The reasonable cost to perform sunset reviews of programs not within the department of regulatory agencies shall be charged to the departments in which such programs are located.
Source: L. 91: Entire section added, p. 687, � 51, effective April 20.
24-34-105. Fee adjustments - division of professions and occupations cash fund created - legal defense account. (Repealed)
Source: L. 78: Entire section added, p. 398, � 1, effective May 4. L. 79: (2)(b) amended, p. 915, � 2, effective May 25. L. 92: (2)(b) amended, p. 2042, � 16, effective July 1. L. 97: (2)(b) amended, p. 1615, � 2, effective July 1. L. 98: (2)(b)(III) and (2)(b)(IV) added, pp. 1362, 1364, �� 124, 132, effective June 1; (2)(b)(I) amended, p. 1156, � 26, effective July 1. L. 2004: (2)(a) and (2)(b)(I) amended and (2)(b)(I.5) added, p. 1862, � 121, effective August 4. L. 2011: (2)(b)(I) amended, (SB 11-187), ch. 285, p. 1328, � 73, effective July 1. L. 2012: (1), (2)(a), (2)(b)(I), and (2)(b)(II) amended, (2)(b)(III) and (2)(b)(IV) repealed, and (3) added, (HB 12-1055), ch. 47, p. 174, � 2, effective August 8. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, � 3, effective October 1.
Editor's note: This section was relocated to � 12-20-105 in 2019.
24-34-106. Professions and occupations - alternative to existing disciplinary actions. If, as a result of a proceeding held pursuant to article 4 of this title, it is determined that a person licensed, registered, or certified to practice a profession or occupation pursuant to article 2 of title 10 or title 12, C.R.S., has acted in such a manner as to be subject to disciplinary action, the licensing board, commission, or other agency of the state may, in lieu of or in addition to other forms of disciplinary action that may be authorized by law, require a licensee, registrant, or certificate holder to take courses of training or education relating to his profession or occupation. The licensing board, commission, or other agency of the state shall determine the conditions, on a case-by-case basis, which shall be imposed on such licensee, registrant, or certificate holder including, but not limited to, the type of and number of hours of training or education. All training or education courses are subject to approval by the board, commission, or agency, and the licensee, registrant, or certificate holder shall be required to furnish satisfactory proof that he has successfully completed such courses. Any training or education required by this section shall be in addition to the mandatory continuing education requirements for the profession or occupation, if any.
Source: L. 84: Entire section added, p. 695, � 1, effective March 26.
24-34-107. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued pursuant to the authority set forth in titles 10, 11, and 12 by any division, board, or agency of the department of regulatory agencies requires the applicant's name, address, and social security number. If the applicant does not have a social security number, the division, board, or agency shall require the applicant's individual taxpayer identification number, or another document verifying the applicant's identity, as determined by such division, board, or agency.
(2) The divisions, boards, or agencies of the department of regulatory agencies shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if such division, board, or agency receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of any such division, board, or agency of the department of regulatory agencies, rules promulgated by the state board of human services, and any memorandum of understanding entered into between any division, board, or agency of the department of regulatory agencies and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The divisions, boards, and agencies of the department of regulatory agencies may enter into a memorandum of understanding with the state child support enforcement agency to facilitate implementation of this section and section 26-13-126, C.R.S., through the rules promulgated pursuant to subsection (2) of this section.
(b) The divisions, boards, and agencies of the department of regulatory agencies are authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, license means any registration, certificate, charter, or membership issued by any division, board, or agency of the department of regulatory agencies for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
(5) (a) When any division, board, or agency of the department of regulatory agencies determines that an individual applying for a license has been convicted of a crime prior to the application being submitted, it may, subject to the provisions of section 24-5-101, issue a conditional license to that individual.
(b) The individual may request that the conditional designation or any related adverse action be removed a year after the issuance of the conditional license or when the individual applies for renewal of the license, whichever is later:
(I) If the individual remains free of any subsequent criminal conviction or licensing sanction after the conditional license is issued; and
(II) If the individual is no longer serving any term of probation or parole imposed for the criminal conviction.
(c) The division, board, or agency shall grant the request unless it determines that, under the provisions of section 24-5-101, the conditional designation remains necessary.
(d) If the division, board, or agency removes the conditional designation, it shall make the original conditional designation confidential and remove from the individual's professional history any reference to crimes committed before the application for licensure was submitted, unless the removal or designation as confidential violates any federal reporting law.
Source: L. 97: Entire section added, p. 1282, � 24, effective July 1. L. 2006, 1st Ex. Sess.: (1) amended, p. 28, � 1, effective January 1, 2007. L. 2018: (5) added, (HB 18-1418), ch. 352, p. 2088, � 3, effective May 30. L. 2021: (1) amended, (SB 21-077), ch. 186, p. 995, � 2, effective September 7; (1)(a) amended and (1)(b) repealed, (SB 21-199), ch. 351, p. 2281, � 4, effective July 1, 2022.
Editor's note: (1) Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.
(2) Amendments to subsection (1) by SB 21-199 and SB 21-077 were harmonized.
24-34-108. Consumer outreach and education program - creation - cash fund - fine surcharge. (1) The executive director of the department of regulatory agencies shall develop and implement a consumer outreach and education program, referred to in this section as the program, for the purposes of informing consumers of their rights regarding regulated professions and occupations, decreasing regulatory violations, and ensuring public awareness of consumer protection information available from the department.
(2) There is hereby created within the state treasury the consumer outreach and education cash fund for the purpose of developing, implementing, and maintaining the program. The fund shall consist of any surcharges that may be imposed by the executive director of the department of regulatory agencies within the department of regulatory agencies, including fines collected pursuant to titles 10, 11, 12, 40, and 42, C.R.S. The amount of each surcharge shall not exceed fifteen percent of the fine collected. The surcharges shall be adjusted as necessary so that surcharge revenues collected do not exceed two hundred thousand dollars annually. All moneys collected shall be transmitted to the state treasurer who shall credit such moneys to the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the program. Moneys in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Moneys credited to the fund shall not be transferred to the general fund or any other fund; except that any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year that exceed ten percent of the fund's expenditures in that fiscal year shall be transferred to the general fund or another fund.
(3) On or before November 1 of each year, the executive director of the department of regulatory agencies shall provide a report to the joint budget committee of the general assembly that includes the amount of revenue collected from the surcharge in accordance with subsection (2) of this section for the previous fiscal year, a description of how the moneys were spent in the previous fiscal year, and a plan for how the moneys will be spent in the current fiscal year.
Source: L. 2008: Entire section added, p. 2246, � 1, effective August 5.
24-34-109. Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal. (Repealed)
Source: L. 2009: Entire section added, (SB 09-239), ch. 401, p. 2183, � 28, effective July 1. L. 2010: (1)(d)(I), (2)(a)(II), and (6)(a) amended, (HB 10-1260), ch. 403, p. 1989, � 82, effective July 1. L. 2014: (7) amended, (HB 14-1181), ch. 166, p. 580, � 1, effective May 9. L. 2018: (6) amended, (HB 18-1375), ch. 274, p. 1710, � 48, effective May 29. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, � 3, effective October 1.
Editor's note: This section was relocated to � 12-30-105 in 2019.
24-34-110. Medical transparency act of 2010 - disclosure of information about health care licensees - fines - rules - short title - legislative declaration - repeal. (Repealed)
Source: L. 2010: Entire section added with relocations, (SB 10-124), ch. 416, p. 2050, � 1, effective August 11. L. 2011: (3)(a)(XVII), (3)(a)(XVIII), and (3)(b) amended and (3)(a)(XIX) added, (SB 11-187), ch. 285, p. 1329, � 74, effective July 1. L. 2012: (3)(a)(IX) amended, (HB 12-1332), ch. 238, p. 1059, � 16, effective August 8; (3)(a)(XVIII) and (3)(a)(XIX) amended and (3)(a)(XX) added, (HB 12-1303), ch. 263, p. 1376, � 3, effective August 8. L. 2013: (3)(a)(I) amended, (SB 13-039), ch. 288, p. 1537, � 5, effective May 24; (3)(a)(XIX), IP(4), and (6) amended, (3)(a)(XXI) to (3)(a)(XXVIII) added, and (3)(b) RC&RE, (SB 13-026), ch. 290, p. 1557, � 1, effective August 7; (3)(a)(XXIX) added, (HB 13-1111), ch. 371, p. 2183, � 3, effective August 7. L. 2016: (3)(a)(VIII) amended, (HB 16-1047), ch. 245, p. 1011, � 3, effective June 8; (12) added, (HB 16-1157), ch. 79, p. 204, � 1, effective August 10. L. 2017: (3)(a)(XIII) amended, (HB 17-1057), ch. 200, p. 744, � 4, effective May 10; (3)(a)(XX) amended, (SB 17-294), ch. 264, p. 1402, � 71, effective May 25. L. 2018: (4)(a)(X) amended, (HB 18-1375), ch. 274, p. 1710, � 49, effective May 29; (3)(a)(XIII) amended, (HB 18-1155), ch. 315, p. 1902, � 15, effective September 1. L. 2019: Entire section repealed, (HB 19-1172), ch. 136, p. 1642, � 3, effective October 1.
Editor's note: This section was relocated to � 12-30-102 in 2019.