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.
(7.5) (a) Driver's history means a driver's history record made and maintained in accordance with section 42-2-121 (2).
(b) Driver's history does not include a misdemeanor or felony conviction, notwithstanding that the conviction is included within the driver's history record made and maintained in accordance with section 42-2-121 (2).
(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.
(10.5) Occupational credential portability program means the program established pursuant to section 12-20-202 (3) and rules adopted by a regulator pursuant to that section.
(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. L. 2020: (10.5) added, (HB 20-1326), ch. 126, p. 528, � 3, effective June 25. L. 2021: (7.5) added, (SB 21-040), ch. 59, p. 239, � 1, effective September 7.
Cross references: For the short title (Red Tape Reduction Act) and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
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 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 division of professions and occupations is a type 2 entity, as defined in section 24-1-105. 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 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.
(8) Repealed.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 730, � 1, effective October 1. L. 2022: (8) added, (SB 22-181), ch. 452, p. 3251, � 3, effective July 1; (1)(a) amended, (SB 22-162), ch. 469, p. 3393, � 115, effective August 10.
Editor's note: (1) 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 � 24-34-102 (13); and subsection (7) is similar to former � 24-34-102 (15), as those sections existed prior to 2019.
(2) Subsection (8)(c) provided for the repeal of subsection (8), effective September 1, 2024. (See L. 2022, p. 3251.)
Cross references: (1) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(2) For the legislative declaration in SB 22-181, see section 1 of chapter 452, Session Laws of Colorado 2022.
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 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 12-255-107.
(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. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 695, � 33, effective July 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 - general fund transfer - definition - repeal. (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 unlicensed psychotherapists, and the state board of addiction counselor examiners shall be considered collectively in the renewal fee-setting 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.
(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.
(7) and (8) Repealed.
(9) (a) On June 30, 2025, the state treasurer shall transfer one million three hundred seventy-two thousand eight hundred forty-three dollars from the division of professions and occupations cash fund to the general fund.
(b) This subsection (9) is repealed, effective July 1, 2026.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 733, � 1, effective October 1. L. 2020: (2)(b)(II) amended, (HB 20-1206), ch. 304, p. 1543, � 42, effective July 14. L. 2022: (8) added, (HB 22-1299), ch. 174, p. 1162, � 2, effective May 17; (7) added, (HB 22-1298), ch. 176, p. 1169, � 2, effective May 18. L. 2025: (9) added, (SB 25-264), ch. 129, p. 500, � 9, effective April 25.
Editor's note: (1) This section is similar to former � 24-34-105 as it existed prior to 2019.
(2) Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2025. (See L. 2022, p. 1169.)
(3) Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2025. (See L. 2022, p. 1162.)
Cross references: For the legislative declaration in HB 22-1299, see section 1 of chapter 174, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1298, see section 1 of chapter 176, Session Laws of Colorado 2022.