(1) The Colorado commission for the deaf, hard of hearing, and deafblind advisory council is created in the state department. The division is under the jurisdiction of the communication services for people with disabilities enterprise. The commission exercises its powers and performs its duties and functions under the state department. The division and commission shall advise the enterprise and state agencies regarding the provision of services and resources for the deaf, hard-of-hearing, and deafblind community.
(2) The commission consists of seven members appointed by the governor as follows:
(a) One member who is deaf;
(b) One member who is hard of hearing;
(c) One member who is a professional working with individuals in the deaf, hard-of-hearing, or deafblind community;
(d) One member who is a parent of a deaf, hard-of-hearing, or deafblind person;
(e) One member who is late deafened;
(f) One member who is an auxiliary services provider for the deaf, hard of hearing, or deafblind and who is qualified to use at least one of the titles listed in section 6-1-707 (1)(e); and
(g) One member who is deafblind.
(3) (a) Members shall serve terms of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A member shall not serve more than two consecutive four-year terms.
(b) The governor shall appoint a qualified person to fill any vacancy on the commission for the remainder of any unexpired term.
(4) At least ninety days prior to the expiration of a member's term of office, the commission shall create a list of nominees. The nominees' names shall be submitted to the governor at least forty-five days prior to the expiration of the preceding term for which the nominees are being considered. If the governor approves the nominees, the governor shall appoint one of the nominees for each open position within ninety days after the date of each vacancy; otherwise, the governor shall appoint qualified persons in consultation with the commission.
(5) This section is repealed, effective September 1, 2031. Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.
Source: L. 2000: Entire article added, p. 1625, � 1, effective June 1. L. 2009: (2)(c), (2)(f), and (4) amended, (SB 09-144), ch. 219, p. 986, � 3, effective August 5. L. 2015: IP(2), (2)(c), (2)(f), (2)(g), and (3)(a) amended, (SB 15-178), ch. 151, p. 455, � 4, effective July 1. L. 2018: (1), (2)(c), (2)(d), (2)(f), and (2)(g) amended, (HB 18-1108), ch. 303, p. 1838, � 14, effective August 8. L. 2022: IP(2) and (3)(a) amended, (SB 22-013), ch. 2, p. 68, � 91, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3379, � 76, effective August 10. L. 2025: (1) amended and (5) added, (HB 25-1154), ch. 230, p. 1069, � 5, effective May 22.
Cross references: 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.
26-21-105. Appointment of division director - division procedures - commission's advisory role - repeal. (1) The executive director or the executive director's designee shall appoint a director of the division. The commission shall provide comment and input on the hiring of the division director.
(2) (a) The commission shall convene its first meeting of each fiscal year no later than October 1.
(b) The commission may adopt such policies as are necessary to facilitate orderly conduct of its business.
(c) The commission shall meet at least quarterly. Meetings shall also be held on call of the chair or at the request of at least three members of the commission.
(d) The commission shall adopt no official position, recommendation, or action except by the concurrence of a majority of the members.
(e) The commission shall encourage development and coordination of public and private agencies providing assistance to deaf, hard-of-hearing, and deafblind persons.
(f) Repealed.
(g) The commission shall advise the division on its functions and duties as set forth in section 26-21-106.
(3) and (4) (Deleted by amendment, L. 2009, (SB 09-144), ch. 219, p. 987, � 4, effective August 5, 2009.)
(5) Subsection (2) of this section and this subsection (5) are repealed, effective September 1, 2031. Before the repeal, subsection (2) of this section and this subsection (5) are scheduled for review in accordance with section 2-3-1203.
Source: L. 2000: Entire article added, p. 1626, � 1, effective June 1. L. 2009: Entire section amended, (SB 09-144), ch. 219, p. 987, � 4, effective August 5. L. 2018: (1), (2)(a), and (2)(e) amended and (2)(f) added, (HB 18-1108), ch. 303, p. 1839, � 15, effective August 8. L. 2024: (2)(e), (2)(f)(I), (2)(f)(II), and IP(2)(f)(III) amended, (HB 24-1276), ch. 267, p. 1749, � 5, effective August 7. L. 2025: (1) amended, (2)(f) repealed, and (2)(g) and (5) added, (HB 25-1154), ch. 230, p. 1070, � 6, effective May 22.
Cross references: For the legislative declaration in HB 24-1276, see section 1 of chapter 267, Session Laws of Colorado 2024.
26-21-106. Division for the deaf, hard of hearing, and deafblind - creation - powers, functions, and duties - programs - report - rules - definitions. (1) The division for the deaf, hard of hearing, and deafblind is created in the communication services for people with disabilities enterprise. The powers, functions, and duties of the division include:
(a) Serving as a liaison between deaf, hard of hearing, and deafblind and the general assembly, governor, and Colorado departments and agencies;
(b) Serving as an informational resource to state and local governments, deaf, hard of hearing, deafblind, private agencies, and other entities;
(c) Serving as a referral agency for deaf, hard of hearing, and deafblind to state agencies and institutions, local government agencies, private agencies, and other entities;
(d) Assessing how communications technology has affected the needs of the deaf, hard of hearing, and deafblind, including the type and amount of equipment needed by the deaf, hard-of-hearing, and deafblind community and speech-disabled individuals who qualify under the federal poverty guidelines established in accordance with the Omnibus Budget Reconciliation Act of 1981, 42 U.S.C. 9902 (2);
(e) Assessing the needs of the deaf, hard-of-hearing, and deafblind community and reporting annually to the governor and the general assembly any recommendations for legislation and administrative changes that may facilitate or streamline the provision of government services to individuals who are deaf, hard of hearing, or deafblind. Notwithstanding section 24-1-136 (11)(a)(I), on or before September 1 of each year, the division shall file the report required by this subsection (1)(e). In preparing the annual report and recommendations, the division shall consider the following:
(I) Whether any existing statutory or administrative provisions impede the ability of the division to act as a statewide coordinating agency advocating for individuals who are deaf, hard of hearing, or deafblind in Colorado;
(II) Any methods, programs, or policies that may improve communication and environmental accessibility and quality of existing services, promote or deliver necessary new services, and assist state agencies in the delivery of services to deaf, hard-of-hearing, and deafblind individuals;
(III) Any methods, programs, or policies that may make providing access to government services more efficient; and
(IV) Any methods, programs, or policies that may improve implementation of state policies affecting deaf, hard of hearing, and deafblind and their relationship with the general public, industry, health care, and educational institutions.
(f) Approving a sign language interpreter's certifications as valid and reliable in accordance with section 6-1-707 (1)(e)(I)(B); and
(g) Coordinating the provision of a telecommunications relay service program for individuals in the state who are deaf, hard of hearing, or deafblind or speech-disabled. In doing so, this service shall:
(I) Conform with section 401 of the federal Americans with Disabilities Act of 1990, 47 U.S.C. sec. 225, including the provision for state application to the federal communications commission for certification;
(II) Meet or exceed all operational, technical, and functional minimum standards in federal communications commission regulations governing telecommunication relay services under 47 CFR 64 subpart F and 47 CFR 9 subpart E.
(1.5) (a) On and after June 30, 2025, the rights, powers, duties, and functions regarding the telecommunications relay services vested in the public utilities commission prior to that date are transferred from the public utilities commission to the division for the division to perform the functions described in subsection (1)(g) of this section.
(b) (I) On and after June 30, 2025, whenever any provision of law refers to the public utilities commission in connection with the functions transferred to the division pursuant to this subsection (1.5), the law shall be construed as referring to the division.
(II) Any contract entered into by the public utilities commission prior to June 30, 2025, in connection with the functions transferred to the division pursuant to this subsection (1.5) is validated, with the division succeeding to all rights and obligations under the contract.
(III) On and after June 30, 2025, the division shall satisfy any obligations incurred by the public utilities commission, but not yet paid, in connection with the functions transferred to the division pursuant to this subsection (1.5).
(1.7) Pursuant to a contract entered into between the division director and the board and without regard to the Procurement Code, articles 101 to 112 of title 24, the division shall provide administrative, professional, and technical staff to assist the board with the conduct of the affairs of the enterprise.
(2) The division shall consider the findings of any study authorized under this section and may approve, disapprove, or amend the findings. After consideration of the findings, the division shall submit a report with recommendations, including proposed legislation, if necessary, to the governor and to the general assembly. The division shall submit the report annually, notwithstanding section 24-1-136 (11)(a)(I), and may combine the report with, or include the report as a part of, the annual report prepared under subsection (1)(e) of this section.
(3) The division shall establish and coordinate a communications technology program that is consistent with the findings of subsection (1) of this section to obtain and distribute interactive telecommunications and other communications technology equipment needed by individuals who are deaf, hard of hearing, or deafblind or speech-disabled.
(4) The division, in collaboration with the judicial department, shall arrange for auxiliary services for deaf, hard-of-hearing, and deafblind individuals for the state court system. Arranging auxiliary services for the state court system includes:
(a) Coordinating statewide and day-to-day scheduling of auxiliary services;
(b) Creating and managing a process by which requests for auxiliary services may be filled;
(c) Identifying, coordinating, and placing the appropriate auxiliary services with all concerned parties;
(d) Coordinating the purchase, shipment, and receipt of assistive listening devices and systems pursuant to applicable state rules;
(e) Creating and managing efficient and consistent processes through which auxiliary services providers may submit required documentation and receive payment for services;
(f) Communicating with auxiliary services users, providers, and state court system agencies to resolve issues between those parties; and
(g) (I) Establishing, monitoring, and publishing a list of available qualified interpreters and CART providers for deaf, hard-of-hearing, or deafblind persons.
(II) As used in this subsection (4)(g):
(A) CART provider means a person providing a word-for-word speech-to-text translation service for deaf, hard of hearing, or deafblind.
(B) Qualified interpreter means an individual who has a valid certification of competency accepted by the division and includes oral interpreters, sign language interpreters, and intermediary interpreters.
(5) Repealed.
(6) The division shall establish and maintain outreach and consulting services to improve and ensure effective access to auxiliary services by critical state and local government agencies, private agencies, and other entities. The division shall also use these services to increase awareness of the programs that the division funds and administers for the public.
(7) The division's outreach and consulting services include the following duties:
(a) Provide resources to deaf, hard-of-hearing, and deafblind individuals who have encountered barriers to obtaining necessary services;
(b) Assist deaf, hard-of-hearing, and deafblind individuals in understanding and accessing services that may be available to them;
(c) Consult with state and local government agencies and private entities so that they are equipped to provide direct services or services with accommodations to deaf, hard-of-hearing, and deafblind individuals;
(d) Increase public awareness of the needs and issues facing deaf, hard-of-hearing, and deafblind individuals; and
(e) Develop and maintain a comprehensive resource directory of services and other programs that may be of use to deaf, hard-of-hearing, and deafblind individuals and to agencies that serve them.
(8) The division shall maintain a community access program for one-on-one system navigating services to ensure resources are available to deaf, hard-of-hearing, and deafblind individuals and to protect each individual's right to effective communication and access to environmental information. The community access program must include the following:
(a) Support service providers for deafblind individuals;
(b) Orientation and mobility specialists for deafblind individuals; and
(c) Peer system navigation for deaf, hard-of-hearing, and deafblind individuals who encounter barriers accessing programs, activities, or services.
(8.5) Community intervener program. (a) The division shall establish a family and community intervener program. The family and community intervener program shall work with children and adults who are deafblind with additional cognitive disabilities to facilitate critical connections between the individual and the individual's family, community, and environment. The family and community intervener program must include access to a family and community intervener with specific training in deafblindness, strategies to build language and communication skills, and intervention strategies. The intervener shall:
(I) Work one-on-one with an individual who is deafblind in order to facilitate critical connections between the individual and their community, family, and environment;
(II) Open channels of communication between the individuals and others through an individualized and multimodal approach;
(III) Develop and maintain a trusting, interactive relationship with the individual that promotes social and emotional well-being; and
(IV) Provide the individual with opportunities for learning and development in the community and at home.
(b) The division shall hire a family and community intervener program manager to direct services for children and adults who are deafblind with additional cognitive disabilities, physical disabilities, or both and ensure that an intervener:
(I) Provides individualized services, working with no more than one individual at a given time;
(II) Instructs and supports the individual in skills related to community involvement;
(III) Provides communication and information to the individual concerning the individual's environment that otherwise would be available through vision and hearing; and
(IV) Forms a working alliance with the deafblind individual's family members, neighbors, community organizations, and professionals with whom the individual has contact.
(c) The intervener program manager shall annually assess the effectiveness of intervener services for each individual. In addition, the intervener program manager shall, as appropriate, collaborate with other entities that provide related services.
(9) (a) The division shall arrange for the provision of auxiliary services in rural areas of the state by performing the following functions:
(I) Coordinating on a statewide basis the day-to-day scheduling for auxiliary services to be provided in rural areas;
(II) Creating and managing a process for the intake and fulfillment of requests for auxiliary services in rural areas, including the identification, coordination, and appointment of auxiliary services providers to meet the needs of all parties involved in the proceeding, event, or circumstance for which a request is made;
(III) Creating and managing efficient and consistent processes through which an auxiliary services provider may submit required documentation and receive payment for auxiliary services provided;
(IV) To resolve any issues that arise with regard to auxiliary services, communicating with auxiliary services users, auxiliary services providers, and appointing authorities, as defined in section 13-90-202 (1), in the rural areas in which auxiliary services are requested or are being provided pursuant to this subsection (9);
(V) Providing training opportunities for potential auxiliary services providers who are willing to accept assignments in rural areas;
(VI) Awarding scholarships for potential auxiliary services providers' education, internships, and certification testing for qualified programs;
(VII) Conducting outreach to rural users in need of auxiliary services and auxiliary services providers;
(VIII) Establishing, monitoring, and publishing on the commission's public website a list of available CART providers and qualified interpreters, as defined in subsections (4)(g)(II)(A) and (4)(g)(II)(B) of this section, respectively, who are willing to work in rural areas for individuals who are deaf, hard of hearing, or deafblind; and
(IX) Repealed.
(X) Developing and implementing other strategies to increase capacity for auxiliary services in rural areas.
(b) The board shall adopt rules in consultation with the division, with input from the commission and the deaf, hard-of-hearing, and deafblind community, regarding implementation of this subsection (9). The rules must define the term rural area.
(c) (I) On or before November 1, 2022, and on or before November 1 of each year thereafter, the division shall submit a report to the joint budget committee summarizing the division's implementation of the program described in this subsection (9) over the previous twelve months.
(II) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement set forth in subsection (9)(c)(I) of this section continues indefinitely.
Source: L. 2000: Entire article added, p. 1626, � 1, effective June 1. L. 2002: (3) added, p. 776, � 1, effective May 30. L. 2006: (4) added, p. 1090, � 10, effective May 25. L. 2009: Entire section amended, (SB 09-144), ch. 219, p. 987, � 5, effective August 5. L. 2015: (1), (2), (6), IP(7), and (7)(c) amended, (SB 15-178), ch. 151, p. 455, � 5, effective July 1. L. 2016: (6) amended, (HB 16-1414), ch. 155, p. 487, � 8, effective September 1. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1840, � 16, effective August 8. L. 2019: (1)(f) added, (HB 19-1069), ch. 114, p. 487, � 2, effective August 2. L. 2021: (9) added, (SB 21-216), ch. 79, p. 305, � 2, effective April 30. L. 2023: (8.5) added, (HB 23-1067), ch. 186, p. 908, � 3, effective August 7. L. 2024: (5) repealed, (HB 24-1276), ch. 267, p. 1750, � 6, effective August 7. L. 2025: IP(1), (1)(d), IP(1)(e), (1)(e)(I), (1)(e)(II), (1)(f), (2), (3), IP(4), IP(4)(g)(II), (4)(g)(II)(B), (6), IP(7), (7)(a), (7)(b), IP(8), (8.5), IP(9)(a), (9)(a)(VIII), (9)(b), and (9)(c)(I) amended, (1)(g), (1.5), and (1.7) added, and (9)(a)(IX) repealed, (HB 25-1154), ch. 230, p. 1071, � 7, effective May 22.
Cross references: For the legislative declaration in SB 21-216, see section 1 of chapter 79, Session Laws of Colorado 2021. For the legislative declaration in HB 23-1067, see section 1 of chapter 186, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1276, see section 1 of chapter 267, Session Laws of Colorado 2024.
26-21-107. Colorado division for the deaf, hard of hearing, and deafblind cash fund - creation - gifts, grants, and donations - reimbursement. (1) (a) There is created in the state treasury the Colorado division for the deaf, hard of hearing, and deafblind cash fund. All money credited to the fund must, pursuant to section 26-21-103.5 (1)(a)(IV), be used exclusively for the administration and discharge of the duties of the enterprise, commission members, and division staff under this article 21. All unexpended and unencumbered money remaining in the fund at the end of a fiscal year and all money credited to the fund and any interest earned from the investment of money in the fund remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.
(b) Subject to annual appropriation from the general assembly, the enterprise may expend money from the Colorado division for the deaf, hard of hearing, and deafblind cash fund for the purposes set forth in section 26-21-103.5 and to pay the enterprise's reasonable and necessary operating expenses.
(2) The commission, subject to spending authority granted by the general assembly, is authorized to receive and expend gifts, grants, and donations from individuals, private organizations, foundations, or any governmental unit; except that no gift, grant, or donation may be accepted by the commission if it is subject to conditions that are inconsistent with this article or any other law of this state.
(3) Commission members shall be reimbursed for actual and necessary expenses incurred in the discharge of their official duties, including an allowance for mileage as provided in section 24-9-104 (2), C.R.S. The commission may establish a standardized per diem designed to cover the actual expenses of the members pursuant to this subsection (3).
Source: L. 2000: Entire article added, p. 1627, � 1, effective June 1. L. 2002: (1) amended, p. 776, � 2, effective May 30. L. 2009: (1) and (2) amended, (SB 09-144), ch. 219, p. 990, � 6, effective August 5. L. 2018: (1) amended, (HB 18-1108), ch. 303, p. 1844, � 17, effective August 8. L. 2025: (1) amended, (HB 25-1154), ch. 230, p. 1075, � 8, effective May 22.
26-21-107.5. Colorado division for the deaf, hard of hearing, and deafblind grant program - creation - standards - applications - definition. (1) The Colorado division for the deaf, hard of hearing, and deafblind grant program is established to provide funding for entities to improve communication between fee payers by addressing the needs of individuals who are deaf, hard of hearing, and deafblind.
(2) (a) The Colorado division for the deaf, hard of hearing, and deafblind grant program committee appointed pursuant to section 26-21-107.7 shall administer the grant program as provided in section 26-21-107.7.
(b) The division shall pay the grants awarded through the grant program from money appropriated by the general assembly.
(c) Subject to available money, the general assembly shall appropriate to the division no more than fifty thousand dollars annually to administer the grant program.
(3) The state department shall adopt rules addressing timelines and guidelines for the grant program and establishing criteria for approving or disapproving grant applications.
(4) An entity seeking to provide services to deaf, hard-of-hearing, or deafblind persons or to enhance existing deaf, hard-of-hearing, or deafblind programs may apply for a grant through the grant program.
(5) As used in this section, entity means a local government, state agency, state-operated program, or private nonprofit or not-for-profit organization.
(6) Grants must be awarded as provided in section 26-21-107.7 (3) and in compliance with applicable state rules.
(7) Grantees shall comply with reporting requirements established by the division.
Source: L. 2009: Entire section added, (SB 09-144), ch. 219, p. 990, � 7, effective August 5. L. 2018: (1), (2), (4), and (6) amended, (HB 18-1108), ch. 303, p. 1844, � 18, effective August 8. L. 2021: (5) amended, (SB 21-216), ch. 79, p. 306, � 3, effective April 30. L. 2025: (1), (2), and (7) amended, (HB 25-1154), ch. 230, p. 1067, � 9, effective May 22.
Cross references: For the legislative declaration in SB 21-216, see section 1 of chapter 79, Session Laws of Colorado 2021.
26-21-107.7. Colorado division for the deaf, hard of hearing, and deafblind grant program committee - creation - members - duties - reimbursement for expenses.
(1) (a) Repealed.
(a.5) (I) There is created the Colorado division for the deaf, hard of hearing, and deafblind grant program committee, referred to in this section as the committee, consisting of five members, for the purpose of recommending to the division approval or disapproval of applications for the grant program.
(II) The division shall appoint four members to the committee as follows:
(A) One person who is deaf;
(B) One person who is deafblind;
(C) One person who is hard of hearing; and
(D) One representative of the public at large.
(III) Repealed.
(b) In addition to the appointed committee members, the director shall serve as an ex-officio member of the committee.
(c) In appointing members to the committee, the division shall choose individuals who have knowledge and awareness of innovative strategies that address challenges faced by the deaf, hard-of-hearing, and deafblind and speech-disabled communities.
(d) The appointed members of the committee shall serve three-year terms. If a vacancy arises in one of the appointed positions, the division shall appoint a replacement to fill the vacancy for the remainder of the term.
(e) Members of the committee are entitled to be reimbursed for all actual and necessary expenses incurred in the performance of their duties.
(f) The committee may meet via electronic communication when necessary.
(2) The committee shall review all applications received pursuant to section 26-21-107.5. Based on criteria established by the division, the committee shall recommend to the division those applications to approve, with recommended grant amounts, and those to disapprove.
(3) The division shall review and may follow the recommendations of the committee for approval or disapproval of applications for the grant program and for grant amounts. If the division disagrees with the recommendations of the committee, the director of the division has final decision-making authority to approve or disapprove the applications and to set the grant amounts.
Source: L. 2009: Entire section added, (SB 09-144), ch. 219, p. 991, � 7, effective August 5. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1844, � 19, effective August 8. L. 2023: (1)(e) amended, (SB 23-210), ch. 251, p. 1431, � 11, effective May 24. L. 2025: (1)(a.5)(I), IP(1)(a.5)(II), (1)(c), (1)(d), (1)(e), (2), and (3) amended and (1)(a.5)(III) repealed, (HB 25-1154), ch. 230, p. 1076, � 10, effective May 22.
Editor's note: Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective September 1, 2018. (See L. 2018, p. 1844.)