(1) (a) The department shall, on and after July 1, 1994, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested prior to July 1, 1994, in the department of social services, the department of institutions, and the department of health concerning the administration of substance use disorder treatment programs.
(b) This section does not apply to the functions, employees, and property transferred pursuant to sections 24-1-119.5 and 25.5-1-105 concerning the Colorado Medical Assistance Act and the treatment program for high-risk pregnant women.
(2) (a) On and after July 1, 1994, all positions of employment in the department of health, the department of social services, and the department of institutions concerning the powers, duties, and functions transferred to the department of human services pursuant to this article and determined to be necessary to carry out the purposes of this article by the executive director of the department of human services shall be transferred to the department of human services and shall become employment positions therein. The executive director shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the state department and the executive director. On and after July 1, 1994, any appointment of employees and any creation or elimination of positions of employment shall be consistent with the plan for restructuring health and human services as set forth in article 1.7 of title 24, C.R.S. Appointing authority may be delegated by the executive director as appropriate.
(b) On and after July 1, 1994, all employees of the department of health, the department of social services, and the department of institutions whose duties and functions concerned the powers, duties, and functions transferred to the department of human services pursuant to this article, regardless of whether the position of employment in which the employee served was transferred, shall be considered employees of the department of human services for purposes of section 24-50-124, C.R.S. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed continuous.
(3) On July 1, 1994, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the departments of health, social services, and institutions pertaining to the duties and functions transferred to the department of human services are transferred to the department of human services and shall become the property thereof.
(4) On and after July 1, 1994, whenever the department of health, social services, or institutions is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department of human services, such reference or designation shall be deemed to apply to the department of human services. All contracts entered into by the said departments prior to July 1, 1994, in connection with the duties and functions transferred to the department of human services are hereby validated, with the department of human services succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, trusts, grants, and any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts shall be transferred and appropriated to the department of human services for the payment of such obligations.
(5) On and after July 1, 1994, unless otherwise specified, whenever any provision of law refers to the department of health, social services, or institutions, in connection with the duties and functions transferred to the department of human services, said law shall be construed as referring to the department of human services.
(6) All rules, regulations, and orders of the departments of health, social services, and institutions adopted prior to July 1, 1994, in connection with the powers, duties, and functions transferred to the department of human services, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. The executive director shall adopt rules necessary for the administration of the state department and as otherwise authorized by this title. Any rules adopted on and after July 1, 1994, shall be consistent with the plan for restructuring health and human services, as set forth in article 1.7 of title 24, C.R.S.
(7) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 1994, or which could have been commenced prior to such date, by or against the department of health, social services, or institutions, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties, shall abate by reason of the transfer of duties and functions from the said department to the department of human services.
(8) The revisor of statutes is hereby authorized to change all references in the Colorado Revised Statutes to the department of social services and the department of institutions from said references to the department of human services, as appropriate and unless otherwise transferred to the department of health care policy and financing pursuant to section 25.5-1-105, C.R.S. In connection with such authority, the revisor of statutes is hereby authorized to amend or delete provisions of the Colorado Revised Statutes so as to make the statutes consistent with the powers, duties, and functions transferred pursuant to this section.
Source: L. 93: Entire section added, p. 1106, � 21, effective July 1, 1994. L. 2006: (1)(b) amended, p. 2016, � 94, effective July 1. L. 2017: (1)(a) amended, (SB 17-242), ch. 263, p. 1330, � 211, effective May 25. L. 2024: (1)(b) amended, (HB 24-1399), ch. 76, p. 259, � 30, effective July 1, 2025.
Cross references: (1) (a) For the legislative declaration contained in the 1993 act enacting this section, see section 1 of chapter 230, Session Laws of Colorado 1993.
(b) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
(2) For the Colorado Medical Assistance Act, see articles 4, 5, and 6 of title 25.5.
26-1-106. Final agency action - administrative law judge - authority of executive director. (1) (a) The executive director may appoint one or more persons to serve as administrative law judges for the state department pursuant to section 24-4-105, C.R.S., and pursuant to part 10 of article 30 of title 24, C.R.S., subject to appropriations made to the department of personnel. Hearings conducted by the administrative law judge shall be considered initial decisions of the state department which shall be reviewed by the executive director or a designee. In the event exceptions to the initial decision are filed pursuant to section 24-4-105 (14)(a)(I), C.R.S., such review shall be in accordance with section 24-4-105 (15), C.R.S.; except that the state department may, at its discretion, permit a party to file an audio recording in lieu of a written transcript if the party cannot afford a written transcript. The state board may adopt rules delineating the criteria and process for filing an audio recording in lieu of a written transcript. In the absence of any exception filed pursuant to section 24-4-105 (14)(a)(I), C.R.S., the executive director shall review the initial decision in accordance with a procedure adopted by the state board. Such procedure shall be consistent with federal mandates concerning the single state agency requirement. Review by the executive director in accordance with section 24-4-105 (15), C.R.S., or the procedure adopted by the state board pursuant to this section shall constitute final agency action. The administrative law judge may conduct hearings on appeals from decisions of county departments brought by recipients of and applicants for public assistance and welfare which are required by law in order for the state to qualify for federal funds, and may conduct other hearings for the state department. Notice of any such hearing shall be served at least ten days prior to such hearing.
(b) Repealed.
(c) (Deleted by amendment, L. 2009, (SB 09-044), ch. 57, p. 203, � 1, effective March 25, 2009.)
(2) (Deleted by amendment, L. 2009, (SB 09-044), ch. 57, p. 203, � 1, effective March 25, 2009.)
(3) (Deleted by amendment, L. 91, p. 1883, � 1, effective May 24, 1991.)
Source: L. 73: R&RE, p. 1161, � 1. C.R.S. 1963: � 119-1-5. L. 76: Entire section amended, p. 587, � 25, effective May 24. L. 78: Entire section amended, p. 272, � 90, effective May 23. L. 83: Entire section amended, p. 1113, � 1, effective May 16. L. 87: Entire section amended, p. 973, � 87, effective March 13. L. 89: Entire section amended, p. 1184, � 1, effective July 1. L. 91: (1) and (3) amended, p. 1883, � 1, effective May 24. L. 93: (1)(a) and (2) amended, pp. 425, 426, �� 1, 2, effective April 19. L. 95: (2) amended, p. 928, � 33, effective May 25; (1)(a) and (1)(c) amended, p. 665, � 102, effective July 1. L. 97: (1)(b) amended, p. 1191, � 11, effective July 1. L. 2005: (1)(c) amended, p. 859, � 26, effective June 1. L. 2009: Entire section amended, (SB 09-044), ch. 57, p. 203, � 1, effective March 25.
Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective January 1, 2001. (See L. 97, p. 1191.)
26-1-107. State board of human services - reimbursement for expenses - rules. (1) (a) There is created in the department of human services the state board of human services, referred to in this section as the state board. The state board is a type 1 entity, as defined in section 24-1-105. The state board consists of nine members appointed by the governor, with the consent of the senate, for terms of four years. The members appointed to the board must be residents of the state of Colorado. The governor may remove a member of the board for misconduct, incompetence, or neglect of duty.
(b) The board consists of:
(I) One member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities;
(II) (A) Three members who serve as county commissioners of one of the state's counties.
(B) If a board member who is concurrently serving as a county commissioner ceases to serve as a county commissioner, the member's seat on the state board shall be deemed vacant, and the governor shall appoint a new county commissioner to fill the vacancy.
(C) A county commissioner, in the commissioner's role as a board member, shall not vote on any matter coming before the state board that affects the commissioner's county in a manner different from other counties.
(II.5) (A) One member who is a person with lived experience with behavioral health disorders, a family member of a person with behavioral health disorders, a member of an advocacy group for persons experiencing behavioral health disorders, or a physician or a member of one of the licensed mental health professions.
(B) A physician or a member of one of the licensed mental health professions, in their role as a board member, shall not vote on any matter coming before the board that affects their employer or private practice in a manner different from other employers or private practices of the same professions.
(III) Four members who are from the public at large.
(2) No recipient of a pension under the Colorado old age pension statutes shall be eligible for appointment to the state board.
(3) The members of the state board may receive reimbursement for actual traveling expenses.
(4) The state board shall act only by resolution adopted at a duly called meeting of the state board, and no individual member of the state board shall exercise administrative authority with respect to the state department.
(5) (a) Board rules are rules promulgated by the state board governing:
(I) Program scope and content;
(II) Requirements, obligations, and rights of clients and recipients;
(III) Non-executive director rules concerning vendors, providers, and other persons affected by acts of the state department.
(b) The state board shall have authority to adopt board rules for programs administered and services provided by the state department as set forth in this title and in title 27, C.R.S.
(c) Any rules adopted by the executive director to implement the provisions of this title 26 or title 27, prior to March 25, 2009, whose content meets the definition of board rules shall continue to be effective until revised, amended, or repealed by the state board.
(d) Whenever a statutory grant of rule-making authority in this title or in title 27, C.R.S., refers to the state department or the department of human services, it shall mean the state department acting through either the state board or the executive director or both. When exercising rule-making authority under this title or title 27, C.R.S., the state department, either acting through the state board or the executive director, shall establish rules consistent with the powers and the distinction between board rules as set forth in this section and executive director rules as set forth in section 26-1-108.
(6) The state board shall:
(a) Adopt board rules;
(b) Hold hearings relating to the formulation and revision of the policies of the state department;
(c) Advise the executive director as to any matters that the executive director may bring before the state board;
(d) Meet as is necessary to adjust the minimum award for old age pensions for changes in the cost of living pursuant to section 26-2-114 (1); except that the state board shall meet for such a purpose whenever the monthly index of consumer prices, prepared by the bureau of labor statistics of the United States department of labor, increases or decreases by an amount warranting an increase or decrease over the previous adjustment and the United States social security administration increases benefits similarly adjusted for changes in the cost of living. Such a meeting shall be held within twenty days of the publication of the monthly index which first exceeds the previous level by said amount.
(e) Adopt rules and regulations for the purpose of establishing guidelines for the placement of children from locations outside of Colorado into this state for foster care or adoption pursuant to section 19-5-203 or 26-6-905 or the terms of the Interstate Compact on Placement of Children as set forth in part 18 of article 60 of title 24;
(f) Adopt rules governing the operations of the statewide adoption resource registry as described in section 26-1-111 (4);
(g) Adopt rules concerning programs related to behavioral, mental health, or substance use disorders and intellectual and developmental disabilities. To the extent that rules are promulgated by the state board of human services for programs or providers that receive either medicaid only or both medicaid and non-medicaid funding, the rules must be developed in cooperation with the department of health care policy and financing and must not conflict with state statutes or federal statutes or regulations.
(h) Adopt rules concerning standards for the level of training, education, and experience that a psychiatrist or psychologist shall have to be qualified to perform competency evaluations in criminal cases pursuant to section 16-8-106 and article 8.5 of title 16, C.R.S., and standards for conducting and reporting competency evaluations in criminal cases. Prior to adopting the rules, the state board shall consider recommendations from the competency evaluation advisory board created in section 16-8.5-119, C.R.S.
(7) When federal statute or regulation requires, as a condition for the receipt of federal participation in any state department administered or supervised public assistance or welfare program, that specific forms of income to recipients and applicants or other persons whose income would otherwise be considered to be disregarded, such income shall be disregarded and the rules of the state board shall include provisions to effect such requirements.
(8) Nothing in this section shall be construed to affect any specific statutory provision granting rule-making authority in relation to a specific program to the state board.
(9) and (9.5) (Deleted by amendment, L. 2006, p. 1986, � 10, effective July 1, 2006.)
(10) The state board shall fix minimum standards and qualifications for county department personnel based upon training and experience deemed necessary to fulfill the requirements and responsibilities for each position and establish salary schedules based upon prevailing wages for comparable work within each county or district or region where such data is available and is collected and compiled in a manner approved by the state personnel director. The rules issued by the state board shall be binding upon the several county departments. At any public hearing relating to a proposed rule making, interested persons shall have the right to present their data, views, or arguments orally. Proposed rules of the state board shall be subject to the provisions of section 24-4-103, C.R.S.
Source: L. 73: R&RE, p. 1162, � 1. C.R.S. 1963: � 119-1-6. L. 93: Entire section amended, p. 1108, � 22, effective July 1, 1994. L. 94: (9) amended, p. 1560, � 8, effective July 1; (10) added, p. 2611, � 13, effective July 1. L. 97: (5), (7), and (10) amended, p. 1219, � 2, effective July 1; (6) amended, p. 1183, � 2, effective July 1. L. 2003: (9.5) added, p. 2585, � 6, effective July 1. L. 2006: (6)(g), (7), (9), and (9.5) amended, p. 1986, � 10, effective July 1. L. 2007: (6)(h) added, p. 41, � 2, effective March 8. L. 2008: (6)(h) amended, p. 1859, � 18, effective July 1. L. 2009: (5) amended, (SB 09-044), ch. 57, p. 204, � 3, effective March 25; (1)(a) amended, (HB 09-1281), ch. 399, p. 2154, � 5, effective August 5. L. 2011: (1)(a) amended, (SB 11-183), ch. 132, p. 466, � 3, effective August 10. L. 2017: (6)(g) amended, (SB 17-242), ch. 263, p. 1331, � 212, effective May 25. L. 2018: (1)(a) amended, (HB 18-1364), ch. 351, p. 2082, � 8, effective July 1. L. 2022: (1) and (5)(c) amended, (SB 22-013), ch. 2, p. 64, � 88, effective February 25; (1)(b)(II.5) added and (1)(b)(III) amended, (HB 22-1278), ch. 222, p. 1517, � 79, effective July 1; (6)(e) amended, (HB 22-1295), ch. 123, p. 850, � 81, effective July 1; (1)(a) amended, (SB 22-162), ch. 469, p. 3376, � 68, effective August 10. L. 2023: (3) amended, (HB 23-210), ch. 251, p. 1430, � 6, effective May 24; (1)(b)(I) amended, (HB 23-1296), ch. 269, p. 1601, � 10, effective May 25.
Editor's note: Amendments to subsection (1) by SB 22-013 and SB 22-162 were harmonized.
Cross references: (1) For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act enacting subsection (10), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act amending subsection (6)(h), see section 1 of chapter 389, Session Laws of Colorado 2008. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
(2) 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.