Title 23, Postsecondary Education
0 chapters · 918 sections in this title.
Colo. Rev. Stat. § 23-64-101 Short title
0.3K chars
The short title of this article 64 is the Private Occupational Education Act of 1981. Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1177, � 1, effective August 9. Editor's note: This section is similar to former � 12-59-101 as it existed prior …
Colo. Rev. Stat. § 23-64-102 Legislative declaration
1.5K chars
(1) It is the purpose of this article 64 to provide standards for and to foster and improve private occupational schools and their educational services and to protect the citizens of this state against fraudulent or substandard private occupational schools by: (a) Prohibiting the…
Colo. Rev. Stat. § 23-64-103 Definitions
5.4K chars
As used in this article 64, unless the context otherwise requires: (1) Administrative law judge means a person, appointed by the authority from a list provided by the attorney general, who shall conduct hearings on any matter that is within the jurisdiction of the division and th…
Colo. Rev. Stat. § 23-64-104 Exemptions
5.0K chars
(1) The following educational institutions and educational services are exempt from this article 64: (a) A public school or public educational institution funded wholly or in part by a local school district or school districts or by direct appropriation from the state to a school…
Colo. Rev. Stat. § 23-64-105 Private occupational school division - creation
1.3K chars
The private occupational school division and the office of the director of the division are created in the department of higher education. The division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers an…
Colo. Rev. Stat. § 23-64-106 Powers and duties of division
1.3K chars
(1) The division shall have, in addition to the powers and duties now vested therein by law, the following powers and duties: (a) To publish a list of schools and maintain a list of agents authorized to operate in this state under the provisions of this article 64; (b) To receive…
Colo. Rev. Stat. § 23-64-107 Private occupational school board - established - membership
2.6K chars
(1) Repealed. (2) There is established, in the private occupational school division, the private occupational school board that shall advise the director on the administration of this article 64 and has the powers and duties specified in section 23-64-108. The board is a type 1 e…
Colo. Rev. Stat. § 23-64-108 Powers and duties of board - rules
3.3K chars
(1) The board shall have the following powers and duties: (a) To establish minimum criteria in conformity with section 23-64-112, including quality of education, ethical business practices, and fiscal responsibility, that an applicant for a certificate of approval shall meet befo…
Colo. Rev. Stat. § 23-64-109 Duties of private occupational schools
5.0K chars
A private occupational school shall provide the division with such data as the board deems necessary upon written request of the board. Data pertaining to individual students or personnel shall not be divulged or made known in any way by a member of the board, by the director, or…
Colo. Rev. Stat. § 23-64-110 Submittal of fingerprints for persons teaching at designated schools - fingerprint-based criminal history record checks - prerequisite for commencing or continuing employment
6.9K chars
(1) (a) (I) Instructional staff or prospective instructional staff who may be teaching students in a school designated by the board pursuant to section 23-64-108 (1)(l) shall, beginning July 1, 2006, in order to commence or continue employment at a designated school, submit a set…
Colo. Rev. Stat. § 23-64-111 Duties and powers of the division subject to approval of the executive director
0.4K chars
The division shall exercise all of the powers and duties set forth in section 23-64-106. The executive director shall review and approve, consistent with the institutional role and statewide needs, any action taken by the division pursuant to the powers and duties set forth in se…
Colo. Rev. Stat. § 23-64-112 Minimum standards
5.4K chars
(1) In establishing the criteria required by section 23-64-108 (1)(a), (1)(b), and (1)(j), the board shall observe and require compliance with at least the following minimum standards for all schools: (a) That the school can demonstrate that it has sufficient financial resources …
Colo. Rev. Stat. § 23-64-113 Prohibitions
1.1K chars
(1) No entity of whatever kind, alone or in concert with others, shall: (a) Operate in this state a school not exempt from the provisions of this article 64 unless the school holds a valid certificate of approval issued pursuant to the provisions of this article 64; (b) Offer edu…
Colo. Rev. Stat. § 23-64-114 Application for certificate of approval
2.5K chars
(1) Any entity desiring to operate a private occupational school in this state shall make application for a certificate of approval to the board upon forms to be provided by the board. The application shall include at least the following: (a) A catalog published or proposed to be…
Colo. Rev. Stat. § 23-64-115 Issuance of certificate of approval
1.5K chars
(1) Following the review and evaluation of an application for a certificate of approval and any further information required by the board to be submitted by the applicant and an investigation and appraisal of the applicant as the board deems necessary or appropriate, the board sh…
Colo. Rev. Stat. § 23-64-116 Application for change of ownership - definition
1.8K chars
(1) In the event of a change of ownership of a school, the seller, prior to the effective date of the change of ownership, shall notify the board in writing, and the buyer, prior to the change of ownership, shall apply for approval of the change of ownership upon forms to be prov…
Colo. Rev. Stat. § 23-64-117 Agent's permits
6.5K chars
(1) In-state schools. (a) Any person desiring to engage in the performance of the duties of an agent for a school located within this state shall be registered by the school upon forms to be provided by the division. The registration shall include the following: (I) A statement s…
Colo. Rev. Stat. § 23-64-118 Denial of application for certificate of approval or agent’s permit
1.6K chars
(1) If the board, upon review of an application for a certificate of approval or for an agent’s permit, determines upon reasonable belief that the applicant fails to meet any one or more of the criteria established pursuant to this article 64, the board shall submit to the applic…
Colo. Rev. Stat. § 23-64-119 Revocation of certificate of approval and agent's permit
2.3K chars
(1) If the board determines upon reasonable belief that the holder of a certificate of approval or an agent's permit has violated or is violating any one or more of the criteria established pursuant to this article 64, the board or its authorized designee shall submit to the hold…
Colo. Rev. Stat. § 23-64-120 Refund policy
3.8K chars
(1) As a condition for granting a certificate of approval or an agent's permit to represent a school located outside this state, a school shall maintain a policy for the refund of tuition and fees in the event, and within thirty days of the date, a student fails to enter the cour…
Colo. Rev. Stat. § 23-64-121 Bonds - definitions
14.9K chars
(1) Schools located within this state shall file as a part of their application for a certificate of approval evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, or one bond as set forth in this section covering the sch…
Colo. Rev. Stat. § 23-64-122 Fees - private occupational schools fund - annual adjustment - rules - repeal
4.6K chars
(1) The board by rule shall establish fees for the direct and indirect costs of the administration of this article 64, which fees shall accompany any application for a certificate of approval for a new school or for a school other than a new school, for an in-state or out-of-stat…
Colo. Rev. Stat. § 23-64-123 Deceptive trade or sales practices
4.2K chars
(1) It is a deceptive trade or sales practice for: (a) A school or agent to make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering of educational services if the school or agent knows or reasonably should have known the…
Colo. Rev. Stat. § 23-64-124 Complaints of deceptive trade or sales practices
2.4K chars
(1) A person claiming pecuniary loss as a result of a deceptive trade or sales practice, pursuant to section 23-64-123, by a school or agent may file with the board a written complaint against the school or agent. The complaint must set forth the alleged violation and any other r…
Colo. Rev. Stat. § 23-64-125 Preservation of records
2.2K chars
(1) In the event that a school located in Colorado ceases operation, the owner or his or her authorized designee shall deposit with the division the original or legible true copies of all educational, financial, or other records of the school. (2) In the event that it appears to …
Colo. Rev. Stat. § 23-64-126 Enforceability of notes, contracts, and other evidence of indebtedness
0.9K chars
(1) No note, other instrument of indebtedness, or contract relating to payment for educational services shall be enforceable in the courts of this state by any school located within this state unless the school, at the time of execution of the note, other instrument of indebtedne…
Colo. Rev. Stat. § 23-64-127 Violations - civil - penalty
0.8K chars
The board may commence a civil action against any entity believed by the board to have violated the provisions of section 23-64-113 or who fails or refuses to deposit with the division the records required by section 23-64-125. Upon a finding that the entity has violated the prov…
Colo. Rev. Stat. § 23-64-128 Violations - criminal - penalty
0.6K chars
Any person, group, or entity, or any owner, officer, agent, or employee thereof, who willfully violates the provisions of section 23-64-113 or who willfully fails or refuses to deposit with the division the records required by section 23-64-125 commits a class 2 misdemeanor. Sour…
Colo. Rev. Stat. § 23-64-129 State administrative procedure act
0.5K chars
Unless otherwise provided in this article 64, the provisions of the State Administrative Procedure Act, article 4 of title 24, shall govern the giving of notices for and the conducting of any hearings on any matter within the authority of the board as set forth in this article 64…
Colo. Rev. Stat. § 23-64-130 Jurisdiction of courts - service of process
1.2K chars
Any school located within or without this state that offers to provide educational services to any person in this state, whether the educational services are provided in person or by correspondence, or that offers to award any educational credentials to any person in this state s…
Colo. Rev. Stat. § 23-64-131 Enforcement - injunction - fines - rules
3.3K chars
(1) Whenever it appears to the board that any entity is or has been violating any of the provisions of this article 64 or any of the lawful rules or orders of the board, the board, on its own motion or on the written complaint of any person, may apply for and obtain a temporary r…
Colo. Rev. Stat. § 23-64-132 Transfer of governance of private occupational schools - provisions for transition - rules
1.4K chars
(1) (a) Any powers, duties, and functions relating to the governance, jurisdiction, and control of private occupational schools that were previously vested in the state board for community colleges and occupational education prior to July 1, 1990, are specifically transferred to …
Colo. Rev. Stat. § 23-64-133 Repeal of article - review of functions
0.7K chars
This article 64 is repealed, effective September 1, 2035. Prior to the repeal, the department of regulatory agencies shall review the regulation of private occupational schools and their agents under this article 64, including the functions of the division and the board, in accor…