will be restricted from entering such a fantasy contest that is determined, in whole or in part, on the accumulated statistical results of a team of individuals in the game or contest in which they are a player or official; (e) Allow individuals to restrict themselves from entering such a fantasy contest upon request and provide reasonable steps to prevent the person from entering the fantasy contests offered by the fantasy contest operator, including a small fantasy contest operator; (f) Disclose the number of entries that a fantasy contest player may submit to each such fantasy contest, provide reasonable steps to prevent players from submitting more than the allowable number, and, in any contest involving at least one hundred one entries, not allow a player to submit more than the lesser of three percent of all entries or one hundred fifty entries; (g) Segregate fantasy contest player funds from operational funds and maintain a reserve in the form of cash, cash equivalents, an irrevocable letter of credit, a bond, or a combination thereof, in the amount of the deposits made to the accounts of fantasy contest players for the benefit and protection of the funds held in the accounts; (h) Distinguish highly experienced players and beginner players and ensure that highly experienced players are conspicuously identified as such to all players; (i) Prohibit the use of scripts in fantasy contests that give a player an unfair advantage over other players and make all authorized scripts readily available to all fantasy contest players; (j) Clearly and conspicuously disclose all rules that govern its contests, including the material terms of each promotional offer at the time the offer is advertised; and (k) Use technologically reasonable measures to limit each fantasy contest player to one active account with that operator. (2) A fantasy contest operator offering fantasy contests in this state shall: Colorado Revised Statutes 2019 Page 281 of 890 Uncertified Printout (a) Contract with a third party to annually perform an independent audit, consistent with the standards established by the Public Company Accounting Oversight Board, to ensure compliance with this article 125; and (b) Submit the results of the audit to the director. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 923, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-106 as it existed prior to 2019. 12-125-108. Duty to maintain records. Each fantasy contest operator shall keep daily records of its operations and shall maintain the records for at least three years. The records must sufficiently detail all financial transactions to determine compliance with the requirements of this article 125 and must be available for audit and inspection by the director during the fantasy contest operator's regular business hours. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 924, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-107 as it existed prior to 2019. 12-125-109. Authorization to conduct fantasy contests. (1) Fantasy contests are authorized and may be conducted by a fantasy contest operator at a licensed gaming establishment, as that term is defined in section 44-30-103 (18). A gaming retailer, as that term is defined in section 44-30-103 (27), may conduct fantasy contests if the gaming retailer is licensed as a fantasy contest operator. (2) Fantasy contests are authorized and may be conducted by a fantasy contest operator at a licensed facility at which pari-mutuel wagering, as that term is defined in section 44-32-102 (18), may occur. An operator of a class B track, as that term is defined in section 44-32-102 (3), may conduct fantasy contests if the operator is licensed as a fantasy contest operator. (3) A fantasy contest conducted in compliance with this article 125 does not violate article 10 or 10.5 of title 18. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 924, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-108 as it existed prior to 2019. 12-125-110. Grounds for discipline. (1) The director may take disciplinary action as authorized in section 12-20-404 against a licensee or registrant if the fantasy contest operator, including a small fantasy contest operator: (a) Violates any order of the director, any provision of this article 125, an applicable provision of article 20 of this title 12, or the rules established under this article 125; (b) Fails to meet the requirements for licensure under this article 125; or Colorado Revised Statutes 2019 Page 282 of 890 Uncertified Printout (c) Uses fraud, misrepresentation, or deceit in applying for or attempting to apply for licensure or registration or otherwise in operating or offering to operate a fantasy contest. (2) If it appears to the director, based upon credible evidence as presented in a written complaint, that a person is operating or offering to operate a fantasy contest without having obtained a registration or license, the director may issue an order to cease and desist the activity. The director shall set forth in the order the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unauthorized practices immediately cease. Within ten days after service of the order to cease and desist pursuant to this subsection (2), the person may request a hearing on the question of whether acts or practices in violation of this article 125 have occurred. The hearing shall be conducted pursuant to section 24-4-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 924, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-109 as it existed prior to 2019. 12-125-111. Civil fines. In addition to any other remedy provided by law, a fantasy contest operator, or an employee or agent thereof, who violates this article 125 is subject to a civil fine of not more than one thousand dollars for each such violation, which the state treasurer shall credit to the general fund. The director may file a civil action to collect the fine. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 925, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-110 as it existed prior to 2019. 12-125-112. Applicability. This article 125 applies to conduct occurring on or after July 1, 2017. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 925, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-111 as it existed prior to 2019. 12-125-113. Repeal of article - subject to review. This article 125 is repealed, effective September 1, 2020. Before the repeal, this article 125 is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 925, § 1, effective October 1. Editor's note: This section is similar to former § 12-15.5-112 as it existed prior to 2019. ARTICLE 130 Colorado Revised Statutes 2019 Page 283 of 890 Uncertified Printout Landscape Architects Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 130 was numbered as article 45 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. Cross references: For regulatory provisions for architects, see part 4 of article 120 of this title 12. 12-130-101. Short title. The short title of this article 130 is the "Landscape Architects Professional Licensing Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 925, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-101 as it existed prior to 2019. 12-130-102. Legislative declaration. The general assembly hereby finds and declares that the regulatory authority established in this article 130 is necessary to safeguard the health, safety, and welfare of the people of Colorado by preventing the improper design of public domain landscape infrastructure by unauthorized, unqualified, and incompetent persons. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 925, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-102 as it existed prior to 2019. 12-130-103. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 130. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 925, § 1, effective October 1. 12-130-104. Definitions. As used in this article 130, unless the context otherwise requires: (1) "Board" means the state board of landscape architects, created in section 12-130-106. (2) "Habit-forming drug" means a drug or medicine required to be labeled under section 25-5-415 or the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq., as a habitforming drug. (3) "Infrastructure" means elements of the public domain that support developments such as roads, streets, parks, plazas, and other places that are not privately owned and managed. Colorado Revised Statutes 2019 Page 284 of 890 Uncertified Printout (4) "Landscape architect" means a person who engages in the practice of landscape architecture. (5) "Plan" means to prepare layouts and schemes for land areas, infrastructure systems, facilities, or objects and includes technical documentation. (6) (a) "Practice of landscape architecture" means: (I) The application of landscape architectural higher education, training, and experience as well as required mathematical, physical, and social science skills to consult, evaluate, plan, and design projects and improvements principally directed at the functional and aesthetic uses of land; (II) Collaboration with architects and engineers during the design of public infrastructure projects such as roads, bridges, buildings, and other structures, concerning the functional and aesthetic requirements of the area and project site; or (III) Assistance in the preparation and administration of construction documents, contracts, and contract offers related to site landscape improvements. (b) "Practice of landscape architecture" does not include acts exempted by section 12130-117. (7) "Substantial gift" means a gift, donation, or other consideration sufficient to influence a person to act in a specific manner. The term does not include a gift of nominal value such as reasonable entertainment or hospitality or an employer's reward to an employee for work performed. (8) "Supervision" means the actions taken by a landscape architect in directing, personally reviewing, correcting, or approving the work performed by an employee or subcontractor of the landscape architect. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 925, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-103 as it existed prior to 2019. 12-130-105. License required. On and after January 1, 2008, a person shall not practice landscape architecture or represent himself or herself as a landscape architect unless the person has a license issued by the board. A person licensed by the board is entitled to use the stamp specified in section 12-130-116, which shall constitute a professional credential attesting to the minimum competence of the landscape architect. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 926, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-104 as it existed prior to 2019. 12-130-106. Board - composition - appointments - terms. (1) There is hereby created in the division the Colorado state board of landscape architects. The board shall consist of five members who shall have the following qualifications: (a) Three members shall: (I) Be licensed landscape architects in Colorado; Colorado Revised Statutes 2019 Page 285 of 890 Uncertified Printout (II) Have at least three years of experience in the practice of landscape architecture; and (III) Be residents of the state of Colorado; (b) (I) Two members shall: (A) Not be licensed landscape architects nor practice landscape architecture in any jurisdiction; (B) Not have a current or prior significant personal or financial interest in the practice of landscape architecture; and (C) Be residents of the state of Colorado. (II) Of the two members appointed pursuant to this subsection (1)(b), one member shall be a building or landscape contractor in Colorado. (2) Appointments to the board shall be made by the governor and shall be made to provide for staggering of terms of members so that not more than two members' terms expire each year. Thereafter appointments shall be for terms of four years. Each board member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed and qualified. Appointees shall be limited to two full terms. The governor may remove a member of the board for misconduct, incompetence, neglect of duty, or an act that would justify the revocation of the board member's license to practice landscape architecture, if applicable. (3) The board shall meet on or before August 30 of each year and elect from its members a chair and vice-chair. The board shall meet at other times as it deems necessary, but not less than twice a year. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 927, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-105 as it existed prior to 2019. 12-130-107. Powers and duties of board - rules. (1) The board shall have the following powers and duties: (a) To promulgate rules pursuant to section 12-20-204; (b) To examine license applicants for qualifications; (c) To review special cases as authorized in this article 130; (d) To grant the licenses of duly qualified applicants to practice landscape architecture in accordance with this article 130; (e) To adopt and use a seal; (f) To conduct hearings in accordance with sections 12-20-403 and 24-4-105 upon complaints concerning the conduct of landscape architects; (g) To refer for prosecution by the district attorney or the attorney general persons violating this article 130; (h) To require a licensed landscape architect to have a stamp as prescribed by the board; and (i) To take disciplinary or other action as authorized in section 12-20-404 against or censure any person who, while holding a landscape architect license, violates any provision of this article 130; issue cease-and-desist orders under the circumstances and in accordance with the Colorado Revised Statutes 2019 Page 286 of 890 Uncertified Printout procedures specified in section 12-20-405; or impose other conditions or limitations on a licensee. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 927, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-107 as it existed prior to 2019. 12-130-108. Records. (1) The board shall keep a record of its proceedings, a register of all applications for licensing, and other information deemed necessary by the board. (2) The records of the board shall be public records pursuant to article 72 of title 24. Copies of records and papers of the board or the department concerning the administration of this article 130, when certified and authenticated by seal, shall be received by a court in the same manner as original documents. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 928, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-109 as it existed prior to 2019. 12-130-109. Licensure - application - qualifications - rules. (1) Application. (a) An application for licensure shall include evidence of the education and practical experience required by this section and the rules of the board. (b) A person applying for licensure under this article 130 shall disclose whether he or she has been denied licensure or disciplined as a landscape architect or practiced landscape architecture in violation of this article 130. If an applicant has violated this article 130, the board may deny an application for licensure. When determining whether a person has violated this article 130, section 24-5-101 shall govern the board's actions. (c) Applicants may seek licensure in one of the following manners: (I) Licensure by examination as described in subsection (3) of this section; (II) Licensure by endorsement as described in subsection (4) of this section; or (III) Licensure by prior practice as described in subsection (5) of this section. (2) Education and experience. The board shall set minimum educational and experience requirements for licensure by examination, subject to the following guidelines: (a) The board may require either: (I) (A) Practical experience for a specified period, not to exceed three years, or education or experience determined by the board to be substantially equivalent; and (B) A professional degree from a program accredited by the Landscape Architectural Accreditation Board, or any successor organization, or education or experience determined by the board to be substantially equivalent; or (II) Practical experience for a specified period, not to exceed ten years, under the direct supervision of a licensed landscape architect or a landscape architect with an equivalent level of competence as defined by rules of the board; or (III) A combination of such practical experience and education, not to exceed ten years. Colorado Revised Statutes 2019 Page 287 of 890 Uncertified Printout (b) One year of the experience required by this subsection (2) may be practical field experience in construction techniques, teaching, or research in a program accredited by the Landscape Architectural Accreditation Board or an equivalent successor organization. (c) Subject to review and approval by the board pursuant to rules, a graduate of an unaccredited program of landscape architecture or a related field shall be eligible to substitute education for the practical experience required by the board pursuant to this subsection (2). (d) (I) Prior to licensure, an applicant by examination shall pass an examination developed or adopted by the board that measures the minimum level of competence necessary to be a licensed landscape architect. The board shall designate and notify applicants of the time and location for examinations. The board may engage a private contractor to administer the examinations. (II) The board may adopt the examinations, recommended grading procedures, and educational and practical experience requirements and equivalents of the Council of Landscape Architectural Registration Boards or a successor organization if the examinations, procedures, and requirements and equivalents do not conflict with the requirements of this article 130. (3) Licensure by examination. (a) Before being licensed pursuant to this subsection (3), an applicant for licensure by examination shall pass an examination developed or adopted by the board to measure the minimum level of competence. (b) The board shall designate a time and location for examinations and shall notify applicants of this time and location in a timely manner. The board may contract for assistance in administering the examinations. (c) The board may adopt the examinations, recommended grading procedures, and educational and practical experience requirements of the Council of Landscape Architectural Registration Boards or any substantially equivalent successor organization if the examinations, procedures, and requirements do not conflict with the requirements of this article 130. (4) Licensure by endorsement. (a) An applicant for licensure by endorsement shall file an application as prescribed by the board and shall hold a current valid license or registration in a jurisdiction requiring qualifications substantially equivalent to those required for licensure by subsections (2) and (3) of this section. (b) The board shall provide procedures for an applicant to apply directly to the board for a license by endorsement. A certified record from the Council of Landscape Architectural Registration Boards, or its successor organization, shall qualify a candidate to submit an application to the board for licensure by endorsement. (c) The board may develop or adopt a supplementary examination to measure the minimum competence of applicants for licensure by endorsement. The supplementary examination shall be administered at the discretion of the board when an applicant for licensure by endorsement has otherwise failed to sufficiently demonstrate minimum competence. (5) Licensure by prior practice. (a) The board shall adopt rules authorizing the issuance of a license to qualified candidates who practiced landscape architecture before January 1, 2008. (b) The following evidence, as verified by the board, shall be acceptable as proof that a candidate is qualified for licensure by prior practice: (I) (A) A diploma or certificate of graduation from a landscape architecture degree program accredited by the Landscape Architectural Accreditation Board or its successor organization; and Colorado Revised Statutes 2019 Page 288 of 890 Uncertified Printout (B) Evidence of at least six years of practical experience in the practice of landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture; or (II) Evidence that the applicant has at least ten years of practical experience in the practice of landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture. (c) All experience required to qualify for licensure by prior practice shall be obtained before January 1, 2008; except that one year of required experience for licensure by prior practice may accrue after January 1, 2008. (d) The board may develop or adopt a supplementary examination to measure the minimum competence of applicants for licensure by prior practice. The supplementary examination shall be administered at the discretion of the board when an applicant for licensure by prior practice has otherwise failed to sufficiently demonstrate minimum competence. (6) Issuance of license. Upon application and satisfaction of the requirements of this section, the board shall issue a license to practice landscape architecture. The board is not required to issue a license if the applicant is subject to discipline pursuant to this article 130. (7) Lapse of application. If an applicant fails to meet the licensing requirements within three years after filing an application, the application shall be void. The board may authorize an applicant for licensure by examination to reattempt the examination without limitation and may exempt an applicant from this subsection (7) so long as the applicant reattempts the examination within thirty-one months after the last examination. (8) Renewal and reinstatement. All licenses issued pursuant to this article 130 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to penalties provided in this article 130 or in section 12-20-202 (1). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 929, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-110 as it existed prior to 2019. 12-130-110. Fees. The director shall establish a schedule of reasonable fees for applications, licenses, renewal of licenses, inactive status, and late Fees. The fees shall be set, collected, and credited pursuant to section 12-20-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 931, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-111 as it existed prior to 2019. 12-130-111. Professional liability - insurance. (1) The shareholders, members, or partners of an entity that practices landscape architecture are liable for the acts, errors, and omissions of the employees, members, and partners of the entity, except when the entity maintains a qualifying policy of professional liability insurance as set forth in subsection (2) of this section. Colorado Revised Statutes 2019 Page 289 of 890 Uncertified Printout (2) (a) A qualifying policy of professional liability insurance shall meet the following minimum standards: (I) The policy shall insure the entity against liability imposed upon it by law for damages arising out of the negligent acts, errors, and omissions of all professional and nonprofessional employees, members, and partners; and (II) The insurance shall be in a policy amount of at least seventy-five thousand dollars multiplied by the total number of landscape architects in or employed by the entity, up to a maximum of five hundred thousand dollars. (b) In addition, the policy may include: (I) A provision stating that the policy shall not apply to the following: (A) A dishonest, fraudulent, criminal, or malicious act or omission of the insured entity or of any stockholder, employee, member, or partner of the insured entity; (B) The conduct of a business enterprise that is not the practice of landscape architecture by the insured entity; (C) The conduct of a business enterprise in which the insured entity may be a partner or that may be controlled, operated, or managed by the insured entity in its own or in a fiduciary capacity, including, but not limited to, the ownership, maintenance, or use of property; (D) Bodily injury, sickness, disease, or death of a person; or (E) Damage to, or destruction of, tangible property owned by the insured entity; (II) Any other reasonable provisions with respect to policy periods, territory, claims, conditions, and ministerial matters. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 932, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-112 as it existed prior to 2019. 12-130-112. Grounds for disciplinary action. (1) The board shall investigate the activities of a licensee or other person upon its own motion or upon the receipt of a written, signed complaint alleging grounds for disciplinary action under this article 130. (2) Grounds for disciplinary action shall include: (a) Fraud or a material misstatement of fact made in procuring or attempting to procure a license; (b) An act or omission that fails to meet the generally accepted standards of the practice of landscape architecture and that endangers life, health, property, or the public welfare; (c) Fraud or deceit in the practice of landscape architecture; (d) Affixing a seal or authorizing a seal to be affixed to a document if the act misleads another into incorrectly believing that a licensed landscape architect was the document's author or was responsible for its preparation; (e) Violation of or aiding or abetting in the violation of this article 130, an applicable provision of article 20 of this title 12, a rule promulgated by the board under section 12-20-204 or this article 130, or an order of the board issued under this article 130; (f) Being convicted of or pleading nolo contendere to a felony in Colorado or to any crime outside Colorado that would constitute a felony in Colorado, if the felony or other crime concerns the practice of landscape architecture. A certified copy of the judgment of a court of Colorado Revised Statutes 2019 Page 290 of 890 Uncertified Printout competent jurisdiction of a conviction or plea shall be presumptive evidence of the conviction or plea in any hearing under this article 130. The board shall be governed by sections 12-20-202 (5) and 24-5-101 when considering the conviction or plea. (g) Use of false, deceptive, or misleading advertising; (h) Habitual or excessive use or abuse of alcohol or a habit-forming drug or habitual use of a controlled substance, as defined in section 18-18-102 (5), or other drug having similar effects, when the use or abuse renders the landscape architect unfit to engage in the practice of landscape architecture; (i) Use of a schedule I controlled substance, as defined in section 18-18-203; (j) Failure to report to the board a landscape architect known to have violated this article 130 or any board order or rule. Potential violations of this subsection (2)(j) include knowledge of an action or arbitration in which claims regarding the life and safety of the users of a site are alleged. (k) Making or offering a substantial gift to influence a prospective or existing client or employer to use or refrain from using a specific landscape architect; (l) Failure to exercise adequate professional supervision of persons assisting in the practice of landscape architecture under a licensed landscape architect; (m) Performing services beyond the competence, training, or education of a landscape architect; (n) Selling, fraudulently obtaining, or fraudulently furnishing a license or renewal of a license to practice landscape architecture; (o) Practicing landscape architecture or advertising, representing, or holding oneself out as a licensed landscape architect or using the title "landscape architect" or "licensed landscape architect" unless the person is licensed pursuant to this article 130; or (p) Otherwise violating any provision of this article 130. (3) A disciplinary action in another state or jurisdiction taken on grounds that would constitute a violation under this article 130 shall be prima facie evidence of grounds for disciplinary action under this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 932, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-113 as it existed prior to 2019. 12-130-113. Disciplinary actions by board - procedures. (1) The board may take disciplinary or other action as authorized in section 12-20-404, may place conditions or limitations on a license, or may impose a censure if, after notice and hearing, the board determines that a licensee has committed any of the acts specified in section 12-130-112. (2) The board may issue and send to a licensee, by certified mail, a written letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4). (3) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5). The confidential letter of concern and notice of the issuance of the letter shall be sent to the licensee by certified mail. Issuance of a confidential letter of concern shall not be construed to be discipline. Colorado Revised Statutes 2019 Page 291 of 890 Uncertified Printout (4) If the board determines that a person licensed to practice landscape architecture pursuant to this article 130 is subject to disciplinary action under this section, the board may, in lieu of or in addition to other discipline, require a licensee to take courses of professional training or education. The board shall determine the educational conditions to be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee shall furnish proof of satisfactory completion of the training or education. (5) Any disciplinary action taken by the board shall be in accordance with the provisions of section 12-20-403 and article 4 of title 24. (6) In addition to the penalties provided for in this section, and in lieu of revoking a license upon a finding of misconduct by the board, a person who violates this article 130 or rules promulgated pursuant to section 12-20-204 or this article 130 may be punished by a fine not to exceed five thousand dollars. (7) On its own motion or upon application after the imposition of discipline, the board may reconsider its prior action and reinstate a license, terminate suspension or probation, or reduce the severity of its prior disciplinary action. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 934, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-114 as it existed prior to 2019. 12-130-114. Unauthorized practice - penalties. (1) Any person who practices or offers or attempts to practice landscape architecture without an active license issued under this article 130 is subject to penalties pursuant to section 12-20-407 (1)(a). (2) A violation of this section may be prosecuted by the district attorney of the judicial district in which the offense was committed or by the attorney general of the state of Colorado in the name of the people of the state of Colorado. In such action, the court may issue an order, enter judgment, or issue a preliminary or final injunction. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 937, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-115 as it existed prior to 2019. 12-130-115. Judicial review. Section 12-20-408 governs judicial review of a final action or order of the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 937, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-116 as it existed prior to 2019. 12-130-116. Landscape architect's stamp - rules. (1) A licensed landscape architect shall obtain a stamp of a design authorized by the board. The stamp shall bear the name, date of Colorado Revised Statutes 2019 Page 292 of 890 Uncertified Printout licensing, and license number of the landscape architect, together with the legend "Colorado Licensed Landscape Architect". (2) A landscape architect's records and documents shall be prepared, recorded, and retained in the following manner: (a) The stamp, signature of the landscape architect whose name appears on the stamp, and date of the landscape architect's signature shall be placed on reproductions of drawings to establish a record set of contract documents. (b) The record set shall be prominently identified and shall be for the permanent record of the landscape architect, the project owner, and the regulatory authorities who have jurisdiction over the project. (c) The stamp and the date the document is stamped shall be placed on the cover, title page, and table of contents of specifications and on each reproduction of drawings prepared under the direct supervision of the landscape architect. (d) Subsequently issued addenda, revisions, clarifications, or other modifications shall be properly identified and dated for the record set. (e) Where consultant drawings and specifications are incorporated into the record set, their origin shall be clearly identified and dated to distinguish them from stamped documents. (f) Except as required for compliance with a federal contract, the landscape architect shall not stamp reproductions or copies that are transferred from the landscape architect's possession or supervision. (g) A record set shall be retained by the landscape architect for a minimum of three years after beneficial occupancy or beneficial use of the project. (h) One original document may be stamped, signed, and dated as required for federal government contracts. (3) The board, by rule, may authorize the use of an electronic stamp, an electronic seal, and recording of electronic records in a manner substantially equivalent to the requirements of subsections (1) and (2) of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 937, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-117 as it existed prior to 2019. 12-130-117. Exemptions. (1) The following shall be exempt from the provisions of this article 130: (a) The practice of architecture by licensed architects pursuant to part 4 of article 120 of this title 12; (b) The practice of professional engineering by registered professional engineers pursuant to part 2 of article 120 of this title 12; (c) The practice of professional land surveying by licensed land surveyors pursuant to part 3 of article 120 of this title 12; (d) Residential landscape design, consisting of landscape design services for single- and multi-family residential properties of four or fewer units not including common areas; (e) The design of irrigation systems by professionals qualified by appropriate experience or certification; and Colorado Revised Statutes 2019 Page 293 of 890 Uncertified Printout (f) Landscape installation and construction services, including, but not limited to, all contracting services not within the scope of the practice of landscape architecture. (2) Nothing in this article 130 shall prohibit or limit a municipality or county of this state, in the reasonable exercise of its police power, from adopting codes that may be necessary for the protection of the inhabitants of the municipality or county. (3) Nothing in this article 130 shall be construed to limit or extend the rights of another profession or craft. (4) Nothing in this article 130 shall be construed to prohibit the practice of landscape architecture by any employee of the United States government or any bureau, division, or agency of the United States while discharging his or her official duties. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 938, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-118 as it existed prior to 2019. 12-130-118. Architecture, engineering, and surveying. Nothing in this article 130 shall be construed to authorize a landscape architect to engage in the practice of architecture, as defined in part 4 of article 120 of this title 12, the practice of engineering, as defined in part 2 of article 120 of this title 12, or professional land surveying, as defined in part 3 of article 120 of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 938, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-119 as it existed prior to 2019. 12-130-119. Repeal of article - subject to review. This article 130 is repealed, effective September 1, 2028. Before the repeal, the licensing of landscape architects by the board is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1. Editor's note: This section is similar to former § 12-45-120 as it existed prior to 2019. ARTICLE 135 Mortuaries and Crematories Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 135 was numbered as article 54 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. Colorado Revised Statutes 2019 Page 294 of 890 Uncertified Printout PART 1 MORTUARY SCIENCE CODE 12-135-101. Short title. The short title of this article 135 is the "Mortuary Science Code". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-101 as it existed prior to 2019. 12-135-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 135. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1. 12-135-103. Definitions. As used in this article 135, unless the context otherwise requires: (1) "Alternative container" means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and is made of fiberboard, pressed wood, composition materials, or other similar materials. (2) "Casket" means a rigid container that is designed for the encasement of human remains and is ornamented and lined with fabric. (3) "Cremated remains" or "cremains" means all human remains recovered after cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions. (4) "Cremation" or "cremate" means the reduction of human remains to essential elements, the processing of the remains, and the placement of the processed remains in a cremated remains container. (5) "Cremation chamber" means the enclosed space inside of which human remains are cremated. (6) "Cremation container" means a container in which the human remains are transported to the crematory and intended to be placed in the cremation chamber. (7) "Cremationist" means a person who cremates or prepares for cremation human remains. (8) "Crematory" means a building, facility, establishment, or structure where human remains are cremated. (9) "Custodian" means the person with possession and control of human remains. (10) "Designee" means an individual designated by a funeral establishment registered in accordance with section 12-135-110 or 12-135-303. (11) "Embalm" or "embalming" means the disinfection and temporary preservation of human remains by chemically treating the body to reduce the presence and growth of organisms, to retard organic decomposition, or to attempt restoration of the physical appearance. Colorado Revised Statutes 2019 Page 295 of 890 Uncertified Printout (12) "Embalmer" means any person who embalms, or prepares for embalming, human remains for compensation. (13) "Final disposition" means the disposition of human remains by entombment, burial, cremation, or removal from the state. (14) "Funeral", "funeral service", or "funeral ceremony" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is present. (15) "Funeral director" means a person who, for compensation: (a) Arranges, directs, or supervises funerals, memorial services, or graveside services; or (b) Prepares human remains for final disposition by means other than embalming. (16) "Funeral establishment", "funeral home", or "mortuary" means: (a) An establishment that holds, cares for, or prepares human remains prior to final disposition, including a crematory or embalming room; except that this subsection (16)(a) does not apply to establishments in which individuals regularly die; (b) An establishment that holds itself out to the general public as providing funeral goods and services; (c) Facilities used to hold, care for, or prepare human remains prior to final disposition; except that this subsection (16)(c) does not apply to facilities in which individuals regularly die; or (d) An establishment that provides funeral or memorial services to the public for compensation. (17) "Funeral goods" means goods that are sold or offered for sale directly to the public for use in connection with funeral or cremation services. (18) "Funeral services" means: (a) Preparation of human remains for final disposition; except that this subsection (18)(a) does not apply to cremation; (b) Arrangement, supervision, or conduct of the funeral ceremony or the final disposition of human remains; or (c) Transportation of human remains to or from a funeral establishment. (19) "Human remains" means the physical remains of a dead human. (20) "Implanted device" means a mechanical device that may explode or cause damage to crematory equipment. (21) "Memorial service" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is not present. (22) "Mortuary science practitioner" means a person who, for compensation, does the following or offers to do the following: (a) Embalms or cremates human remains; (b) Arranges, directs, or supervises funerals, memorial services, or graveside services; or (c) Prepares human remains for final disposition. (23) "Next of kin" means a family member or members of the deceased who, under Colorado law, have legal authority over the disposition of human remains. (24) "Ossuary" means a receptacle used for the communal placement of cremated remains, without using an urn or other container, in which cremated remains are commingled with other cremated remains. (25) "Preneed contract" means a preneed contract as defined in section 10-15-102 (13). Colorado Revised Statutes 2019 Page 296 of 890 Uncertified Printout (26) "Preparation of the body" means embalming, washing, disinfecting, shaving, dressing, restoring, casketing, positioning, caring for the hair of or applying cosmetics to human remains. (27) "Processing" means the removal of foreign objects from cremated remains and the reduction of the remains by mechanical means to granules appropriate for final disposition. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 939, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-102 as it existed prior to 2019. 12-135-104. Funeral establishment - subcontractor. (1) A funeral establishment shall have the appropriate equipment and personnel to adequately provide the funeral services it contracts to provide and shall provide written notice to the consumer specifying any subcontractors or agents routinely handling or caring for human remains. To comply, the notice must be given when the consumer inquires about the goods or services the funeral establishment provides and must include the names and addresses of the subcontractors, agents, or other providers; except that, if the inquiry is over the telephone, the written notice must be provided when the customer finalizes the arrangements for goods or services with the funeral establishment. (2) A funeral establishment shall retain all documents and records concerning the final disposition of human remains for at least seven years after the disposition. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 941, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-103 as it existed prior to 2019. 12-135-105. Unlawful acts. (1) It is unlawful: (a) To disinfect or preserve or to make final disposition of human remains with knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the deceased until the permission of the coroner, deputy coroner, or district attorney, if there is no coroner, has been first obtained; (b) To discriminate because of race, creed, color, religion, disability, sex, sexual orientation, marital status, national origin, or ancestry in the provision of funeral services; (c) For any public officer or employee or any other person having a professional relationship with the decedent to approve or cause the final disposition of human remains in violation of this article 135; (d) For a person in the business of paying for or providing death benefits, funerals, funeral ceremonies, final dispositions, or preneed contracts to pay or provide benefits in a manner that deprives the next of kin or legal representative of the right to use those payments or benefits at a funeral establishment of his or her choice; (e) For a funeral director, mortuary science practitioner, embalmer, funeral establishment, or facility in which people regularly die or the person's or facility's agent to Colorado Revised Statutes 2019 Page 297 of 890 Uncertified Printout engage in a business practice that interferes with the freedom of choice of the general public to choose a funeral director, mortuary science practitioner, embalmer, or funeral establishment; (f) For a county coroner to violate section 30-10-619; (g) To transport or otherwise transfer by common carrier human remains unless: (I) A funeral director, mortuary science practitioner, or embalmer has embalmed or hermetically sealed the body for transportation and complies with applicable common carrier law; or (II) The transport or transfer is to a funeral establishment, funeral director, or embalmer within the state of Colorado; (h) To advertise as holding a degree, a certificate of registration, a professional license, or a professional certification issued by a state, political subdivision, or agency unless the person holds the degree, registration, license, or certification and it is current and valid at the time of advertisement; (i) For a funeral director, mortuary science practitioner, or embalmer to admit or permit any person to visit the embalming, cremation, or preparation room during the time a body is being embalmed, cremated, or prepared for final disposition, unless the person: (I) Is a funeral director, mortuary science practitioner, cremationist, or embalmer; (II) Is an authorized employee of a funeral establishment; (III) Has the written consent of the next of kin of the deceased person or of a person having legal authority to give permission in the absence of any next of kin; (IV) Enters by order of a court of competent jurisdiction or is a peace officer as described in article 2.5 of title 16; (V) Is a student enrolled in a mortuary science program; (VI) Is a registered or licensed nurse with a medical reason to be present; (VII) Is a licensed physician or surgeon with a medical reason to be present; (VIII) Is a technician representing a procurement organization as defined in section 1519-202 for purposes of an anatomical gift; or (IX) Is the director or the director's designee; (j) To refuse to properly and promptly release human remains or cremated remains to the custody of the person who has the legal right to effect the release whether or not any costs have been paid; (k) To tell a person that a casket is required when the expressed wish is for immediate cremation; (l) To embalm or cremate human remains without obtaining permission from the person with the right of final disposition unless otherwise required by section 12-135-106; (m) To prohibit, hinder, or restrict or to attempt to prohibit, hinder, or restrict the following: (I) The offering or advertising of immediate cremation, advance funeral arrangements, or low-cost funerals; (II) Arrangements between memorial societies and funeral industry members; or (III) A funeral service industry member from disclosing accurate information concerning funeral merchandise and services; (n) To engage in willfully dishonest conduct or commit negligence in the practice of embalming, funeral directing, or providing for final disposition that defrauds or causes injury or is likely to defraud or cause injury; Colorado Revised Statutes 2019 Page 298 of 890 Uncertified Printout (o) To fail to include in a contract for funeral services the following statement: "INQUIRIES REGARDING YOUR FUNERAL AGREEMENT MAY BE DIRECTED TO THE DEPARTMENT OF REGULATORY AGENCIES", along with the current address or telephone number of the department; (p) For a person owning an indirect interest with more than ten-percent ownership in a funeral establishment or for a person owning a direct interest in a funeral establishment to own an indirect interest with more than ten-percent ownership in a nontransplant tissue bank, as defined in section 12-140-102 (3), or to own a direct interest in a nontransplant tissue bank. (2) For purposes of this section only, "next of kin" shall not include any person who is arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18 involving the death of the deceased person. If charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body, this subsection (2) shall not apply. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 942, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-104 as it existed prior to 2019. 12-135-106. Care of bodies required - public health. A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 944, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-105 as it existed prior to 2019. 12-135-107. Consumer protection. (1) A funeral establishment whose services are purchased shall make every reasonable attempt to fulfill the expressed needs and desires of the person with the right of final disposition, and shall make a full disclosure of all its available services and merchandise to the arrangers prior to selection of the casket. (2) Before a person selects the funeral, the funeral establishment shall provide a written itemized list of the prices of all available merchandise and individual services at that funeral establishment. Full disclosure shall also be made in the case of a memorial service and as to use of funeral merchandise and facilities. In no event shall the person be required to purchase services or products contained on the itemized list that are not desired for the funeral unless the services or goods are required by law. (3) Any statements of legal or practical requirements shall be complete and accurate, including the conditions under which embalming is required or advisable. Representations as to the use or necessity of a casket or alternative container in connection with a funeral or alternatives for final disposition shall be truthful and shall disclose all pertinent information. (4) When quoting funeral prices, either orally, by use of a disclosure statement, or by a final bill, the funeral establishment shall only list those items as cash advances or Colorado Revised Statutes 2019 Page 299 of 890 Uncertified Printout accommodation items that are paid for or could be paid for by the next of kin in the same amount that is paid by the funeral home. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 944, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-106 as it existed prior to 2019. 12-135-108. Violations and penalties. Any person who violates this part 1 or part 3 of this article 135 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than twenty-four months or by both such fine and imprisonment. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 944, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-107 as it existed prior to 2019. 12-135-109. Exceptions - safe harbor. (1) This part 1 shall not apply to, or in any way interfere with, the duties of the following persons: (a) An officer of a public institution; (b) An officer of a medical college, county medical society, anatomical association, or college of embalming; or (c) A person acting under the authority of part 3 of article 19 of title 15. (2) (a) This part 1 shall not apply to, nor in any way interfere with, any custom or rite of any religious sect in the burial of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and bury the bodies of deceased members of the religious sect, free from any term or condition, or any provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death. (b) If human remains are refrigerated or embalmed pursuant to subsection (2)(a) of this section, the body must be interred, frozen, or cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this subsection (2)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen uncontrollable circumstances or by a criminal investigation. (c) Notwithstanding this subsection (2), upon the receipt of evidence that the human remains likely contained a serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection (2). (3) A person who sells or offers to sell caskets, urns, or other funeral goods, but does not provide funeral services, shall not be subject to this article 135. (4) If a funeral director, mortuary science practitioner, or embalmer has acted in good faith, the funeral director, mortuary science practitioner, or embalmer may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that: Colorado Revised Statutes 2019 Page 300 of 890 Uncertified Printout (a) The person knows of no document expressing the deceased's wishes for final disposition that qualifies to direct the final disposition under section 15-19-104; (b) The person has made a reasonable effort under section 15-19-106 to contact each person with the right of final disposition and to learn his or her wishes; and (c) The person knows of no objections to the final disposition. (5) (a) (I) A funeral establishment, funeral director, or mortuary science practitioner may dispose of cremated remains at the expense of the person with the right of final disposition one hundred eighty days after cremation if the person was given clear prior notice of this subsection (5)(a) and a reasonable opportunity to collect the cremated remains, the exact location of the final disposition and the costs associated with the final disposition are recorded, and the recovery of the cremated remains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the funeral establishment, funeral director, or mortuary science practitioner. (II) A funeral establishment, funeral director, or mortuary science practitioner may comply with this subsection (5)(a) by transferring the cremated remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (5)(a). (III) If cremated remains are not claimed by the person with the right of final disposition within three years after cremation, a funeral establishment, funeral director, or mortuary science practitioner may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes. (IV) The custodian is not liable for the loss or destruction of records required to be kept by this subsection (5)(a) if the loss or destruction was not caused by the custodian's negligence. (b) If the person was cremated prior to July 1, 2003, and the funeral director or mortuary science practitioner reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (5), the cremated remains may be disposed of in accordance with this subsection (5) notwithstanding a failure to provide the notice of the provisions of this subsection (5) to the person with the right of final disposition prior to disposing of the remains. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 945, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-108 as it existed prior to 2019. 12-135-110. Registration required. (1) Unless practicing at a registered funeral establishment pursuant to this section, a person shall not practice as, or offer the services of, a mortuary science practitioner, funeral director, or embalmer, nor shall the funeral establishment sell or offer to sell funeral goods and services to the public. (2) (a) Each funeral establishment shall register with the director using forms as determined by the director. The registration shall include the following: (I) The specific location of the funeral establishment; (II) The full name and address of the designee appointed pursuant to subsection (3) of this section; Colorado Revised Statutes 2019 Page 301 of 890 Uncertified Printout (III) The date the funeral establishment began doing business; and (IV) A list of each of the following services provided at each funeral establishment location: (A) Refrigerating or holding human remains; (B) Embalming human remains; (C) Transporting human remains to or from the funeral establishment or the place of final disposition; (D) Providing funeral goods or services to the public; and (E) Selling preneed contracts. (b) Each funeral establishment registration shall be renewed, according to a schedule established by the director in accordance with section 12-20-202 (1), in a form as determined by the director. (c) If, after initial registration, the funeral establishment provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the funeral establishment shall submit an amended registration within thirty days after beginning to provide the new service. (d) If, after initial registration, the funeral establishment appoints a new designee, the funeral establishment shall submit an amended registration within thirty days after appointing the designee. (e) Registrations issued pursuant to this part 1 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (3) Each funeral establishment shall appoint an individual as the designee of the funeral establishment. A designee shall: (a) Be at least eighteen years of age; (b) Have at least two years' experience working for a funeral establishment; (c) Be employed by the registered funeral establishment that the designee represents; (d) Have the authority within the funeral establishment's organization to require that personnel comply with this article 135; and (e) Not be designated for more than one funeral establishment unless the additional establishment is operated under common ownership and management and no funeral establishment is more than sixty miles from another establishment held under the same ownership conditions. (4) The designee shall require each person employed at the funeral establishment to demonstrate evidence of compliance with section 12-135-111. The designee shall retain the records of the evidence of compliance so long as the person is employed at the funeral establishment. (5) This section shall not require the registration of a nonprofit organization that only provides education or support to an individual who intends to provide for final disposition of human remains. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 946, § 1, effective October 1. Editor's note: (1) This section is similar to former § 12-54-110 as it existed prior to 2019. Colorado Revised Statutes 2019 Page 302 of 890 Uncertified Printout (2) This section is repealed, effective July 1, 2024, pursuant to § 12-135-406. 12-135-111. Title protection. (1) A person shall not advertise, represent, or hold himself or herself out as or use the title of a "mortuary science practitioner" unless the person: (a) Has at least two thousand hours practicing or interning as a mortuary science practitioner, including, without limitation, experience in cremation and embalming; (b) Has graduated with a certificate, diploma, or degree in mortuary science from: (I) A program accredited by the American Board of Funeral Service Education or its successor, if the successor is approved by the director, and the program is part of a school of higher education; or (II) A school of higher education accredited by the American Board of Funeral Service Education or its successor, if the successor is approved by the director; and (c) Has taken the mortuary science test, known as the national board examination, administered by the International Conference of Funeral Service Examining Boards or its successor, if the successor is approved by the director, and received a passing score. (2) A person shall not advertise, represent, or hold oneself out as or use the title of a "funeral director" unless the applicant: (a) Has at least two thousand hours practicing or interning as a funeral director; and (b) Has directed at least fifty funerals or graveside services. (3) A person shall not advertise, represent, or hold oneself out as or use the title of an "embalmer" unless the applicant: (a) Has at least four thousand hours practicing or interning as an embalmer; and (b) Has embalmed at least fifty human remains. (4) For purposes of this section, intern or practice hours from Colorado or any other state shall meet the standards set by this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 948, § 1, effective October 1. Editor's note: (1) This section is similar to former § 12-54-111 as it existed prior to 2019. (2) This section is repealed, effective July 1, 2024, pursuant to § 12-135-406. 12-135-112. Standards of practice - embalming - transporting. (1) A funeral establishment that performs embalming shall: (a) Maintain a sanitary preparation room with sanitary flooring, drainage, and ventilation; (b) Employ universal biological hazard precautions; (c) Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains; (d) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the funeral establishment; and (e) Transport human remains in a safe and sanitary manner. (2) A funeral establishment that transports human remains shall: (a) Use a motor vehicle that is appropriate for the transportation of human remains; and Colorado Revised Statutes 2019 Page 303 of 890 Uncertified Printout (b) Transport human remains in a safe and sanitary manner. (3) A funeral establishment shall remove any implanted device in human remains before transporting the body to a crematory. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 949, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-112 as it existed prior to 2019. 12-135-113. Custody and responsibility - rules. (1) A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by: (a) The next of kin; (b) The county coroner or the county coroner's designee; or (c) An authorized person at the care facility where the deceased died. (2) A funeral establishment is responsible for identifying and tracking human remains from the time it takes custody of human remains until the: (a) Final disposition has occurred or the remains are returned to the person who has the right of final disposition; (b) Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or (c) Remains are released to another funeral establishment, crematory, repository, or entity as authorized by the person who has the right of final disposition. (3) The director shall adopt rules implementing this section that: (a) Establish what constitutes custody; (b) Define "care facility", "repository", and "entity"; (c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and (d) Prescribe the minimum standards for the positive identification and chain of custody of human remains. A funeral establishment may use the establishment's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 949, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-113 as it existed prior to 2019. PART 2 ASSESSMENT OF MORTUARIES 12-135-201. Mortuaries in cemeteries not exempt. No person, firm, association, partnership, or corporation engaged in the ownership, operation, or management of a cemetery or mausoleum in this state that is exempt from payment of general property taxes, shall, either directly or indirectly, own, manage, conduct, or operate a funeral home or mortuary in the Colorado Revised Statutes 2019 Page 304 of 890 Uncertified Printout cemetery or mausoleum, or adjacent thereto and in connection therewith, unless the cemetery or mausoleum and funeral home or mortuary is listed for assessment purposes. The attorney general, county attorney, or any interested party may maintain injunction proceedings to prevent any violation of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 950, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-201 as it existed prior to 2019. Cross references: For exemption of cemetery corporation property, see § 7-47-106. PART 3 CREMATION 12-135-301. Unlawful acts. (1) It is unlawful for a crematory: (a) To discriminate because of race, creed, color, religion, sex, marital status, sexual orientation, or national origin in the provision of funeral services; (b) To approve or cause the final disposition of human remains in violation of this article 135; (c) To engage in a business practice that interferes with the freedom of choice of the general public to choose a funeral director, mortuary science practitioner, cremationist, embalmer, or funeral establishment; (d) To advertise as holding a degree, a certificate of registration, a professional license, or a professional certification issued by a state, political subdivision, or agency unless the person holds the degree, registration, license, or certification and it is current and valid at the time of advertisement; (e) To admit or permit any person to visit the crematory or preparation room during the time a body is being cremated or prepared for final disposition unless the person: (I) Is a funeral director, mortuary science practitioner, or cremationist; (II) Is an authorized employee of a crematory; (III) Has the written consent of the next of kin of the deceased person or of a person having legal authority to give consent in the absence of any next of kin; (IV) Enters by order of a court of competent jurisdiction or is a peace officer as described in article 2.5 of title 16; (V) Is a student or intern enrolled in a mortuary science program; (VI) Is a registered or licensed nurse with a medical reason to be present; (VII) Is a licensed physician or surgeon with a medical reason to be present; (VIII) Is a technician representing a procurement organization as defined in section 1519-202 for purposes of an anatomical gift; or (IX) Is the director or the director's designee; (f) To refuse to properly and promptly release human remains to the custody of the person who has the legal right to effect the release, whether or not any costs have been paid, unless there is a good-faith dispute over who controls the right of final disposition; Colorado Revised Statutes 2019 Page 305 of 890 Uncertified Printout (g) To cremate human remains without obtaining permission from the person with the right of final disposition; (h) To prohibit, hinder, or restrict, or attempt to prohibit, hinder, or restrict, the following: (I) The offering or advertising of immediate cremation, advance funeral arrangements, low-cost funerals, or low-cost cremations; (II) Arrangements between memorial societies and funeral industry members; or (III) A funeral service industry member from disclosing accurate information concerning funeral merchandise and services; (i) To cremate human remains in a facility unless the facility is registered pursuant to section 12-135-303; (j) To refuse to accept human remains that are not in a casket or to require human remains to be placed in a casket at any time; (k) To allow a crematory operator to perform services beyond an operator's competency, training, or education; (l) To engage in willfully dishonest conduct or commit negligence in the practice of cremation or providing for final disposition that defrauds or causes injury or is likely to defraud or cause injury. (2) For purposes of this section only, "next of kin" shall not include any person who is arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18 involving the death of the deceased person. This subsection (2) shall not apply if charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body. (3) It is unlawful for a person owning an indirect interest with more than ten-percent ownership in a crematory or for a person owning a direct interest in a crematory to own an indirect interest with more than ten-percent ownership in a nontransplant tissue bank, as defined in section 12-140-102 (3), or to own a direct interest in a nontransplant tissue bank. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 950, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-301 as it existed prior to 2019. 12-135-302. Exceptions - safe harbor. (1) If a crematory has acted in good faith, the crematory may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that: (a) The person knows of no document expressing the deceased person's wishes for final disposition that qualifies to direct the final disposition under section 15-19-104; (b) The person has made a reasonable effort under section 15-19-106 to contact each person with the right of final disposition and to learn his or her wishes; and (c) The person knows of no objections to the final disposition. (2) (a) (I) A crematory may dispose of cremains at the expense of the person with the right of final disposition one hundred eighty days after cremation if the person was given clear prior notice of this subsection (2)(a) and a reasonable opportunity to collect the cremains; the Colorado Revised Statutes 2019 Page 306 of 890 Uncertified Printout exact location of the final disposition and the costs associated with the final disposition are recorded; and the recovery of the cremains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the crematory. (II) A crematory may comply with this subsection (2)(a) by transferring the cremated remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (2)(a). (III) If cremated remains are not claimed by the person with the right of final disposition within three years after cremation, a crematory may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes. (IV) The custodian is not liable for the loss or destruction of records required to be kept by this subsection (2)(a) if the loss or destruction was not caused by the custodian's negligence. (b) If the deceased was cremated prior to July 1, 2003, and the crematory reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (2), the remains may be disposed of in accordance with this subsection (2), notwithstanding a failure to provide the notice of the provisions of this subsection (2) to the person with the right of final disposition prior to disposing of the remains. (3) (a) This part 3 shall not apply to, nor interfere with, any custom or rite of a religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and cremate the bodies of deceased members of the religious sect if the human remains are refrigerated, frozen, or cremated within seven days after death. (b) If human remains are refrigerated pursuant to subsection (3)(a) of this section, the body must be cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this subsection (3)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen, uncontrollable circumstances or by a criminal investigation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 952, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-302 as it existed prior to 2019. 12-135-303. Registration required. (1) Unless practicing at a registered crematory under this section and except as provided in section 12-140-105 (3), a person shall not practice as, or offer the services of, a cremationist, nor shall the crematory sell or offer to sell funeral goods and services to the public. (2) (a) Each crematory shall register with the director using forms as determined by the director. The registration shall include the following: (I) The specific location of the crematory; (II) The full name and address of the designee appointed pursuant to subsection (3) of this section; (III) The date the crematory began doing business; and (IV) A list of each of the following services provided at each crematory location: Colorado Revised Statutes 2019 Page 307 of 890 Uncertified Printout (A) Refrigerating or holding human remains; (B) Transporting human remains to or from the crematory or the place of final disposition; (C) Providing funeral goods or services to the public; (D) Cremating human remains; and (E) Selling preneed contracts. (b) Each crematory registration shall be renewed, according to a schedule established by the director, in a form as determined by the director. (c) If, after initial registration, the crematory provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the crematory shall submit an amended registration within thirty days after beginning to provide the new service. (d) If, after initial registration, the crematory appoints a new designee, the crematory shall submit an amended registration within thirty days after appointing the designee. (e) Registrations issued pursuant to this part 3 are subject to the expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (3) Each crematory shall appoint an individual as the designee of the crematory. A designee shall: (a) Be at least eighteen years of age; (b) Have at least two years' experience working for a crematory; (c) Be employed by the registered crematory that the designee represents; (d) Have the authority within the crematory's organization to require that personnel comply with this article 135; and (e) Not be designated for more than one crematory unless the additional establishment is operated under common ownership and management and no crematory is more than sixty miles from another establishment held under the same ownership conditions. (4) The designee shall require each person employed at the crematory to demonstrate evidence of compliance with section 12-135-304. The designee shall retain the records of the evidence of compliance so long as the person is employed at the crematory. (5) This section shall not require the registration of a nonprofit organization that only provides education or support to an individual who intends to provide for final disposition of human remains. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 953, § 1, effective October 1. Editor's note: (1) This section is similar to former § 12-54-303 as it existed prior to 2019. (2) This section is repealed, effective July 1, 2024, pursuant to § 12-135-406. 12-135-304. Title protection. A person shall not advertise, represent, or hold oneself out as or use the title of a "cremationist" unless the applicant has at least five hundred hours practicing or interning as a cremationist and has cremated at least fifty human remains. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 954, § 1, effective October 1. Colorado Revised Statutes 2019 Page 308 of 890 Uncertified Printout Editor's note: (1) This section is similar to former § 12-54-304 as it existed prior to 2019. (2) This section is repealed, effective July 1, 2024, pursuant to § 12-135-406. 12-135-305. Records and receipts. (1) The crematory shall furnish to a person who delivers human remains to the crematory a receipt, which shall be signed by both the crematory's representative and the person who delivers the human remains. The crematory shall retain a copy of the receipt in its records pursuant to subsection (3) of this section. The receipt shall include the following: (a) The date and time of the delivery; (b) The type of casket or alternative container that was delivered; (c) The name of the person who delivered the human remains; (d) The name of any business with which the person delivering the human remains is affiliated; (e) The name of the person who received the human remains on behalf of the crematory; and (f) The name of the decedent. (2) Upon release of cremains, the crematory shall furnish to the person who receives the cremains a receipt, signed by both the crematory's representative and the person who receives the cremains. The crematory shall retain a copy of the receipt in its records pursuant to subsection (1) of this section. The receipt shall include the following: (a) The date and time of the release; (b) The name of the person to whom the cremains were released; (c) The name of the person who released the cremains on behalf of the crematory; and (d) The name of the decedent. (3) A crematory shall maintain, for at least five years and available at the registered location, a permanent record of each cremation occurring at the facility and copies of the receipts required by this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 954, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-305 as it existed prior to 2019. 12-135-306. Limited liability. A crematory shall not be liable for any valuables delivered to the crematory if the crematory exercised reasonable care in handling and protecting the valuables. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 955, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-306 as it existed prior to 2019. 12-135-307. Standards of practice - cremating. (1) A crematory shall: Colorado Revised Statutes 2019 Page 309 of 890 Uncertified Printout (a) Maintain a retort or crematory chamber that is operated at all times in a safe and sanitary manner; (b) Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains; (c) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the crematory; and (d) Transport human remains in a safe and sanitary manner. (2) (a) A crematory shall not cremate human remains unless the crematory has obtained a statement containing the following from a funeral establishment, funeral director, mortuary science practitioner, or the person with the right of final disposition: (I) The identity of the decedent; (II) The date of death; (III) Authorization to cremate the human remains; (IV) The name of the person authorizing cremation and an affidavit or other document in compliance with article 19 of title 15 that the authorization complies with article 19 of title 15; (V) A statement that the human remains do not contain an implanted device; (VI) The name of the person authorized to receive the cremains; (VII) A list of items delivered to the crematory along with the human remains; (VIII) A statement as to whether the next of kin has made arrangements for a viewing or service before cremation and the date and time of any viewing or service; (IX) A copy of the disposition permit; and (X) A signature of a representative of any funeral establishment or the next of kin making arrangements for cremation that the representative has no actual knowledge that contradicts any information required by this subsection (2)(a). (b) A person who signs the statement required by subsection (2)(a) of this section shall warrant the truthfulness of the facts contained therein. A person who signs the statement with actual knowledge to the contrary shall be civilly liable. (3) (a) The crematory shall hold human remains in a cremation container and shall not remove the remains. (b) The crematory shall cremate the human remains in a cremation container. (c) A cremation container must: (I) Be composed of materials suitable for cremation; (II) Be able to be closed in order to provide a complete covering for the human remains; (III) Be resistant to leaking or spilling; (IV) Be rigid enough to handle with ease; (V) Provide reasonable protection for the health and safety of crematory employees; and (VI) Be used exclusively for the cremation of human remains. (4) A crematory shall not cremate the human remains of more than one person within the same cremation chamber or otherwise commingle the cremains of multiple human remains unless the next of kin has signed a written authorization. No crematory is civilly liable for commingling the cremains of human remains if the next of kin has signed the written authorization. (5) (a) A crematory shall use a tag to identify human remains and cremains. The tag must be verified, removed, and placed near the cremation chamber control panel prior to cremation. The tag must remain next to the cremation chamber until the cremation is complete. Colorado Revised Statutes 2019 Page 310 of 890 Uncertified Printout (b) After cremation is complete, all of the cremains and reasonable recoverable residue shall be removed from the cremation chamber and processed as necessary. Anything other than the cremains shall be disposed of unless the next of kin authorizes otherwise. (c) The processed cremains shall be placed in a temporary container or urn. Any cremains that do not fit within the enclosure shall be placed in a separate temporary container or urn. Each container shall be marked with the decedent's identity and the name of the crematory. If a temporary container is used, the crematory shall disclose that the temporary container should not be used for permanent storage. (d) If cremated remains are shipped, the crematory shall use a method that employs an internal tracking system and obtains a signed receipt from the person accepting delivery. (6) Cremains shall not be commingled with other cremains in final disposition or scattering without written authorization from the next of kin unless the disposition or scattering occurs within a dedicated cemetery or consecrated grounds used exclusively for those purposes. (7) (a) A crematory shall not cremate human remains containing an implanted device. If the funeral establishment that had control of the human remains failed to ensure that a device was removed, the funeral establishment is responsible for removing the device. (b) If the person authorizing cremation fails to inform the crematory of the presence of an implanted device, the person shall be solely liable for any resulting damage to the crematory. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 955, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-307 as it existed prior to 2019. 12-135-308. Custody and responsibility - rules. (1) A crematory shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by: (a) The next of kin; (b) The county coroner or the county coroner's designee; or (c) An authorized person at the care facility where the deceased died. (2) A crematory is responsible for identifying and tracking human remains from the time it takes custody of human remains until the: (a) Final disposition has occurred or the remains are returned to the person who has the right of final disposition; (b) Human remains are released in accordance with the instructions given by the person who has the right of final disposition; or (c) Remains are released to a funeral establishment, another crematory, repository, or entity as authorized by the person who has the right of final disposition. (3) The director shall adopt rules implementing this section that: (a) Establish what constitutes custody; (b) Define "care facility", "repository", and "entity"; (c) Establish who is authorized to identify human remains at a care facility for a funeral establishment; and Colorado Revised Statutes 2019 Page 311 of 890 Uncertified Printout (d) Prescribe the minimum standards for the positive identification and chain of custody of human remains. A crematory may use the crematory's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 957, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-308 as it existed prior to 2019. PART 4 ADMINISTRATION 12-135-401. Powers and duties of the director - rules. (1) The director may deny, suspend, refuse to renew, or revoke a registration pursuant to section 12-20-404 (1)(d); issue and send, by certified mail, a letter of admonition to a funeral establishment or crematory under the circumstances specified in and in accordance with section 12-20-404 (4); issue a confidential letter of concern to a funeral establishment or crematory under the circumstance specified in section 12-20-404 (5); place a registered funeral establishment or crematory on probation pursuant to section 12-20-404 (1)(b); or limit the scope of practice of the registration of a funeral establishment or crematory under this article 135 that has: (a) Filed an application with the director containing material misstatements of fact or has omitted any disclosure required by this article 135; (b) Had a registration issued by Colorado, or an equivalent license, registration, or certification issued by another state, to practice mortuary science or to embalm or cremate human remains revoked; or (c) Violated this article 135, an applicable provision of article 20 of this title 12, or any rule of the director adopted under this article 135. (2) The director may deny or revoke a registration if the funeral establishment, crematory, or the designee thereof has been convicted of a felony related to another activity regulated under this article 135 or a felony of moral turpitude. The director shall promptly notify the funeral establishment or crematory of the revocation. (3) The director may investigate the activities of a funeral establishment or crematory upon his or her own initiative or upon receipt of a complaint or a suspected or alleged violation of this article 135. Section 12-20-403 applies to investigations, hearings, and other proceedings under this section. (4) The director shall keep records of registrations and disciplinary proceedings. The records kept by the director shall be open to public inspection in a reasonable time and manner determined by the director. (5) When the director or administrative law judge deems it appropriate and useful, the director or administrative law judge may consult with or obtain a written opinion from an appropriate professional organization or association of businesses who offer services requiring registration under this article 135 for the purpose of investigating possible violations or weighing the appropriate standard of care to be applied to specific events or the facts in a hearing being held under this article 135. Colorado Revised Statutes 2019 Page 312 of 890 Uncertified Printout (6) (a) The director may promulgate reasonable rules necessary to implement this section, sections 12-135-110, 12-135-111, 12-135-303, and 12-135-304, and this part 4. (b) Before promulgating rules, the director shall seek input and advice from a person, or any state professional organization of persons, offering services that require registration pursuant to this article 135. (c) Before promulgating rules, the director may seek input and advice from a consumer representative who advocates for consumers affected by this article 135. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 958, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-401 as it existed prior to 2019. 12-135-402. Fees. The director shall establish and collect the fees for a registration issued under this article 135 pursuant to section 12-20-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 960, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-402 as it existed prior to 2019. 12-135-403. Cease-and-desist orders - procedure. The director may issue cease-anddesist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 960, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-406 as it existed prior to 2019. 12-135-404. Civil penalty - fines. (1) On motion of the director, the court may impose a civil penalty of not more than one thousand dollars for a violation of this article 135 or a rule promulgated under this article 135. (2) In addition to any other penalty that may be imposed pursuant to this section, a funeral establishment or crematory violating this article 135 or a rule promulgated pursuant to this article 135 may be fined no less than one hundred dollars and no more than five thousand dollars for each violation proven by the director. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 962, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-407 as it existed prior to 2019. 12-135-405. Enforcement - injunctions. (1) The director may forward to a district attorney or a state or federal law enforcement agency any information concerning possible Colorado Revised Statutes 2019 Page 313 of 890 Uncertified Printout violations of statute or rule under this article 135 committed by any person or complaints filed against a funeral director, mortuary science practitioner, cremationist, or embalmer. (2) The director may seek injunctive relief in an action brought by the attorney general or by the district attorney in accordance with section 12-20-406. The notice, hearing, or duration of an injunction or restraining order shall be made in accordance with the Colorado rules of civil procedure. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 962, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-408 as it existed prior to 2019. 12-135-406. Repeal - subject to review. Sections 12-135-110, 12-135-111, 12-135-303, and 12-135-304 and this part 4 are repealed, effective July 1, 2024. Before the repeal, the regulation of persons registered to practice cremation and mortuary science is scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 962, § 1, effective October 1. Editor's note: This section is similar to former § 12-54-410 as it existed prior to 2019. ARTICLE 140 Nontransplant Tissue Banks Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 140 was numbered as article 54.5 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. 12-140-101. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 140. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 962, § 1, effective October 1. 12-140-102. Definitions. As used in this article 140, unless the context otherwise requires: (1) "Designee" means an individual designated by a nontransplant tissue bank registered in accordance with section 12-140-103. (2) "Human remains" means all or any portion of the physical remains of a dead human who was born alive. Colorado Revised Statutes 2019 Page 314 of 890 Uncertified Printout (3) (a) "Nontransplant tissue bank" means a person that, for any purpose other than transplantation into a living human being, recovers, transports, distributes, screens, stores, and arranges for the storage and distribution of human remains. (b) "Nontransplant tissue bank" does not include: (I) An eye bank, an organ procurement organization, or a tissue bank, as those terms are defined in section 15-19-202 (10), (16), and (31), respectively; (II) A funeral establishment registered in accordance with section 12-135-110; or (III) A crematory registered in accordance with section 12-135-303. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 962, § 1, effective October 1. Editor's note: This section is similar to former § 12-54.5-101 as it existed prior to 2019. 12-140-103. Registration required - subject to review - repeal. (1) (a) By July 1, 2019, each nontransplant tissue bank shall register with the director in the form and manner determined by the director. The registration must include: (I) The specific address of the nontransplant tissue bank; (II) The full name and address of the designee appointed in accordance with subsection (2)(a) of this section; (III) The date the nontransplant tissue bank began doing business; (IV) The type of services provided by the nontransplant tissue bank; and (V) A description of the nontransplant tissue bank's premises and equipment. (b) Each nontransplant tissue bank registration is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (2) (a) Each nontransplant tissue bank shall appoint an individual as the designee of the nontransplant tissue bank. A designee must: (I) Be at least eighteen years of age; (II) Have at least two years of experience working for a nontransplant tissue bank; (III) Be employed by the registered nontransplant tissue bank that the designee represents; (IV) Have the authority within the nontransplant tissue bank's organization to require that personnel comply with this article 140; and (V) Not be designated for more than one nontransplant tissue bank unless each additional nontransplant tissue bank is operated under common ownership and management and unless each additional nontransplant tissue bank is sixty miles or less from all other nontransplant tissue banks held under the same common ownership. (b) If, after initial registration, the nontransplant tissue bank appoints a new designee in accordance with subsection (2)(a) of this section, the nontransplant tissue bank shall notify the director within thirty days after appointing the designee. (3) To register, a person must pay the fee set pursuant to section 12-20-105. (4) This section is repealed, effective September 1, 2024. Before the repeal, this section is scheduled for review in accordance with section 24-34-104. Colorado Revised Statutes 2019 Page 315 of 890 Uncertified Printout Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 963, § 1, effective October 1. Editor's note: This section is similar to former § 12-54.5-102 as it existed prior to 2019. 12-140-104. Records and receipts. (1) A nontransplant tissue bank shall furnish to a person who delivers human remains to the nontransplant tissue bank a receipt, which must be signed by both the nontransplant tissue bank and the person who delivers the human remains. The nontransplant tissue bank shall retain a copy of the receipt in its records in accordance with subsection (2) of this section. The receipt must include the following: (a) The date and time of the delivery; (b) The name of the person who delivered the human remains; (c) The name of the decedent; (d) The name of any businesses with which the person delivering the human remains is affiliated; and (e) The name of the person who received the human remains on behalf of the nontransplant tissue bank. (2) A nontransplant tissue bank shall maintain for at least three years at its registered location the following records: (a) The donor's full name and address; (b) The date of donation; (c) Documentation of the decedent's informed consent or the consent of the person authorized by law to consent on behalf of the donor to the donation; (d) A description of the human remains to be donated for scientific or educational purposes; (e) Decedent medical history, including any of the following if used by the nontransplant tissue bank: Autopsy reports, donation questionnaires, and other donor or decedent solicitation materials; and (f) Tracking documentation of the transport of and delivery of human remains. (3) A nontransplant tissue bank shall keep complete and accurate records and make the records open for inspection by the director. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 964, § 1, effective October 1. Editor's note: This section is similar to former § 12-54.5-103 as it existed prior to 2019. 12-140-105. Standards of practice. (1) A nontransplant tissue bank shall: (a) Handle human remains in a safe and sanitary manner; (b) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the nontransplant tissue bank; and (c) Affix identification to all human remains delivered to the nontransplant tissue bank and provide tracking paperwork to match the identification. Colorado Revised Statutes 2019 Page 316 of 890 Uncertified Printout (2) A nontransplant tissue bank shall not commingle unidentified or unharvested human remains prior to transfer to a crematory or funeral establishment, as those terms are defined in section 12-135-103 (8) and (16), respectively. (3) An incinerator that is used for the disposal of human remains and that is operated by a registered nontransplant tissue bank need not be registered under part 3 of article 135 of this title 12. The incinerator may commingle tissue from medical or educational research from multiple decedents. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 965, § 1, effective October 1. Editor's note: This section is similar to former § 12-54.5-104 as it existed prior to 2019. 12-140-106. Disclosure. (1) A nontransplant tissue bank shall disclose, in clear and unambiguous terms, the following information to the donor or to the person authorized by law to consent to donation: (a) That the donated human remains may be distributed, in whole or in part, by the nontransplant tissue bank; (b) That the donated human remains may be returned, in whole or in part, to the nontransplant tissue bank; and (c) That the nontransplant tissue bank will be compensated for distribution of the human remains. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 965, § 1, effective October 1. Editor's note: This section is similar to former § 12-54.5-105 as it existed prior to 2019. 12-140-107. Discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 if the nontransplant tissue bank or applicant: (a) Violates an order of the director, this article 140, an applicable provision of article 20 of this title 12, or the rules established under this article 140; (b) Makes a material misstatement or omission in the registration or the application for a registration; (c) Violates federal law, Colorado law, or an ordinance or resolution of a political subdivision of Colorado in the operation of the nontransplant tissue bank; or (d) Has incurred disciplinary action related to the administration of a nontransplant tissue bank in another jurisdiction. Evidence of this disciplinary action is prima facie evidence for denial of registration or other disciplinary action if the violation would be grounds for disciplinary action in this state. (2) Section 12-20-403 governs proceedings under this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 966, § 1, effective October 1. Colorado Revised Statutes 2019 Page 317 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-54.5-106 as it existed prior to 2019. 12-140-108. Violations and penalties. A person who violates this article 140 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five thousand dollars, imprisonment in the county jail for not more than eighteen months, or both the fine and imprisonment. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 966, § 1, effective October 1. Editor's note: This section is similar to former § 12-54.5-107 as it existed prior to 2019. ARTICLE 145 Outfitters and Guides Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 145 was numbered as article 55.5 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-comparative- table.pdf. Cross references: For the regulation of river outfitters, see article 32 of title 33. Law reviews: For article, "Recreational Use Of Agricultural Lands", see 23 Colo. Law. 529 (1994). 12-145-101. Legislative declaration. It is the intent of the general assembly to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the mountains, rivers, and streams of Colorado and the state's fish and game and, to that end, in the exercise of the police power of this state for the purpose of safeguarding the health, safety, welfare, and freedom from injury or danger of the residents and nonresidents, to register and regulate those persons who, for compensation, provide equipment or personal services to the residents and nonresidents for the purpose of hunting and fishing. It is neither the intent of the general assembly to interfere in any way with the business of livestock operations or to prevent livestock owners from loaning or leasing buildings or animals to persons, nor is it intended to prevent the owner from accompanying a person or persons on land that the person owns, nor is it the intent of the general assembly to interfere in any way with the general public's ability to enjoy the recreational value of Colorado's mountains, rivers, and streams when the services of commercial outfitters are not utilized nor to interfere with the right of the United States to manage the public lands under its control. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 966, § 1, effective October 1. Colorado Revised Statutes 2019 Page 318 of 890 Uncertified Printout Editor's note: This section is similar to former § 12-55.5-101 as it existed prior to 2019. 12-145-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 145. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 967, § 1, effective October 1. 12-145-103. Definitions. As used in this article 145, unless the context otherwise requires: (1) "Compensation" means making, or attempting to make, a profit, salary, or increase in business or financial standing, or supporting any part of other programs or activities, to include receiving fees, charges, dues, service swaps, or something that is not strictly a sharing of actual expenses incurred from amounts received from or for outfitting services rendered or to be rendered. (2) "Consultant" means a person who is hired by the director to assist in any investigation initiated under this article 145 or any member of an advisory committee appointed pursuant to section 12-145-114. (3) "Entity" means an entity authorized by Colorado law to conduct business, including, but not limited to, a corporation, partnership, limited liability partnership, or limited liability company. (4) "Guide" means any individual who: (a) Accompanies an outfitter's client to assist the client in the taking or attempted taking of wildlife; and (b) Either: (I) Is employed for compensation by an outfitter; or (II) Has independently contracted with an outfitter. (5) "Outfitter" means a person soliciting to provide or providing, for compensation, outfitting services for the purpose of hunting or fishing on land that the person does not own. (6) "Outfitting services" means providing transportation of individuals, equipment, supplies, or wildlife by means of vehicle, vessel, or pack animal, facilities including but not limited to tents, cabins, camp gear, food, or similar supplies, equipment, or accommodations, and guiding, leading, packing, protecting, supervising, instructing, or training persons or groups of persons in the take or attempted take of wildlife. (7) "Peace officer" means a peace officer as described in section 16-2.5-101. (8) "Person" means an individual or entity. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 967, § 1, effective October 1. Editor's note: This section is similar to former § 12-55.5-102 as it existed prior to 2019. 12-145-10