2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 135. Mortuaries and Crematories
Section 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:
Filed an application with the director containing material misstatements of fact or hasomitted any disclosure required by this article 135;
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
Violated this article 135, an applicable provision of article 20 of this title 12, or anyrule of the director adopted under this article 135.
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.
The director may investigate the activities of a funeral establishment or crematoryupon 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.
The director shall keep records of registrations and disciplinary proceedings. Therecords kept by the director shall be open to public inspection in a reasonable time and manner determined by the director.
When the director or administrative law judge deems it appropriate and useful, thedirector 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.
(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.
Before promulgating rules, the director shall seek input and advice from a person, orany state professional organization of persons, offering services that require registration pursuant to this article 135.
Before promulgating rules, the director may seek input and advice from a consumerrepresentative 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.
