(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 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 140 and 150 of this title 12 concerning nontransplant tissue banks and passenger tramways, respectively.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 743, � 1, effective October 1. L. 2020: (4) amended, (HB 20-1212), ch. 228, p. 1114, � 3, effective July 2; (4) amended, (HB 20-1286), ch. 269, p. 1312, � 7, effective July 10.
Editor's note: (1) This section is similar to former � 12-36-118 (3)(b) as it existed prior to 2019.
(2) Amendments to subsection (4) by HB 20-1212 and HB 20-1286 were harmonized.
12-20-403. Disciplinary procedures - investigations - hearings - oaths - witness statements - subpoenas - appointment of administrative law judge - driver's history - acting as an official. (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 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.
(4) (a) Unless subsection (4)(b) of this section applies, a regulator shall not consider an event within the driver's history of a licensee, certificant, or registrant when determining:
(I) Whether to impose discipline;
(II) The type of discipline to impose; or
(III) The severity of discipline to impose.
(b) A regulator may consider an event within a driver's history if:
(I) The event is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; and
(II) (A) The operation of a motor vehicle is a duty of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered;
(B) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; or
(C) The event occurred within three years before the act upon which the discipline is based.
(5) (a) Except as provided in subsection (5)(d) of this section, a regulator shall dismiss an anonymous complaint made against a licensee, certificant, or registrant if the basis for the anonymous complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as:
(I) An elected official of the state of Colorado or of a political subdivision of Colorado; or
(II) A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado.
(b) A regulator may dismiss a complaint made against a licensee, certificant, or registrant if:
(I) The complaint is not made anonymously; and
(II) The basis for the complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as:
(A) An elected official of the state of Colorado or of a political subdivision of Colorado; or
(B) A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado.
(c) For the regulator to dismiss a complaint in accordance with this subsection (5), the licensee, certificant, or registrant that is the subject of the complaint need not respond to or provide evidence concerning the complaint. The dismissal is automatic.
(d) This subsection (5) does not apply to words said to or actions committed for a specific person when the licensee, certificant, or registrant is speaking or acting in the licensee's, certificant's, or registrant's capacity as a member of the occupation the person is licensed, certified, or registered to perform.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 743, � 1, effective October 1. L. 2021: (4) added, (SB 21-040), ch. 59, p. 240, � 3, effective September 7. L. 2022: (5) added, (SB 22-076), ch. 73, p. 371, � 1, effective April 7.
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 � 12-40.5-110 (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 - mistreatment of at-risk adult - exceptions - definitions. (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) Repealed.
(C) Article 255 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:
(A) Repealed.
(B) Article 140 of this title 12 concerning nontransplant tissue banks;
(C) Repealed.
(D) Article 205 of this title 12 concerning athletic trainers;
(E) Article 255 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) Repealed.
(D) Article 140 of this title 12 concerning nontransplant tissue banks;
(E) Article 145 of this title 12 concerning outfitters and guides;
(F) Repealed.
(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;
(J.5) Article 255 of this title 12 concerning nurses and certified midwives;
(K) Article 255 of this title 12 concerning nurse aides;
(L) Article 305 of this title 12 concerning speech-language pathologists; or
(M) [Editor's note: This version of subsection (1)(d)(II)(M) is effective until January 1, 2026.] Article 315 of this title 12 concerning veterinarians and veterinary technicians.
(M) [Editor's note: This version of subsection (1)(d)(II)(M) is effective January 1, 2026.] Article 315 of this title 12 concerning veterinarians, veterinary technicians, and veterinary professional associates.
(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) Repealed.
(II) Article 140 of this title 12 concerning nontransplant tissue banks;
(III) Article 150 of this title 12 concerning passenger tramways; and
(IV) Article 255 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.
(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) Repealed.
(C.5) Article 165 of this title 12 concerning radon professionals;
(D) Article 200 of this title 12 concerning acupuncturists;
(D.5) Article 205 of this title 12 concerning athletic trainers;
(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, certified midwives, and nurse aides;
(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;
(N) Article 305 of this title 12 concerning speech-language pathologists; and
(O) Article 310 of this title 12 concerning surgical assistants and surgical technologists.
(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) Repealed.
(III) Article 140 of this title 12 concerning nontransplant tissue banks;
(IV) Article 150 of this title 12 concerning passenger tramways;
(V) Repealed.
(VI) Article 215 of this title 12 concerning chiropractors; and
(VII) Repealed.
(VIII) Article 295 of this title 12 concerning psychiatric technicians.
(IX) Repealed.
(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.
(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) Repealed.
(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) Repealed.
(II) Article 140 of this title 12 concerning nontransplant tissue banks; and
(III) Article 150 of this title 12 concerning passenger tramways.
(IV) and (V) Repealed.
(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).
(7) Mistreatment of at-risk adult. A licensee, certificate holder, or registrant substantiated in a case of mistreatment of an at-risk adult while performing professional duties shall provide the licensee's, certificate holder's, or registrant's professional license number to county adult protective services, upon request.
(8) Discipline based solely on marijuana activity. (a) Notwithstanding subsection (1) of this section or any other provision in this title 12, a regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against a licensee, certificate holder, or registrant pursuant to subsection (1) of this section based solely on:
(I) A civil or criminal judgment against the applicant, licensee, certificate holder, or registrant regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying action:
(A) Was lawful and consistent with professional conduct and standards of care within Colorado; and
(B) Did not otherwise violate Colorado law;
(II) Previous professional disciplinary action concerning the applicant's, licensee's, certificate holder's, or registrant's professional licensure in this or any other state or territory of the United States, if the professional disciplinary action:
(A) Was based solely on the applicant's, licensee's, certificate holder's, or registrant's consumption, possession, cultivation, or processing of marijuana; and
(B) Did not otherwise violate Colorado law.
(b) As used in this section, unless the context otherwise requires:
(I) Civil judgment means a final court decision and order resulting from a civil lawsuit or a settlement in lieu of a final court decision.
(II) Criminal judgment means a guilty verdict, a plea of guilty, a plea of nolo contendere, or a deferred judgment or sentence.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 744, � 1, effective October 1. L. 2020: (1)(b)(II)(C), (1)(c)(II)(E), (1)(d)(II)(K), (2)(b)(IV), and (3)(a)(II)(J) amended and (3)(c)(VII) repealed, (HB 20-1183), ch.157, p. 695, � 34, effective July 1; (1)(d)(II)(J.5) added, (HB 20-1216), ch. 190, p. 878, � 22, effective July 1; (1)(c)(II)(A), (1)(d)(II)(C), (2)(b)(I), (3)(c)(II), and (5)(b)(I) repealed, (HB 20-1286), ch. 269, p. 1312, � 8, effective July 10. L. 2021: (1)(b)(II)(B), (3)(c)(V), and (5)(b)(IV) repealed, (3)(a)(II)(D.5) added, and (4)(c) amended, (SB 21-147), ch. 174, p. 950, � 2, effective September 1; (3)(a)(II)(M), (3)(a)(II)(N), (3)(c)(VI), (3)(c)(VIII), (4)(c), (5)(b)(III), and (5)(b)(IV) amended, (3)(a)(II)(O) added, and (3)(c)(IX) and (5)(b)(V) repealed, (SB 21-092), ch. 139, p. 781, � 3, effective September 1; IP(4)(c) repealed, (SB 21-266), ch. 423, p. 2796, � 10, effective September 1; (3)(a)(II)(C.5) added, (HB 21-1195), ch. 398, p. 2645, � 3, effective September 7; (7) added, (HB 21-1123), ch. 106, p. 429, � 6, effective September 7. L. 2022: (1)(d)(II)(F) and (3)(a)(II)(C) repealed, (SB 22-212), ch. 421, p. 2967, � 21, effective August 10; (1)(d)(II)(M) amended, (HB 22-1235), ch. 442, p. 3101, � 3, effective August 10; (1)(c)(II)(C) repealed, (HB 22-1263), ch. 254, p. 1849, � 3, effective September 1. L. 2023: (8) added, (SB 23-265), ch. 252, p. 1433, � 1, effective May 24; (1)(d)(II)(J.5) and (3)(a)(II)(J) amended, (SB 23-167), ch. 261, p. 1531, � 22, effective May 25. Initiated 2024: (1)(d)(II)(M) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619.
Editor's note: (1) This section is similar to former � 12-5.5-302 as it existed prior to 2019.
(2) (a) Amendments to subsections IP(4)(c) and (4)(c) by SB 21-092, SB 21-147, and SB 21-266 were harmonized.
(b) Amendments to subsection (5)(b)(IV) by SB 21-092 and SB 21-147 were harmonized.
(3) Subsection (1)(d)(II)(M) was changed by Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:
FOR: 1,572,545
AGAINST: 1,407,814
Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.