(1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that the licensee:
(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 12-105-106 (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 12-105-124.
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.
12-105-125.5. Interstate compact for cosmetologists - powers and duties - rules - definitions. (1) As used in this section:
(a) Adverse action has the meaning set forth in article 2 of section 24-60-4901.
(b) Background check has the meaning set forth in article 2 of section 24-60-4901.
(c) Commission means the cosmetology licensure compact commission established in article 9 of section 24-60-4901.
(d) Compact means the cosmetology licensure compact authorized in part 49 of article 60 of title 24.
(e) Current significant investigative information has the meaning set forth in article 2 of section 24-60-4901.
(f) Data system has the meaning set forth in article 2 of section 24-60-4901.
(g) Investigative information has the meaning set forth in article 2 of section 24-60-4901.
(h) Member state means a state that has enacted the compact.
(i) Multistate license has the meaning set forth in article 2 of section 24-60-4901.
(2) In addition to any powers and duties specified in the compact for member states, the director has the following powers and duties with regard to the compact:
(a) To facilitate Colorado's participation in the compact;
(b) To comply with the rules of the commission;
(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;
(d) To serve, or to designate another individual to serve, as a delegate on and attend meetings of the commission in accordance with the terms of the compact;
(e) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of investigative information, including current significant investigative information, regarding a licensee;
(f) To implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history, disciplinary history, or background check;
(g) To grant a multistate license to a licensee in accordance with the terms of the compact and to charge a fee to individuals applying for the multistate license;
(h) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and
(i) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
Source: L. 2024: Entire section added, (HB 24-1111), ch. 381, p. 2602, � 2, effective August 7.