2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 105. Barbers and Cosmetologists
Section 12-105-106. Powers and duties of the director - advisory committee.
(1) The director has the following powers and duties:
To promulgate rules in accordance with section 12-20-204;
To take disciplinary or other action as authorized in section 12-20-404 or limit thescope 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;
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;
To supervise and regulate the industries of barbering, hairstyling, and cosmetologyand 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;
To establish criteria for applicant eligibility for examination and to establish procedures for the registration of places of business;
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;
To apply, in accordance with section 12-20-406, for an order enjoining any act orpractice 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.
To send letters of admonition under the circumstances specified in and in accordancewith section 12-20-404 (4);
To issue cease-and-desist orders under the circumstances and in accordance with theprocedures specified in section 12-20-405;
To issue confidential letters of concern under the circumstances specified in section12-20-404 (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.
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.
