Colorado Roofing Licensing Law

Colorado Code · 865 sections

The following is the full text of Colorado’s roofing licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 1-1-113

1-1-113. Neglect of duty and wrongful acts - procedures for adjudication of controversies - review by supreme court. (1) When any controversy arises between any official charged with any duty or function under this code and any candidate, or any officers or representatives of a political party, or any persons who have made nominations or when any eligible elector files a verified petition in a district court of competent jurisdiction alleging that a person charged with a duty under this code has committed or is about to commit a breach or neglect of duty or other wrongful act, after notice to the official which includes an opportunity to be heard, upon a finding of good cause, the district court shall issue an order requiring substantial compliance with the provisions of this code. The order shall require the person charged to forthwith perform the duty or to desist from the wrongful act or to forthwith show cause why the order should not be obeyed. The burden of proof is on the petitioner.

(2)  Repealed.


(3)  The proceedings may be reviewed and finally adjudicated by the supreme

court of this state, if either party makes application to the supreme court within three days after the district court proceedings are terminated, unless the supreme court, in its discretion, declines jurisdiction of the case. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review.

(4)  Except as otherwise provided in this part 1, the procedure specified in this

section shall be the exclusive method for the adjudication of controversies arising from a breach or neglect of duty or other wrongful act that occurs prior to the day of an election.

(5)  Notwithstanding any other provision of law, the procedures specified in

section 1-1.5-105 shall constitute the exclusive administrative remedy for a complaint arising under Title III of the federal Help America Vote Act of 2002, Pub.L. 107-252.

Source: L. 92: Entire article R&RE, p. 635, � 1, effective January 1, 1993. L. 93:

(1) amended, p. 1396, � 8, effective July 1. L. 94: (2) amended and (4) added, p. 1151, � 4, effective July 1. L. 2003: (5) added, p. 2065, � 6, effective May 22. L. 2007: (3) amended, p. 1968, � 3, effective August 3. L. 2010: (2) repealed, (HB 10-1291), ch. 325, p. 1506, � 2, effective July 1.

Editor's note: This section is similar to former � 1-1-111 as it existed prior to

1992.

Cross references: (1)  For violation of duty and penalty therefor, see � 1-13-107.


(2)  For the Help America Vote Act of 2002, see Pub.L. 107-252, codified at

42 U.S.C. sec. 15301 et seq.

C.R.S. § 1-11-209

1-11-209. Depositions in contests for state senator or representative. (1) Either party, at the time the statement or answer is served, may serve upon the adverse party reasonable notice of taking depositions to be used at trial of the contest for state senator or state representative. Immediately after joining issue of fact, both parties shall proceed with all reasonable diligence to take any depositions they may desire to use at trial. Nothing in this subsection (1) shall abridge the right of either party to take depositions upon reasonable notice prior to the joining of issue in relation to any of the matters in controversy; but a failure to take depositions before the joining of issue shall not be held as laches against either party to the contest.

(2)  If, upon the completion of taking any depositions, the adverse party has

any witnesses present before the officer taking the depositions whose testimony the adverse party may wish to use in rebuttal of the depositions, the adverse party may proceed immediately to take the deposition of the rebutting witness before the officer, upon giving written notice to the other party or the other party's attorney. The officer shall attach to the depositions a copy of the notice with proof of service and shall return the rebuttal depositions in the same manner provided for returning depositions in chief. The party taking a deposition shall pay all costs of taking the deposition and its return.

(3)  The time for taking depositions to be used at trial of the contest shall

expire three days prior to the meeting of the next general assembly. Both parties may take depositions at the same time, but neither party shall take depositions at more than one place at the same time. Nothing in this subsection (3) shall be construed to abridge the right of either house of the general assembly, upon good cause shown, to extend the time to take depositions, or to send for and examine any witness, or to take any testimony it may desire to use on trial of the contest, or to order a recount of the ballots if there has been an error in surveying the returns in any county or precinct.

(4)  Any county or district judge of or for a county in the judicial district where

a contested election case arises may issue subpoenas, compel the attendance of witnesses, take depositions, and certify depositions according to the rules of the district court.

(5)  The officer before whom the depositions are taken, upon the completion

thereof, shall certify the depositions immediately, shall enclose the depositions, and the notices for taking the depositions, and the proofs of service of the notices in an envelope, and shall seal and transmit the envelope by mail or in person by a sworn officer, to the secretary of state, with an endorsement showing the nature of the papers, the names of the contesting parties, and the house of the general assembly before which the contest is to be tried.

Source: L. 92: Entire article R&RE, p. 789, � 14, effective January 1, 1993.


Editor's note: This section is similar to former � 1-11-207 as it existed prior to

1992.

Cross references: For depositions, see C.R.C.P. 26 to 37; for causes of

contest, see � 1-11-201; for venue, see C.R.C.P. 98 and Crim. P. 18; for contested elections, see C.R.C.P. 100.

C.R.S. § 1-11-210

1-11-210. Secretary of state to transmit papers in contests for state senator or representative. The secretary of state shall deliver the sealed envelope containing depositions, notices, and proofs of service, together with the statement of contestor, answer of contestee, and reply, to the presiding officer of the body in which the contest for senator or representative is to be tried, immediately upon the organization of the body or as soon thereafter as documents are received. The presiding officer, immediately upon receiving the documents, shall give notice to the body that the papers are in the officer's possession.

Source: L. 92: Entire article R&RE, p. 790, � 14, effective January 1, 1993.


Editor's note: This section is similar to former � 1-11-208 as it existed prior to

1992.

C.R.S. § 1-12-108

1-12-108. Petition requirements - approval as to form - determination of sufficiency - protest - offenses. (1) The petition shall be prepared and circulated pursuant to this part 1.

(1.5)  No signature shall be counted that was placed on a petition prior to

approval as to form of the petition by the designated election official pursuant to subsection (4) of this section or more than sixty days after the designated election official's approval as to form of the petition.

(2) (a)  The petition for the recall of an elected official may consist of one or

more sheets, to be fastened together in the form of one petition section, but each side of the sheet that contains signatures of eligible electors shall contain the same heading and each petition section shall contain one sworn affidavit of the circulator. No petition shall contain the name of more than one person proposed to be recalled from office.

(b)  The petition for recall may be circulated and signed in sections, and each

section must contain a full and accurate copy of the warning as required by subsection (3)(b) of this section, the title in subsection (3)(c) of this section, the general statement as described in section 1-12-103, the cost estimate required by subsection (3.5) of this section, the statement of the incumbent if provided pursuant to subsection (4)(a)(II) of this section, and appropriate columns or spaces for the information required in subsection (5)(b) of this section. Each petition section must designate, by name and address, a committee of up to three persons that represents the signers in all matters affecting the petition.

(3) (a)  A petition shall not be certified as sufficient unless it contains the

required number of names of eligible electors. A designated election official shall not count the names of electors whose names appeared on a previous petition deemed sufficient for the recall of the same person and office.

(b)  At the top of each side of each sheet that contains signatures of eligible

electors shall be printed, in bold-faced type, the following:

WARNING:

IT IS AGAINST THE LAW:

For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same measure or to knowingly sign the petition when not a registered elector.

Do not sign this petition unless you are an eligible elector. To be an eligible elector you must be registered to vote and eligible to vote in (name of political subdivision) elections.

Do not sign this petition unless you have read or have had read to you the proposed recall measure in its entirety and understand its meaning.

(c)  Directly following the warning in paragraph (b) of this subsection (3) shall

be printed in bold-faced type the following:

Petition to recall (name of person sought to be recalled) from the office of (title of office).

(3.5)  Prior to submitting a printer's proof of a petition for approval as to form,

the committee shall notify the designated election official of the committee's intent to file a petition for approval as to form. Within three business days of receiving the notice, the designated election official shall provide the committee with an estimate of the costs of conducting the recall election. The cost estimate must be included in each petition section circulated.

(4) (a) (I)  A petition shall not be circulated until the first printer's proof of the

petition has been submitted to the designated election official and it has been approved as to form as meeting the requirements of this subsection (4). All sections of the petition must be prenumbered serially. The official with whom the petitions are to be filed pursuant to section 1-12-107 shall approve or disapprove a petition as to form by the close of the seventh business day following submission of the printer's proof of the proposed petition. On the day the designated election official approves the format, the designated election official shall mail or electronically submit written notice of the action taken to the committee and to the person whom the petition seeks to recall.

(II)  Immediately upon receiving a printer's proof of a proposed petition for

approval as to form, the designated election official shall notify the incumbent and provide the incumbent with a copy of the printer's proof. Within three business days of the notification, the incumbent may submit to the designated election official the statement described in section 1-12-112 (1). If the incumbent timely submits the statement, the designated election official shall disapprove the petition as to form and shall provide the committee with a copy of the incumbent's statement with the notice of disapproval. The committee may resubmit the printer's proof of the proposed petition, which must include the incumbent's statement, for approval.

(b)  If the form of the petition is not approved as to form, the designated

election official shall provide specific reasons for the disapproval.

(c)  Nothing in this section limits the ability of the committee to correct a

petition as to form in accordance with the specific reasons set forth pursuant to paragraph (b) of this subsection (4) and to submit the corrected petition for review and approval or disapproval in the same manner as provided in this part 1 for an original submission.

(d)  The designated election official shall notify the committee at the time a

petition format is approved that the committee must register an issue committee pursuant to section 1-45-108 (3.3) if two hundred or more petition sections are printed or accepted in connection with circulation of the petition.

(5) (a)  Every state petition shall be signed only by eligible electors.


(b)  Every petition for a county or school district officer shall be signed only

by active registered electors who are not required to submit a copy of their identification with their mail ballot under section 1-7.5-107 (3.5).

(c)  Unless physically unable, all electors shall sign their own signature and

shall print their names, respective residence addresses, including the street number and name, the city or town, the county, and the date of signature. Each signature on a petition must be made, to the extent possible, using a pen. If, while verifying a signer's information against the registration records in accordance with subsection (8) of this section, the designated election official finds that the signer provided his or her mailing address rather than his or her residence address, the designated election official may accept the signature line as valid if the designated election official is able to locate the signer's record in the statewide voter registration database and determines that the signer was eligible to sign the petition.

(d)  Any person, except a circulator, may assist an elector who is physically

unable to sign the petition in completing the information on the petition as required by law. On the petition immediately following the name of the elector receiving assistance, the person providing assistance shall sign, provide the person's address, and state that the assistance was given to the elector.

(6) (a)  No person may circulate a recall petition unless the person is a citizen

of the United States and at least eighteen years of age.

(b)  A circulator who is not paid for circulating a recall petition shall display

an identification badge that includes the words VOLUNTEER CIRCULATOR in bold-faced type that is clearly legible.

(c)  A circulator who is paid for circulating a recall petition shall display an

identification badge that includes the words PAID CIRCULATOR in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.

(d)  The secretary of state shall make available to recall petition circulators

the training developed for petition circulators under section 1-40-112 (3). The recall committee shall inform paid and volunteer circulators of the availability of this training program as one manner of complying with the requirement in the circulator's affidavit that a circulator read and understand the laws pertaining to petition circulation.

(e)  To each petition section must be attached a signed, notarized, and dated

affidavit executed by the person who circulated the petition section that must include the following:

(I)  The circulator's printed name, the address at which the circulator resides,

including the street name and number, the city or town, the county, and the date the circulator signed the affidavit;

(II)  That the circulator has read and understands the laws governing the

circulation of recall petitions;

(III)  That the circulator was a citizen of the United States and at least

eighteen years of age at the time the section of the petition was circulated;

(IV)  That the circulator circulated the section of the petition;


(V)  That each signature appearing on the petition was made in the

circulator's presence;

(VI)  That each signature on the petition is, to the best of the circulator's

knowledge, the signature of the person whose name it purports to be and was made by someone eligible to sign the recall petition;

(VII)  That the circulator has not paid or will not in the future pay and that the

circulator believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to sign the petition;

(VIII)  That the circulator understands that the circulator can be prosecuted

for violating the laws governing the circulation of recall petitions; and

(IX)  That the circulator understands that failing to make himself or herself

available to be deposed and to provide testimony in the event of a protest shall invalidate the petition section if it is challenged on the grounds of circulator fraud.

(f)  A notary public shall not notarize an affidavit required by subsection (6)(e)

of this section unless:

(I)  The circulator is in the physical presence of the notary public; and


(II)  The circulator has dated the affidavit and fully and accurately completed

all of the personal information on the affidavit.

(g)  As part of any court proceeding or hearing conducted by the designated

election official related to a protest of all or a part of a petition section, the circulator of such petition section may be required by the designated election official, hearing officer, or court to make himself or herself available to be deposed and to testify in person, by telephone, or by any other means permitted under the Colorado rules of civil procedure. Except as provided in subsection (6)(h) of this section, the petition section that is the subject of the protest is invalid if a circulator fails to comply with the requirements set forth in this subsection (6)(g). This section only applies to a protest that includes an allegation of circulator fraud that is pled with particularity regarding:

(I)  Forgery of a registered elector's signature;


(II)  Circulation of a petition section, in whole or part, by anyone other than

the person who signed the affidavit attached to the petition section;

(III)  Use of a false circulator name or address in the affidavit; or


(IV)  Payment of money or other things of value to any person for the purpose

of inducing the person to sign the petition.

(h)  If a designated election official, hearing officer, or court finds that the

circulator of a petition section is unable to be deposed or to testify at trial or a hearing because the circulator has died, become mentally incompetent, or become medically incapacitated and physically unable to testify, the provisions of subsection (6)(g) of this section do not apply to invalidate a petition section circulated by the circulator.

(i)  The recall committee shall maintain a list of the names, addresses, and

section numbers circulated for all circulators of the petition and the names and section numbers of the notaries public who notarized the petition sections. A copy of the list must be filed with the designated election official along with the petition. If a copy of the list is not filed, the designated election official shall prepare the list and charge the members of the recall committee a fee. The fee must be set at an amount that covers the cost of the preparation of the list. Once filed or prepared by the designated election official, the list is a public record for the purposes of article 72 of title 24.

(j)  The designated election official shall not accept for filing any section of a

petition that does not have attached to it the notarized affidavit required by this section. Any signature added to a section of a petition after the notarized affidavit has been executed is invalid.

(7)  (Deleted by amendment, L. 97, p. 1062, � 5, effective May 27, 1997.)


(7.5)  The petition may be filed at any time during the sixty-day period after

the designated election official's approval as to form of the petition as specified in this section. The committee shall file all sections of a petition simultaneously, and any section of a petition submitted after the petition is filed is invalid and has no force or effect.

(8) (a)  Promptly after the petition has been filed, the designated election

official for the political subdivision shall review all petition information and verify the information against the registration records. The designated election official shall verify signatures and provide an opportunity to cure in the same manner as section 1-4-908 (1.5). The secretary of state shall establish guidelines for verifying petition entries. Within twenty-four hours after the petition is delivered, the designated election official shall notify the incumbent by mail or email of the delivery. Following verification of the petition by the designated election official, the designated election official shall make a copy of the petition available to the incumbent sought to be recalled. Nothing in this section prescribes the form in which the petition must be maintained by the designated election official or prevents a designated election official from collecting fees for copies of the petition in accordance with the Colorado Open Records Act, part 2 of article 72 of title 24.

(b)  Any disassembly of a section of the petition prior to filing that has the

effect of separating the affidavit from the signatures renders that section of the petition invalid and of no force and effect.

(c) (I)  After review, and no later than twenty-eight days after the initial filing

of the petition, the designated election official shall notify the committee and the incumbent of the number of valid signatures and whether the petition appears to be sufficient or insufficient.

(II)  Repealed.


(II.5)  During the review of any recall petition, the designated election official

shall notify the committee of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the committee has five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the committee must provide the designated election official with a new circulator affidavit that corrects the errors of the previously submitted affidavit.

(III)  If the petition is verified as insufficient, the designated election official

shall provide the specific reasons for the determination to the committee by mail or email. The determination may be appealed within five days by the committee in the manner provided in section 1-1-113 to the district court in the county in which the petition was filed. No person other than those on the committee has standing to appeal a determination that the petition is insufficient.

(9) (a) (I)  A recall petition that has been verified by the designated election

official is sufficient unless a protest in writing under oath is filed in the office of the designated election official by an eligible elector within fifteen days after the designated election official has determined the sufficiency of the petition under subsection (8)(c) of this section.

(II)  The protest must set forth specific grounds for the protest. Grounds

include failure of any portion of a petition or circulator affidavit to meet the requirements of this article 12 or any conduct on the part of petition circulators that substantially misleads persons signing the petition. The designated election official shall mail and email a copy of the protest to the committee, together with a notice fixing a time for hearing the protest not less than five nor more than ten days after the notice is mailed and emailed.

(III)  Every hearing shall be heard before the designated election official with

whom the protest is filed or a designee of the designated election official appointed as the hearing officer. The testimony in every hearing must be under oath. The hearing must be summary and not subject to delay and must be concluded within thirty days after the protest is filed with the designated election official, and the result shall be certified to the committee.

(b)  The party filing a protest has the burden of sustaining the protest by a

preponderance of the evidence. The decision upon matters of substance is open to review, if application is made within five days, in the manner provided in section 1-1-113, to the district court in the county in which the petition was filed. The remedy in all cases must be summary, and the decision of any court having jurisdiction is final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any judicial proceeding as provided in section 1-1-113.

(c)  Repealed.


(d) (I)  At any time before the designated election official submits a

certificate of sufficiency pursuant to section 1-12-111, any signer may request that his or her name be stricken from the petition by filing with the designated election official a written request that his or her signature be stricken. If the request is delivered to the designated election official through the United States mail, it is deemed delivered to the designated election official on the date shown by the cancellation mark on the envelope containing the request received by the member of the committee or the designated election official. If the request is submitted to the designated election official by email, it is deemed delivered on the date and time it is shown to be sent. If the request is delivered to the designated election official in any other manner, it is deemed delivered to the designated election official on the date of delivery and stamped receipt by the designated election official.

(II)  If a written request is delivered before the designated election official

notifies the committee of the number of valid signatures on a petition in accordance with subsection (8)(c)(I) of this section, the election official shall strike the signature of the signer who filed the request. If the written request is delivered before the petition is filed, the election official shall strike the signature of the signer who filed the request promptly upon the filing of the petition.

(III)  If a written request is delivered after the designated election official

notifies the committee of the number of valid signatures but before the date a protest is filed in accordance with subsection (9)(a) of this section or the date the designated election official submits the certificate of sufficiency in accordance with section 1-12-111, the designated election official shall strike the signature of the signer who filed the request. If striking a signature in accordance with this subsection (9)(d)(III) changes the determination of sufficiency, the designated election official shall notify the committee and the incumbent that the petition is verified insufficient as of the date the signature is struck. The determination of insufficiency may be appealed in accordance with subsection (8)(c)(III) of this section.

(IV)  If a written request is delivered after the date a protest is filed in

accordance with subsection (9)(a) of this section, the designated election official shall strike the signature as part of the protest proceedings.

(V)  If a signer submits a written request to strike the signer's signature from

the petition to any member of the committee at any time before the designated election official submits the certificate of sufficiency pursuant to section 1-12-111, the member of the committee shall immediately provide the request to the designated election official. The request is deemed delivered to the designated election official on the day that the member of the committee received it. A member of the committee who fails to comply with this subsection (9)(d)(V) commits a misdemeanor punishable in accordance with section 1-13-111.

(10)  Any person who willfully destroys, defaces, mutilates, or suppresses a

petition, or who willfully neglects to file or delays delivery of a petition, or who conceals or removes a petition from the possession of the person authorized by law to have custody of it, or who aids, counsels, procures, or assists any person in doing any of the above acts upon conviction shall be punished as provided in section 1-13-111.

Source: L. 92: Entire article R&RE, p. 795, � 15, effective January 1, 1993. L.

93: Entire section amended, p. 1435, � 119, effective July 1. L. 95: Entire section amended, p. 845, � 72, effective July 1. L. 97: (4), (7), (8)(c), (9)(a), and (9)(c) amended and (7.5) added, p. 1062, � 5, effective May 27. L. 99: (9)(c) amended and (9)(d) added, p. 95, � 1, effective September 1. L. 2001: (2)(a) amended, p. 1004, � 14, effective August 8. L. 2002: (7.5) amended, p. 1640, � 32, effective June 7. L. 2007: (6)(a) and (6)(b) amended, p. 1981, � 32, effective August 3. L. 2012: (1), (2), (3)(a), (3)(b), (4), (5)(c), (6)(b), (6)(c), (7.5), (8), (9)(a), (9)(c), and (9)(d)(I) amended and (1.5) added, (HB 12-1293), ch. 236, p. 1040, � 6, effective May 29. L. 2014: (6)(b) and (8)(c)(II) amended, (8)(c)(II.5) added, and (9)(c) repealed, (SB 14-158), ch. 170, p. 618, � 4, effective May 9. L. 2018: (9)(d) amended, (SB 18-233), ch. 262, p. 1617, � 40, effective May 29. L. 2019: (6)(a), (8)(a), and (8)(c)(II.5) amended, (HB 19-1278), ch. 326, p. 3034, � 46, effective August 2. L. 2021: (2)(b), (3)(a), (4)(a), (5), (6), (8)(a), (8)(c)(I), (8)(c)(III), (9)(a), (9)(b), and (9)(d) amended, (3.5) and (4)(d) added, and (8)(c)(II) repealed, (SB 21-250), ch. 282, p. 1655, � 56, effective June 21; (10) amended, (SB 21-271), ch. 462, p. 3122, � 1, effective March 1, 2022.

Cross references: (1)  For the legislative declaration in SB 14-158, see section

1 of chapter 170, Session Laws of Colorado 2014.

(2)  For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of

chapter 326, Session Laws of Colorado 2019.

C.R.S. § 1-13-207

1-13-207. Signature on registration record is proof of oath. Any elector, election official, or other person, by his signature on the registration record, shall be conclusively deemed in law to have duly verified such registration record. The registration record containing such signature, or a copy thereof certified by the county clerk and recorder, shall be admissible in evidence as proof of the taking of an oath or affirmation as to the information contained therein in all criminal proceedings pursuant to sections 1-13-104, 1-13-203, and 1-13-205.

Source: L. 80: Entire article R&RE, p. 431, � 1, effective January 1, 1981. L. 91:

Entire section amended, p. 638, � 80, effective May 1.

Editor's note: This section is similar to former � 1-13-116 as it existed prior to

1980.

C.R.S. § 1-13-804

1-13-804. Duty to report lost, stolen, or late ballots - penalty. Any person responsible for preparing, issuing, transporting, or mailing ballots who has personal knowledge that mail ballots under that person's care have been either lost or stolen or will, for any reason, not be timely delivered to electors, shall report the issue to the county clerk and recorder. Any person who knowingly and willfully fails to report as required by this section upon conviction shall be punished as provided in section 1-13-111. This section shall not apply to election judges, staff of the county clerk and recorder, or individual United States postal workers.

Source: L. 2020: Entire section added, (HB 20-1313), ch. 260, p. 1255, � 4,

effective September 14. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3132, � 48, effective March 1, 2022.

PART 9

(Reserved)

ARTICLE 13.5

Colorado Local Government Election Code

Cross references: For the legislative declaration in HB 14-1164, see section 1

of chapter 2, Session Laws of Colorado 2014.

Law reviews: For article, The New Colorado Local Government Election

Code: The Greatest Thing Since Sliced Bread, see 43 Colo. Law. 39 (Sept. 2014).

PART 1

DEFINITIONS AND GENERAL PROVISIONS

1-13.5-101.  Short title. This article shall be known and may be cited as the

Colorado Local Government Election Code.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 5, � 6, effective

February 18.

1-13.5-102.  Applicability of article - legislative intent. (1)  This article

applies only to nonpartisan elections not coordinated by county clerk and recorders that are conducted by a local government; except that nothing prohibits the governing body of a local government from utilizing any requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of this title, in accordance with section 1-13.5-106.

(2)  It is the general assembly's intent that the Uniform Election Code of

1992 continue to govern coordinated elections.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 5, � 6, effective

February 18.

1-13.5-103.  Definitions. As used in this article 13.5, unless the context

otherwise requires:

(1)  Absentee voter means an eligible elector who requests in writing that

the designated election official mail a ballot to either the elector's deliverable mailing address or to another address designated by the elector for the purpose of voting by mail.

(1.5)  Affidavit means a sworn statement in writing, including a self-affirmation.


(2)  Designated election official means the person designated by the

governing body of a local government or by court order to supervise election duties.

(3)  Electronic voting system means a system in which an elector votes

using a device by which votes are recorded electronically, including a touchscreen system.

(4)  Eligible elector means a person who meets the specific requirements

for voting at a specific election conducted under this article or for a specific candidate, ballot question, or ballot issue.

(5)  Issue committee has the meaning set forth in section 1-45-103.


(6)  Local government means any district, business improvement district,

special district created pursuant to title 32, C.R.S., authority, or political subdivision of the state, authorized by law to conduct an election. Local government does not include a county, school district, regional transportation district, or municipality as defined in section 31-1-101 (6), C.R.S.

(7)  Pollbook means the list of eligible electors who are permitted to vote at

a polling place or by mail ballot at an election conducted pursuant to this article.

(8)  Polling place means a place established for holding elections

conducted under this article.

(9)  Property owners list means the list of property owner names and

addresses prepared by the county assessor in accordance with section 1-13.5-204 or 1-13.5-1105 (2)(a) and (2)(b).

(10)  Registration list means the list of registered electors of each local

government, as prepared by the county clerk and recorder for the county in which the local government is located or as obtained through state registration records in accordance with section 1-13.5-203.

(11)  Special district means any public entity, as defined in section 24-10-103, C.R.S., that is authorized by law to hold an election; except that the term does

not include a county, a municipality as defined in section 31-1-101, C.R.S., or a school district as defined in section 22-30-103, C.R.S.

(12)  Voter means an eligible elector who voted in the most recent election

conducted pursuant to this article.

(13)  Voting machine means any device fulfilling the requirements for voting

machines set forth in part 4 of article 7 of this title regarding its use, construction, procurement, and trial.

(14)  Watcher means a registered elector of the local government whose

name is submitted to the designated election official and certified by the designated election official to the appropriate election judges pursuant to section 1-13.5-602.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 6, � 6, effective

February 18. L. 2016: (1.5) added, (HB 16-1442), ch. 313, p. 1266, � 1, effective August 10. L. 2021: IP and (9) amended, (SB 21-160), ch. 133, p. 536, � 1, effective September 7.

1-13.5-104.  Acts and elections conducted pursuant to provisions that refer

to qualified electors. Any elections, and any acts relating thereto, carried out under law that were conducted prior to July 1, 1987, pursuant to provisions that referred to a qualified elector rather than an eligible elector and that were valid when conducted are deemed and held to be legal and valid in all respects.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective

February 18.

1-13.5-105.  Acts legal and valid. Acts and elections conducted pursuant to

provisions that refer to registered electors, any elections, and any acts relating to those elections carried out under law that were conducted prior to July 1, 1992, and that were valid when conducted are held to be legal and valid in all respects.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective

February 18.

1-13.5-106.  Applicability of the Uniform Election Code of 1992. (1)  Any

local government may provide by resolution that it will utilize all or part of the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of this title, in lieu of all or portions of this article with respect to any election. Absent such resolution, this article applies.

(2)  All provisions of the Uniform Election Code of 1992 not in conflict with

this article 13.5 apply to local government elections; except that:

(a)  Elections offenses and penalties described by parts 2 and 3 of article 13

of this title 1 do not apply to elections authorized under this article 13.5;

(b)  Except as provided in subsection (2)(c) of this section, recall elections of

local government officers must be conducted pursuant to part 5 of article 4 of title 31; and

(c)  Recall elections of directors of special districts created pursuant to title

32 and directors of business improvement districts who were elected pursuant to section 31-25-1209 (1)(d) must be conducted pursuant to part 9 of article 1 of title 32.

(3)  It is the intent of the general assembly that the general provisions of this

article not supersede or supplant specific provisions of law.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective

February 18; (2) amended, (SB 14-158), ch.170, p. 623, � 14, effective May 9. L. 2016: (2) amended, (SB 16-189), ch. 210, p. 754, � 5, effective June 6. L. 2018: (2) amended, (HB 18-1268), ch. 200, p. 1306, � 4, effective May 4.

Cross references: For the legislative declaration in SB 14-158, see section 1

of chapter 170, Session Laws of Colorado 2014.

1-13.5-107.  Computation of time. (1)  Calendar days shall be used in all

computations of time made under this article.

(2)  In computing time for any act or event to be done before any local

government election, the first day is excluded, and the last, or election, day is included. Saturdays, Sundays, and legal holidays are included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, � 6, effective

February 18. L. 2021: (2) amended, (SB 21-160), ch. 133, p. 536, � 2, effective September 7.

1-13.5-108.  Powers of designated election official. (1)  Except as otherwise

provided in this article, the designated election official shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article.

(2)  All powers and authority granted to the designated election official by

this article may be exercised by a deputy designated election official in the absence of the designated election official or in the event the designated election official is unable to perform the duties.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective

February 18.

1-13.5-109.  Construction. Substantial compliance with the provisions or

intent of this article is all that is required for the proper conduct of an election to which this article applies.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective

February 18.

1-13.5-110.  Special elections. Special elections must be held on such date as

may be provided by law by the local government calling the special election.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective

February 18.

1-13.5-111.  Time for holding elections for special districts - type of election

• manner of election - notice. (1) Except as otherwise provided in subsection (4) of this section, regular special district elections must be held on the Tuesday succeeding the first Monday of May in every odd-numbered year.

  (2) Special elections may be held only on the first Tuesday after the first Monday in February, May, October, or December of any year; except that ballot issue elections may be held only on the date of a state general election, biennial local district election, or on the first Tuesday in November of odd-numbered years. A ballot issue election that is not part of an organizational election must be conducted either as part of a coordinated election or in accordance with part 11 of this article.

  (3) Any special district election ordered pursuant to article 1 of title 32, C.R.S., by the district court having jurisdiction over such existing or proposed special district must be held on the date ordered by the court and conducted in accordance with this article.

  (4) Whenever the date of a regular special district election is identical to the date set for a municipal or another special district election in any municipality or other special district having boundaries coterminous with the special district, the election may be held jointly with the municipal or other special district election. An election held jointly pursuant to this subsection (4) is not a coordinated election.

  (5) Any election for the organization of a new health assurance or health service district must be held on the date of the general election or on the first Tuesday in November of an odd-numbered year. Any election on the proposal of a health assurance or health service district must be conducted by the county clerk and recorder in which the proposed district will be located as part of a coordinated election in accordance with section 1-7-116.

  Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, � 6, effective February 18. L. 2018: (1) amended, (HB 18-1039), ch. 29, p. 330, � 2, effective July 1, 2022.

  1-13.5-112. Commencement of terms - nonpartisan officers. (1) Unless otherwise provided by law, the regular term of office of a nonpartisan officer elected at a regular election commences the earlier of the following:

  (a) No later than thirty days after the date that the election results are certified pursuant to section 1-13.5-1305 and upon the signing of an oath and posting of a bond, where required; or

  (b) At the next meeting of the governing body of the local government following the date of the election.

  (2) Unless otherwise provided by law, if the election is canceled in whole or in part pursuant to section 1-13.5-513, the regular term of office of a nonpartisan officer commences at:

  (a) The next meeting of the governing body following the date of the regular election, but no later than thirty days following the date of the regular election and upon the signing of an oath and posting of a bond, where required; or

  (b) If the nonpartisan officer was elected at an election other than a regular election, the next meeting of the governing body of the local government following the date of the election.

  Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective February 18. L. 2016: (1)(a) amended, (HB 16-1442), ch. 313, p. 1266, � 2, effective August 10.

PART 2

QUALIFICATIONS AND REGISTRATION OF ELECTORS

1-13.5-201.  Registration required. Except where a statute specifically

provides otherwise, no person is permitted to vote at any local government election without first having registered to vote in Colorado in accordance with the Uniform Election Code of 1992, articles 1 to 13 of this title.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective

February 18.

1-13.5-202.  Persons entitled to vote at special district elections. No person

is permitted to vote in any special district election unless that person is an eligible elector as defined in section 32-1-103 (5), C.R.S.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective

February 18.

1-13.5-203.  Registration records for local government elections - costs. (1)

No later than the fortieth day preceding the date of a scheduled local government election, the designated election official shall order the registration records from the county clerk and recorder. The designated election official shall order either:

(a)  An initial list of the registered electors as of the thirtieth day prior to the

election, with a supplemental list to be provided on the twentieth day; or

(b)  A complete list of registered electors as of the sixth day prior to the

election.

(2)  The county clerk and recorder shall certify and make available to the

designated election official a complete copy of the list of the registered electors of the local government that has territorial boundaries located within the county and is involved in the election. If a supplemental list is provided pursuant to paragraph (a) of subsection (1) of this section, the county clerk and recorder shall certify and make available to the designated election official the supplemental list of eligible electors who became eligible since the earlier list was certified. These lists substitute for the original registration record.

(3)  The registration list that is certified thirty days before the election

pursuant to paragraph (a) of subsection (1) of this section must contain the names and addresses of all registered electors residing within the local government at the close of business on the fortieth day preceding the election. The supplemental registration list for each local government that is certified no later than twenty days before the election must contain the names and addresses of all eligible electors residing within the local government at the close of business on the twenty-second day prior to the election. If a supplemental list is provided, it must contain the names and addresses of all eligible electors who became eligible during the period since the initial registration list was certified through the close of business on the twenty-second day preceding the election.

(4)  Costs for the lists required to be obtained under this section must be

assessed by the county clerk and recorder and paid by the local government holding the election. The fee for furnishing the lists shall be no less than twenty-five dollars for the entire list or no more than one cent for each name contained on the registration list, whichever is greater.

(5)  The designated election official may cancel an order for the list if the

election is canceled pursuant to section 1-13.5-513 and the county clerk and recorder has not already prepared the list.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 9, � 6, effective

February 18.

1-13.5-204.  Lists of property owners - costs. (1)  For elections where owning

property in the local government is a requirement for voting in the election, no later than the fortieth day preceding the date of the election, the designated election official shall order the list of property owners from the county assessor. Except as otherwise required under subsection (2) of this section, the county assessor shall certify and deliver an initial list of all recorded owners of taxable real and personal property within the local government no later than thirty days before the election. The supplemental list for the local government shall be provided no later than twenty days before the election and shall contain the names and addresses of all recorded owners who became owners no later than twenty-two days prior to the election and after the initial list of property owners was provided. The county assessors shall assess the cost for the lists, which must be paid by the local government holding the election. The fee for furnishing the lists is no less than twenty-five dollars for both lists or no more than one cent for each name contained on the lists, whichever is greater.

(2)  The designated election official of a local government may order the list

described in subsection (1) of this section of all recorded owners of taxable real and personal property within the local government as of the thirtieth day before the election, with a supplemental list to be provided on the twentieth day before the election, or the designated election official may order a complete list as of the sixth day before the election.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 10, � 6, effective

February 18.

1-13.5-205.  Delivery and custody of registration list and property owner

list. At such time as may be set by the designated election official, but at least one day prior to the election, one of the election judges from each precinct may appear in person at the office of the designated election official for the purpose of receiving the registration list and, as applicable, property owners list, election supplies, or the designated election official may deliver the same to one of the judges. The judges shall have custody of the registration list and property owners list and shall give his or her receipt for the list. After the closing of the polls on the day of election, the election judge selected pursuant to section 1-13.5-410 to deliver the election papers and supplies shall deliver the registration list and property owners list to the office of the designated election official or to such other place as the designated election official may designate as the counting center.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 11, � 6, effective

February 18.

PART 3

NOMINATIONS

1-13.5-301.  Eligibility for office - prohibitions - exceptions - challenges. (1)

(a) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the person is nominated to the office. The designated election official shall not certify the name of any candidate who fails to swear or affirm under oath that he or she fully meets the qualifications as of the date of nomination or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership.

(b)  The information found on the person's voter registration record is

admissible as prima facie evidence of compliance with the registration and residence requirements of this section. The information found in the property owners list is admissible as prima facie evidence of compliance with property ownership requirements.

(2)  Except as otherwise provided in this subsection (2), no person is eligible

to be a candidate for more than one office in the same local government at one time. This subsection (2) does not:

(a)  Apply to memberships on different special district or business

improvement district boards; or

(b)  Prohibit a candidate or elected official of any political subdivision from

being a candidate or member of the board of directors of any special district, business improvement district, or districts in which he or she is an eligible elector, unless otherwise prohibited by law.

(3)  The qualification of any candidate may be challenged by an eligible

elector of the local government within five days after the date that the designated election official certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the local government is located. The hearing on the qualification of the candidate must be held not less than five nor more than ten days after the date the designated election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. Part 1 of article 17 of title 13, C.R.S., regarding frivolous, groundless, or vexatious actions, applies to this section.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 11, � 6, effective

February 18.

1-13.5-302.  Nomination of local government candidates. (1)  Except as

provided in section 1-13.5-303 or other applicable law, candidates for office of nonpartisan local governments must be nominated, without regard to affiliation, by petition on forms supplied by the designated election official. A petition of nomination may consist of one or more sheets, but it must contain the name and address of only one candidate and indicate the office to which the candidate is seeking election. The candidate's name must be printed on each sheet of a petition of nomination.

(2)  Nomination petitions for a candidate in a local government, other than a

special district or business improvement district, may be circulated and signed, beginning on January 1 of the year in which election for that office is conducted and ending on the sixty-seventh day prior to the day of election, by at least two eligible electors residing within or eligible to vote in the local government.

(3)  The circulator of each nomination petition shall make an affidavit that

each signature thereon is the signature of the person whose name it purports to be and that each signer has stated to the circulator that the signer is an eligible elector of the local government for which the nomination is made.

(4)  A petition is not valid if it does not contain the requisite number of

signatures of eligible electors. The designated election official shall inspect timely filed petitions of nomination to ensure compliance with this section.

(5)  Each nomination petition must be filed with the designated election

official no later than the sixty-seventh day prior to the day of election. Every petition must have endorsed on it or appended to it the written affidavit of the candidate accepting the nomination and swearing that the candidate satisfies the requirements set forth in law to be a candidate and hold office in the local government.

(6)  The designated election official shall preserve all nomination petitions

filed with him or her for a period of two years. All such petitions are open to public inspection under proper regulation by the designated election official with whom they are filed.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 12, � 6, effective

February 18.

1-13.5-303.  Candidates for special district or business improvement

district director - self-nomination and acceptance form. (1) Except as otherwise provided in this section, no earlier than January 1 and no later than the normal close of business on the sixty-seventh day before the date of a regular special district election, any person who desires to be a candidate for the office of a special district director shall file a self-nomination and acceptance form or letter signed by the candidate and by an eligible elector of the state as a witness to the signature of the candidate.

(2)  On the date of signing the self-nomination and acceptance form or letter,

a candidate for director shall be an eligible elector of the special district. If the district is divided into director districts established pursuant to section 32-1-301 (2)(f), C.R.S., the candidate shall be an eligible elector within the boundaries of the director district in which the candidate is running for office.

(3)  The self-nomination and acceptance form or letter must contain the

name of the special district in which the election will be held, the county or counties where the special district is located, the special district director office sought by the candidate, the term of office sought if more than one length of a director's term is to be voted upon at the election, the date of the election, the full name of the candidate as it is to appear on the ballot, and whether the candidate is a member of an executive board of a unit owners' association, as defined in section 38-33.3-103, located within the boundaries of the special district for which the candidate is running for office. The candidate and witness must provide their respective residence addresses, including the street number and name, city or town, and county, and telephone numbers, and the candidate must provide a current email address. Unless physically unable, all candidates and witnesses shall sign their own signature and shall print their names and include the date of signature on the self-nomination and acceptance form or letter.

(4)  The self-nomination and acceptance form or letter must be filed with the

designated election official or, if none has been designated, the presiding officer or the secretary of the board of directors of the special district in which the election will be held.

(5) (a)  The self-nomination and acceptance form or letter must be verified

and processed substantially as provided in this subsection (5)(a) and subsection (5)(b) of this section, a protest on such a form or letter must be determined substantially as provided in sections 1-4-909 and 1-4-911, and an insufficient form or letter may be cured by submitting an amended self-nomination and acceptance form or letter to the designated election official before the normal close of business on the sixty-seventh day before an election.

(b)  Upon filing, the designated election official shall review the information

in the self-nomination and acceptance form or letter and verify the information against the registration records, and, where applicable, the county assessor's records.

(c)  If, while verifying a signer's information against the registration records in

accordance with subsections (5)(a) and (5)(b) of this section, the designated election official finds that the signer provided his or her mailing address rather than his or her residence address as required under subsection (3) of this section, the designated election official may accept the self-nomination form if the designated election official is able to locate the signer's record in the statewide voter registration database and determine that the self-nomination form is otherwise sufficient.

(d)  After review, the designated election official shall provide notification of

the sufficiency or insufficiency of the candidate.

(6)  In a business improvement district with an elected board of directors,

nominations for business improvement district directors must be handled substantially as provided in subsections (1) to (5) of this section.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 13, � 6, effective

February 18. L. 2016: (5) amended, (HB 16-1442), ch. 313, p. 1266, � 3, effective August 10. L. 2021: (3) and (5) amended, (SB 21-160), ch. 133, p. 536, � 3, effective September 7.

1-13.5-304.  Withdrawal from nomination. Any person who has been

nominated and who has accepted a nomination, or filed a self-nomination form or letter, may cause his or her name to be withdrawn from such nomination at any time before the election by executing a written affidavit withdrawing from the nomination. The withdrawing candidate shall sign the affidavit and file it with the designated election official.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective

February 18.

1-13.5-305.  Write-in candidate affidavit. A write-in vote for any local

government office is counted only if an affidavit of intent to be a write-in candidate is filed with the designated election official by the person whose name is written in not later than sixty-four days before the day of the election. The affidavit of intent must indicate that the signer desires the office and is qualified to assume the duties of that office if elected.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective

February 18.

1-13.5-306.  Objections to nominations. All self-nomination and acceptance

forms or letters, petitions of nomination, and affidavits of intent to be a write-in candidate that are in apparent conformity, as determined by the designated election official, with section 1-13.5-302, 1-13.5-303, or 1-13.5-305, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case an objection is made, the designated election official shall mail forthwith notice of the objection to any candidate for the same office. The designated election official shall decide objections within forty-eight hours after the same are filed, and any objections upheld may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new self-nomination and acceptance form or letter, petition of nomination, or affidavit of intent, as applicable, within three days after the objection is upheld, but in no event later than the fifty-eighth day before the day of election. The designated election official shall pass upon the validity of all objections, whether of form or substance, and the designated election official's decisions upon matters of form are final. The designated election official's decisions upon matters of substance are open to review if prompt application is made, as provided in section 1-13.5-1501, but the remedy in all cases shall be summary, and the decision of the district court is final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any proceeding in a summary way.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective

February 18.

PART 4

ELECTION JUDGES

1-13.5-401.  Appointment of election judges. (1) (a)  Except as provided in

subsection (2) of this section, at least fifteen days before each local government election, the governing body shall appoint the election judges.

(b)  Each election judge must be registered to vote in Colorado and at least

eighteen years of age. Election judges must be appointed pursuant to this article without regard to party affiliation. Neither a current candidate for director nor any immediate family member, to the second degree, of such candidate is eligible to serve as an election judge.

(c)  The designated election official shall make and file in his or her office a

list of all individuals so appointed, giving their names and addresses. The list is a public record and is subject to inspection and examination during office hours by any elector of the local government with the right to make copies thereof.

(2)  The governing body may delegate to the designated election official the

authority and responsibility to appoint election judges in the manner provided in this section.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 14, � 6, effective

February 18. L. 2016: (1) amended, (HB 16-1442), ch. 313, p. 1267, � 4, effective August 10.

1-13.5-402.  Number of judges - appointment. The governing body, or the

designated election official if authorized pursuant to section 1-13.5-401 (2), shall appoint at least two election judges for each local government election. The appointing authority may also appoint any additional judges as deemed necessary, and may appoint counting judges.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective

February 18.

1-13.5-403.  Certificates of appointment. Promptly after the appointment of

the election judges, the designated election official shall issue certificates certifying the appointments. The designated election official shall mail one certificate to each person appointed.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective

February 18.

1-13.5-404.  Acceptance form - time to file. With each certificate of

appointment transmitted to the election judges, the designated election official shall enclose a form for acceptance of the appointment. Each individual appointed as an election judge may file his or her acceptance form in the office of the designated election official within seven days after the date that the designated election official mailed the certificate of appointment and the acceptance form. Unless otherwise determined by the designated election official, failure of any person appointed as an election judge to file an acceptance within those seven days results in a vacancy, which shall be filled in the same way the original appointment was made.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective

February 18.

1-13.5-405.  Vacancies - emergency appointments. Except when section 1-13.5-404 applies, if an individual appointed as an election judge refuses or fails to

accept the appointment or is unable to serve, the individual or any other election judge must immediately notify the designated election official. The designated election official shall forthwith appoint another qualified individual to serve as election judge in the place of the individual. In the event of an emergency, including inability to notify the designated election official, the remaining election judges at the location where the individual was to serve may appoint a replacement election judge.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective

February 18.

1-13.5-406.  Removal of judges. The designated election official may

summarily remove any election judge who neglects his or her duty, or commits, encourages, or connives at any fraud in connection therewith, or violates any election laws, or knowingly permits others to do so, or has been convicted of any felony, or violates his or her oath, or commits any act that interferes or tends to interfere with a fair and honest election. An election judge has no cause of action against a local government or designated election official arising from removal from office pursuant to this section.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 15, � 6, effective

February 18.

1-13.5-407.  Oath of judges. Before any votes are taken at any local

government election, the election judges shall make a self-affirmation substantially in the following form:

I, ...., do solemnly swear (or affirm) that I am a citizen of the United States and the state of Colorado; that I am a registered elector in Colorado; that I will perform the duties of election judge according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same; that I will not try to ascertain how any elector voted, nor will I disclose how any elector voted if, in the discharge of my duties as judge, such knowledge shall come to me, unless called upon to disclose the same before some court; and that I will not disclose the result of the votes until the polls have closed.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective

February 18.

1-13.5-408.  Training of judges. The designated election official shall make

available an instruction class concerning the tasks of an election judge not more than forty-five days prior to each election. A designated election official shall remove an election judge who fails or refuses to attend the instruction class.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective

February 18.

1-13.5-409.  Compensation of judges. The election judges at any local

government election shall receive reasonable compensation for their services as election judges on election day and additional reasonable compensation for attending an instruction class required in section 1-13.5-408, as determined by the governing body of the local government or designated election official if authorized by the governing body to make a reasonable determination.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective

February 18.

1-13.5-410.  Compensation for delivery of election returns and other

election papers. The election judges in each polling place shall select one of their number to deliver the election returns, registration list, property owners list, ballot boxes, if any, and other election papers and supplies to the office of the designated election official or to such other place as the designated election official may designate as the counting center. The judge so selected shall be paid a reasonable amount of compensation for the performance of such service.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective

February 18.

PART 5

NOTICE AND PREPARATION FOR ELECTIONS

1-13.5-501.  Call for nominations - definitions. (1)  Between seventy-five and

one hundred days before a regular local government election, the designated election official shall provide public notice of a call for nominations for the election. The call must state the director offices to be voted upon at the election, where a self-nomination and acceptance form or letter may be obtained, the deadline for submitting the self-nomination and acceptance form or letter to the designated election official, and information on obtaining an absentee ballot.

(1.5)  Except as otherwise required by subsection (1.7) of this section, the

public notice required by subsection (1) of this section must be made by publication as defined by subsection (2) of this section and by any one of the following means:

(a)  Mailing the notice, at the lowest cost option, to each address at which one

or more active registered electors of the local government resides as specified in the registration list provided by the county clerk and recorder as of the date that is one hundred fifty days prior to the date of the regular local government election;

(b)  Including the notice as a prominent part of a newsletter, annual report,

billing insert, billing statement, letter, voter information card or other notice of election, or other informational mailing sent by the local government to the eligible electors of the local government;

(c)  Posting the information on the official website of the local government; or


(d)  For a local government with fewer than one thousand eligible electors

that is wholly located within a county the population of which is less than thirty thousand people, posting the notice in at least three public places within the territorial boundaries of the local government and, in addition, posting a notice in the office of the clerk and recorder of the county in which the local government is located. Any such notices must remain posted until the day after the call for nominations closes.

(1.7) (a)  In the case of any metropolitan district that was organized after

January 1, 2000, in accordance with title 32, the notice required by subsection (1) of this section must be made by emailing the notice to each active registered elector of the metropolitan district as specified in the registration list provided by the county clerk and recorder as of the date that is one hundred fifty days prior to the date of the regular local government election. Where the active registered elector does not have an email address on file for such purpose with the county clerk and recorder as of the date that is not later than one hundred fifty days prior to the date of the regular local government election, the public notice required by subsection (1) of this section must be made by mailing the notice, at the lowest cost option, to each address at which one or more active registered electors of the metropolitan district resides as specified in the registration list provided by the county clerk and recorder as of the date that is one hundred fifty days prior to the date of the regular local government election.

(b)  In addition to the public notice required by subsection (1.7)(a) of this

section, the designated election official shall also provide public notice by any one of the following means:

(I)  Publication as defined in subsection (2) of this section;


(II)  Including the notice as a prominent part of a newsletter, annual report,

billing insert, billing statement, letter, voter information card or other notice of election, or other informational mailing sent by the metropolitan district to the eligible electors of the metropolitan district;

(III)  Posting the information on the official website of the metropolitan

district; or

(IV)  For a metropolitan district with fewer than one thousand eligible

electors that is wholly located within a county, the population of which is less than thirty thousand people, posting the notice in at least three public places within the territorial boundaries of the metropolitan district and, in addition, posting a notice in the office of the clerk and recorder of the county in which the special district is located. Any such notices must remain posted until the day after the call for nominations closes.

(2)  As used in this section, publication means printing one time, in one

newspaper of general circulation in the special district or proposed special district if there is such a newspaper, and, if not, then in a newspaper in the county in which the special district or proposed special district is located. For a special district with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the special district, then one publication is required in a newspaper in each county in which the special district is located and in which the special district also has fifty or more eligible electors.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, � 6, effective

February 18. L. 2021: (1) amended and (1.5) and (1.7) added, (SB 21-262), ch. 368, p. 2425, � 1, effective September 7.

1-13.5-502.  Notice of election. (1)  The designated election official, at least

twenty days before each local government election, shall give written notice of the election stating the date of the election and the location and hours during which the polls will be open; the date ballots have or may be mailed if the election is conducted by mail ballot; mail ballot drop-off locations; names of the officers to be elected and any ballot issues and ballot questions to be voted upon; and the names of those candidates whose nominations have been certified to the designated election official, which listing must be as nearly as possible in the form in which such nominations will appear upon the official ballot. For an independent mail ballot election, the notice does not need to include the text of the ballot issues or ballot questions. A copy of the notice must be posted until after the election in a conspicuous place in the office of the designated election official. A copy of the notice must be mailed or sent via electronic mail to the county clerk and recorder.

(2) (a)  In addition, the notice required by this section must be published in at

least one newspaper having general circulation in the local government on or before the twentieth day before election day.

(b)  On or before the twentieth day before the election, a special district must

effect publication of the notice as provided in section 1-13.5-1102.

(3)  All polling places must be designated by a sign conspicuously posted at

least twenty days before each local government election. The sign must be substantially in the following form: Polling Place for (name of local government). In addition, the sign must state the date of the next election and the hours the polling place will be open.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 17, � 6, effective

February 18.

1-13.5-503.  Ballot issue notice. (1)  Any ballot issue notice relating to a local

government ballot issue must be prepared and distributed in a manner consistent with part 9 of article 7 of this title.

(2)  In addition to the requirements set forth in subsection (1) of this section, a

local government submitting a ballot issue concerning the creation of any debt or other financial obligation at an election in the local government must post notice in accordance with the requirements of section 1-7-908.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 17, � 6, effective

February 18.

1-13.5-504.  Establishing precincts and polling places - applicability. (1)

This section applies to local government elections that are conducted by polling place.

(2)  The governing body of each local government, or designated election

official if authorized by the governing body, shall divide the local government into as many election precincts for local government elections as it deems expedient for the convenience of the electors of the local government and shall designate the location and address for each polling place at which elections are to be held.

(3)  The designated election officials of local governments with overlapping

boundaries that hold elections the same day by polling place must meet, confer, and thereafter, if practical, hold such elections in a manner that permits an elector in the overlapping area to vote in all of such elections at one polling place.

(4)  Notwithstanding subsection (3) of this section, the governing body or

designated election official shall change any polling place upon petition of a majority of the registered electors residing within the local government.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 18, � 6, effective

February 18.

1-13.5-504.5.  Accessibility of polling places to persons with disabilities. (1)

Each polling place shall comply fully with the current ADA standards for accessible design set forth in 28 CFR 36 and promulgated in accordance with the federal Americans with Disabilities Act of 1990, as amended, 42 U.S.C. sec. 12101 et seq., and no barrier shall impede the path of electors with disabilities to the voting booth.

(2)  Emergency polling places are exempt from compliance with this section.


(3)  Except as otherwise provided in subsection (2) of this section, a

designated election official shall only select as polling places such sites that meet the standards of accessibility set forth in subsection (1) of this section.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 18, � 6, effective

February 18.

1-13.5-505.  Judges may change polling places. (1)  When it becomes

impossible or inconvenient to hold an election at the place designated, the election judges, after notifying the designated election official and after having assembled at or as near as practicable to such place an

C.R.S. § 1-2-101

1-2-101. Qualifications for registration - preregistration. (1) Every person who is eighteen years of age or older on the date of the next election and who has the following qualifications is entitled to register to vote at all elections:

(a)  The person is a citizen of the United States; and


(b)  The person has resided in this state twenty-two days immediately prior to

the election at which the person intends to vote.

(2) (a) (I)  Notwithstanding subsection (1) of this section, upon satisfactory

proof of age, every person who is otherwise qualified to register and is fifteen years of age or older but will not have reached eighteen years of age by the date of the next election may preregister and update the person's preregistered information by any means authorized in this article for persons eighteen years of age or older. Upon reaching eighteen years of age, the person is automatically registered.

(II)  Repealed.


(b)  The registration requirements of section 1-2-201 apply to a person

preregistering to vote under this subsection (2).

(c)  A person preregistered under this subsection (2) who is seventeen years

of age on the date of a primary election or presidential primary election and who will be eighteen years of age on the date of the next general election is entitled to vote in the primary election or presidential primary election.

(3)  Repealed.


Source: L. 92: Entire article R&RE, p. 636, � 2, effective January 1, 1993. L.

93: (1)(b) amended, p. 1397, � 13, effective July 1. L. 94: (1)(b) amended, p. 1751, � 4, effective January 1, 1995. L. 95: (1)(b) amended, p. 821, � 5, effective July 1. L. 96: (1)(b) amended, p. 1734, � 7, effective July 1. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 687, � 6, effective May 10; (2) added, (HB 13-1135), ch. 184, p. 677, � 1, effective August 7. L. 2018: (3) added, (SB 18-150), ch. 261, p. 1600, � 1, effective July 1, 2019. L. 2019: (3) repealed, (HB 19-1266), ch. 283, p. 2644, � 5, effective July 1; (2)(c) added, (HB 19-1278), ch. 326, p. 3005, � 3, effective August 2. L. 2024: (2)(a)(I) amended, (SB 24-210), ch. 468, p. 3241, � 2, effective January 1, 2025.

Editor's note: (1)  This section is similar to former � 1-2-101 as it existed prior

to 1992.

(2)  Subsection (2)(a)(II)(B) provided for the repeal of subsection (2)(a)(II),

effective July 1, 2014. (See L. 2013, p. 677.)

Cross references: (1)  For qualifications of electors, see also � 1 of art. VII,

Colo. Const.; for voting age for electors, see � 1 of art. VII, Colo. Const., and article XXVI of the Constitution of the United States; for registration of citizens residing outside the United States, see article 8.3 of this title; for offenses relating to unlawful qualification as a taxpaying elector, see � 1-13-202.

(2)  In 2013, subsection (1)(b) was amended by the Voter Access and

Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

(3)  For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of

chapter 326, Session Laws of Colorado 2019.

(4)  For the legislative declaration in HB 19-1266, see section 1 of chapter

283, Session Laws of Colorado 2019.

C.R.S. § 1-2-602

1-2-602. Deceased electors. (1) As soon as is practicable after the end of each month, the state registrar of vital statistics shall furnish the secretary of state with a report of all persons eighteen years of age or older who have died during the previous month. To the extent possible, persons on the report shall be identified by name, county of residence, date of birth, and social security number.

(2)  The secretary of state shall forward to each county clerk and recorder

monthly the information received from the state registrar of vital statistics concerning persons registered to vote in the county who have died.

(3)  The county clerk and recorder shall cancel the registration of any elector

who is deceased and of whose death the county clerk and recorder has received notice pursuant to subsection (2) of this section.

(3.5)  The secretary of state may by electronic means cancel the registration

of any elector who is deceased and of whose death the secretary has received notice pursuant to subsection (1) of this section.

(4)  The county clerk and recorder shall cancel the registration of any elector

who is deceased when the county clerk and recorder receives written notice of the fact. The written notice shall be signed by a family member of the deceased. If the county clerk and recorder has sufficient proof that an elector is deceased, cancellation may be made without such written notice.

Source: L. 97: Entire part added with relocations, p. 465, � 1, effective July 1.

L. 2003: (3.5) added, p. 2077, � 13, effective May 22.

Editor's note: This section is similar to former �� 1-2-302 (4) and (7) and 1-2-226 (1) and (2) as they existed prior to 1997.

C.R.S. § 1-4-1407

1-4-1407. Initiative - petition. (1) (a) Notwithstanding any other provision of law, the registered electors of a county may submit to the board of county commissioners of the county a proposed ballot question regarding lengthening, shortening, or eliminating the limitation on terms of office for the district attorney of the judicial district imposed by section 11 of article XVIII of the state constitution. The registered electors may commence the initiative process by filing written notice of the proposed ballot question with the county clerk and recorder and subsequently, within one hundred eighty days after approval of the petition pursuant to subsection (2) of this section but no less than one hundred forty days prior to the next scheduled coordinated or general election, by filing a petition signed by registered electors of the county in an amount equal to at least five percent of the total number of votes cast in the county for all candidates for the office of district attorney at the previous general election.

(b)  Upon the receipt and verification of the initiative petition pursuant to this

section, the board of county commissioners shall refer the proposed ballot question, in the form petitioned for, to the registered electors of the county at the next scheduled coordinated or general election, whichever occurs first.

(2) (a)  Each initiative petition filed pursuant to subsection (1) of this section

shall be printed in a form consistent with this subsection (2). No petition shall be printed or circulated unless the form and the first printer's proof of the petition section have first been submitted to the county clerk and recorder and approved by the county clerk and recorder. The county clerk and recorder shall approve or reject the form and the first printer's proof of the petition no later than five business days following the date on which the county clerk and recorder received such material. The county clerk and recorder shall assure that the petition section contains only those elements required by this section and contains no extraneous material.

(b)  Each petition section shall designate by name and mailing address two

persons who shall represent the proponents thereof on all matters affecting the initiative petition and to whom all notices or information concerning the petition shall be mailed.

(c) (I)  At the top of each page of every initiative petition section, the

following shall be printed, in a form as prescribed by the county clerk and recorder:

WARNING:

IT IS AGAINST THE LAW:

For anyone to sign any initiative petition with any name other than his or her own, or to knowingly sign his or her name more than once for the same measure, or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.

DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.

Do not sign this petition unless you have read or have had read to you the proposed initiative or the summary in its entirety and understand its meaning.

(II)  A summary of the proposed ballot question that is the subject of an

initiative petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the county clerk and recorder.

(III)  The full text of the proposed ballot question that is the subject of an

initiative petition shall be printed following the summary on the first page or pages of the petition section that precede the signature page. Notwithstanding the requirement of subparagraph (I) of this paragraph (c), if the text of the proposed ballot question requires more than one page of a petition section, the warning and summary need not appear at the top of any page other than the initial text page.

(IV)  The signature pages shall consist of the warning and the summary,

followed by ruled lines numbered consecutively for registered electors' signatures. If a petition section contains multiple signature pages, all signature lines shall be numbered consecutively, from the first signature page through the last. The signature pages shall follow the page or pages on which the full text of the proposed ballot question that is the subject of the initiative petition is printed.

(3) (a)  Following the signature pages of each petition section, there shall be

attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which shall include the following:

(I)  The affiant's printed name, the address at which the affiant resides,

including the affiant's street name and number, municipality, and county, and the date the affiant signed the affidavit;

(II)  That the affiant has read and understands the laws governing the

circulation of initiative petitions;

(III)  That the affiant was eighteen years of age or older at the time the

petition section was circulated and signed by the listed electors;

(IV)  That the affiant circulated the petition section;


(V)  That each signature thereon was affixed in the affiant's presence;


(VI)  That each signature thereon is the signature of the person whose name

it purports to be;

(VII)  That, to the best of the affiant's knowledge and belief, each of the

persons signing the initiative petition section was, at the time of signing, a registered elector; and

(VIII)  That the affiant has not paid or will not in the future pay and that the

affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the initiative petition.

(b)  The county clerk and recorder shall not accept for filing any petition

section that does not have attached thereto the notarized affidavit required by paragraph (a) of this subsection (3). Any disassembly of a petition section that has the effect of separating the affidavit from the signature page or pages shall render that petition section invalid and of no force and effect.

(c)  Any signature added to a petition section after the affidavit has been

executed shall be invalid.

(d)  All petition sections shall be prenumbered serially.


(e)  Any petition section that fails to conform to the requirements of this

section or that is circulated in a manner other than that permitted by this section shall be invalid.

(4)  The circulation of any petition section other than personally by a

circulator is prohibited. No petition section shall be circulated by any person who is not eighteen years of age or older at the time the petition section is circulated.

(5)  Any initiative petition shall be signed only by registered electors who are

eligible to vote on the measure. Each registered elector shall sign his or her own signature and shall print his or her name, the address at which he or she resides, including the street number and name, the city or town, and the county, and the date of signing. Each registered elector signing a petition shall be encouraged by the circulator of the petition to sign the petition in ink. In the event a registered elector is physically unable to sign the petition or is illiterate and wishes to sign the petition, the elector shall sign and make his or her mark in the space so provided. Any person, but not a circulator, may assist the disabled or illiterate elector in completing the remaining information required by this section. The person providing assistance shall sign his or her name and address and shall state that such assistance was given to the signor.

(6) (a)  The county clerk and recorder shall inspect timely filed initiative

petitions and the attached affidavits, and may do so by examining the information on signature lines for patent defects, by comparing the information on signature lines against a list of registered electors of the county.

(b)  After examining the initiative petition, the county clerk and recorder shall

issue a statement as to whether a sufficient number of valid signatures has been submitted. A copy of the statement shall be mailed to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section.

(c)  The statement of sufficiency or insufficiency shall be issued no later than

thirty calendar days after the initiative petition has been filed. If the county clerk and recorder fails to issue a statement within thirty calendar days, the petition shall be deemed sufficient.

(7) (a)  Within forty days after an initiative petition is filed, a protest in writing

under oath may be filed in the office of the county clerk and recorder by any registered elector who resides in the county, setting forth specifically the grounds for such protest. The grounds for protest may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit to meet the requirements of this section. No signature may be challenged that is not identified in the protest by section and line number. The county clerk and recorder shall forthwith mail a copy of such protest to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section and to the protester, together with a notice fixing a time for hearing such protest that is not less than five or more than ten days after such notice is mailed.

(b)  The county clerk and recorder shall furnish a requesting protester with a

list of the registered electors in the county and shall charge a fee to cover the cost of furnishing the list.

(c)  Every hearing shall be held before the county clerk and recorder with

whom such protest is filed. The county clerk and recorder shall serve as hearing officer unless some other person is designated by the board of county commissioners as the hearing officer, and the testimony in every such hearing shall be under oath. The hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. The hearing shall be summary and not subject to delay and shall be concluded within sixty days after the petition is filed. No later than five days after the conclusion of the hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the officer shall identify those portions of the petition that are not sufficient and the reasons therefor. The result of the hearing shall be forthwith certified to the protester and to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section. The determination as to petition sufficiency may be reviewed by the district court for the county upon application of the protester, the persons designated as representing the petition proponents, or the county, but such review shall be had and determined forthwith.

(8)  The general assembly finds the provisions of this section are a matter of

statewide concern and shall apply to all counties, including home rule counties, and to the city and county of Denver and the city and county of Broomfield.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1042, � 1, effective

May 20.

C.R.S. § 1-4-501

1-4-501. Only eligible electors eligible for office. (1) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath that he or she will fully meet the qualifications of the office if elected; or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership; or who the designated election official determines is not qualified to hold the office that he or she seeks based on residency requirements. The information found on the person's voter registration record is admissible as prima facie evidence of compliance with this section.

(2)  No person is eligible to be a candidate for more than one office at one

time; except that this subsection (2) does not apply to memberships on different special district boards. This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districts in which he or she is an eligible elector, unless otherwise prohibited by law.

(3)  The qualification of any candidate may be challenged by an eligible

elector who lives in the district for which the candidate seeks office within five days after the designated election official's statement is issued that certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the official who certified the candidate to the ballot is located. The hearing on the qualification of the candidate shall be held in not less than five nor more than ten days after the date the election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. The provisions of section 13-17-101 regarding frivolous, groundless, or vexatious actions apply to this section.

Source: L. 92: Entire part R&RE, p. 677, � 5, effective January 1, 1993. L. 94:

(2) amended, p. 1153, � 12, effective July 1. L. 95: Entire section amended, p. 829, � 27, effective July 1. L. 2017: (1) amended, (SB 17-209), ch. 234, p. 946, � 1, effective August 9. L. 2023: (3) amended, (SB 23-276), ch. 399, p. 2376, � 10, effective June 6.

Editor's note: This section is similar to former � 1-4-501 as it existed prior to

1992.

Cross references: For electors only eligible to office, see also � 6 of art. VII,

Colo. Const.; for disqualifications from holding office of trust or profit, see � 4 of art. XII, Colo. Const.

C.R.S. § 1-40-113

1-40-113. Form - representatives of signers. (1) (a) Each section of a petition shall be printed on a form as prescribed by the secretary of state. No petition shall be printed, published, or otherwise circulated unless the form and the first printer's proof of the petition have been approved by the secretary of state. The designated representatives of the proponent are responsible for filing the printer's proof with the secretary of state, and the secretary of state shall notify the designated representatives whether the printer's proof is approved. Each petition section shall designate by name and mailing address two persons who shall represent the signers thereof in all matters affecting the same. The secretary of state shall assure that the petition contains only the matters required by this article and contains no extraneous material. All sections of any petition shall be prenumbered serially, and the circulation of any petition section described by this article other than personally by a circulator is prohibited. Any petition section circulated in whole or in part by anyone other than the person who signs the affidavit attached to the petition section shall be invalid. Any petition section that fails to conform to the requirements of this article or is circulated in a manner other than that permitted in this article shall be invalid.

(b)  The secretary of state shall notify the proponents at the time a petition is

approved pursuant to paragraph (a) of this subsection (1) that the proponents must register an issue committee pursuant to section 1-45-108 (3.3) if two hundred or more petition sections are printed or accepted in connection with circulation of the petition.

(c)  The secretary of state shall notify the proponents at the time a petition

format for an initiated amendment to the state constitution is approved pursuant to subsection (1)(a) of this section of the number and boundaries of the state senate districts in existence and the number of registered electors in each state senate district at the time of approval.

(d)  The secretary of state shall notify the director of research of the

legislative council at the time a petition is approved pursuant to (1)(a) of this section.

(2)  Any disassembly of a section of the petition which has the effect of

separating the affidavits from the signatures shall render that section of the petition invalid and of no force and effect.

(3)  Each section of the petition must include the affidavits required by

section 1-40-111 (2), together with the sheets containing the signatures accompanying the same.

Source: L. 93: Entire article amended with relocations, p. 684, � 1, effective

May 4. L. 95: (1) and (3) amended, p. 434, � 10, effective May 8. L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1175, � 11, effective May 15. L. 2010: (1) amended, (HB 10-1370), ch. 270, p. 1240, � 2, effective January 1, 2011. L. 2011: (1)(a) and (3) amended, (HB 11-1072), ch. 255, p. 1104, � 4, effective August 10. L. 2017: (1)(c) added, (SB 17-152), ch. 169, p. 618, � 4, effective August 9. L. 2020: (1)(d) added, (HB 20-1416), ch. 232, p. 1126, � 5, effective November 1. L. 2021: (3) amended, (SB 21-250), ch. 282, p. 1669, � 72, effective June 21.

Editor's note: This section is similar to former � 1-40-107 as it existed prior to

1993, and the former � 1-40-113 was relocated to � 1-40-123.

Cross references: (1)  For the legislative declaration in the 2010 act

amending subsection (1), see section 1 of chapter 270, Session Laws of Colorado 2010.

(2)  For the legislative declaration in the 2011 act amending subsections (1)(a)

and (3), see section 1 of chapter 255, Session Laws of Colorado 2011.

C.R.S. § 1-40-119

1-40-119. Procedure for hearings. At any hearing held under this article, the party protesting the finding of the secretary of state concerning the sufficiency of signatures shall have the burden of proof. Hearings shall be had as soon as is conveniently possible and shall be concluded within thirty days after the commencement thereof, and the result of such hearings shall be forthwith certified to the designated representatives of the signers and to the protestors of the petition. The hearing shall be subject to the provisions of the Colorado rules of civil procedure. Upon application, the decision of the court shall be reviewed by the Colorado supreme court.

Source: L. 93: Entire article amended with relocations, p. 689, � 1, effective

May 4. L. 95: Entire section amended, p. 436, � 14, effective May 8.

Editor's note: This section is similar to former � 1-40-109 (2)(a) as it existed

prior to 1993, and the former � 1-40-119 was relocated to � 1-40-132 (1).

C.R.S. § 1-40-124

1-40-124. Publication. (1) (a) In accordance with section 1 (7.3) of article V of the state constitution, the director of research of the legislative council of the general assembly shall cause to be published at least one time in at least one legal publication of general circulation in each county of the state, compactly and without unnecessary spacing, in not less than eight-point standard type, a true copy of:

(I)  The title and text of each constitutional amendment, initiated or referred

measure, or part of a measure, to be submitted to the people with the number and form in which the ballot title thereof will be printed in the official ballot; and

(II)  The text of each referred or initiated question arising under section 20 of

article X of the state constitution, as defined in section 1-41-102 (3), to be submitted to the people with the number and form in which such question will be printed in the official ballot.

(b)  The publication may be in the form of a notice printed in a legal

newspaper, as defined in sections 24-70-102 and 24-70-103 (1), C.R.S., or in the form of a publication that is printed separately and delivered as an insert in such a newspaper. The director of research of the legislative council may determine which form the publication will take in each legal newspaper. The director may negotiate agreements with one or more legal newspapers, or with any organization that represents such newspapers, to authorize the printing of a separate insert by one or more legal newspapers to be delivered by all of the legal newspapers participating in the agreement.

(c)  Where more than one legal newspaper is circulated in a county, the

director of research of the legislative council shall select the newspaper or newspapers that will make the publication. In making such selection, the director shall consider the newspapers' circulation and charges.

(d)  The amount paid for publication shall be determined by the executive

committee of the legislative council and shall be based on available appropriations. In determining the amount, the executive committee may consider the newspaper's then effective current lowest bulk comparable or general rate charged and the rate specified for legal newspapers in section 24-70-107, C.R.S. The director of research of the legislative council shall provide the legal newspapers selected to perform printing in accordance with this subsection (1) either complete slick proofs or mats of the title and text of the proposed constitutional amendment, initiated or referred measure, or part of a measure, and of the text of a referred or initiated question arising under section 20 of article X of the state constitution, as defined in section 1-41-102 (3), at least one week before the publication date.

(e)  If no legal newspaper is willing or able to print or distribute the

publication in a particular county in accordance with the provisions of this subsection (1), the director of research of the legislative council shall assure compliance with the publication requirements of section 1 (7.3) of article V of the state constitution by causing the printing of additional inserts or legal notices in such manner and form as deemed necessary and by providing for their separate circulation in the county as widely as may be practicable. Such circulation may include making the publications available at government offices and other public facilities or private businesses. If sufficient funds are available for such purposes, the director may also contract for alternative methods of circulation or may cause circulation by mailing the publication to county residents. Any printing and circulation made in accordance with this paragraph (e) shall be deemed to be a legal publication of general circulation for purposes of section 1 (7.3) of article V of the state constitution.

(2)  (Deleted by amendment, L. 95, p. 437, � 18, effective May 8, 1995.)


Source: L. 93: Entire article amended with relocations, p. 691, � 1, effective

May 4. L. 94: (1) amended, p. 1688, � 1, effective January 19, 1995. L. 95: Entire section amended, p. 437, � 18, effective May 8. L. 2000: (1) amended, p. 298, � 3, effective August 2. L. 2004: (1) amended, p. 961, � 1, effective May 21.

Editor's note: (1)  This section is similar to former � 1-40-114 (1) and (2) as it

existed prior to 1993.

(2)  Section 5 of chapter 284, Session Laws of Colorado 1994, provided that

the act amending subsection (1) was effective on the date of the proclamation of the Governor announcing the approval, by the registered electors of the state, of Senate Concurrent Resolution 94-005, enacted at the Second Regular Session of the Fifty-ninth General Assembly. The date of the proclamation of the Governor announcing the approval of Senate Concurrent Resolution 94-005 was January 19, 1995.

C.R.S. § 1-45-111.5

1-45-111.5. Duties of the secretary of state - enforcement - sanctions - definitions. (1) The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to enforce and administer any provision of this article.

(1.5) (a)  Any person who believes that a violation of article XXVIII of the state

constitution, the secretary of state's rules concerning campaign and political finance, or this article 45 has occurred may file a written complaint with the secretary of state in accordance with section 1-45-111.7.

(b)  Any person who commits a violation of either the secretary of state's

rules concerning campaign and political finance or this article that is not specifically listed in article XXVIII of the state constitution shall be subject to any of the sanctions specified in section 10 of article XXVIII of the state constitution or in this section.

(c)  In addition to any other penalty authorized by article XXVIII of the state

constitution or this article 45, a hearing officer may impose a civil penalty of fifty dollars per day for each day that a report, statement, or other document required to be filed under this article 45 that is not specifically listed in article XXVIII of the state constitution is not filed by the close of business on the day due. Any person who fails to file three or more successive committee registration reports or reports concerning contributions, expenditures, or donations in accordance with the requirements of section 1-45-107.5 shall be subject to a civil penalty of up to five hundred dollars for each day that a report, statement, or other document required to be filed by an independent expenditure committee is not filed by the close of business on the day due. Any person who knowingly and intentionally fails to file three or more reports due under section 1-45-107.5 shall be subject to a civil penalty of up to one thousand dollars per day for each day that the report, statement, or other document is not filed by the close of business on the day due. Imposition of any penalty under this subsection (1.5)(c) shall be subject to all applicable requirements specified in section 10 of article XXVIII of the state constitution governing the imposition of penalties.

(c.5)  In addition to and without prejudice to any other penalty authorized

under this article 45, a hearing officer shall impose a civil penalty as follows:

(I)  At least one hundred dollars for each violation that is a failure to include a

disclosure statement in accordance with section 1-46-103 (2), if the violation does not involve any paid advertising or other spending to promote or attract attention to a communication prohibited by section 1-46-103 (1), or such other higher amount that, based on the degree of distribution and public exposure to the unlawful communication, the hearing officer deems appropriate to deter future violations of section 1-46-103; and

(II)  At least ten percent of the amount paid or spent to advertise, promote, or

attract attention to a communication prohibited by section 1-46-103 (1) that does not include a disclosure statement in accordance with section 1-46-103 (2), or such other higher amount that, based on the degree of distribution and public exposure to the unlawful communication, the hearing officer deems appropriate to deter future violations of section 1-46-103.

(d)  In connection with a complaint brought to enforce any requirement of

article XXVIII of the state constitution or this article 45, a hearing officer may order disclosure of the source and amount of any undisclosed donations or expenditures.

(e)  In connection with any action brought to enforce any provision of article

XXVIII of the state constitution or this article 45, the membership lists of a membership organization, a labor organization or, in the case of a publicly held corporation, a list of the shareholders of the corporation, shall not be disclosed by means of discovery or by any other manner.

(f)  Any person who is fined up to one thousand dollars per day for a knowing

and intentional failure to file under paragraph (c) of this subsection (1.5) shall, if the person has shareholders or members, notify such shareholders or members of the penalty and the adjudicated violations on its publicly accessible website in a prominent manner for not less than one hundred eighty days after the final adjudication. A copy of this notice, with the website address used, shall be filed with the secretary of state and shall be a public record.

(g)  The secretary of state has, as a matter of right, the right to intervene in

any action pending before the office of administrative courts or the court of appeals that is brought to enforce the provisions of article XXVIII of the state constitution or this article.

(2)  A party in any action brought to enforce the provisions of article XXVIII of

the state constitution or of this article 45 is entitled to the recovery of the party's reasonable attorney fees and costs from any attorney or party who has brought or defended the action, either in whole or in part, upon a determination by the hearing officer that the action, or any part thereof, lacked substantial justification or that the action, or any part thereof, was commenced for delay or harassment or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including abuses of discovery procedures available under the Colorado rules of civil procedure. Notwithstanding any other provision of this subsection (2), no attorney fees may be awarded under this subsection (2) unless the court or hearing officer, as applicable, has first considered and issued written findings regarding the provisions of section 13-17-102 (5) and (6). Either party in an action in which the hearing officer awarded attorney fees and costs may apply to a district court to convert an award of attorney fees and costs into a district court judgment. Promptly upon the conversion of the award of attorney fees and costs into a district court judgment, the clerk of the district court shall mail notice of the filing of the judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice must include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. For purposes of this subsection (2), lacked substantial justification means substantially frivolous, substantially groundless, or substantially vexatious.

(3)  Upon a determination by the hearing officer that an issue committee

failed to file a report required pursuant to section 1-45-108, the hearing officer shall direct the issue committee to file any such report within ten days containing all required disclosure of any previously unreported contributions or expenditures and may, in addition to any other penalty, impose a penalty not to exceed twenty dollars for each contribution received and expenditure made by the issue committee that was not timely reported.

(4) (a)  Upon failure of a witness or party to comply with an administrative

subpoena issued in relation to an alleged campaign finance violation pursuant to article XXVIII of the state constitution or this article, the party that requested the administrative subpoena or the issuing agency may petition the district court ex parte with a copy of the petition sent to the subpoenaed witness or party and the administrative law judge by regular mail, for an order directing the witness or party to comply with the administrative subpoena.

(b)  If the petition required by paragraph (a) of this subsection (4) shows to

the district court's satisfaction that the administrative subpoena was properly served pursuant to rule 4 of the Colorado rules of civil procedure, the district court shall order the subpoenaed witness or party to appear before the district court and show cause why the witness or party should not be ordered to comply with the administrative subpoena. A copy of the petition and the court order shall be served, pursuant to rule 5 of the Colorado rules of civil procedure, on the witness or party at least fifteen days before the date designated for the witness or party to appear before the district court.

(c)  At a show cause hearing ordered by the district court pursuant to

paragraph (b) of this subsection (4), the court shall review the administrative subpoena and any evidence presented by the parties to determine compliance with the Colorado rules of civil procedure. The subpoenaed witness or party shall bear the burden of showing good cause as to why he or she should not be ordered to comply with the administrative subpoena.

(d)  If the court determines that the subpoenaed witness or party is required

to comply with the administrative subpoena:

(I)  The district court shall order compliance forthwith and may impose

remedial and punitive fines, including attorneys' fees and costs, for the witness's or party's failure to comply with the administrative subpoena; and

(II)  The hearing officer shall schedule a hearing on the complaint to occur on

a day after the occurrence of the required deposition and such other discovery as may be warranted due to such deposition.

(e)  If the subpoenaed witness or party fails to appear at the show cause

hearing, the district court may issue a bench warrant for the arrest of the subpoenaed witness or party and may impose other sanctions pursuant to the Colorado rules of civil procedure.

(5)  Repealed.


Source: L. 2003: Entire section added, p. 2160, � 6, effective June 3. L. 2005:

(2) amended, p. 852, � 4, effective June 1. L. 2008: (1.5) added and (2) amended, p. 349, � 1, effective April 10. L. 2010: (1.5)(c), (1.5)(d), (1.5)(e), and (1.5)(f) added, (SB 10-203), ch. 269, p. 1236, � 6, effective May 25; (3) added, (HB 10-1370), ch. 270, p. 1242, � 7, effective January 1, 2011. L. 2011: (4) added, (HB 11-1117), ch. 35, p. 97, � 1, effective March 21. L. 2016: (5) added, (SB 16-106), ch. 290, p. 1175, � 1, effective August 10. L. 2018: (1.5)(a) and (2) amended and (1.5)(g) added, (HB 18-1047), ch. 155, p. 1095, � 7, effective April 23. L. 2019: (1.5)(a) to (1.5)(e), (2), (3), and (4)(d)(II) amended and (5) repealed, (SB 19-232), ch. 330, p. 3066, � 4, effective July 1. L. 2024: (1.5)(c.5) added, (HB 24-1147), ch. 250, p. 1654, � 1, effective July 1.

Editor's note: In Holland v. Williams, 457 F. Supp. 3d 979 (D. Colo. 2018), the

United States District Court for the District of Colorado held that the enforcement provisions in article XXVIII, section 9(2)(a), of the state constitution and subsection (1.5)(a) of this section are facially unconstitutional under the first and fourteenth amendments to the United States Constitution.

Cross references: (1)  For the legislative declaration in the 2010 act adding

subsections (1.5)(c), (1.5)(d), (1.5)(e), and (1.5)(f), see section 1 of chapter 269, Session Laws of Colorado 2010.

(2)  For the legislative declaration in the 2010 act adding subsection (3), see

section 1 of chapter 270, Session Laws of Colorado 2010.

C.R.S. § 1-7-513.5

1-7-513.5. Voting equipment - security. (1) Except as otherwise provided in subsection (5) of this section, no later than June 30, 2023, the designated election official shall keep all components of a voting system in a location where entry is controlled by use of a key card access system. The designated election official shall ensure that the log created by the system is maintained as an election record for twenty-five months following the date of any entry.

(2)  Except as otherwise provided in subsection (5) of this section, no later

than June 30, 2023, the designated election official shall keep all components of a voting system under video security surveillance recording. The designated election official shall ensure that video captured beginning sixty days before through thirty days after an election in which the voting system is used is maintained as an election record for twenty-five months following the election. The designated election official shall ensure that video captured outside this period is maintained for twenty-five months following the date the video was captured.

(3)  The designated election official is not required to follow the

requirements of subsections (1) and (2) of this section when voting system components are deployed for use or stored at a voting service and polling center.

(4)  A county clerk may apply to the secretary of state for a waiver of the

requirements of subsection (1) of this section based on historical building status or similar physical limitations. If the secretary finds the clerk has provided an alternative equivalent physical security system for components of a voting system, the secretary of state may grant the waiver.

(5)  If the designated election official is unable to satisfy the requirements of

subsections (1) and (2) of this section by June 30, 2023, due to delays in the delivery of necessary equipment that are out of the control of the designated election official, the designated election official shall notify and provide proof of the delay to the secretary of state, and the designated election official is required to satisfy the requirements of subsections (1) and (2) of this section as soon as practicable.

(6)  The secretary of state may promulgate rules necessary for the

implementation of this section in accordance with article 4 of title 24.

(7) (a)  For the 2022-23 state fiscal year, the general assembly shall

appropriate:

(I)  One million dollars from the general fund to the department of state to

administer a grant program, which is hereby created and consists of such general fund appropriation, to provide assistance to counties in complying with the security requirements of the Colorado Election Security Act; and

(II)  One hundred seventeen thousand dollars from the department of state

cash fund to the department of state to assist the state and counties with assessing potential risks to the proper administration of elections.

(b)  For the 2023-24 state fiscal year and each state fiscal year thereafter,

the general assembly shall make appropriations from the department of state cash fund to the department of state for the purpose of assisting the state and counties with assessing potential risks to the proper administration of elections.

Source: L. 2022: Entire section added, (SB 22-153), ch. 322, p. 2281, � 13,

effective June 2.

Cross references: For the short title (Colorado Election Security Act) and

the legislative declaration in SB 22-153, see sections 1 and 2 of chapter 322, Session Laws of Colorado 2022.

C.R.S. § 1-9-101

1-9-101. Challenge of illegal or fraudulent registration. (1) (a) Any registered elector may, by written challenge, protest against the registration of any person whose name appears in a county registration record. The written challenge shall state the precinct number, the name of the challenged registrant, the basis for such challenge, the facts supporting the challenge, and some documentary evidence to support the basis for the challenge, and shall bear the signature and address of the challenger. The written challenge and supporting evidence shall be filed with the county clerk and recorder no later than sixty days before any election. The county clerk and recorder shall notify the registrant of the challenge and shall set a time and place for a hearing to be held not later than thirty days after the filing of the challenge, at which hearing the challenged registrant shall have the opportunity to appear. The person challenging the registration shall appear and shall bear the burden of proof of the allegations in the challenge. The county clerk and recorder shall conduct the hearing and receive testimony and evidence, shall render a decision in accordance with paragraph (b) of this subsection (1) no later than five days thereafter, and shall notify both parties of the decision.

(b)  In rendering a decision, the county clerk and recorder has the following

options:

(I)  If the county clerk and recorder finds sufficient evidence to support the

allegations in the challenge, he or she shall cancel the registered elector's name from the statewide voter registration system; or

(II)  (Deleted by amendment, L. 2013.)


(III)  If the county clerk and recorder finds no evidence or insufficient

evidence to support the allegations in the challenge, he or she shall deny the challenge to cancel the registered elector's name from the statewide voter registration system.

(2)  All appeals from the decision of the county clerk and recorder shall be to

the district court within three days after the decision is issued. The appellant shall file in the district court a verified petition setting forth the facts presented at the hearing, the decision of the county clerk and recorder, and the basis for the appeal. Within twenty-four hours, the clerk of the district court shall mail to the other party a notice of the appeal and the time set for hearing, which shall be not less than three days nor more than five days after the date of filing.

(3)  The court shall hear the testimony and other evidence and investigate

summarily and, within forty-eight hours after the close of the evidence, determine whether or not the charges are sustained. Only competent legal evidence may be received at the hearing or considered by the court, and no name registered in accordance with law shall be canceled from the statewide voter registration system unless it is proven that the challenged person does not reside at the address provided by the person at the time of registration. No presumption may be made against any person whose registration is challenged merely because of the failure of that person to attend the hearing. The court has the power to subpoena any person as a witness at the hearing and make any necessary investigation to ascertain the truth of any of the charges in the petition if the method of the investigation does not cause unnecessary delay or interfere with the final disposition of the cause within the time provided for in this section. The hearing on any petition is summary and final and is not subject to delay. At the close of the hearing, the court shall announce the names in the petition as to which the charges have been sustained and shall direct the clerk of the court to certify forthwith to the county clerk and recorder the lists of names of those persons, with their addresses, arranged alphabetically and according to precinct. The county clerk and recorder, upon receipt of the list from the court, shall forthwith cancel those names from the statewide voter registration system for the proper precinct with the notation that the names were canceled pursuant to court order, giving the date of the order. The decision of the court is final, and no appeal lies to any other court; except that the supreme court, in the exercise of its discretion, may review any such proceedings in a summary way.

Source: L. 80: Entire article R&RE, p. 380, � 1, effective January 1, 1981. L. 87:

(1) and (3) amended, p. 295, � 29, effective June 26. L. 89: (3) amended, p. 309, � 20, effective May 9. L. 91: (1)(b)(II) amended, p. 637, � 76, effective May 1. L. 92: Entire article amended, p. 771, � 12, effective January 1, 1993. L. 93: (1)(b)(II) amended, p. 1769, � 16, effective June 6. L. 97: (1)(b)(II) amended, p. 477, � 21, effective July 1. L. 99: (1)(a) amended, p. 778, � 63, effective May 20. L. 2000: (1)(a) amended, p. 301, � 1, effective August 2. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 745, � 111, effective May 10. L. 2016: (1)(b)(I), (1)(b)(III), and (3) amended, (SB 16-142), ch. 173, p. 585, � 59, effective May 18.

Editor's note: This section is similar to former � 1-12-101 as it existed prior to

1980.

Cross references: In 2013, subsection (1)(b) was amended by the Voter

Access and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

PART 2

CHALLENGES TO VOTING

C.R.S. § 10-1-118

10-1-118. Foreign companies - unsatisfied judgments - suspension. (1) If a judgment against a foreign insurance company is unsatisfied, and execution has issued on said judgment, and the return of the sheriff discloses that the sheriff cannot fully satisfy such judgment, the judgment creditor or judgment creditor's attorney may file with the commissioner, in triplicate, a complaint setting forth such facts. The commissioner shall mail a copy of such complaint to the home office of such insurance company, at the address shown in the records of the division of insurance, and a copy to the Colorado office or the Colorado general agent of such insurance company.

(2)  If said insurance company does not, within thirty days after such mailing,

pay and discharge said judgment or show good cause to the commissioner for the failure to pay such judgment, the commissioner, upon satisfactory proof of the allegations of the complaint, shall forthwith suspend the license or right of such insurance company to do business in this state. If good cause, previously shown, ceases to exist and the judgment remains unpaid, the commissioner shall suspend such license or right.

(3)  The commissioner shall reinstate the license or right to do business in

this state when the insurance company has fully paid such judgment.

Source: L. 2003: Entire article RC&RE, p. 598, � 1, effective July 1.


Editor's note: This section is similar to former � 10-1-122 as it existed prior to

2002.

Cross references: For the suspension of a certificate of authority to do

business, see � 10-1-110.

C.R.S. § 10-10-116

10-10-116. Penalties. In addition to any other penalty provided by law, any person, firm, or corporation which violates an order of the commissioner after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the division of insurance a sum not to exceed two hundred fifty dollars which may be recovered in a civil action; except that, if such violation is found to be willful, the amount of such penalty shall be a sum not to exceed one thousand dollars. The commissioner, in his discretion, may revoke or suspend the insurance license or certificate of authority of the person, firm, or corporation guilty of such violation. Such order for suspension or revocation shall be upon notice and hearing and shall be subject to judicial review as provided in section 10-10-115.

Source: L. 69: p. 541, � 16. C.R.S. 1963: � 72-28-16.

C.R.S. § 10-11-115

10-11-115. Prior investments. Any investment of a title insurance company lawfully acquired before July 1, 1969, and which but for this section would be considered ineligible as an investment on such date shall be disposed of within five years from such date. The commissioner, upon application and proof that forced sale of any such investment would be contrary to the best interests of the title insurance company and its policyholders, may extend the period for sale or disposal of such investment for a further reasonable time, in no event to exceed three years.

Source: L. 69: p. 525, � 1. C.R.S. 1963: � 72-26-15.

C.R.S. § 10-12-411

10-12-411. Conversion of domestic mutual insurer to domestic stock or other form of insurer. (1) Any domestic mutual insurer may submit to the commissioner a petition and plan to convert, without reincorporation, into a domestic stock or other form of insurer pursuant to the requirements of this section.

(2)  The petition and plan shall set forth with specificity the terms and

conditions of the proposed conversion and shall do all of the following:

(a)  Certify that the plan has been adopted by a majority vote of the board of

directors of the insurer;

(b)  Certify that the plan and the proposed conversion will not be prejudicial

to the policyholders of the insurer;

(c)  Specify the method and basis for the issuance of the capital stock of the

converted stock or other form of insurer; and

(d)  Provide copies of proposed amendments to the insurer's articles of

incorporation and bylaws or other documents of organization to effectuate the conversion.

(3)  The commissioner shall preliminarily approve the conversion after

receiving the information provided in subsection (2) of this section.

(4)  After receiving preliminary approval from the commissioner, the insurer

shall do all of the following:

(a)  Give notice, either personally or through mailing at least twenty-one days

before the time fixed for the meeting, to the last-known postal address of each policyholder that the question of the conversion will be voted upon at a regular or special meeting of the policyholders. Such notice shall fairly but briefly describe the proposed conversion plan.

(b)  Approve the conversion plan and any necessary amendments to the

insurer's articles of incorporation and bylaws or other documents of organization, at the regular or a special meeting held in pursuance of the call and notice, by the affirmative vote of not less than two-thirds of the policyholders voting in person or by proxy; and

(c)  Submit the conversion plan, together with proper proof that it has been

approved by the policyholders as provided in this section, to the commissioner for final approval. The conversion plan shall not become effective until the commissioner issues an amended certificate of authority to the petitioner.

(5)  Upon the issuance of the amended certificate of authority, the conversion

shall be effective and the mutual insurer shall immediately become a stock or other form of insurer rather than a mutual insurer. The conversion into a stock or other form of insurer shall not affect any suits, rights, or contracts of the mutual insurer. In all other respects the rights and properties of the mutual insurer shall continue to be the property of the resulting stock or other form of insurer, which shall remain bound by all the obligations and liabilities of the mutual insurer. The stock or other form of insurer shall be deemed to have been organized at the time the converted mutual insurer was originally organized.

(6)  Notwithstanding the requirements of paragraphs (a) and (b) of subsection

(4) of this section, in the event of insolvency of the insurer, its board of directors by a majority vote may, in its petition, request that the commissioner waive the requirements of notice to and approval by the policyholders before submitting the petition and plan of conversion. Such petition shall specify both of the following:

(a)  The method and basis for the issuance of the converted insurer's shares

of its capital stock or other indication of ownership to an independent party in connection with an investment by such independent party in an amount sufficient to restore the insurer to a sound financial condition; and

(b)  That the conversion shall be accomplished without distribution to the

past, present, or future policyholders, if the commissioner finds that the value of the insurer, due to insolvency, is insufficient to warrant any such distribution.

(7)  If the commissioner, upon review of the plan of conversion and the

financial examination, finds that the domestic mutual insurer meets statutory requirements with respect to capital, surplus fund, and assets, the commissioner may, by a written order, waive the requirements of paragraphs (a) and (b) of subsection (4) of this section.

(8)  A domestic mutual insurer may, by a majority vote of its directors and

upon approval of the commissioner, abandon such plan for conversion at any time before the issuance of the final order of the commissioner. Upon such abandonment, all rights and obligations arising out of the plan shall terminate and the insurer shall continue to conduct its business as a domestic mutual insurer as though no such plan had ever been adopted.

Source: L. 91: Entire part added, p. 1222, � 1, effective May 24.

INTERINSURANCE

ARTICLE 13

Interinsurance

C.R.S. § 10-15-103

10-15-103. License procedure - records - examination of records - definition - rules. (1) (a) A contract seller shall not enter into a preneed contract or accept any funds or other consideration without a license from the commissioner. To be valid, an application for an initial license must be in writing, signed by the applicant, and duly verified on forms furnished by the commissioner. Each application must be accompanied by payment of five hundred dollars and proof of either the net worth or surety bond requirements established by the commissioner by rule.

(b) (I)  With the submission of the initial application described in paragraph (a)

of this subsection (1), each applicant shall submit a set of fingerprints to the commissioner. The commissioner shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation.

(I.5)  When the results of a fingerprint-based criminal history record check of

an applicant performed pursuant to this subsection (1)(b) reveal a record of arrest without a disposition, the commissioner shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(II)  For purposes of this paragraph (b), applicant means an individual and, in

the case of a corporation, each officer and director of the corporation.

(2)  Upon receipt of a complete initial application and license fee, the

commissioner shall issue a license to the applicant unless the commissioner determines that:

(a)  The applicant has made false statements or misrepresentations in such

application; or

(b)  The applicant does not meet the conditions of subsection (1) of this

section; or

(c)  The applicant is not duly authorized to transact business in the state of

Colorado; or

(d)  Any officer, director, or controlling shareholder of the applicant has been

convicted of a crime involving fraud or misappropriation or misuse of funds; or

(e)  The applicant has not filed a preneed contract, general provider contract,

or trust agreement and assignment form, where applicable, which comply with the provisions of this article; or

(f)  The applicant is an insurance company.


(3) (a)  The contract seller shall keep accurate accounts, books, and records

of all transactions, copies of all preneed contracts, dates and amounts of payments made and accepted thereon, the name and address of each contract buyer, copies of all annual reports, the name of the preneed contract beneficiary as to each preneed contract, the name of the trustee holding trusted funds received under each preneed contract, copies of statutory reports made to the trustee and statutory reports provided by the trustee, and any other information necessary to verify compliance with the provisions of this article.

(b)  Such records as stated in paragraph (a) of this subsection (3) shall be

kept by the contract seller for at least five years following the earliest of the following:

(I)  The death of the preneed contract beneficiary; or


(II)  The removal of funds from trust; or


(III)  The termination of the assignment of life insurance benefits.


(4) (a)  The commissioner may investigate the books, records, and accounts of

a contract seller to ensure that trust funds, preneed contracts, and preneed insurance policies comply with this article 15. The commissioner, or a qualified person designated by the commissioner, may examine the books, records, and accounts of the contract seller as often as necessary and may require the attendance of and examine under oath all persons whose testimony the commissioner needs for this purpose.

(b)  The commissioner shall make every reasonable effort to utilize examiners

employed by the division of insurance in preference to designating persons who are not employees of the division of insurance to perform examinations. If evidence of a violation of this article is known, the commissioner may designate a qualified person who is not an employee of the division of insurance to examine a contract seller, and the contract seller shall directly pay the reasonable expenses and charges of the examiner. The examinee may contest the amount of fees, costs, and expenses charged by the examiner by filing an objection with the commissioner that sets forth the charges the examinee considers to be unreasonable, together with the basis for disputing the charges. Amounts that are disputed are not due to the examiner until the commissioner has reviewed the objection and made a written finding that the disputed charges were reasonable for the examination performed.

(5) (a)  Every license shall expire on June 30. Every license shall be renewed

annually and automatically extended upon filing of a complete application on a form provided by the commissioner, demonstration of compliance with the conditions of subsection (2) of this section, payment of the fee prescribed in paragraph (b) of this subsection (5), and the filing of the annual report which shall be due by March 31 of each year. A filing made later than March 31 may be subject to a late fee of up to one hundred dollars per day for each day received after such date. If the contract seller is in compliance with this section, the contract seller shall be deemed licensed unless and until notified by the commissioner that the renewal does not comply with this section.

(b)  The commissioner shall establish the annual renewal fee by rule based on

the cost of regulating the industry and the outstanding preneed contract obligations of the contract sellers.

(6)  Notwithstanding the amount specified for any fee in this section, the

commissioner by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

Source: L. 95: Entire article R&RE, p. 1034, � 1, effective May 25. L. 98: (6)

added, p. 1328, � 32, effective June 1. L. 2002: (1) amended, p. 971, � 3, effective June 1. L. 2010: (4) amended, (HB 10-1220), ch. 197, p. 853, � 11, effective July 1. L. 2013: (1)(a) and (4) amended, (SB 13-125), ch. 287, p. 1516, � 2, effective August 7. L. 2019: (1)(b)(I.5) added, (HB 19-1166), ch. 125, p. 538, � 4, effective April 18. L. 2022: (1)(b)(I.5) amended, (HB 22-1270), ch. 114, p. 514, � 6, effective April 21; (1)(a), (4)(a), and (5)(b) amended, (HB 22-1228), ch. 309, p. 2223, � 3, effective August 10.

Editor's note: This section is similar to former � 10-15-103 as it existed prior

to 1995.

C.R.S. § 10-16-1004

10-16-1004. Health-care coverage cooperatives - establishment - fees. (1) (a) There is hereby authorized the creation of entities to be known as health-care coverage cooperatives. A health-care coverage cooperative may be created as any lawful entity under articles 55, 56, 58, 101 to 117, or 121 to 137 of title 7, C.R.S., so long as such entity operates for the mutual benefit of its members. Entities created pursuant to this part 10, in addition to the matters otherwise required, are subject to this part 10.

(b)  Each cooperative shall follow the organizational requirements and

corporate governance requirements of its statutory incorporation and, in addition, shall provide internal procedures that comply with section 10-16-1009.

(2) (a) (I)  A cooperative organized on or after August 4, 2004, for the

purposes of securing health-care coverage for its members and their eligible employees shall file articles of organization with the secretary of state and shall provide a copy of such articles to the commissioner in such form as the secretary and the commissioner may require consistent with this part 10 and title 7, C.R.S.

(II)  For cooperatives formed prior to August 4, 2004, the executive director

of the department of health care policy and financing shall provide the commissioner with such cooperatives' articles of organization.

(b)  Any person or entity operating or holding itself out as a cooperative shall

apply for and obtain a certificate of authority to operate as a cooperative pursuant to sections 10-16-1005 and 10-16-1006.

(c)  No individual or entity that organizes a cooperative may become or

attempt to become a person with financial interest in the cooperative's business for a period of three years after organization of the cooperative.

(3) (a)  A cooperative is organized when the articles of organization are filed

with the secretary of state or, if a delayed effective date is specified in the articles as filed with the secretary of state and a certificate of withdrawal is not filed, on such delayed effective date. The existence of the cooperative begins upon organization; except that no cooperative shall secure health-care coverage for its members until a certificate of authority has been issued by the commissioner pursuant to section 10-16-1005 (1).

(b)  Except in a proceeding by the state to cancel or revoke the organization

of, or involuntarily dissolve, the cooperative, the secretary of state's filing of the articles of organization shall be conclusive and irrefutable proof that all conditions precedent to organization have been met.

(4)  Each cooperative shall file a report pursuant to section 7-136-107, C.R.S.,

and pay the required fee, which shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., in lieu of all franchise or corporation license taxes.

(5) (a)  Except as allowed by section 10-16-1014 or subsection (5)(b) of this

section, the division of insurance shall not participate in the formation or administration of a health-care coverage cooperative created pursuant to this part 10.

(b)  The commissioner may provide technical assistance in the formation of a

cooperative created pursuant to this part 10 so long as the cooperative is not formed or administered by the commissioner as an entity or instrumentality of the state.

Source: L. 2004: Entire part added, p. 996, � 14, effective August 4. L. 2011:

(1)(a) amended, (SB 11-191), ch. 197, p. 820, � 4, effective April 2, 2012. L. 2019: (5) amended, (SB 19-004), ch. 205, p. 2192, � 5, effective August 2.

Cross references: For the legislative declaration in SB 19-004, see section 1

of chapter 205, Session Laws of Colorado 2019.

C.R.S. § 10-16-1005

10-16-1005. Issuance of certificate of authority by commissioner for cooperative to purchase health-care coverage. (1) (a) (I) (A) On and after August 4, 2004, an unlicensed cooperative conducting business pursuant to this part 10 shall file an application with the commissioner for issuance of a certificate of authority to purchase health-care coverage for members and their eligible employees. An application shall include the following information: The name of the cooperative and any agent for service of process; details concerning provisions to govern the business and affairs of the cooperative, including management and organizational structure; an affidavit signed under oath by an officer of the organization that the cooperative is in compliance with sections 10-16-1004 (2)(c) and 10-16-1008 (3); and the names of managing personnel of the cooperative. The commissioner shall grant a certificate of authority to an applicant under this section unless the application fails to comply with this part 10. The commissioner shall establish an application filing fee, not to exceed one thousand one hundred dollars, to recover the direct costs of the commissioner in conducting the review required by this section. Each cooperative issued a certificate of authority pursuant to this section shall annually submit such information as the commissioner may reasonably require to determine that a cooperative continues to be in compliance with the provisions of this part 10. The commissioner shall establish a fee, not to exceed one thousand one hundred dollars annually, to recover the direct costs of the commissioner in determining annually that a cooperative is in compliance with the provisions of this part 10.

(B)  Except as provided in section 10-16-1004 (3)(b), no cooperative shall take

any action enumerated in section 10-16-1009 unless a certificate of authority has been issued pursuant to this section by the commissioner. Any person or entity applying to obtain a certificate of authority as required by section 10-16-1004 (2)(b) that fails to obtain a certificate of authority by December 1, 2004, shall cease to engage in any activity for which a certificate of authority is required pursuant to this part 10 until a certificate of authority is issued by the commissioner pursuant to this section and section 10-16-1006.

(C)  Cooperatives that have been issued a certificate of authority by the

executive director of the department of health care policy and financing prior to August 4, 2004, shall submit proof of such certificate of authority to the commissioner prior to November 1, 2004. The commissioner shall reissue a certificate of authority to the cooperative on or before December 1, 2004.

(II)  A cooperative shall be required to post a fidelity or employee dishonesty

bond or deposit with the commissioner a certificate of deposit or securities in a minimum amount equal to at least two months' premiums held by the cooperative or its administrator as of its annual renewal date in order to be granted a certificate of authority under this section. If a cooperative contracts with an outside administrator for all premium-handling functions, the cooperative itself will not be required to post a bond in order to comply with the provisions of this subparagraph (II) so long as the cooperative submits to the commissioner evidence that such administrator has obtained a bond in the required amount.

(b)  The commissioner may grant a temporary certificate of authority to any

cooperative. Any such temporary certificate of authority shall be valid for a period of one year after the date of issuance.

(c)  Notwithstanding the provisions of part 2 of article 72 of title 24, C.R.S., an

application, together with any supporting material and responses from the commissioner, shall not be considered a public record until the commissioner approves the application or until an organizer requests a hearing on the commissioner's denial of the application.

(2)  The commissioner shall respond in writing to each application for a

certificate of authority within thirty days after receipt by the commissioner. The commissioner shall either approve the application or shall inform the organizers of specific changes to the application that the commissioner deems necessary for approval under this part 10. Each applicant shall respond to the commissioner's comments within thirty days after receipt. The commissioner shall either approve the application within thirty days after receipt of such changes or request additional changes to the application. The time limits contained in this subsection (2) shall apply to all phases of the application process except hearings conducted pursuant to article 4 of title 24, C.R.S.

Source: L. 2004: Entire part added, p. 997, � 14, effective August 4.

C.R.S. § 10-16-122

10-16-122. Access to prescription drugs. (1) Except as provided in section 25.5-5-406.1 (1)(s), any pharmacy benefit management firm or intermediary whose contract with a carrier includes an open network shall allow participation by each pharmacy provider in the contract service area. If a pharmacy benefit management firm or intermediary offers an open network, the pharmacy benefit management firm or intermediary may offer such network on a regional or local basis.

(2)  For purposes of this section, open network means any pharmacy

network created by a pharmacy benefit management firm or intermediary through a contracting process with pharmacy providers that does not include competitive bidding and allows participation by any pharmacy provider that agrees to the terms and conditions of the contract offered by the pharmacy benefit management firm or intermediary.

(3)  A pharmacy benefit management firm or intermediary shall not be

prohibited from contracting with exclusive pharmacy networks if, sixty days before the termination or effective date of an exclusive pharmacy network contract between the pharmacy providers and the pharmacy benefit management firm or intermediary, notice of such termination or of the effective date of an exclusive pharmacy network contract is published in one or more newspapers of general circulation in the affected contract service area. Notice shall include information about where in Colorado a copy of the pharmacy provider selection criteria may be obtained.

(4) (a)  No pharmacy benefit manager or carrier offering a managed care plan

shall transfer or request that a pharmacy provider transfer the prescription or prescriptions of a covered person or subscriber, wholly or in part, to a different participating pharmacy provider than the provider selected by the covered person or subscriber unless one or more of the following conditions have been met:

(I)  The participating pharmacy provider to whom the covered person or

subscriber's prescription is to be transferred or the carrier or pharmacy benefit manager has obtained a document, signed by the covered person or subscriber, that contains a clear, conspicuous, and unequivocal request by the covered person or subscriber for a change of provider;

(II)  The participating pharmacy provider carrier or pharmacy benefit manager

to whom the covered person or subscriber's prescription is to be transferred has obtained the covered person or subscriber's oral authorization for the transfer and is able to furnish proof of such authorization through verification by an independent third party or an electronic record; or

(III)  The pharmacy provider's participation in the pharmacy network of the

carrier or pharmacy benefit manager has changed and the pharmacy provider selected by the covered person or subscriber is no longer a participating provider in the network, provided that the covered person or subscriber has been notified of the proposed transfer of pharmaceutical care services and is given an opportunity to affirmatively select a participating pharmacy provider other than the proposed transferee.

(b)  Nothing in this subsection (4) shall require a carrier offering a managed

care plan or a pharmacy benefit manager to pay for pharmaceutical benefits received from a nonparticipating provider.

Source: L. 98: Entire section added, p. 1188, � 1, effective August 5. L. 2001:

(4) added, p. 1230, � 2, effective January 1, 2002. L. 2006: (1) amended, p. 1999, � 35, effective July 1. L. 2013: (1) amended, (HB 13-1266), ch. 217, p. 988, � 48, effective May 13. L. 2018: (1) amended, (HB 18-1431), ch. 313, p. 1891, � 8, effective August 8.

C.R.S. § 10-16-202

10-16-202. Required provisions in individual sickness and accident policies. (1) Except as provided in section 10-16-204, each such policy delivered or issued for delivery to any person in this state shall contain the provisions specified in this section in the words in which the same appear in this section; except that the insurer, at its option, may substitute for one or more of such provisions corresponding provisions of different wording approved by the commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Such provisions shall be preceded individually by the caption appearing in this section or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.

(2)  A provision as follows: Entire contract--changes: This policy, including

the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions.

(3)  Provisions as follows: Time limit on certain defenses: (a)  Two years after

the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such two-year period. The policy cannot be retroactively terminated except for fraud or intentional misrepresentation. For any termination other than for fraud or intentional misrepresentation, the carrier shall provide notice thirty days in advance of the cancellation of the policy.

(The foregoing policy provision does not affect any legal requirement for

avoidance of a policy or denial of a claim during such initial two-year period, nor limit the application of section 10-16-203 in the event of misstatement with respect to age or occupation or other insurance.)

(A policy that the insured has the right to continue in force subject to its

terms by the timely payment of premium until at least age fifty, or in the case of a policy issued after age forty-four, for at least five years after its date of issue, may contain, in lieu of the foregoing, the following provision, from which the clause in parentheses may be omitted at the insurer's option, under the caption Incontestable:

After this policy has been in force for a period of two years during the

lifetime of the insured (excluding any period during which the insured is disabled), it becomes incontestable as to the statements contained in the application.)

(b)  Except for individual disability income insurance policies, no claim for

loss incurred or disability, as defined in the policy, commencing one year after the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or a specific description effective on the date of loss had existed prior to the effective date of coverage of this policy.

(c)  If this is an individual disability income insurance policy then no claim for

loss incurred or disability, as defined in this individual disability income insurance policy, commencing two years after the date of issue of the policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or a specific description effective on the date of loss had existed prior to the effective date of coverage of this policy.

(4) (a)  Except as required by section 10-16-140, in a policy other than a health

benefit plan, a provision as follows: Grace period: A grace period of ........ (insert a number not less than '7' for weekly premium policies, '10' for monthly premium policies, and '31' for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force.

(b)  A policy in which the insurer reserves the right to refuse any renewal

shall have, at the beginning of the provision referred to in paragraph (a) of this subsection (4), Unless not less than thirty days prior to the premium due date the insurer has delivered to the insured or has mailed to the insured's last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted.

(5) (a)  A provision as follows: Reinstatement: If any renewal premium is not

paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy. If the insurer or such agent requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer or, lacking such approval, upon the forty-fifth day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application. The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than ten days after such date. In all other respects the insured and insurer shall have the same rights thereunder as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions endorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than sixty days prior to the date of reinstatement.

(b)  The last sentence of the above provision may be omitted from any policy

which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age fifty or, in the case of a policy issued after age forty-four, for at least five years from its date of issue.

(6) (a)  Provisions as follows: Notice of claim: Written notice of claim must be

given to the insurer within twenty days after the occurrence or commencement of any loss covered by the policy or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at ........ (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer.

(b)  In a policy providing a loss-of-time benefit which may be payable for at

least two years, an insurer may at its option insert the following between the first and second sentences of the provision set forth in paragraph (a) of subsection (6) of this section:

Subject to the qualifications set forth below, if the insured suffers loss of

time on account of disability for which indemnity may be payable for at least two years, the insured shall, at least once in every six months after having given notice of claim, give to the insurer notice of continuance of said disability, except in the event of legal incapacity. The period of six months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured's right to any indemnity which would otherwise have accrued during the period of six months preceding the date on which such notice is actually given.

(7)  A provision as follows: Claim forms: The insurer, upon receipt of a notice

of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character, and the extent of the loss for which claim is made.

(8)  A provision as follows: Proofs of loss: Written proof of loss must be

furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within ninety days after the termination of the period for which the insurer is liable and in case of claim for any other loss within ninety days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, if such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one year from the time proof is otherwise required.

(9)  A provision as follows: Time of payment of claims: Indemnities payable

under this policy for any loss other than loss for which this policy provides any periodic payment will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ........ (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof.

(10) (a)  A provision as follows: Payment of claims: Indemnity for loss of life

will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured.

(b)  The following provisions, or either of them, may be included with the

provision set forth in paragraph (a) of this subsection (10) at the option of the insurer:

If any indemnity of this policy shall be payable to the estate of the insured,

or to an insured or beneficiary who is a minor or otherwise not competent to give valid release, the insurer may pay such indemnity, up to an amount not exceeding $ ........ (insert an amount which shall not exceed $1000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment.

Subject to any written direction of the insured in the application or

otherwise, all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may, at the insurer's option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person.

(11)  A provision as follows: Physical examinations and autopsy: The insurer

at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.

(12)  A provision as follows: Legal actions: No action at law or in equity shall

be brought to recover on this policy prior to the expiration of sixty days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished.

(13) (a)  A provision as follows: Change of beneficiary: Unless the insured

makes an irrevocable designation of beneficiary, the right to change of beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy.

(b)  The first clause of this provision, relating to the irrevocable designation

of beneficiary, may be omitted at the insurer's option.

Source: L. 92: Entire article R&RE, p. 1660, � 1, effective July 1. L. 94: (3)

amended, p. 1918, � 11, effective July 1. L. 95: (3)(b) amended and (3)(c) added, p. 726, � 2, effective May 23. L. 2013: (3) and (4)(a) amended, (HB 13-1266), ch. 217, p. 978, � 29, effective May 13.

Editor's note: This section is similar to former � 10-8-104 as it existed prior to

1992.

C.R.S. § 10-16-203

10-16-203. Optional provisions in individual sickness and accident insurance policies. (1) Except as provided in section 10-16-204, no individual sickness and accident insurance policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth below unless such provisions are in the words in which the same appear in this section; except that the insurer may, at its option, use in lieu of any such provision a corresponding provision of different wording approved by the commissioner which is not less favorable in any respect to the insured or the beneficiary. Any such provision contained in the policy shall be preceded individually by the appropriate caption appearing in this section or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.

(2)  A provision as follows: Change of occupation: If the insured is injured or

contracts sickness after having changed the insured's occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes the insured's occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation.

(3)  A provision as follows: Misstatement of age: If the age of the insured has

been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.

(4)  A provision as follows: Other insurance in this insurer: If an accident or

sickness or accident and sickness policy or policies previously issued by the insurer to the insured are in force concurrently herewith, making the aggregate indemnity for ........ (insert type of coverage or coverages) in excess of $ ........ (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to the insured's estate.; or, in lieu thereof:

Insurance effective at any one time on the insured under a like policy or

policies in this insurer is limited to the one such policy elected by the insured, the insured's beneficiary, or the estate of the insured, as the case may be, and the insurer will return all premiums paid for all other such policies.

(5) (a)  A provision as follows: Insurance with other insurers: If there is other

valid coverage, not with this insurer, providing benefits for the same loss on a provision of service basis or on an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability under any expense incurred coverage of this policy shall be for such proportion of the loss as the amount which would otherwise have been payable hereunder plus the total of like amounts under all such other valid coverages for the same loss of which this insurer had notice bears to the total like amounts under all valid coverages for such loss, and for the return of such portion of the premiums paid as shall exceed the pro rata portion for the amount so determined. For the purpose of applying this provision when other coverage is on a provision of service basis, the 'like amount' of such other coverage shall be taken as the amount which the services rendered would have cost in the absence of such coverage.

(b)  If the foregoing policy provision is included in a policy which also contains

the policy provisions in subsection (6) of this section, there shall be added to the caption of the foregoing provision the phrase ........ Expense incurred benefits. The insurer may include in this provision, at its option, a definition of other valid coverage, approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and by hospital or medical service organizations, and to any other coverage the inclusion of which may be approved by the commissioner. In the absence of such definition, such term shall not include group insurance, automobile medical payments insurance, or coverage provided by hospital or medical service organizations or by union welfare plans or employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute, including any workers' compensation or employer's liability statute, whether provided by a governmental agency or otherwise, shall in all cases be deemed to be other valid coverage of which the insurer has had notice. In applying the foregoing policy provision no third-party liability coverage shall be included as other valid coverage.

(6) (a)  A provision as follows: Insurance with other insurers: If there is other

valid coverage, not with this insurer, providing benefits for the same loss on other than an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurer had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss, and for the return of such portion of the premium paid as shall exceed the pro rata portion for the indemnities thus determined.

(b)  If the policy provision set forth in paragraph (a) of this subsection (6) is

included in a policy which also contains the policy provision in subsection (5) of this section, there shall be added to the caption of the provision set forth in paragraph (a) of this subsection (6) the phrase ........ Other benefits. The insurer may include in this provision, at its option, a definition of other valid coverage, approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada and to any other coverage the inclusion of which may be approved by the commissioner. In the absence of such definition, such term shall not include group insurance, or benefits provided by union welfare plans or by employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefits provided for such insured pursuant to any compulsory benefit statute, including any workers' compensation or employer's liability statute, whether provided by a governmental agency or otherwise, shall in all cases be deemed to be other valid coverage of which the insurer has had notice. In applying the foregoing policy provision, no third-party liability coverage shall be included as other valid coverage.

(7) (a)  A provision as follows: Relation of earnings to insurance: If the total

monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or the insured's average monthly earnings for the period of two years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred dollars, or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time.

(b)  The policy provision set forth in paragraph (a) of this subsection (7) may

be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age fifty or, in the case of a policy issued after age forty-four, for at least five years from its date of issue. The insurer may include in this provision, at its option, a definition of valid loss of time coverage, approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada or to any other coverage the inclusion of which may be approved by the commissioner or any combination of such coverages. In the absence of such definition, such term shall not include any coverage provided for such insured pursuant to any compulsory benefit statute, including any workers' compensation or employer's liability statute, or benefits provided by union welfare plans or by employer or employee benefit organizations.

(8)  A provision as follows: Unpaid premium: Upon the payment of a claim

under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.

(9)  A provision as follows: Conformity with state statutes: Any provision of

this policy which, on its effective date, is in conflict with the statutes of the state in which the insured resides on such date is hereby amended to conform to the minimum requirements of such statutes.

Source: L. 92: Entire article R&RE, p. 1665, � 1, effective July 1.


Editor's note: This section is similar to former � 10-8-105 as it existed prior to

1992.

C.R.S. § 10-16-210

10-16-210. Notice - waiver. The acknowledgment by any insurer of the receipt of notice given under any policy covered by part 1 of this article or this part 2, or the furnishing of forms for filing proofs of loss, or the acceptance of such proofs, or the investigation of any claim under such policy shall not operate as a waiver of any of the rights of the insurer in defense of any claim arising under such policy.

Source: L. 92: Entire article R&RE, p. 1671, � 1, effective July 1.


Editor's note: This section is similar to former � 10-8-112 as it existed prior to

1992.

C.R.S. § 10-16-213

10-16-213. Industrial sickness and accident insurance.

(1)  Repealed.


(2)  Any insurer authorized to write sickness and accident insurance in this

state has the power to issue industrial sickness and accident policies.

(3)  No policy of industrial sickness and accident insurance may be delivered

or issued for delivery in this state unless it has printed on such policy the words industrial policy.

(4) (a)  Each such policy shall be subject to the provisions of this part 2;

except that no such policy shall be required to contain any of the policy provisions set forth in section 10-16-202 or 10-16-203 and except that no such policy shall contain any provision relative to notice of proof of loss, or the time for paying benefits, or the time within which suit may be brought upon the policy, which in the opinion of the commissioner is less favorable to the insured than would be permitted by said policy provisions. Such policy may contain a provision that, upon proper written request, a named beneficiary shall be designated in or by endorsement on the policy to receive the proceeds thereof on the death of the insured, and there shall be reserved to the insured the power to change the beneficiary at any time by written notice to the insurer at its home office, accompanied by the policy for endorsement of the change on said policy by the insurer. The insurer shall have the right to refuse to designate a beneficiary if evidence satisfactory to the company of such beneficiary's insurable interest in the life of the insured is not furnished on request.

(b)  Any such policy may provide in substance that any payment under said

policy may be made to the insured or the insured's estate or to any relative by blood or connection by marriage of the insured, or, to the extent of such portion of any payment under the policy as reasonably appears to the insurer to be due to such person or to any other person equitably entitled thereto by reason of having incurred expense occasioned by the maintenance or illness or burial of the insured. If the policy is in force at the death of the insured, the proceeds from said policy shall be payable to the named beneficiary if living, but, upon the expiration of fifteen days after the death of the insured, unless proof of claim in the manner and form required by the policy, accompanied by the policy for surrender, has theretofore been made by such beneficiary, the insurer may pay to any other person permitted by the policy.

Source: L. 92: Entire article R&RE, p. 1672, � 1, effective July 1. L. 2025: (1)

repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: (1)  This section is similar to former � 10-8-115 as it existed prior

to 1992.

(2)  Subsection (1) was relocated to � 10-16-200.3 in 2025.

C.R.S. § 10-16-214

10-16-214. Group sickness and accident insurance. (1) Group sickness and accident insurance is declared to be that form of sickness and accident insurance covering groups of persons, with or without their dependents, and issued upon the following bases:

(a)  Under a policy issued to an employer, who shall be deemed the

policyholder, insuring at least ten employees of such employer for the benefit of persons other than the employer. The term employees, as used in part 1 of this article and this part 2, includes the officers, managers, and employees of the employer, the bona fide volunteers if the employer is an emergency service provider, the partners if the employer is a partnership, the officers, managers, and employees of subsidiary or affiliated corporations of a corporation employer, and the individual proprietors, partners, and employees of individuals and firms, the business of which is controlled by the insured employer through stock ownership, contract, or otherwise. The term employer, as used in part 1 of this article and this part 2, may include an emergency service provider, any municipal or governmental corporation, unit, agency, or department thereof, and the proper officers, as such, of an emergency service provider or an unincorporated municipality or department thereof, as well as private individuals, partnerships, and corporations.

(b)  Under a policy issued to an association, including a labor union, which has

a constitution and bylaws and which is organized and maintained in good faith for purposes other than that of obtaining insurance, insuring at least twenty-five members of the association for the benefit of persons other than the association or its officers or trustees, as such;

(c)  On and after July 1, 1994, under a policy issued to any person or

organization to which a policy of group life insurance may be issued or delivered in this state to insure any class of individuals that could be insured under such group life insurance policy; except that, on and after July 1, 1994, a group sickness and accident insurance policy must cover at least two or more individuals at date of issue;

(d)  Under a policy issued to any other substantially similar group which, in

the discretion of the commissioner, may be subject to the issuance of a group sickness and accident policy or contract.

(e)  Repealed.


(2) (a)  The provisions of this section shall not apply to transactions in this

state involving group sickness and accident insurance policies for policies which were lawfully issued and delivered in another jurisdiction in which the company was authorized to do insurance business and any such policy was issued to a valid multistate association located in the state of issue, if the policy is not designed, administered, or marketed as a plan for employers to provide coverage to one or more employees and is not a bona fide association plan.

(b)  Repealed.


(3) (a)  Except as required by section 10-16-140 or as provided for in

subsection (2) of this section, all policies of group sickness and accident insurance providing coverage to persons residing in the state must contain in substance the following provisions or provisions that, in the opinion of the commissioner, are more favorable to the persons insured or at least as favorable to the persons insured and more favorable to the policyholder:

(I)  A provision that the policyholder is entitled to a grace period of thirty-one

days for the payment of any premium due except the first, during which grace period the policy shall continue in force, unless the policyholder has given the carrier written notice of discontinuance of the coverage in advance of the date of discontinuance in accordance with the terms of the policy. The policy may provide that the policyholder is liable to the carrier for the payment of a pro rata premium for the time the coverage was in force during the grace period.

(II)  A provision that the validity of the policy shall not be contested, except

for nonpayment of premiums, after it has been in force for two years from its date of issue and that no statement made for the purpose of effecting insurance coverage under the policy with respect to a person shall be used to avoid the insurance with respect to which such statement was made or to reduce benefits under such policy after such insurance has been in force for a period of two years during such person's lifetime unless such statement is contained in a written instrument signed by the person making such statement and a copy of that instrument is or has been furnished to the person making the statement or to the beneficiary of any such person;

(III)  A provision that a copy of the application, if any, of the policyholder shall

be attached to the policy when issued and that all statements made by the policyholder or by the persons covered shall be deemed representations and not warranties;

(IV)  A provision that no agent has authority to change the policy or waive any

of its provisions and that no change in the policy shall be valid unless approved by an officer of the insurer and evidenced by an endorsement on the policy or by rider or amendment to the policy signed by the insurer; but any such amendment which reduces or eliminates coverage shall have been either requested in writing or signed by the policyholder;

(V) (A)  A provision specifying the additional exclusions or limitations, if any,

applicable under the policy with respect to a disease or physical condition of a person, not otherwise excluded from the person's coverage by name or specific description effective on the date of the person's loss, which existed prior to the effective date of the person's coverage under the policy. With respect to a group health coverage plan, such provision shall comply with the provisions of section 10-16-118; except that, with respect to a group disability income insurance policy, such provision shall comply with the provisions of sub-subparagraph (C) of this subparagraph (V).

(B)  In no event shall such exclusion or limitation apply to loss incurred or

disability commencing after the earlier of the end of a continuous period of six months commencing on or after the effective date of the person's coverage during all of which the person has received no medical advice or treatment in connection with such disease or physical condition and the end of the six-month period commencing on the effective date of the person's coverage, except as provided in sub-subparagraphs (A) and (C) of this subparagraph (V).

(C)  A group disability income insurance policy shall not define a preexisting

condition more restrictively than an injury, sickness, or pregnancy for which a person incurred charges, received medical treatment, consulted a health professional, or took prescription drugs within the twelve-month period immediately preceding the effective date of coverage. In no event shall a group disability income insurance policy deny, exclude, or limit benefits for a covered individual because of a preexisting condition for a disability commencing more than twelve months following the effective date of such individual's coverage under the group disability income insurance policy.

(VI)  A provision specifying the ages, if any, to which the insurance provided is

limited, the ages, if any, for which additional restrictions are placed on benefits, and the additional restrictions placed on the benefits at such ages. If the premiums or benefits vary by age, there shall also be a provision specifying an equitable adjustment of premiums or benefits, or both, to be made in the event the age of a covered person has been misstated, such provision to contain a clear statement of the method of adjustment to be used. In no event, however, shall coverage be required for any person during any period when, according to the person's correct age, coverage would otherwise not be provided for the person under the policy.

(VII)  A provision that the insurer will issue to the policyholder, for delivery to

each person insured, a certificate, which may be in summary form, setting forth the essential features of the insurance coverage, including any applicable conversion or continuation privilege, and to whom the benefits are payable. If family members or dependents are included in the coverage, only one certificate need be issued for each family unit.

(VIII)  A provision that written notice of claim must be given to the insurer

within twenty days after the occurrence or commencement of any loss covered by the policy. Failure to give notice within such time shall not invalidate nor reduce any claim if it is shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible.

(IX)  A provision that the insurer will furnish, to the person making claim or to

the policyholder for delivery to said person, such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of fifteen days after the insurer receives notice of any claim under the policy, the person making the claim shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, character, and extent of the loss for which claim is made.

(X)  A provision that, in the case of claim for loss of time for disability, written

proof of such loss must be furnished to the insurer within ninety days after the commencement of the period for which the insurer is liable, that subsequent written proofs of the continuance of such disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that, in the case of a claim for any other loss, written proof of such loss must be furnished to the insurer within ninety days after the date of such loss. Failure to furnish such proof within such time shall not invalidate nor reduce any claim if it was not reasonably possible to furnish such proof within such time if such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the claimant, later than one year from the time proof is otherwise required.

(XI)  A provision that all benefits payable under the policy, other than benefits

for loss of time, will be payable pursuant to section 10-16-106.5 and that, subject to due proof of loss, all accrued benefits payable under the policy for loss of time will be paid not less frequently than monthly during the continuance of the period for which the insurer is liable and that any balance remaining unpaid at the termination of such period will be paid as soon as possible after receipt of such proof;

(XII)  A provision that indemnity for loss of life shall be payable to the

beneficiary designated by the insured (but, when the policy contains conditions pertaining to family status or provisions pertaining to coverage of family members, the beneficiary may be the family member specified by the policy terms) or, if there is no such designated or specified beneficiary, to such other person as is specified in the policy and that all other indemnities of the policy are payable to the insured; except that the group policy may provide that all or any portion of any benefits on account of hospital, medical, and surgical or other services may be paid, at the insurer's option, directly to the hospital or person rendering such services. The group policy may provide that, if any benefit is payable to the estate of a person or to a person who is a minor or otherwise not competent to give a valid release, the insurer may pay such benefit, up to an amount not exceeding two thousand dollars, to any relative by blood or connection by marriage of such person who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to the provisions of this subparagraph (XII) shall discharge the insurer's obligation with respect to the extent of such payment.

(XIII)  A provision that the insurer shall have the right and opportunity to

examine the person of the individual for whom claim is made when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy in case of death where it is not prohibited by law;

(XIV)  A provision that no action at law or in equity shall be brought to recover

on the policy prior to the expiration of the time requirements for payment pursuant to section 10-16-106.5 and after proof of loss has been filed in accordance with the requirements of the policy and that no such action shall be brought at all unless brought within three years from the expiration of the time within which proof of loss is required by the policy.

(b) (I)  The provisions of subparagraph (V) of paragraph (a) of this subsection

(3) shall not apply to dental insurance.

(II)  The provisions of subparagraphs (V) and (XII) of paragraph (a) of this

subsection (3) shall not apply to policies issued to a creditor to insure debtors of such creditor.

(III)  The standard provisions required for individual health insurance policies

shall not apply to group health insurance policies.

(IV)  If any provision of this section is, in whole or in part, inapplicable to or

inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, shall omit from such policy any inapplicable provision or part thereof and shall modify any inconsistent provision or part thereof in such manner as to make the provision contained in the policy consistent with the coverage provided by the policy.

(4)  A carrier offering a group health benefit plan shall not establish rules for

eligibility for any individual to enroll under the plan based on any health status-related factors in relation to the individual or a dependent of the individual.

(5)  A carrier writing health benefit coverage for an employee leasing

company shall ensure that any health benefit plan marketed or sold to such company that covers employees in Colorado complies with all the provisions of Colorado law that apply to large employer health plans, including consumer and provider protections, mandated benefits, nondiscrimination and fair marketing rules, preexisting limitations, and other required health plan policy provisions. All health coverage plans sponsored by or marketed through an employee leasing company shall be fully insured plans.

(6)  A group sickness and accident insurance policy, other than a long-term

care policy, disability income policy, or supplemental policy covering a specified disease or other limited benefit, issued, renewed, or reinstated on or after January 1, 2007, shall not contain any provision that limits or excludes payments under hospital or medical benefits coverage to or on behalf of the insured because the insured or any covered dependent sustained an injury while intoxicated or under the influence of a controlled substance, as defined in section 18-18-102 (5), C.R.S.

Source: L. 92: Entire article R&RE, p. 1673, � 1, effective July 1; (1)(e) repealed,

p. 1592, � 114, effective July 1. L. 94: (1)(c) and (3)(a)(V) amended, p. 1919, � 12, effective July 1. L. 95: (3)(a)(V)(B) amended and (3)(a)(V)(C) added, p. 726, � 3, effective May 23. L. 97: (2)(a) and (3)(a)(V)(A) amended and (4) added, p. 643, � 9, effective July 1. L. 99: (5) added, p. 149, � 3, effective March 25. L. 2004: (3)(a)(XI), (3)(a)(XIV), and (5) amended, p. 991, � 12, effective August 4. L. 2006: (6) added, p. 408, � 2, effective January 1, 2007. L. 2008: (1)(a) amended, p. 579, � 2, effective August 5. L. 2010: (1)(c) amended, (HB 10-1203), ch. 47, p. 177, � 2, effective March 29. L. 2013: (1)(c), IP(3)(a), and (3)(a)(I) amended and (2)(b) repealed, (HB 13-1266), ch. 217, pp. 979, 978, � � 30, 27, effective May 13.

Editor's note: (1)  The provisions of this section are similar to several former

provisions of � 10-8-116 as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Subsection (2)(b) was relocated to � 10-16-102 (68) in 2013.


Cross references: For the legislative declaration contained in the 1997 act

amending subsections (2)(a) and (3)(a)(V)(A) and enacting subsection (4), see section 1 of chapter 154, Session Laws of Colorado 1997.

C.R.S. § 10-16-217

10-16-217. Application of part 1 of this article and part 2. (1) Nothing in part 1 of this article or this part 2 shall apply to or affect any policy of workers' compensation insurance or any policy of liability insurance with or without supplementary expense coverage in said policy; or life insurance, endowment, or annuity contracts, or contracts supplemental to said policy which contain only such provisions relating to sickness and accident insurance as provide additional benefits in case of death by accident, and as operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract.

(2)  With the exception of section 10-16-201 (3), the provisions of sections 10-16-201 to 10-16-205 shall not apply to those forms of sickness and accident policies

enumerated in sections 10-16-214 and 10-16-215; except that no such policy shall contain any provision relative to notice or proof of loss, or the time for paying benefits, or the time within which suit may be brought upon the policy, which in the opinion of the commissioner is less favorable to the insured than would be permitted by the policy provisions set forth in section 10-16-202 or 10-16-203.

Source: L. 92: Entire article R&RE, p. 1680, � 1, effective July 1.


Editor's note: This section is similar to former � 10-8-119 as it existed prior to

1992.

Cross references: For provisions pertaining to workers' compensation, see

articles 40 to 47 of title 8.

C.R.S. § 10-16-324

10-16-324. Conversion of corporation to a stock insurance company. (1) It is the intent of the general assembly by the enactment of this section to create a procedure for nonprofit hospital, medical-surgical, and health service corporations subject to the provisions of part 1 of this article and this part 3 to elect to convert to a stock insurance company subject to article 3 of this title. The general assembly in so doing recognizes the substantial and recent changes in market and health-care conditions that are affecting such corporations and further recognizes the need for equal regulatory treatment and competitive equality for health-care insurers. The general assembly further finds that a procedure for conversion to a stock insurance company will be in the best interests of policyholders by providing greater financial stability for such company's policyholders and a greater opportunity to remain a financially independent Colorado company.

(2)  Any nonprofit hospital, medical-surgical, and health service corporation,

referred to in this section as corporation, subject to the provisions of part 1 of this article and this part 3 may convert, without reincorporation, to a stock insurance company subject to article 3 of this title under a plan that complies with this section and has been approved by the commissioner pursuant to this section.

(3)  In order to convert to a stock insurance company, the corporation shall

file with the commissioner a plan for such conversion and apply for an amended certificate of authority pursuant to part 1 of article 3 of this title. The plan shall be available to the public for inspection both at the office of the commissioner and at the office of the proponent of the plan.

(4)  The plan shall set forth with specificity the terms and conditions of the

proposed conversion and shall do all of the following:

(a)  Certify that the plan has been adopted by a majority vote of the board of

directors of the corporation;

(b)  Establish that the plan and the proposed conversion will not be

prejudicial to the subscribers of the corporation or the citizens of the state of Colorado;

(c)  Provide a comparative premium rate analysis of the corporation's major

plans and product offerings, comparing actual premium rates for the three-year period prior to the filing of the plan and projected premium rates for the three-year period following any proposed conversion. Any such rate analysis shall address the projected impact, if any, of the proposed conversion upon the cost to subscribers as well as the projected impact, if any, of the proposed conversion upon the corporation's underwriting profit, investment income, and loss and claim reserves, including the effect, if any, of adverse market or risk selection upon such reserves.

(d)  Provide for the protection of all existing contractual rights of the

corporation's subscribers or contract holders for medical and hospital service or claims for reimbursement thereof;

(e) (I)  Specify a reasonable treatment for the benefit of the citizens of the

state of Colorado of the value of the corporation on all of the following terms that must be approved by the commissioner:

(A)  Such treatment shall be deemed to be reasonable if consideration,

determined by the commissioner to be equal to the fair market value of the corporation, is conveyed or issued to one or more qualifying entities;

(B)  The commissioner shall determine the fair market value of the

corporation at the time of conversion, determined as if it had voting stock outstanding and one hundred percent of its stock were freely transferable and available for purchase without restrictions. Consideration shall be given to market value, investment or earnings value, net asset value, and a control premium, if any. If a qualifying entity or entities receive, at the time of conversion, one hundred percent of the shares of the then-outstanding stock of the corporation, the qualifying entity or entities shall be regarded as having acquired the fair market value of the corporation, unless the commissioner finds that such outstanding stock does not represent the fair market value of the corporation.

(C)  Nothing contained in sub-subparagraphs (A) and (B) of this subparagraph

(I) shall require the auction, sale, or marketing of the corporation or require the commissioner to fix a dollar valuation of the corporation at the time of conversion;

(D)  During the first three years after conversion, to avoid dilution of the value

of the qualifying entity's ownership of stock, the corporation or its affiliates may not issue stock greater in seniority, including voting rights, or dividends, than the stock, if any, initially transferred to the qualifying entity. The commissioner may waive the requirements of this sub-subparagraph (D) regarding voting rights, if the commissioner determines that the corporation has transferred to the qualifying entity or entities a benefit equivalent to such voting rights.

(E)  Each qualifying entity, its directors, officers, and staff shall be and

remain independent of the converted stock insurance company and its affiliates and no person who is an officer, director, or staff member of the corporation at the time the plan is submitted or at the time of conversion or thereafter shall be qualified to be an officer, director, or staff member of the qualifying entity. Nothing in this sub-subparagraph (E) shall prohibit a single member of the board of each qualifying entity, selected by such qualifying entity, from serving on the board of the corporation or the board of a holding company that owns the corporation. No director, officer, agent, or employee of the corporation shall benefit directly or indirectly from the conversion of the corporation.

(F)  The charitable mission and grant-making functions of each qualifying

entity must be dedicated to promoting or serving the health-care needs of the citizens of Colorado; except that in no event shall any qualifying entity use the consideration, or any proceeds or gains thereon, transferred to it by the corporation to compete directly as a licensed carrier with the corporation or any of its affiliates;

(G)  The commissioner may permit all or a portion of the consideration

conveyed to any qualifying entity to consist of stock of the corporation or a holding company which owns the corporation. Stock transferred to a qualifying entity may be restricted as set out in the plan approved by the commissioner.

(H)  Repealed.


(I)  At the time of the conversion, the corporation or a holding company that

owns the corporation may issue additional voting shares of stock through an initial public offering or private placement, which stock shall not be included in the consideration transferred to a qualifying entity.

(II) (A)  For purposes of this paragraph (e), a qualifying entity means an

independent tax-exempt charitable or social welfare organization, operating under sections 501(c)(3) or 501(c)(4) of title 26 of the United States Code, the federal Internal Revenue Code of 1986, as amended.

(B)  Whether the qualifying entity is organized under said sections 501 (c)(3)

or 501 (c)(4) of the federal Internal Revenue Code of 1986, as amended, the articles of incorporation of the qualifying entity shall contain at least the following provisions: The qualifying entity shall be organized and operated exclusively for charitable, educational, or scientific purposes consistent with sub-subparagraph (F) of subparagraph (I) of this paragraph (e); the qualifying entity shall engage in lobbying or political activities only to the extent permitted an organization exempt under section 501 (c)(3) of the internal revenue code; the qualifying entity shall not engage in campaign activity or the making of political contributions; no part of the net earnings of the qualified entity may inure to the benefit of any individual; the qualifying entity may not engage in any self dealing for the benefit of its directors, officers, or employees; the qualifying entity shall report to the public at least annually information equivalent to that required of organizations qualified under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended. Nothing in this sub-subparagraph (B), however, shall require that a qualified entity divest itself of stock of the corporation.

(C)  A qualifying entity shall be newly established for purposes of the

conversion authorized in this section, unless otherwise approved by the commissioner.

(f)  Specify the proposed amendments to the corporation's articles of

incorporation, bylaws, and other documents of organization to effectuate the conversion;

(g)  Specify the proposed form of notice of the proposed conversion to be

published as set forth in subsection (6) of this section; and

(h)  Provide such other information as determined by the commissioner to be

reasonably necessary and relevant to the evaluation of the plan.

(5)  The commissioner may retain, upon notice to the corporation, any

qualified expert, such as attorneys, accountants, actuaries, and financial analysts, not otherwise a part of the commissioner's staff, to assist in reviewing the proposed plan, with such reasonable expenses incurred during the review to be borne by the corporation.

(6)  Within thirty days after filing the plan of conversion and application for

an amended certificate of authority, the corporation shall:

(a)  Publish notice, in a form and in newspapers to be approved by the

commissioner, of the proposed plan of conversion once a week for three consecutive weeks in at least one daily newspaper of general circulation in the counties in which the corporation does business;

(b)  Cause notice, in a form and manner to be approved by the commissioner,

of the proposed plan of conversion to be delivered by regular mail to all current subscribers; and

(c)  Submit to the commissioner proof of publication of the notice required by

paragraph (a) of this subsection (6) and properly executed amendments to the corporation's articles of incorporation, bylaws, and other organizational documents to effectuate the conversion authorized by this section.

(7)  The commissioner shall hold a hearing pursuant to article 4 of title 24,

C.R.S., before making a final decision to approve or disapprove the plan of conversion within sixty days after completion of publication of notice of the hearing thereon. The commissioner shall issue an order approving or disapproving the plan or approving an amended plan within sixty days after completion of the hearing.

(8)  Upon mutual agreement of the corporation and the commissioner, the

commissioner may enter an order extending any time limits within this section.

(9)  The commissioner shall approve the plan of conversion if the

commissioner finds that:

(a)  The plan meets the requirements of subsection (4) of this section;


(b)  The plan is fair and reasonable and not contrary to law or to the interests

of subscribers, contract holders, or the public; and

(c)  Upon conversion, the corporation will meet the standards and conditions

applicable to stock insurance companies, including minimum surplus required of such companies.

(10)  The conversion shall become effective as specified in the plan of

conversion and when the revised articles of incorporation have been adopted.

(11)  The corporate existence of the corporation shall not terminate upon

conversion as provided for in this section, but the converted stock company shall be deemed to be a continuation of the corporation and to have been organized on the date the corporation was originally organized. Conversion under this section will not cause a dissolution of the corporation.

(12)  Except as specifically provided for in this section, upon completion of its

conversion to a stock insurance company as provided in this section, the corporation shall no longer be subject to this article and shall be subject to and comply with all laws and regulations applicable to a stock insurance company as provided in article 3 of this title, including all other requirements of a stock insurer as contained in this title.

(13)  In the year of conversion, the corporation shall be obligated to pay the

subscriber fee provided in section 10-16-110 (1)(c) for the portion of the year before the effective date of the conversion and premium taxes as a stock insurer pursuant to section 10-3-209 for premiums collected or contracted for the portion of the year from and including the effective date of the conversion.

(14)  The converted stock insurance company shall be a member insurer

under the Life and Health Insurance Protection Association Act as provided by article 20 of this title. All subscribers of the corporation existing on the date of conversion will be afforded coverage and protection in accordance with the terms and conditions of the said act. The converted stock insurance company will be subject to assessments as provided in article 20 of this title, and its share of any class B assessment made under section 10-20-109 (3)(b) shall be calculated, as applicable, based upon any Colorado premium or subscriber fees received by it during the calendar years immediately preceding its conversion to a stock insurance company; except that nothing in this subsection (14) shall require the converted stock insurance company to be assessed for insolvencies relating to member insurers who became insolvent insurers prior to the effective date of the conversion.

(15)  Any final action by the commissioner pursuant to subsection (7) of this

section shall be subject to judicial review by the court of appeals pursuant to section 24-4-106 (11), C.R.S., at the initiation of the corporation seeking conversion to a newly created stock insurance company, or any person that was a party to the agency proceeding and was adversely affected or aggrieved by the final agency decision. The remedies set forth in this subsection (15) are exclusive remedies for any person aggrieved by a final action of the commissioner under this section.

Source: L. 96: Entire section added, p. 1861, � 1, effective June 6. L. 99:

(4)(e)(I)(H) repealed, p. 1005, � 1, effective May 29. L. 2013: (4)(e)(I)(F) amended, (HB 13-1266), ch. 217, p. 988, � 50, effective May 13.

C.R.S. § 10-16-705

10-16-705. Requirements for carriers and participating providers - definitions - rules. (1) In addition to any other applicable requirements of this part 7, a carrier offering a managed care plan shall satisfy all the requirements of this section.

(2)  A carrier shall maintain a mechanism by which providers can access

information on the covered health services for which the provider is responsible, including any limitations or conditions on services.

(3)  Every contract between a carrier and a participating provider shall set

forth a hold harmless provision specifying that covered persons shall, in no circumstances, be liable for money owed to participating providers by the plan and that in no event shall a participating provider collect or attempt to collect from a covered person any money owed to the provider by the carrier. Nothing in this section shall prohibit a participating provider from collecting coinsurance, deductibles, or copayments as specifically provided in the covered person's contract with the managed care plan.

(4) (a)  Every contract between a carrier and a participating provider shall

include provisions for continuity of care as specified in this subsection (4).

(b)  Each carrier that issues a managed care plan shall allow covered persons

to continue receiving care for up to ninety days after the date a carrier has provided notice to an individual enrolled in such plan pursuant to subsection (4)(d)(II)(A) of this section that the contract is terminated. The carrier shall provide the requisite coverage or continuing care to the covered person at the covered person's in-network benefit level cost-sharing amount during the period beginning on the date on which the notice of termination is given pursuant to subsection (4)(d)(II)(A) of this section and ending on the earlier of the ninety-day period beginning on such date or the date on which the covered person is no longer a continuing care patient with the provider or health-care facility.

(c)  In the circumstance that coverage is terminated for any reason other than

nonpayment of the premium, fraud, or abuse, every managed care plan shall provide for continued care for covered persons being treated at an in-patient facility until the patient is discharged.

(d) (I)  A carrier shall comply with the requirements of subsection (4)(d)(II) of

this section if a participating provider, whether an individual provider or a facility, is treating a continuing care patient who is a covered person under the plan and if:

(A)  The contract between the carrier and the participating provider is

terminated due to the expiration or nonrenewal of the contract;

(B)  The benefits provided under the managed care plan or the health

insurance coverage, with respect to the provider or facility, are terminated due to the expiration or nonrenewal of the contract between the carrier and the provider or facility because of a change in the terms of the participation in the plan or coverage; or

(C)  A contract between the group health plan and the carrier offering

coverage in connection with the group health plan is terminated due to the expiration or nonrenewal of the contract, resulting in the loss of benefits under the plan with respect to the participating provider that is providing treatment or services to the covered person in compliance with the federal No Surprises Act.

(II)  A carrier subject to this subsection (4)(d) shall:


(A)  Notify each covered person who is receiving care from a provider or

facility with whom a contract is terminated as described in subsection (4)(d)(I) of this section, at the time of the termination of the contract, that the patient has the right to elect continued transitional care from the treating provider or facility if the termination of the contract affects the status of the provider or facility as a participating provider;

(B)  Provide the covered person with an opportunity to notify the managed

care plan or carrier of the need for transitional care; and

(C)  Permit the covered person to elect to continue to have benefits provided

under the covered person's current plan or coverage under the same terms and conditions as would have applied and with respect to the same items and services as would have been covered had a termination described in subsection (4)(d)(I) of this section not occurred, with respect to the course of treatment furnished by the provider or facility relating to the covered person's status as a continuing care patient during the period beginning on the date on which the notice under subsection (4)(d)(II)(A) of this section is provided and ending on the ninety-first day after that date or the date on which the covered person is no longer a continuing care patient with respect to the provider or facility, whichever is earlier.

(III)  As used in this subsection (4)(d):


(A)  Continuing care patient means a covered person who, with respect to a

provider or facility whose contract with the covered person's carrier is terminated: Is undergoing a course of treatment for a serious and complex medical condition, which course of treatment is provided by the provider or facility; is undergoing a course of inpatient care provided by the provider or facility; is pregnant and undergoing a course of treatment for the pregnancy provided by the provider or facility; is terminally ill as determined under section 1861 (dd)(3)(A) of the federal Social Security Act, as amended, and is receiving treatment for the illness from the provider or facility; or is scheduled to undergo nonelective surgery from the provider or facility, including the receipt of postoperative care from the provider or facility with respect to the surgery.

(B)  Serious and complex medical condition means, in the case of acute

illness, a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm or, in the case of a chronic illness or condition, a condition that is life-threatening, degenerative, potentially disabling, or congenital and requires specialized medical care over a prolonged period of time.

(C)  Terminated, with respect to a contract, means the expiration or

nonrenewal of the contract; except that terminated does not include a contract terminated for failure to meet applicable quality standards or for fraud.

(4.5) (a)  As used in this subsection (4.5):


(I)  Facility means a health-care facility licensed or certified pursuant to

section 25-1.5-103.

(II)  Medicaid means a medical assistance program established pursuant to

the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5.

(III)  Serious and complex medical condition has the same meaning as set

forth in subsection (4)(d)(III)(B) of this section.

(IV)  Transferring enrollee means an individual who:


(A)  Was enrolled in medicaid or the children's basic health plan but is no

longer eligible for benefits through the program in which the individual was enrolled; or

(B)  Was covered under a health benefit plan whose coverage has not been

renewed because the carrier is no longer offering any health benefit plans that the individual is eligible for and is therefore enrolled in a new health benefit plan and who: Is undergoing a course of treatment for a serious and complex medical condition that is treated by the provider or facility; is undergoing a course of inpatient care provided by the provider or facility; is pregnant and undergoing a course of treatment for the pregnancy provided by the provider or facility; is terminally ill as determined under section 1861 (dd)(3)(A) of the federal Social Security Act, 42 U.S.C. sec. 1395x, as amended, and is receiving treatment for the illness from the provider or facility; or is scheduled to undergo nonelective surgery from the provider or facility, including the receipt of postoperative care from the provider or facility with respect to the surgery.

(b)  A carrier shall allow a transferring enrollee to continue to receive

treatment as an in-network benefit from an out-of-network provider or facility as follows:

(I)  A transferring enrollee being treated by an out-of-network provider or

facility may continue to receive treatment from that provider or facility until the current episode of treatment ends or until ninety days after the enrollee is covered by a new health benefit plan, whichever occurs first.

(II)  A transferring enrollee who is pregnant and being treated by an out-of-network provider or facility may continue to receive treatment through the

completion of postpartum care, beginning on the date of the enrollee's first day as a covered person under a new health benefit plan.

(c) (I)  During the time periods covered under subsection (4.5)(b) of this

section:

(A)  A carrier shall reimburse the out-of-network provider or facility at the

carrier's standard in-network reimbursement rate; and

(B)  The carrier may require the out-of-network provider or facility to adhere

to the carrier's terms and conditions, quality of care standards and protocols, referral process, and reporting standards that apply to comparable in-network providers or facilities in order for the out-of-network provider or facility to be eligible for reimbursement under subsection (4.5)(c)(I)(A) of this section.

(II)  If an out-of-network provider or facility has been reimbursed pursuant to

subsection (4.5)(c)(I)(A) of this section, the transferring enrollee shall not be balance billed.

(d)  This subsection (4.5) does not require a provider or facility to continue to

provide care for a transferring enrollee after the applicable time period in subsection (4)(b) of this section.

(e)  A carrier subject to this subsection (4.5) shall:


(I)  Notify the transferring enrollee, in plain language, at the time of

enrollment that the enrollee has the right to elect continued transitional care from an out-of-network provider or facility if the enrollee is a transferring enrollee; and

(II)  At the request of the transferring enrollee or the enrollee's provider,

grant the transferring enrollee an opportunity to notify the carrier of the need for continued transitional care within one month after the transferring enrollee's effective date of coverage.

(f) (I)  At the request of the transferring enrollee or provider, a new carrier

shall accept a preauthorization for treatment from the previous carrier for coverage by the new carrier or from the department of health care policy and financing for:

(A)  The procedures, treatment, medications, or services that are covered

benefits under the new health benefit plan; and

(B)  A period of ninety days or for the course of treatment, whichever is less,

or until the completion of postpartum care.

(II)  Subject to state and federal laws relating to the confidentiality of

medical records, at the request and with the consent of an enrollee, a carrier shall provide a copy of the enrollee's preauthorization for treatment to the enrollee's new carrier within ten days after receipt of the request.

(III)  After the applicable time period under subsection (4.5)(b) of this section

has lapsed, the new carrier may elect to perform its own utilization review in order to:

(A)  Reassess and make its own determination regarding the need for

continued treatment; and

(B)  Authorize any continued procedure, treatment, medication, or service

deemed to be medically necessary.

(g)  This subsection (4.5) does not require a carrier to provide benefits to an

enrollee that are not otherwise covered benefits under the health benefit plan.

(h)  The commissioner may adopt rules to implement this subsection (4.5).


(5) (a)  Except as provided for in paragraph (b) of this subsection (5),

notwithstanding any contractual provision to the contrary, a carrier that has entered into contracts with one or more contractors or subcontractors or their intermediaries to provide covered health-care services to covered persons of the carrier under any managed care plan shall, in the event of nonpayment by, or insolvency of, such contractors or subcontractors or their intermediaries, remain responsible for the payment of all participating providers that have provided covered health-care services to covered persons of the carrier pursuant to one or more contracts with such contractors or subcontractors or their intermediaries. Any contracting provider that provides covered health-care services to covered persons of the carrier under a managed care contract shall, in the event of nonpayment for such services, have legal standing to enforce the managed care contract against the carrier and receive payment for such services. In the event of the insolvency of a carrier, participating provider claims for unpaid services shall be a class 6 claim under section 10-3-541 (1)(f).

(b)  A carrier may apply to the commissioner for the use of an alternative

mechanism to ensure that all participating providers that have provided covered health-care services to covered persons of the carrier pursuant to one or more contracts with such contractors or subcontractors or their intermediaries receive payment due. If approval is granted, said carrier shall be exempt from the requirements of paragraph (a) of this subsection (5).

(6)  A carrier shall notify participating providers of the providers'

responsibilities with respect to the carrier's applicable administrative policies and programs, including but not limited to, payment terms, utilization review, quality assessment and improvement programs, credentialing, grievance procedures, data reporting requirements, confidentiality requirements, and any applicable federal or state programs.

(6.5)  A carrier that has entered into a contract with one or more

intermediaries to conduct utilization management, utilization review, provider credentialing, administration of health insurance benefits, setting or negotiation of reimbursement rates, payment to providers, network development, or disease management programs shall require the intermediary to comply with the same standards, guidelines, medical policies, and benefit terms of the carrier.

(7)  A carrier and participating provider shall provide at least sixty days

written notice to each other before terminating the contract without cause. The carrier shall make a good faith effort to provide written notice of termination within fifteen working days after receipt of or issuance of a notice of termination to all covered persons that are patients seen on a regular basis by the provider whose contract is terminating, regardless of whether the termination was for cause or without cause. Where a contract termination involves a primary care provider, all covered persons that are patients of that primary care provider shall also be notified. Within five working days after the date that the provider either gives or receives notice of termination, the provider shall supply the carrier with a list of those patients of the provider that are covered by a plan of the carrier.

(8)  The rights and responsibilities under a contract between a carrier and a

participating provider shall not be assigned or delegated by the provider without the prior written consent of the carrier, and any subcontracts shall comply with the requirements of this part 7.

(9)  A carrier's contract with participating providers shall include a provision

that participating providers do not discriminate, with respect to the provision of medically necessary covered benefits, against covered persons that are participants in a publicly financed program.

(9.5)  If the health benefit plan provides coverage for a second opinion, the

carrier and any entity that contracts with the carrier shall disclose the availability of the second opinion along with the health benefit description form.

(10)  A carrier shall notify the participating providers of their obligations, if

any, to collect applicable coinsurance, copayments, or deductibles from covered persons pursuant to the evidence of coverage or of the providers' obligations, if any, to notify covered persons of their personal financial obligations for noncovered services.

(10.5) (a)  A carrier that has entered into a contract with one or more

intermediaries to conduct utilization management, utilization review, provider credentialing, administration of health insurance benefits, setting or negotiation of reimbursement rates, payment to providers, network development, or disease management programs, shall require the intermediary to indicate the name of the intermediary and the name of the carrier for which it is conducting the work when making any payment to a health-care provider on behalf of the carrier.

(b) (I)  A violation of subsection (6.5) of this section or this subsection (10.5) is

an unfair or deceptive act or practice in the business of insurance pursuant to section 10-3-1104.

(II)  The commissioner may examine the actions of a carrier pursuant to

subsection (6.5) of this section and this subsection (10.5) when conducting a market conduct analysis pursuant to part 2 of article 1 of this title.

(11)  A carrier shall not penalize a provider because the participating provider,

in good faith, reports to state or federal authorities any act or practice by the carrier that jeopardizes patient health or welfare, or because the participating provider discusses the financial incentives or financial arrangements between the provider and the managed care plan.

(11.5)  A carrier or entity that contracts with the carrier shall not penalize a

primary care provider who makes a standing referral of a covered person to a specialist, nor shall the specialist treating the covered person be penalized, with actions that include but are not limited to disincentives or disaffiliation, except for violations of section 10-1-128.

(12) (a)  A carrier shall establish one or more mechanisms by which the

participating providers may determine, at the time services are provided, whether or not a person is covered by the carrier or is within the grace period established under section 10-16-140 (1), during which period a carrier may hold a claim for services pending receipt of full premium payment. If a carrier maintains only one mechanism, such mechanism shall not require electronic access.

(b) (I)  Each carrier, regardless of the mechanism used, shall issue a

verification code that the participating provider may use as proof of verification as required by section 10-16-704 (4.5)(f).

(II)  In lieu of the requirements of this paragraph (b), for the purposes of

verifying the carrier's communication to the provider pursuant to section 10-16-704 (4.5)(g) or (4.5)(h), a carrier may submit written confirmation to a provider within two business days.

(III)  If a carrier provides electronic access as a mechanism to verify coverage,

the carrier may, in lieu of the requirement to issue a verification code through such mechanism, accept as proof of verification a dated screen print from the carrier's electronic verification mechanism demonstrating that the member is eligible pursuant to section 10-16-704 (4.5)(g) or that the carrier is not required to pay for services pursuant to section 10-16-704 (4.5)(h).

(c)  In lieu of the requirements of paragraph (b) of this subsection (12), a

carrier may institute a policy providing that adjustments to claims related to eligibility will be made only if the carrier can demonstrate that the member did not appear as eligible on any of the carrier's verification mechanisms on the date of service.

(d)  A carrier shall notify participating providers of the mechanisms available

to verify eligibility and the carrier's intent with respect to the requirements of paragraphs (a), (b), and (c) of this subsection (12).

(13)  A carrier shall establish procedures for resolution of administrative,

payment, or other disputes between providers and the carrier.

(14)  Every contract between a carrier or entity that contracts with a carrier

and a participating provider for a managed care plan that requires preauthorization for particular services, treatments, or procedures shall include:

(a)  A provision that clearly states that the sole responsibility for obtaining

any necessary preauthorization rests with the participating provider that recommends or orders said services, treatments, or procedures, not with the covered person; and

(b)  A provision that allows a covered person to receive a standing referral for

medically necessary treatment to a specialist or specialized treatment center participating in the carrier's network or participating in a subdivision or subgrouping of the carrier's network if the subdivision or subgrouping demonstrates network adequacy pursuant to section 10-16-704. The primary care provider for the covered person, in consultation with the specialist and covered person, shall determine that the covered person needs ongoing care from the specialist in order to make the standing referral. A time period for the standing referral of up to one year, or a longer period of time if authorized by the carrier or any entity that contracts with the carrier, shall be determined by the primary care provider in consultation with the specialist or specialized treatment center. The specialist or specialized treatment center shall refer the covered person back to the primary care provider for primary care. To be reimbursed by the carrier or entity contracting with a carrier, treatment provided by the specialist shall be for a covered person and must comply with provisions contained in the covered person's certificate or policy. The primary care physician shall record the reason, diagnosis, or treatment plan necessitating the standing referral.

(15)  A contract between a carrier and a participating provider shall not

contain definitions or other provisions that conflict with the definitions or provisions contained in the managed care plan or this part 7.

(16)  A provider who is not licensed to furnish health-care services in this

state and who participates in a network shall be licensed in the state in which the provider practices and shall meet minimum statutory and regulatory standards for that professional practice applicable in this state.

Source: L. 97: Entire part added, p. 1328, � 2, effective July 1. L. 99: (9.5) and

(11.5) added and (14) amended, p. 318, � 2, effective July 1. L. 2002: (12) amended, p. 886, � 2, effective January 1, 2003; (16) added, p. 1299, � 14, effective January 1, 2003. L. 2003: (11.5) and (12)(b)(I) amended, p. 618, � 21, effective July 1. L. 2009: (6.5) and (10.5) added, (HB 09-1061), ch. 197, p. 885, � 1, effective August 5. L. 2013: (12)(a) and (14)(b) amended, (HB 13-1266), ch. 217, p. 989, � 51, effective May 13. L. 2022: (4)(b) amended and (4)(d) added, (HB 22-1284), ch. 446, p. 3142, � 3, effective August 10. L. 2024: (4.5) added, (SB 24-093), ch. 41, p. 146, � 1, effective January 1, 2025.

Cross references: (1)  For the federal No Surprises Act, see Pub.L. 116-260.


(2)  For the legislative declaration contained in the 1999 act adding

subsections (9.5) and (11.5) and amending subsection (14), see section 1 of chapter 111, Session Laws of Colorado 1999.

C.R.S. § 10-2-301

10-2-301. Continuing education requirement - rules. (1) Producers not exempt from the requirements of this section shall satisfactorily complete up to twenty-four hours of instruction by attending courses or programs of instruction approved by the commissioner. At least three of the twenty-four hours of continuing education must be for courses in ethics. For producers authorized to sell property or personal insurance lines of business, at least three of the twenty-four hours of continuing education must be for courses in homeowner's insurance coverage. The commissioner may adopt rules concerning testing requirements as a part of the certified continuing education. The producer shall complete the required hours of instruction within twenty-four months after the date the producer's license renews, beginning with renewal dates on or after January 1, 1993. A producer may accumulate no more than twelve carry-over credit hours during the one hundred twenty days before the licensing continuation date. Carry-over credits apply to the next continuing education period. If a producer has more than one license to sell insurance in this state, the producer shall complete the required hours of instruction within twenty-four months after the date of renewal of the first license. For good cause shown, the commissioner may grant an extension of time, not exceeding one additional year, within which to comply with this section. An instructor of an approved course of instruction qualifies for the same number of hours of continuing education as a person attending and successfully completing the course or program, but an instructor shall not receive credit more than once for a course or program given more than once during the twenty-four-month period described in this subsection (1).

(2)  Any producer who is subject to the requirements of this section shall

furnish in a form satisfactory to the commissioner written proof of compliance with the requirements of this section. The requirements of this section are mandatory for any person specified in subsection (3)(a) of this section, and if any such person holds more than one license which is described in subsection (3) of this section, such person shall be required to complete the hours of instruction required under this section only once. For purposes of this section, the term person shall include any holder of a license to sell insurance under the laws of this state.

(3) (a)  The requirements of this section shall apply to any resident person

licensed to solicit and sell the following types of insurance in this state:

(I)  Life insurance and annuity contracts, including variable life and annuity

contracts;

(II)  Sickness, accident and health insurance;


(III)  Property and casualty insurance; and


(IV)  Any other type of insurance for which the state requires an examination

for licensure.

(b)  This section shall not apply to any person holding a limited or restricted

license if such license is in good standing with the division and no complaints have been filed against the licensee.

(3.5) (a)  An individual who holds a public adjuster license and who is not

exempt under paragraph (b) of this subsection (3.5) shall satisfactorily complete continuing education courses as required by the commissioner under this section.

(b)  Licensees holding nonresident public adjuster licenses who have met the

continuing education requirements of their home state and whose home state gives credit to residents of this state on the same basis meet the requirements of this section.

(4)  Written certification of any course of instruction completed shall be

executed by or on behalf of the sponsoring organization, in a form satisfactory to the commissioner.

(5)  Any person who fails to comply with the requirements of this section, or

is found after a hearing before the division to have submitted a false or fraudulent certificate of compliance to the commissioner, shall have his or her license suspended until such person satisfactorily demonstrates to the commissioner that all of the requirements of this section, and any other applicable licensing requirement or other statute, have been met.

(6) (a)  The commissioner shall be responsible for administering the

continuing insurance education requirements under this article and approving courses of instruction that qualify for such purposes. The commissioner shall promulgate such rules as the commissioner deems necessary to administer the continuing education requirements, including the provisions and requirements of this section. The commissioner shall also promulgate rules requiring that producers be required to provide to a continuing education administrator proof of compliance with the continuing education requirements as a condition of license renewal. For persons licensed pursuant to section 10-11-116 (1)(c), compliance with the continuing legal education credits requirements of the Colorado supreme court shall be deemed to meet the requirements of this section.

(b)  The position of continuing education administrator shall be established

by the commissioner either within the division of insurance or through a contractual arrangement with an outside service provider. All costs of such administrator shall be paid from continuing insurance education fees paid by producers in the manner provided by this section. In no event may the commissioner delegate course approval responsibilities to the continuing education administrator.

(c)  Each producer licensed under this article is responsible for paying to the

continuing education administrator a reasonable biennial fee for the operation of the continuing education programs, which fee is used to administer the provisions of this section.

(6.5) (a)  Continuing education course instruction, content, outline, and

course providers are subject to initial approval by the commissioner and, at the discretion of the commissioner, are subject to periodic review for continuation.

(b)  If, upon review, the commissioner determines that a continuing education

course or program is not in compliance with all applicable standards, as set forth by rule, the commissioner may order the course or program to be discontinued or revoke approval of the course provider, or both.

(7)  Repealed.


Source: L. 93: Entire article R&RE, p. 1352, � 1, effective January 1, 1995. L.

94: (3)(b), (5), and (6)(b) amended, p. 1628, � 22, effective January 1, 1995. L. 95: (6.5) added, p. 89, � 1, effective March 30; (6)(a) and (6)(c) amended, p. 288, � 13, effective July 1. L. 99: (7) repealed, p. 104, � 1, effective March 24. L. 2001: (3) amended, p. 1195, � 7, effective January 1, 2002. L. 2004: (1) amended, p. 979, � 2, effective August 4. L. 2012: (6)(a) and (6)(c) amended, (HB 12-1266), ch. 280, p. 1494, � 8, effective July 1. L. 2013: (1) amended, (HB 13-1225), ch. 183, p. 676, � 4, effective January 1, 2014; (3.5) added, (HB 13-1062), ch. 61, p. 202, � 3, effective January 1, 2014.

Editor's note: This section is similar to former � 10-2-207.5 as it existed prior

to 1993.

Cross references: In 2013, subsection (1) was amended by the Homeowner's

Insurance Reform Act of 2013. For the short title, see section 1 of chapter 183, Session Laws of Colorado 2013.

PART 4

LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS

Cross references: For current provisions of the Managing General Agents

Act previously located in this part 4, see part 10 of this article 2.

C.R.S. § 10-2-705

10-2-705. Bail bond documents - requirements - rules. (1) The insurance producer who posts a bail bond with the court on behalf of a defendant shall ensure that the following documents comply with the following provisions:

(a)  An indemnity agreement must:


(I)  Be in writing;


(II)  Be signed by the producer;


(III)  Be signed by the defendant or indemnitor;


(IV)  Set forth the amount of bail set in the case, the name of the defendant

released on the bail bond, the court case number if available, the court where the bond is executed, the premium charged, the amount and type of collateral held by the insurance producer, and the conditions under which the collateral is returned;

(V)  Contain documentation that the indemnitor has received copies of signed

and dated disclosure forms; and

(VI)  If the defendant or indemnitor is illiterate or does not read English,

contain a note on the indemnity agreement that the producer or a third party has read or translated the agreement to the defendant or indemnitor and be affixed with an affidavit to the indemnity agreement attesting that the document was translated;

(b)  A promissory note must be:


(I)  In writing;


(II)  Signed by the producer; and


(III)  Signed by the defendant or indemnitor;


(c)  A collateral receipt must:


(I)  Be dated;


(II)  Be in writing;


(III)  Be signed by the producer;


(IV)  Be signed by the defendant or indemnitor;


(V)  Be prenumbered;


(VI)  Contain a full description of the collateral, including the condition of the

collateral at the time it is taken into custody; and

(VII)  Set forth the amount of bail set in the case, the name of the defendant

released on the bail bond, the court case number, the court where the bond is executed, the premium charged, the amount and type of collateral held by the insurance producer, and the conditions under which the collateral is returned;

(d)  A bail bond revocation request must be:


(I)  Dated;


(II)  In writing;


(III)  Signed by the producer; and


(IV)  Signed by the defendant or indemnitor.


(2) (a)  Before accepting consideration, the insurance producer who writes

bail bonds shall commit to writing, sign, date, and obtain the defendant's or indemnitor's signature on an arrangement for the payment of all or part of the premium, commission, or fee, including the payment schedule. The signature of the insurance producer who writes bail bonds is not an obligation to pay any debt owed to a lender. To be enforceable, interest and financial charges on any unpaid premium must comply with the Uniform Consumer Credit Code, articles 1 to 9 of title 5, C.R.S.

(b)  Before accepting consideration or taking collateral, the insurance

producer who writes bail bonds shall provide, in a form prescribed by the commissioner, a disclosure statement to each defendant and indemnitor detailing the terms of the bail bond.

(3) (a)  An insurance producer who posts a bail bond with the court and who

accepts consideration for a bail bond or undertaking shall, for each payment received, provide to the person tendering payment a prenumbered, signed receipt containing the following:

(I)  The date;


(II)  The defendant's name;


(III)  A description of the consideration and amount of money received;


(IV)  The purpose for which it was received;


(V)  The number of any power-of-attorney form attached to the bail bond;


(VI)  The penal sum of the bail bond;


(VII)  The name of the person tendering payment; and


(VIII)  The terms under which the money or other consideration is released.


(b)  The insurance producer who posts a bail bond with the court shall provide

the person tendering payment a signed and dated receipt for each premium payment listing the amount paid.

(3.5) (a)  If the bond is to be secured by real estate, the bail bonding agent

shall provide the property owner with a written disclosure statement in the following form at the time an initial application is filed:

Disclosure of lien against real property

Do not sign this document until you read and understand it This bail bond will be secured by real property you own or in which you have an interest. Failure to pay the bail bond premiums when due or the defendant's failure to comply with the conditions of bail could result in the loss of your property

(b)  The disclosure required in paragraph (a) of this subsection (3.5) shall be

printed in fourteen-point, bold-faced type either:

(I)  On a separate and specific document attached to or accompanying the

application; or

(II)  In a clear and conspicuous statement on the face of the application.


(c)  Before a property owner executes any instrument creating a lien against

real property, the bail bonding agent shall provide the property owner with a completed copy of the instrument creating the lien against real property and the disclosure statement described in paragraph (a) of this subsection (3.5). If a bail bonding agent fails to comply fully with the requirements of paragraphs (a) and (b) of this subsection (3.5) and this paragraph (c), any instrument creating a lien against real property shall be voidable.

(d)  The bonding agent shall deliver to the property owner a fully executed

and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property that secures performance of the conditions of a bail bond within thirty-five days after receiving notice that the time for appealing an order that exonerated the bail bond has expired. The bonding agent shall also deliver to the property owner the original canceled note as evidence that the indebtedness secured by any lien instrument has been paid or that the purposes of said instrument have been fully satisfied and the original deed of trust, security agreement, or other instrument that secured the bail bond obligation. If a timely notice of appeal is filed, the thirty-five-day period shall begin on the day the appellate court's affirmation of the order becomes final. If the bonding agent fails to comply with the requirements of this paragraph (d), the property owner may petition the district court to issue an order directing the clerk of such court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. The petition shall be verified and shall allege facts showing that the bonding agent has failed to comply with the provisions of this paragraph (d).

(e)  Any bail bonding agent who violates this subsection (3.5) is liable to the

property owner for all damages that may be sustained by reason of the violation, plus statutory damages in the sum of three hundred dollars. The property owner shall be entitled to recover court costs and reasonable attorney fees, as determined by the court, upon prevailing in any action brought to enforce the provisions of this subsection (3.5).

(4)  The insurance producer shall prepare or execute separate agreements

and documents for each time the producer posts a bail bond with the court. The producer shall give the indemnitor a copy of each document executed in the course of the bail bond transaction.

(5)  For three years after the date of discharge of a bail bond and return of

any collateral or proof of notice to the defendant or indemnitor that any promissory note has been satisfied, the insurance producer who posts the bail bond with the court shall keep at the producer's business copies of each receipt, indemnity agreement, bond, disclosure statement, payment plan, bond revocation request, or other document or information related to the bond transaction the commissioner reasonably requires by rule and shall make these documents available for inspection by the commissioner or the commissioner's authorized representative during normal business hours.

(6)  The indemnitor may be the defendant.


(7)  The commissioner may examine the business practices, books, and

records of any insurance producer as often as the commissioner deems appropriate.

Source: L. 2012: Entire section added, (HB 12-1266), ch. 280, p. 1498, � 16,

effective July 1. L. 2013: (3.5) added, (HB 13-1236), ch. 202, p. 840, � 6, effective May 11.

C.R.S. § 10-2-905

10-2-905. Books and records - reinsurance intermediary-producers. (1) For at least ten years after expiration of each contract of reinsurance transacted by the RP, the RP shall keep a complete record for each transaction showing:

(a)  The type of contract, limits, underwriting restrictions, classes, or risks

and territory;

(b)  The period of coverage, including effective and expiration dates,

cancellation provisions, and notice required of cancellation;

(c)  The reporting and settlement requirements of balances;


(d)  The rate used to compute the reinsurance premium;


(e)  The names and addresses of assuming reinsurers;


(f)  The rates of all reinsurance commissions, including the commissions on

any retrocessions handled by the RP;

(g)  Related correspondence and memoranda;


(h)  Proof of placement;


(i)  Details regarding retrocessions handled by the RP including the identity

of retrocessionaires and the percentage of each contract assumed or ceded;

(j)  Financial records, including but not limited to premium and loss accounts;

and

(k)  When the RP procures a reinsurance contract on behalf of a licensed

ceding insurer:

(I)  Directly from any assuming reinsurer, written evidence that the assuming

reinsurer has agreed to assume the risk; or

(II)  If placed through a representative of the assuming reinsurer, other than

an employee, written evidence that such reinsurer has delegated binding authority to the representative.

(2)  The insurer shall have access and the right to copy and audit all accounts

and records maintained by the RP related to its business in a form usable by the insurer.

Source: L. 93: Entire article R&RE, p. 1377, � 1, effective January 1, 1995.


Editor's note: This section is similar to former � 10-2-305 as it existed prior to

1993.

C.R.S. § 10-2-907

10-2-907. Required contract provisions - reinsurance intermediary-managers. (1) Transactions between an RM and the reinsurer such RM represents shall only be entered into pursuant to a written contract specifying the responsibilities of each party, which shall be approved by the reinsurer's board of directors. At least thirty days before such reinsurer assumes or cedes business through such producer, a true copy of the approved contract shall be filed with the commissioner for approval. The contract shall, at a minimum, contain provisions that incorporate all of the following:

(a)  The reinsurer may terminate the contract for cause upon written notice to

the RM. The reinsurer may suspend the authority of the RM to assume or cede business during the pendency of any dispute regarding the cause for termination.

(b)  The RM shall render accounts to the reinsurer accurately detailing all

material transactions, including information necessary to support all commissions, charges, and other fees received by, or owing to, the RM, and remit all funds due under the contract to the reinsurer on not less than a monthly basis;

(c)  All funds collected for the reinsurer's account shall be held by the RM in

a fiduciary capacity in a bank that is a qualified United States financial institution as defined in section 10-1-102 (17). The RM may retain no more than three months' estimated claims payments and allocated loss adjustment expenses. The RM shall maintain a separate bank account for each reinsurer that such RM represents.

(d)  For at least ten years after expiration of each contract of reinsurance

transacted by the RM, the RM shall keep a complete record for each transaction showing:

(I)  The type of contract, limits, underwriting restrictions, classes, or risks and

territory;

(II)  The period of coverage, including effective and expiration dates,

cancellation provisions, notice required for cancellation, and disposition of outstanding reserves on covered risks;

(III)  The reporting and settlement requirements of balances;


(IV)  The rate used to compute the reinsurance premium;


(V)  The names and addresses of reinsurers;


(VI)  The rates of all reinsurance commissions, including the commissions on

any retrocessions handled by the RM;

(VII)  Related correspondence and memoranda;


(VIII)  Proof of placement;


(IX)  Details regarding retrocessions handled by the RM, as permitted by

section 10-2-909 (4), including the identity of retrocessionaires and percentage of each contract assumed or ceded;

(X)  Financial records, including but not limited to premium and loss

accounts; and

(XI)  When the RM places a reinsurance contract on behalf of a ceding

insurer:

(A)  Directly from any assuming reinsurer, written evidence that the assuming

reinsurer has agreed to assume the risk; or

(B)  If placed through a representative of the assuming reinsurer, other than

an employee, written evidence that such reinsurer has delegated binding authority to the representative;

(e)  The reinsurer shall have access and the right to copy all accounts and

records maintained by the RM related to such RM's business in a form usable by the reinsurer;

(f)  The contract cannot be assigned in whole or in part by the RM;


(g)  The RM shall comply with the written underwriting and rating standards

established by the insurer for the acceptance, rejection, or cession of all risks;

(h)  The contract sets forth the rates, terms, and purposes of commissions,

charges, and other fees which the RM may levy against the reinsurer;

(i) (I)  If the contract permits the RM to settle claims on behalf of the

reinsurer, all claims shall be reported to the reinsurer in a timely manner.

(II)  A copy of the claim file shall be sent to the reinsurer at its request or as

soon as it becomes known that the claim:

(A)  Has the potential to exceed the lesser of an amount determined by the

commissioner or the limit set by the reinsurer;

(B)  Involves a coverage dispute;


(C)  May exceed the RM claims settlement authority;


(D)  Is open for more than six months; or


(E)  Is closed by payment of the lesser of an amount set by the commissioner

or an amount set by the reinsurer;

(III)  All claim files shall be the joint property of the reinsurer and RM;

however, upon an order of liquidation of the reinsurer, such files shall become the sole property of the reinsurer or its estate; the RM shall have reasonable access to and the right to copy the files on a timely basis;

(IV)  Any settlement authority granted to the RM may be terminated for

cause upon the reinsurer's written notice to the RM or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination.

(j)  If the contract provides for a sharing of interim profits by the RM, that

such interim profits will not be paid until one year after the end of each underwriting period for property business and five years after the end of each underwriting period for casualty business or a later period set by the commissioner for specified lines of insurance and not until the adequacy of reserves on remaining claims has been verified pursuant to section 10-2-909 (3);

(k)  The RM shall annually provide the reinsurer with a statement of its

financial condition prepared by an independent certified accountant;

(l)  The reinsurer shall periodically and at least semiannually conduct an on-site review of the underwriting and claims processing operations of the RM;


(m)  The RM shall disclose to the reinsurer any relationship such RM has with

any insurer prior to ceding or assuming any business with such insurer pursuant to the contract;

(n)  The acts of the RM shall be deemed to be the acts of the reinsurer on

whose behalf it is acting.

Source: L. 93: Entire article R&RE, p. 1378, � 1, effective January 1, 1995. L.

2003: (1)(c) amended, p. 615, � 7, effective July 1.

Editor's note: This section is similar to former � 10-2-307 as it existed prior to

1993.

C.R.S. § 10-23-108

10-23-108. Bail bond documents - requirements - rules. (1) The professional cash-bail agent or cash-bonding agent who posts a bail bond with the court on behalf of a defendant shall ensure that the following documents comply with the following provisions:

(a)  An indemnity agreement must:


(I)  Be in writing;


(II)  Be signed by the professional cash-bail agent or cash-bonding agent;


(III)  Be signed by the defendant or indemnitor;


(IV)  Set forth the amount of bail set in the case, the name of the defendant

released on the bail bond, the court case number if available, the court where the bond is executed, the premium charged, the amount and type of collateral held by the professional cash-bail agent or cash-bonding agent, and the conditions under which the collateral is returned;

(V)  Contain documentation that the indemnitor has received copies of signed

and dated disclosure forms; and

(VI)  If the defendant or indemnitor is illiterate or does not read English,

contain a note on the indemnity agreement that the agent or a third party has read or translated the agreement to the defendant or indemnitor and be affixed with an affidavit to the indemnity agreement attesting that the document was translated;

(b)  A promissory note must be:


(I)  In writing;


(II)  Signed by the professional cash-bail agent or cash-bonding agent; and


(III)  Signed by the defendant or indemnitor;


(c)  A collateral receipt must:


(I)  Be dated;


(II)  Be in writing;


(III)  Be signed by the professional cash-bail agent or cash-bonding agent;


(IV)  Be signed by the defendant or indemnitor;


(V)  Be prenumbered;


(VI)  Contain a full description of the collateral, including the condition of the

collateral at the time it is taken into custody; and

(VII)  Set forth the amount of bail set in the case, the name of the defendant

released on the bail bond, the court case number, the court where the bond is executed, the premium charged, the amount and type of collateral held by the agent, and the conditions under which the collateral is returned;

(d)  A bail bond revocation request must be:


(I)  Dated;


(II)  In writing;


(III)  Signed by the professional cash-bail agent or cash-bonding agent; and


(IV)  Signed by the defendant or indemnitor.


(2) (a)  Before accepting consideration, the professional cash-bail agent or

cash-bonding agent shall commit to writing, sign, date, and obtain the defendant's or indemnitor's signature on an arrangement for the payment of all or part of the premium, commission, or fee, including the payment schedule. The signature of the professional cash-bail agent or cash-bonding agent is not an obligation to pay any debt owed to a lender. To be enforceable, interest and financial charges on any unpaid premium must comply with the Uniform Consumer Credit Code, articles 1 to 9 of title 5, C.R.S.

(b)  Before accepting consideration or taking collateral, the professional

cash-bail agent or cash-bonding agent shall provide, in a form prescribed by the commissioner, a disclosure statement to each defendant and indemnitor detailing the terms of the bail bond.

(3) (a)  A professional cash-bail agent or cash-bonding agent who accepts

consideration for a bail bond or undertaking shall, for each payment received, provide to the person tendering payment a prenumbered, signed receipt containing the following:

(I)  The date;


(II)  The defendant's name;


(III)  A description of the consideration and amount of money received;


(IV)  The purpose for which it was received;


(V)  The penal sum of the bail bond;


(VI)  The name of the person tendering payment; and


(VII)  The terms under which the money or other consideration is released.


(b)  The professional cash-bail agent or cash-bonding agent shall provide the

person tendering payment a signed and dated receipt for each premium payment listing the amount paid.

(3.5) (a)  If the bond is to be secured by real estate, the bail bonding agent

shall provide the property owner with a written disclosure statement in the following form at the time an initial application is filed:

Disclosure of lien against real property

Do not sign this document until you read and understand it This bail bond will be secured by real property you own or in which you have an interest. Failure to pay the bail bond premiums when due or the defendant's failure to comply with the conditions of bail could result in the loss of your property

(b)  The disclosure required in paragraph (a) of this subsection (3.5) shall be

printed in fourteen-point, bold-faced type either:

(I)  On a separate and specific document attached to or accompanying the

application; or

(II)  In a clear and conspicuous statement on the face of the application.


(c)  Before a property owner executes any instrument creating a lien against

real property, the bail bonding agent shall provide the property owner with a completed copy of the instrument creating the lien against real property and the disclosure statement described in paragraph (a) of this subsection (3.5). If a bail bonding agent fails to comply fully with the requirements of paragraphs (a) and (b) of this subsection (3.5) and this paragraph (c), any instrument creating a lien against real property shall be voidable.

(d) (I)  The bonding agent shall deliver to the property owner a fully executed

and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property that secures performance of the conditions of a bail bond within thirty-five days after receiving notice that the time for appealing an order that exonerated the bail bond has expired. The bonding agent shall also deliver to the property owner the original canceled note, as evidence that the indebtedness secured by any lien instrument has been paid or that the purposes of the instrument have been fully satisfied, and the original deed of trust, security agreement, or other instrument that secured the bail bond obligation. If a timely notice of appeal is filed, the thirty-five-day period begins on the day the appellate court's affirmation of the order becomes final.

(II)  If the bonding agent fails to comply with the requirements of this

subsection (3.5)(d), the property owner may petition the district court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. To be accepted by the court, the petition must be verified and allege facts showing that the bonding agent has failed to comply with the provisions of this subsection (3.5)(d).

(III) (A)  If a bonding agent fails to comply with this subsection (3.5)(d), the

property owner may file a complaint with the commissioner requesting that the commissioner petition a district court to file for record a full release of any lien against real property securing performance of the conditions of the bail bond.

(B)  To be accepted by the commissioner, the complaint must be verified and

allege facts showing that the bonding agent has failed to comply with this subsection (3.5)(d). The complaint must include a copy of the lien the property owner is requesting be released.

(C)  Upon receipt of a verified complaint meeting the requirements of

subsection (3.5)(d)(III)(B) of this section, the commissioner shall mail a copy of the complaint to the bonding agent at the bonding agent's last-known address.

(D)  If the time for appealing an order that exonerated the bail bond has

expired at least three years before the complaint is filed, and if the commissioner does not receive a reply from the bonding agent contesting the release of the lien within thirty-five days after mailing the complaint required in subsection (3.5)(d)(III)(C) of this section, the commissioner may petition the district court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. Upon the court issuing an order executing a full reconveyance of title, issuing a certificate of discharge, or releasing the lien, the commissioner shall send a copy of the lien release documents to the bonding agent.

(E)  If the commissioner receives, within thirty-five days after mailing the

complaint to the bonding agent, a reply from the bonding agent contesting the factual basis of the property owner's complaint, the commissioner shall inform the property owner that the property owner must petition the district court to release the lien.

(e)  Any bail bonding agent who violates this subsection (3.5) shall be liable

to the property owner for all damages that may be sustained by reason of the violation, plus statutory damages in the sum of three hundred dollars. The property owner shall be entitled to recover court costs and reasonable attorney fees, as determined by the court, upon prevailing in any action brought to enforce the provisions of this subsection (3.5).

(4)  The professional cash-bail agent or cash-bonding agent shall prepare or

execute separate agreements and documents for each time the agent posts a bail bond with the court. The agent shall give the indemnitor a copy of each document executed in the course of the bail bond transaction.

(5)  For three years after the date of discharge of a bail bond and return of

any collateral or proof of notice to the defendant or indemnitor that any promissory note has been satisfied, the professional cash-bail agent or cash-bonding agent shall keep at the agent's business, copies of each receipt, indemnity agreement, bond, disclosure statement, payment plan, bond revocation request, or other document or information related to the bond transaction and shall make these documents available for inspection by the commissioner or the commissioner's authorized representative during normal business hours.

(6)  The indemnitor may be the defendant.


(7)  The commissioner may examine the business practices, books, and

records of any professional cash-bail agent or cash-bonding agent as often as the commissioner deems appropriate.

Source: L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280,

p. 1522, � 41, effective July 1. L. 2013: (3.5) added, (HB 13-1236), ch. 202, p. 842, � 9, effective May 11. L. 2017: (3.5)(d) amended, (SB 17-236), ch. 312, p. 1678, � 3, effective August 9.

C.R.S. § 10-3-1104

10-3-1104. Unfair methods of competition - unfair or deceptive practices - rules - definitions. (1) The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance:

(a)  Misrepresentations and false advertising of insurance policies: Making,

issuing, circulating, or causing to be made, issued, or circulated, any estimate, circular, statement, sales presentation, omission, or comparison which:

(I)  Misrepresents the benefits, advantages, conditions, or terms of any

insurance policy; or

(II)  Misrepresents the dividends or share of the surplus to be received on any

insurance policy; or

(III)  Makes any false or misleading statements as to the dividends or share of

surplus previously paid on any insurance policy; or

(IV)  Is misleading or is a misrepresentation as to the financial condition of

any person, or as to the legal reserve system upon which any life insurer operates; or

(V)  Uses any name or title of any insurance policy or class of insurance

policies misrepresenting the true nature thereof; or

(VI)  Is a misrepresentation for the purpose of inducing or tending to induce

the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy; or

(VII)  Is a misrepresentation for the purpose of effecting a pledge or

assignment of or effecting a loan against any insurance policy; or

(VIII)  Misrepresents any insurance policy as being a security; or


(IX)  Misrepresentation shall not be construed where a written comparison of

policies is made factually disclosing relevant features and benefits for which the policy is issued and by which an informed decision can be made;

(b)  False information and advertising generally:


(I)  Making, publishing, disseminating, circulating, or placing before the

public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, or with respect to any person in the conduct of his or her insurance business, which is untrue, deceptive, or misleading;

(II)  Knowingly filing with the commissioner or other public official, or with

any employee or agent of the division of insurance in the department of regulatory agencies, a written, false statement of material fact as to the financial condition of an insurer;

(III)  Knowingly making any false entry of a material fact in any book, report,

or other written statement of any insurer; knowingly omitting or failing to make a true entry of a material fact pertaining to the business of the insurer in any book, report, or other written statement of the insurer; or knowingly making any written, false material statement to the commissioner or any employee or agent of the division of insurance in the department of regulatory agencies;

(c)  Defamation: Making, publishing, disseminating, or circulating, directly or

indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false, or maliciously critical, or derogatory to the financial condition of any person, and which is calculated to injure such person;

(d)  Boycott, coercion, and intimidation: Entering into any agreement to

commit, or by any concerted action committing, any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance;

(e)  Stock operations and advisory board contracts: Issuing or delivering, or

permitting agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares, in any corporation, or securities, or any special or advisory board contracts, or other contracts of any kind promising returns and profits as an inducement to insurance;

(f) (I)  Unfair discrimination: Making or permitting any unfair discrimination

between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract;

(II)  Making or permitting any unfair discrimination between individuals of the

same class or between neighborhoods within a municipality and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of insurance, or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever;

(III)  Making or permitting to be made any classification solely on the basis of

marital status or sex, unless such classification is for the purpose of insuring family units or is justified by actuarial statistics;

(IV)  Making or permitting to be made any classification solely on the basis of

blindness, partial blindness, or a specific physical disability unless such classification is based upon an unequal expectation of life or an expected risk of loss different than that of other individuals;

(V)  Repealed.


(VI)  Inquiring about or making an investigation concerning, directly or

indirectly, an applicant's, an insured's, or a beneficiary's sexual orientation in:

(A)  An application for coverage; or


(B)  Any investigation conducted in connection with an application for

coverage;

(VII)  Using information about gender, marital status, medical history,

occupation, residential living arrangements, beneficiaries, zip codes, or other territorial designations to determine sexual orientation;

(VIII)  Using sexual orientation in the underwriting process or in the

determination of insurability;

(IX)  Making adverse underwriting decisions because an applicant or an

insured has demonstrated concerns related to AIDS by seeking counseling from health-care professionals;

(X)  Making adverse underwriting decisions on the basis of the existence of

nonspecific blood code information received from the medical information bureau, but this prohibition shall not bar investigation in response to the existence of such nonspecific blood code as long as the investigation is conducted in accordance with the provisions of section 10-3-1104.5;

(XI)  Reducing benefits under a health insurance policy by the addition of an

exclusionary rider, unless such rider only excludes conditions which have been documented in the original underwriting application, original underwriting medical examination, or medical history of the insured, or which can be shown with clear and convincing evidence to have been caused by the medically documented excluded condition;

(XII)  Denying health-care coverage subject to article 16 of this title to any

individual based solely on that individual's casual or nonprofessional participation in the following activities: Motorcycling; snowmobiling; off-highway vehicle riding; skiing; or snowboarding;

(XIII)  Making or permitting any unfair discrimination between individuals of

the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy of sickness and accident insurance, in the benefits payable under such policy, in the terms or conditions of the policy, or in any other manner;

(XIV)  Making or permitting any unfair discrimination between individuals or

risks of the same class and of essentially the same hazard by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on a property and casualty risk solely because of the geographic location of the risk, unless the action is the result of the application of sound underwriting and actuarial principles related to actual or reasonably anticipated loss experience;

(XV)  Making or permitting any unfair discrimination between individuals or

risks of the same class and of essentially the same hazards by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on the residential property risk, or the personal property contained therein, solely because of the age of the residential property;

(XVI)  Terminating or modifying coverage or refusing to issue or renew any

property or casualty policy solely because the applicant or insured or any employee of either is mentally or physically impaired; except that this subparagraph (XVI) does not:

(A)  Apply to accident and health insurance sold by a casualty insurer; or


(B)  Modify any other provision of law relating to the termination,

modification, issuance, or renewal of any insurance policy or contract;

(XVII)  Refusing to insure a person solely because another insurer has

refused to write a policy, or has canceled or has refused to renew an existing policy, in which the person was the named insured. Nothing in this subparagraph (XVII) prevents an insurer from terminating an excess insurance policy based on the failure of the insured to maintain any required underlying insurance.

(g)  Rebates: Except as otherwise provided in this section and as otherwise

expressly provided by law, knowingly permitting, or offering to make, or making any contract of insurance or agreement as to such contract, other than as plainly expressed in the insurance contract issued thereon, or paying, allowing, or giving, or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits on the contract or annuity, or any valuable consideration or inducement whatever not specified in the contract; or giving, selling, or purchasing, or offering to give, sell, or purchase, as inducement to such insurance contract or annuity or in connection with the insurance contract or annuity, any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued on the stocks, bonds, or other securities, or anything of value whatsoever not specified in the contract;

(h)  Unfair claim settlement practices: Committing or performing, either in

willful violation of this part 11 or with such frequency as to indicate a tendency to engage in a general business practice, any of the following:

(I)  Misrepresenting pertinent facts or insurance policy provisions relating to

coverages at issue; or

(II)  Failing to acknowledge and act reasonably promptly upon

communications with respect to claims arising under insurance policies; or

(III)  Failing to adopt and implement reasonable standards for the prompt

investigation of claims arising under insurance policies; or

(IV)  Refusing to pay claims without conducting a reasonable investigation

based upon all available information; or

(V)  Failing to affirm or deny coverage of claims within a reasonable time

after proof of loss statements have been completed; or

(VI)  Not attempting in good faith to effectuate prompt, fair, and equitable

settlements of claims in which liability has become reasonably clear; or

(VII)  Compelling insureds to institute litigation to recover amounts due under

an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds; or

(VIII)  Attempting to settle a claim for less than the amount to which a

reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application; or

(IX)  Attempting to settle claims on the basis of an application which was

altered without notice to, or knowledge or consent of, the insured; or

(X)  Making claims payments to insureds or beneficiaries not accompanied by

statement setting forth the coverage under which the payments are being made; or

(XI)  Making known to insureds or claimants a policy of appealing from

arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration; or

(XII)  Delaying the investigation or payment of claims by requiring an insured

or claimant, or the physician of either of them, to submit a preliminary claim report, and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information; or

(XIII)  Failing to promptly settle claims, where liability has become reasonably

clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; or

(XIV)  Failing to promptly provide a reasonable explanation of the basis in the

insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement; or

(XV)  Raising as a defense or partial offset in the adjustment of a third-party

claim the defense of comparative negligence as set forth in section 13-21-111, C.R.S., without conducting a reasonable investigation and developing substantial evidence in support thereof. At such time as the issue is raised under this subparagraph (XV), the insurer shall furnish to the commissioner a written statement setting forth reasons as to why a defense under the comparative negligence doctrine is valid.

(XVI)  Excluding medical benefits under health-care coverage subject to

article 16 of this title to any covered individual based solely on that individual's casual or nonprofessional participation in the following activities: Motorcycling; snowmobiling; off-highway vehicle riding; skiing; or snowboarding; or

(XVII)  Failing to adopt and implement reasonable standards for the prompt

resolution of medical payment claims;

(i)  Failure to maintain complaint handling procedures: Failing of any insurer

to maintain a complete record of all the complaints which it has received since the date of its last examination. This record shall indicate the total number of complaints, their classification by line of insurance, the nature of each complaint, the disposition of these complaints, and the time it took to process each complaint. For purposes of this paragraph (i), complaint shall mean any written communication primarily expressing a grievance.

(j)  Misrepresentation in insurance applications: Making false or fraudulent

statements or representations on or relative to any application for an insurance policy, for the purpose of obtaining a fee, commission, money, or other benefit from any person;

(k)  Requiring, directly or indirectly, any insured or claimant to submit to any

polygraph test concerning any application for or any claim under any policy of insurance;

(l)  Violation of or noncompliance with any insurance law in part 6 of article 4

of this title;

(m)  Failure to make promptly a full refund or credit of all unearned premiums

to the person entitled thereto upon termination of insurance coverage;

(n)  Requiring or attempting to require or otherwise induce a health-care

provider, as defined in section 13-64-403 (12)(a), C.R.S., to utilize arbitration agreements with patients as a condition of providing medical malpractice insurance to such health-care provider;

(o)  Failure to comply with all the provisions of section 10-3-1104.5 regarding

HIV testing;

(p)  Violation of or noncompliance with any provision of part 13 of this article;


(q)  Increasing the premiums unilaterally or decreasing the coverage benefits

on renewal of a policy of insurance, increasing the premium on new policies, or failing to issue an insurance policy to barbers, cosmetologists, estheticians, nail technicians, barbershops, or beauty salons, as regulated in article 105 of title 12, regardless of the type of risk insured against, based solely on the decision of the general assembly to stop mandatory inspections of the places of business of such insureds;

(r)  Repealed.


(s)  Certifying pursuant to section 10-16-107.2 or issuing, soliciting, or using a

policy form, endorsement, or rider that does not comply with statutory mandates. Such solicitation or certification shall be subject to the sanctions described in sections 10-2-704, 10-2-801, 10-2-804, 10-3-1107, 10-3-1108, and 10-3-1109.

(t)  Certifying pursuant to section 10-4-419 or issuing, soliciting, or using a

claims-made policy form, endorsement, or disclosure form that does not comply with statutory mandates. Such solicitation or certification shall be subject to the sanctions described in sections 10-3-1107, 10-3-1108, and 10-3-1109.

(u)  Certifying pursuant to section 10-4-633 or issuing, soliciting, or using an

automobile policy form, endorsement, or notice form that does not comply with statutory mandates. Such solicitation or certification shall be subject to the sanctions described in sections 10-3-1107, 10-3-1108, and 10-3-1109.

(v)  Failure to comply with all provisions of section 10-16-108.5 concerning

fair marketing of health benefit plans and section 10-16-105 concerning guaranteed issuance of individual and small employer health benefit plans;

(w)  Failure to comply with the provisions of section 10-16-105.1 concerning

the renewability of health benefit plans;

(x)  Violation of the provisions of part 8 of article 1 of title 25, C.R.S.,

concerning patient records;

(y)  Violating any provision of the Consumer Protection Standards Act for

the Operation of Managed Care Plans, part 7 of article 16 of this title, by those subject to said part 7;

(z)  Willfully violating any provision of section 10-16-113.5;


(aa)  Certifying pursuant to section 10-10-109 (3) or 10-10-109 (4), issuing,

soliciting, or using a credit insurance policy form, certificate of insurance, notice of proposed insurance, application for insurance, endorsement, or rider that does not comply with Colorado law. Such certification, issuance, solicitation, or use shall be subject to the sanctions described in sections 10-3-1107, 10-3-1108, and 10-3-1109.

(bb)  Certifying pursuant to section 10-15-105 (1), issuing, soliciting, or using a

preneed funeral contract form or a form of assignment that does not comply with Colorado law. Such certification, issuance, solicitation, or use shall be subject to the sanctions described in sections 10-3-1107, 10-3-1108, and 10-3-1109.

(cc)  Violation of the provisions of section 10-16-122 (4) concerning an

unauthorized transfer of a covered person or subscriber's prescription;

(dd)  Failing to comply with the provisions of section 10-4-628 (2)(a)(V) or 10-16-201 (5);


(ee)  Willfully or repeatedly violating section 10-11-108 (1)(c) or (1)(d), including

a willful or repeated violation through the creation or operation of an improper affiliated business arrangement;

(ff)  Violation of the Physician and Dentist Designation Disclosure Act,

article 38 of title 25, C.R.S.;

(gg)  Violation of section 10-16-705 (6.5) or (10.5);


(hh)  Unfair compensation practices: Basing the compensation of claims

employees or contracted claims personnel, including compensation in the form of performance bonuses or incentives, on any of the following:

(I)  The number of policies canceled;


(II)  The number of times coverage is denied;


(III)  The use of a quota limiting or restricting the number or volume of claims;

or

(IV)  The use of an arbitrary quota or cap limiting or restricting the amount of

claims payments without due consideration of the merits of the claim;

(ii)  Violation of section 8-43-401.5, C.R.S.;


(jj)  Violation of part 6 of article 43 of title 8, C.R.S.;


(kk)  Violation of section 10-7-703 of the Insurable Interest Act, part 7 of

article 7 of this title;

(ll)  Engaging in stranger originated life insurance;


(mm)  Paying a fee or rebate or giving or promising anything of value to a

jailer, peace officer, clerk, deputy clerk, an employee of a court, district attorney or district attorney's employees, or a person who has power to arrest or to hold a person in custody as a result of writing a bail bond;

(nn)  Unless the indemnitor consents in writing otherwise, failure to post a

bail bond within twenty-four hours after receipt of full payment or a signed contract for payment, and if the bail bond is not posted within twenty-four hours after receipt of full payment or a signed contract for payment, failure to refund all moneys received, release all liens, and return all collateral within seven days after receipt of good funds;

(oo)  Failure to report, preserve without use, retain separately, or return after

payment in full, collateral taken as security on any bail bond to the principal, indemnitor, or depositor of the collateral;

(pp)  Soliciting bail bond business in or about any place where prisoners are

confined, arraigned, or in custody;

(qq)  Failure to pay a final, nonappealable judgment award for failure to

return or repay collateral received to secure a bond;

(rr)  Certifying pursuant to section 8-44-102, C.R.S., or issuing, soliciting, or

using a workers' compensation form, endorsement, rider, letter, or notice that does not comply with statutory mandates. The solicitation or certification is subject to the sanctions described in sections 10-3-1107, 10-3-1108, and 10-3-1109.

(ss)  A violation of section 10-16-704 (3)(d) or (5.5);


(tt)  A violation of part 15 of article 16 of this title 10.


(2)  Nothing in subsection (1)(f) or (1)(g) of this section shall be construed as

including within the definition of discrimination or rebates any of the following practices:

(a)  In the case of any contract of life insurance or life annuity, paying

bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, if any such bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the company and its policyholders;

(b)  In the case of life insurance policies issued on the industrial debit plan,

making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer in an amount which fairly represents the saving in collection expenses;

(c)  Readjustment of the rate of premium for a group insurance policy based

on the loss or expense thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year;

(d)  Requests by a person that an applicant or insured take an HIV related

test when such request has been prompted by either the health history or current condition of the applicant or insured or by threshold coverage amounts which are applied to all persons within the risk class, as long as such test is conducted in accordance with the provisions of section 10-3-1104.5.

(e)  Offering or providing, by or through an employee, affiliate, or third-party

representative of an insurer or insurance producer, a value-added product or service at no cost or reduced cost, when the product or service is not specified in the insurance policy, if the product or service:

(I)  Relates to the insurance coverage; and


(II)  Is primarily aimed to achieve one or more of the following:


(A)  Provide loss mitigation or loss control;


(B)  Reduce claim costs or claim settlement costs;


(C)  Provide education about liability risk or risk of loss to individuals or

property;

(D)  Monitor or assess risk, identify sources of risk, or develop strategies for

eliminating or reducing risk;

(E)  Enhance health;


(F)  Promote financial wellness through items such as educational or financial

planning services;

(G)  Provide post-loss services;


(H)  Encourage behavioral changes to improve the health or reduce the risk of

death or disability of a customer; or

(I)  Assist in the administration of employee or retiree benefit insurance

coverage.

(2.1)  The cost to an insurer or insurance producer offering a product or

service to a customer pursuant to subsection (2)(e) of this section must be reasonable in comparison to that customer's premiums or insurance coverage.

(2.2)  If an insurer or insurance producer is offering a product or service

pursuant to subsection (2)(e) of this section, the insurer or insurance producer shall provide a customer with contact information to assist the customer with questions regarding the product or service.

(2.3)  To ensure consumer protection while implementing the permitted

practices set forth in subsection (2) of this section, the commissioner may adopt rules to implement and enforce subsections (2) to (2.7) of this section.

(2.4)  The availability of a product or service offered pursuant to subsection

(2)(e) of this section must be:

(a)  Based on documented, objective criteria that is maintained by the insurer

or insurance producer and must be produced upon request by the division; and

(b)  Offered in a manner that is not unfairly discriminatory.


(2.5) (a)  If an insurer or insurance producer does not have sufficient evidence

but has a good faith belief that a product or service meets the criteria set forth in subsections (2)(e)(II)(A) to (2)(e)(II)(I) of this section, the insurer or insurance producer shall provide the product or service in a manner that is not unfairly discriminatory as part of a pilot or testing program for no more than one year.

(b) (I)  An insurer or insurance producer shall notify and receive approval from

the division for a pilot or testing program prior to launching the program.

(II)  The division shall approve or deny a pilot or testing program no later than

thirty days after receiving notification pursuant to subsection (2.5)(b)(I) of this section.

(2.6) (a)  An insurer or insurance producer may:


(I)  Offer or give a noncash gift, item, or service, including a meal or charitable

donation, to or on behalf of a customer in connection with the marketing, sale, purchase, or retention of an insurance contract if the cost does not exceed an amount determined to be reasonable by the commissioner per policy year per term; or

(II)  Offer or give a noncash gift, item, or service, including a meal or

charitable donation, to or on behalf of a customer, including a commercial or institutional customer, in connection with the marketing, sale, purchase, or retention of an insurance contract if:

(A)  The cost is reasonable in comparison to the premium or proposed

premium; and

(B)  The cost of the gift, item, or service is not included in any amount

charged to another person or entity.

(b) (I)  Any offer or gift made pursuant to this subsection (2.6) must be

offered in a manner that is not unfairly discriminatory.

(II)  An insurer or insurance producer shall not require a customer to

purchase, continue, or renew an insurance policy in exchange for a gift, item, or service received pursuant to this subsection (2.6).

(2.7)  Except as applied to an insurer or insurance producer's offer of a value-added product or service, an insurer or insurance producer shall not:


(a)  Offer or provide insurance as an inducement to the purchase of another

policy; or

(b)  Use the words free or no cost or words of similar import in an

advertisement.

(3)  Repealed.


(4)  The following is defined as an unfair practice in the business of insurance:

For an insurer to deny, refuse to issue, refuse to renew, refuse to reissue, cancel, or otherwise terminate a motor vehicle insurance policy, to restrict motor vehicle insurance coverage on any person, or to add any surcharge or rating factor to a premium of a motor vehicle insurance policy solely because of:

(a)  A conviction under section 18-13-122 (3), or section 44-3-901 (1)(c), or any

counterpart municipal charter or ordinance offense or because of any driver's license revocation resulting from such conviction. This subsection (4)(a) includes, but is not limited to, a driver's license revocation imposed under section 42-2-125 (1)(m) prior to its repeal in 2021.

(b)  The licensee's inability to operate a motor vehicle due to physical

incompetence if the licensee obtains an affidavit from a rehabilitation provider or licensed physician acceptable to the department of revenue.

(5)  It shall not be an unfair practice in the business of insurance for an

insurer to pay an assignee if the insurer believes in good faith that the claim is subject to a written assignment from the insured. The insurer shall remain responsible to the insured for such amounts pursuant to the applicable policy terms in the event the person paid did not hold a written assignment and did not provide services or goods to the insured at the insured's request.

(6)  As used in this section, unless the context otherwise requires:


(a)  Customer includes a policyholder, potential policyholder, certificate

holder, potential certificate holder, insured, potential insured, or applicant.

(b)  Insurance producer has the meaning set forth in section 10-2-103 (6).


Source: L. 73: R&RE, p. 858, � 1. C.R.S. 1963: � 72-14-4. L. 75: (1)(f)(III) added,

p. 341, � 1, effective July 1. L. 78: (1)(f)(IV) added, p. 295, � 1, effective March 21; (3) added, p. 293, � 2, effective March 24. L. 79: IP(1)(h) amended and (1)(l) added, p. 359, � 5, effective June 22; (1)(h)(XV) added, p. 383, � 1, effective July 1. L. 80: (1)(f)(V) added, p. 751, � 2, effective April 10. L. 81: (3) repealed, p. 577, � 5, effective June 4. L. 88: (1)(m) and (1)(n) added, pp. 340, 625, �� 3, 4, effective July 1. L. 89: (1)(f)(VI) to (1)(f)(X), (1)(o), and (2)(d) added, pp. 448, 449, �� 2-4, effective April 12; (1)(p) added p. 451, � 2, effective July 1. L. 90: (1)(q) added, p. 770, � 29, effective July 1. L. 92: (1)(r) added, p.1503, � 1, effective April 16; (1)(t) and (1)(u) added, p. 1555, � 52, effective May 20; (1)(f)(XI) added, p. 1750, � 3, effective May 29; (1)(s) added, p. 1744, � 3, effective June 2. L. 93: (1)(s) amended, p. 1390, � 6, effective January 1, 1995. L. 94: (1)(v) added, p. 1920, � 13, effective July 1. L. 96: (1)(w) added, p. 459, � 2, effective July 1. L. 97: (1)(x) added, p. 350, � 4, effective April 19; (1)(y) added, p. 1332, � 4, effective July 1; (4) added, p. 1044, � 6, effective August 6; (1)(f)(XII) and (1)(h)(XVI) added, p. 68, �� 1, 2, effective October 1. L. 98: (4)(a) amended, p. 817, � 8, effective August 5. L. 99: (5) added, p. 312, � 2, effective August 4; (1)(z) added, p. 1056, � 3, effective June 1, 2000. L. 2000: (4)(b) amended, p. 1635, � 7, effective June 1; (1)(aa) and (1)(bb) added, p. 464, � 2, effective August 2. L. 2001: (1)(r) amended, p. 1051, � 36, effective July 1; (1)(cc) added, p. 1231, � 3, effective January 1, 2002. L. 2002: (1)(f)(XII) and (1)(h)(XVI) amended, p. 65, � 1, effective January 1, 2003. L. 2003: (1)(u) amended, p. 1571, � 4, effective July 1. L. 2004: (1)(l) amended, p. 902, � 21, effective May 21; (1)(h)(XVII) added, p. 1102, � 2, effective July 1. L. 2005: (1)(dd) added, p. 221, � 3, effective April 14. L. 2006: (1)(ee) added, p. 269, � 4, effective July 1. L. 2008: (1)(ff) added, p. 2017, � 2, effective September 1. L. 2009: (1)(gg) added, (HB 09-1061), ch. 197, p. 886, � 2, effective August 5. L. 2010: (1)(hh) added, (SB 10-076), ch. 228, p. 987, � 1, effective May 17; (1)(ii) added, (SB 10-011), ch. 302, p. 1433, � 5, effective May 27; (1)(b) amended and (1)(f)(XIII), (1)(f)(XIV), (1)(f)(XV), (1)(f)(XVI), and (1)(f)(XVII) added, (HB 10-1220), ch. 197, p. 851, �� 6, 7, effective July 1; (1)(jj) added, (SB 10-178), ch. 290, p. 1350, � 2, effective July 1. L. 2011: (1)(kk) and (1)(ll) added, (SB 11-182), ch. 227, p. 976, � 2, effective May 27. L. 2012: (1)(mm), (1)(nn), (1)(oo), (1)(pp), and (1)(qq) added, (HB 12-1266), ch. 280, p. 1507, � 37, effective July 1. L. 2013: (1)(v) and (1)(w) amended, (HB 13-1266), ch. 217, p. 986, � 42, effective May 13; (1)(r) amended, (HB 13-1115), ch. 338, p. 1970, � 4, effective May 28. L. 2014: (4)(a) amended, (SB 14-129), ch. 387, p. 1937, � 4, effective June 6; (1)(rr) added, (SB 14-137), ch. 78, p. 317, � 2, effective August 6. L. 2015: (1)(q) amended, (SB 15-106), ch. 122, p. 384, � 20, effective May 1; (1)(ff) amended, (HB 15-1191), ch. 95, p. 274, � 8, effective August 5. L. 2018: (4)(a) amended, (HB 18-1025), ch. 152, p. 1077, � 5, effective October 1. L. 2019: (1)(q) amended, (HB 19-1172), ch. 136, p. 1651, � 33, effective October 1; (1)(ss) added, (HB 19-1174), ch. 171, p. 1982, � 2, effective January 1, 2020. L. 2021: (4)(a) amended, (HB 21-1314), ch. 460, p. 3099, � 8, effective January 1, 2022. L. 2022: (1)(tt) added, (HB 22-1122), ch. 312, p. 2233, � 2, effective August 10. L. 2025: (1)(g) and IP(2) amended and (2)(e), (2.1), (2.2), (2.3), (2.4), (2.5), (2.6), (2.7), and (6) added, (SB 25-058), ch. 84, p. 348, � 1, effective August 6.

Editor's note: (1)  Subsection (1)(f)(V) provided for the repeal of subsection

(1)(f)(V), effective July 1, 1987. (See L. 1980, p. 751.)

(2)  Subsection (1)(r)(II) provided for the repeal of subsection (1)(r), effective

March 31, 2015. (See L. 2013, p. 1970.)

(3)  Section 2(2) of chapter 84 (SB 25-058), Session Laws of Colorado 2025,

provides that the act changing this section applies to conduct occurring on or after August 6, 2025.

Cross references: For the legislative declaration contained in the 2000 act

enacting subsections (1)(aa) and (1)(bb), see section 1 of chapter 135, Session Laws of Colorado 2000.

C.R.S. § 10-3-122

10-3-122. Duties of foreign companies. Any foreign life or accident insurance company doing business in the state of Colorado, if the insurance contract is made in this state, shall pay its obligations when same are due and payable through its agent in the county where the contract was made, or at the office of its general agent within this state, after approval by the proper officers at the home office of the company, upon presentation of the insurance contract and proofs required thereunder by the insured, assigns, or beneficiaries. This insurance contract is deemed to be made and payable in the state of Colorado, if made through an authorized agent of such insurance company within this state, irrespective of where the insurance contract may be written.

Source: L. 13: p. 357, � 58. C.L. � 2531. CSA: C. 87, � 75. CRS 53: � 72-3-22.

C.R.S. 1963: � 72-3-22.

Cross references: For life insurance generally, see article 7 of this title 10.

C.R.S. § 10-3-123

10-3-123. Assessment accident associations. (1) Every contract whereby a benefit is to accrue to a party named therein, upon the accidental death or physical disability from accident or sickness of a person, which benefit is in any degree conditioned upon the collection of an assessment upon persons holding similar contracts, is deemed a contract of accident or casualty insurance upon the assessment plan, and the business involving the issuance of such contract shall be carried on in this state only by duly authorized corporations, which are subject to the provisions and requirements of this section and the general laws governing insurance companies in this state, except as otherwise provided in this section; but nothing in this section shall be construed as applicable to organizations which conduct their business as fraternal societies, on the lodge system, or to organizations which do not employ paid agents in soliciting business or limit their certificate holders to a particular order or fraternity.

(2)  Twenty-five or more persons who are citizens of this state may form a

corporation to carry on the business of casualty insurance on the assessment plan, but no such corporation shall begin to do business until a guaranty fund of at least ten thousand dollars is provided and deposited, in cash or in such securities as are permitted by law in the case of stock companies, with the commissioner under the conditions named in this title (except article 15) and article 14 of title 24, C.R.S. When this is done and at least two hundred persons have subscribed in writing to be insured, and when each has paid in at least one monthly assessment or premium, the commissioner, if the laws have been complied with, shall issue a certificate of authority for such corporation, which authorizes it to commence business. The word association shall be used in the title or name of all corporations organized under this section instead of the word company.

(3)  Every policy or indemnity certificate issued by any casualty corporation

doing business in this state shall show, in plain and legible print at the top and on the face of the same, these words: Incorporated on the assessment plan.

(4)  There shall also be printed plainly and legibly in every such policy or

certificate issued the minimum and maximum limits of the contingent mutual liability of the person to whom the policy is issued, which limits and the amount of liability, in the case of corporations incorporated under the Colorado laws, shall be fixed by the bylaws, and the rule shall be uniform. Such policies or certificates shall also specify the minimum sum of money to be paid upon each contingency insured against and the number of days after satisfactory proof of the happening of such contingency at which such payment shall be made. Upon the occurrence of such contingency, unless the contract has been voided by fraud or by breach of its conditions, the association is obligated to the beneficiary for such payment at the time and to the amount specified in the policy or certificate, and this indebtedness shall be a lien upon all the property, effects, and bills receivable of the association in this state, with priority over all indebtedness thereafter incurred, but the statement of said minimum sum shall not invalidate the rights of the party insured from receiving any further amount above such minimum sum that is based upon membership and to which he is entitled by the provisions of his policy.

(5)  Any corporation organized under the authority of any other state or

government to issue policies or certificates of casualty insurance on the assessment plan, as a condition precedent to transacting business in this state, shall pay such fees and comply with the same requirements as exacted of stock casualty insurance companies of other states or countries, as provided by this title (except article 15) and article 14 of title 24, C.R.S., and thereafter be subject to the same general laws and penalties of this title, unless otherwise provided in this section, and it shall deposit with the commissioner or with the proper official of some other state, for the protection of all its policyholders, a sum not less than that required to be deposited by domestic casualty insurance companies organized upon the mutual assessment plan. Such corporation shall also file with the commissioner a copy of its policies or certificates and applications therefor, for approval by the commissioner, and a sworn statement from the proper officers of such corporation that they have received a copy of this section, and shall be governed thereby in issuing policies or certificates in this state. The commissioner may thereupon issue or renew the authority of such corporation to do business in this state.

(6)  The money or other benefit, charity, relief, or aid to be paid or provided or

rendered by any corporation authorized to do casualty insurance on the assessment plan shall not be liable to attachment or other process and shall not be seized, taken, appropriated, or applied by any legal or equitable process, nor by operation of law, to pay any debts or liability of a policy or certificate holder, or any beneficiary named therein.

(7)  Any corporation doing a casualty insurance business in this state on April

15, 1913, that is incorporated to do business on the assessment plan may reincorporate under the provisions of this title (except article 15) and article 14 of title 24, C.R.S., but nothing in said references shall be construed as requiring any such corporation to reincorporate, and any such corporation may continue to exercise all rights, powers, and privileges conferred by said references, or its articles of incorporation not inconsistent with this subsection (7).

Source: L. 13: p. 369, � 75. C.L. � 2548. CSA: C. 87, � 92. CRS 53: � 72-3-26.

C.R.S. 1963: � 72-3-25. L. 92: (2), (5), and (7) amended, p. 1544, � 33, effective May 20. L. 2004: (2), (5), and (7) amended, p. 899, � 11, effective May 21. L. 2012: (2), (5), and (7) amended, (HB 12-1266), ch. 280, p. 1503, � 24, effective July 1.

C.R.S. § 10-3-129

10-3-129. Prohibition - display of social security number - insurance companies. (1) An insured may require that an insurance company or insurer doing business in Colorado not display the insured's social security number on his or her insurance identification card or proof of insurance card. If an insured makes the request, the insurance company or insurer shall reissue the insured an insurance identification card or proof of insurance card that does not display the insured's social security number.

(2)  After January 1, 2006, upon issuance or renewal of an insurance policy, an

insurance company or insurer doing business in Colorado shall not issue an insurance identification card or proof of insurance card that displays the insured's social security number.

Source: L. 2004: Entire section added, p. 1959, � 4, effective August 4.

C.R.S. § 10-3-209

10-3-209. Tax on premiums collected - exemptions - penalties - filing system - division to contract with third parties - rules - repeal. (1) (a) All insurance companies writing business in this state, including, without limitation, those defined in section 10-1-102 (6), except a disqualified insurance company, shall pay to the division of insurance a tax on the gross amount of all premiums collected or contracted for on policies or contracts of insurance covering property or risks in this state during the previous calendar year, after deducting from such gross amount the amount received as reinsurance premiums on business in this state, and the amount refunded under credit life and credit accident and health insurance policies on account of termination of insurance prior to the maturity date of the indebtedness, and, in the case of companies other than life, the amounts paid to policyholders as return premiums, which shall include dividends or unabsorbed premiums or premium deposits returned or credited to policyholders.

(b) (I)  The rate of tax is as follows:


(A)  For companies not exempted or charged a different rate of tax by

another provision of this section, the rate of tax on the gross amount shall be:

Premium collected or


contracted for during:Rate of tax:


19962.20%


19972.15%


19982.10%


19992.05%


2000 and thereafter2.00%


(B)  For direct written premiums in 2025, for companies maintaining a home

office or a regional home office in this state, the rate of tax on the gross amount is one percent. On and after January 1, 2026, the tax rate is two percent.

(II)  For purposes of this subsection (1)(b), except as otherwise provided in

subsection (1)(b)(II.5) of this section, any company is deemed to maintain a home office or regional home office in this state if such company either:

(A)  Substantially performs in this state the following functions, or

substantially equivalent functions, for the company for each state in which the company is licensed, or for three or more of such states: Actuarial, medical, legal, approval or rejection of applications, issuance of policies, information and service, advertising and publications, public relations, hiring, testing, and training of sales and service forces; or

(B)  Maintains significant direct insurance operations in this state that are

supported by functional operations which are both necessary for and pertinent to a line or lines of business written by the company in this state.

(II.5)  To be deemed to maintain a home office or regional home office in this

state, a company must meet one of the criteria set forth in subsection (1)(b)(II) of this section and also have a workforce in the state that is greater than or equal to:

(A)  Two percent of the company's total domestic workforce, for taxes that

are due and payable for calendar year 2022;

(B)  Two and one-quarter percent of the company's total domestic workforce,

for taxes that are due and payable for calendar year 2023; and

(C)  Two and one-half percent of the company's total domestic workforce, for

taxes that are due and payable for calendar year 2024 and each calendar year thereafter.

(II.7)  For purposes of the calculation required in subsection (1)(b)(II.5) of this

section, a workforce includes all employees of the company; the company's ultimate parent entity; subsidiaries; and affiliates, as defined in section 10-3-801 (1), but excludes agents, brokers, and their staff.

(III)  Any company desiring to qualify an office in this state as a home or

regional home office shall make application for qualification to the commissioner on forms prescribed by the commissioner and shall submit proof that it is operating a home or a regional home office in this state. Applications for companies that were not approved in the immediate preceding year shall be received by the commissioner by December 31 of the year immediately preceding the year for which the application for qualification is being made. Applications for companies that were approved in the immediate preceding year shall be received by the commissioner by March 1 of the year for which qualification is being made. Applications for companies that were approved in the immediate preceding year received through March 31 shall pay a late charge of one hundred dollars per day for each day after March 1 that any such application is received by the commissioner. Applications received after March 31 shall be denied. The provisions of subsection (2) of this section shall not apply to companies maintaining a home office or regional home office in this state.

(IV)  Subsections (1)(b)(I)(B), (1)(b)(II), (1)(b)(II.5), (1)(b)(II.7), and (1)(b)(III) of this

section and this subsection (1)(b)(IV) are repealed, effective December 31, 2026.

(c)  The taxes prescribed in paragraph (b) of this subsection (1) shall

constitute all taxes collectible under the laws of this state against any such insurance companies, and no other occupation tax or other taxes shall be levied or collected from any insurance company by any county, city, or town within this state, but this title (except article 15) and article 14 of title 24, C.R.S., shall not be construed to prohibit the levy and collection of state, county, school, and municipal taxes upon the real and personal property of such companies, nor shall it include or prohibit the levy and collection of a tax to be paid on net workers' compensation premiums, as provided under the Colorado Medical Disaster Insurance Fund Act, part 3 of article 46 of title 8, C.R.S.

(d) (I)  All fraternal and benevolent associations organized under the laws of

this state and doing business in this state shall be exempt from the provisions of this section.

(II) and (III)  Repealed.


(IV)  Except to the extent provided in subsection (2) of this section, the tax

imposed by this section shall not apply to premiums collected or contracted for after December 31, 1968, on policies or contracts issued in connection with a pension, profit sharing, or annuity plan established by an employer for employees if contributions by such employer thereunder are deductible by such employer in determining such employer's net income as defined in section 39-22-304, and shall not apply to premiums collected or contracted for after December 31, 1968, on policies or contracts purchased for an employee by an employer if such employer is exempt under section 39-22-112 from the tax imposed by article 22 of title 39, or is a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state. The tax imposed by this section shall not apply to annuity considerations collected or contracted for after December 31, 1976, except to the extent provided in subsection (2) of this section and except for taxes that are due and payable for the calendar year 2021 and each calendar year thereafter, this exemption only applies to annuity considerations that are used as qualified funding assets under section 130 of the internal revenue code or annuity considerations that are purchased in connection with:

(A)  A plan under section 401 (a) of the federal Internal Revenue Code of

1986, as amended;

(B)  A Roth 401(k) under section 402A of the federal Internal Revenue Code

of 1986, as amended;

(C)  A tax-sheltered annuity plan under section 403 (b) of the federal

Internal Revenue Code of 1986, as amended;

(D)  An individual retirement account under section 408 (a) of the federal

Internal Revenue Code of 1986, as amended;

(E)  An individual retirement annuity under section 408 (b) of the federal

Internal Revenue Code of 1986, as amended;

(F)  A simplified employee pension under section 408 (k) of the federal

Internal Revenue Code of 1986, as amended;

(G)  A simple retirement account under section 408 (p) of the federal

Internal Revenue Code of 1986, as amended;

(H)  A deferred compensation plan under section 457 of the federal Internal

Revenue Code of 1986, as amended;

(I)  A Roth 457 under section 457 of the federal Internal Revenue Code of

1986, as amended; and

(J)  A qualified retirement plan not specified in this subsection (1)(d)(IV) or a

Roth version of any qualified retirement plan.

(V)  Repealed.


(e)  The taxes provided for in this section shall be due and payable on the first

day of March in each year. Any company failing or refusing to render such statement and information, or to pay taxes as specified in this section, for more than thirty days after the time specified, shall be liable to a penalty of up to one hundred dollars for each additional day of delinquency, to be assessed by the commissioner. If the tax paid is less than the full amount prescribed by this section, interest at the rate of one percent per month or fraction thereof on the unpaid amount shall be charged from the date on which payment was due to the date on which full payment is made, and a penalty of up to twenty-five percent of the unpaid amount may be assessed by the commissioner. The commissioner may suspend the certificate of authority of a delinquent company until such taxes and penalty, should any penalty be imposed, are fully paid.

(f)  In computing assets for the purpose of this section, the investments of

any such company in the bonds, notes, or other obligations of the United States of America, or any instrumentality of the United States, the obligations of which are guaranteed by the United States, and deferred or uncollected insurance premiums and annuity considerations shall first be deducted. Any company claiming entitlement to any reduced rate provided in this section shall present such evidence in justification of its claim as may be required by the commissioner.

(g)  Repealed.


(2)  When, by the laws of any other state, any taxes and fees in the

aggregate, fines, penalties, deposits of money or securities or other obligations, prohibitions, or requirements are imposed upon insurers organized under any law of this state and transacting business in such other state, or upon the agents of such insurer, greater in aggregate amount than those imposed upon similar insurers by the laws of this state, or when the laws of any other state require insurers of this state to deposit money or security for the benefit or protection of citizens of such other state, or when the laws or officers of any other state prohibit insurers of this state from transacting business therein without a special examination of the insurers or a computation of their liabilities by the officers of that state, the same taxes and fees in the aggregate, fines, penalties, deposits, examinations, obligations, and requirements may be imposed by the commissioner upon all insurers doing business in this state that are incorporated or organized under the laws of such other state and upon their agents. For the purpose of this section, an alien insurer may be deemed to be domiciled in a state designated by it wherein it has established its principal office or agency in the United States or maintains the largest amount of its assets. If no such office or agency is established, its domicile is the country under laws of which it is formed.

(3) (a)  Anything in subsection (1) of this section to the contrary

notwithstanding, any insurance company doing business in this state which was liable for payment of more than five thousand dollars in taxes, as provided in this section, during the preceding calendar year shall, on and after January 1, 1971, pay quarterly estimates of such taxes as provided in paragraphs (b) to (d) of this subsection (3).

(b)  Such estimated taxes shall become due and payable on the last day of

the month following the close of any calendar quarter of the year, except for the fourth quarter which shall be due March 1 and shall include adjustments for the preceding calendar year. Any company failing or refusing to pay such estimated taxes for more than thirty days after the time specified shall be liable to a penalty of up to one hundred dollars for each additional day of delinquency, to be assessed by the commissioner. Failure of a company to make quarterly payments, if required, each payment to be of at least one-fourth of either the total tax paid during the preceding calendar year or eighty percent of the actual quarterly tax for the current calendar year, whichever is lesser, shall be considered and treated the same as a failure or refusal to pay the estimated taxes and shall subject the company to the penalties provided in this subsection (3)(b). The amount of estimated taxes and the penalties collected shall be paid to the division of insurance, and the commissioner may suspend the certificate of authority of such delinquent company until such estimated taxes and penalty, should any penalty be imposed, are fully paid.

(c)  Estimated taxes paid pursuant to this subsection (3) shall be based on the

estimated amount of taxable premiums during the preceding calendar quarter. Calendar quarter estimates of taxes may include adjustments for any previous calendar quarter estimates of taxes and allowable tax credits claimed by the company in accordance with part 1 of article 3.5 of this title 10, part 2 of article 36 of title 24, part 2 of article 46 of title 24, part 21 of article 22 of title 39, or any other law authorizing a credit against premium tax liability. Estimated taxes shall be paid on the basis of such adjusted estimates.

(d) (I)  Adjustments in payments of estimated taxes for any calendar year

shall be made at the time of the filing of the annual statement required under section 10-3-208 and the payment of taxes required by this section. If, upon the filing of the annual statement, a company has overpaid its taxes for any calendar year, the company may either apply the overpayment to its calendar quarter estimates of taxes in a subsequent calendar year or claim a refund for the amount of the overpayment. If a company claims a refund, it shall file for such refund at the time of filing such annual statement, and, if the commissioner claims a deficiency, the commissioner shall notify the deficient company thereof.

(II)  In calculating the amount of a refund claimed pursuant to subsection

(3)(d)(I) of this section, the value of a nonrefundable tax credit claimed by the company must be applied first to the company's total tax liability, prior to applying any other payment made by the company regardless of the order in which such payments or credits were received. The refund must not exceed the total amount of any additional payments made by the company.

(4) (a)  The division of insurance shall transmit all taxes, penalties, and fines it

collects under this section to the state treasurer for deposit in the general fund; except that the state treasurer shall deposit amounts in the specified cash funds as follows:

(I)  In the division of insurance cash fund created in section 10-1-103 (3), an

amount that is equal to the general assembly's appropriation from the fund to the division for its direct and indirect expenditures less the total fee revenue that is deposited in the fund; except that the amount deposited in the fund under this subparagraph (I) shall not exceed five percent of all taxes collected under this section;

(II)  In the wildfire emergency response fund created in section 24-33.5-1226

and the wildfire preparedness fund created in section 24-33.5-1227, the amount of the taxes, penalties, and fines that the general assembly appropriates to each of the cash funds; and

(III)  Repealed.


(b)  Repealed.


(5)  For the purpose of auditing a company's tax statement, the commissioner

or the commissioner's designee, which may include an independent examiner under section 10-1-204 (6), has the power to examine any books, papers, records, agreements, or memoranda bearing upon the matters required to be included in the tax statement. Such books, papers, records, agreements, or memoranda shall be made available upon request to the commissioner's office or the commissioner's designee.

(6) (a)  All taxes, penalties, fines, fees, and associated filings required under

this section must be submitted to the division through a secure web-based application system identified by the division. The commissioner may enter into a contract with a qualified third party, including the National Association of Insurance Commissioners, for a secure web-based application system that would allow premium taxes paid by insurance companies to be filed for multiple states on a single web-based application system. The third party may charge the insurance company a nominal fee for this service that is reasonably related to the overall cost of the service of collecting filings and payments and transmitting those filings and payments to the division. A fee charged by the third party as part of this subsection (6) is not subject to section 10-3-207 or subsection (4)(a) of this section.

(b)  Pursuant to article 4 of title 24, the commissioner may promulgate rules

necessary to implement, operate, and enforce this subsection (6).

(c)  In contracting with a qualified third party for a secure web-based

application system described in this subsection (6), the commissioner is exempt from the Procurement Code, articles 101 to 112 of title 24.

(d)  In submitting taxes, penalties, fines, fees, and associated filings required

under this section to the division, an insurance company shall identify the total annual dollar amount of premiums collected or contracted for on policies or contracts of insurance covering property or risks in Colorado during the previous calendar year from entities that are exempt from taxation pursuant to section 10-3-209 (1)(d)(IV).

Source: L. 13: p. 332, � 16. C.L. � 2486. L. 33: p. 636, � 1. CSA: C. 87, � 14. L.

41: p. 515, � 1. L. 53: p. 378, � 1. CRS 53: � 72-1-14. L. 55: p. 443, � 1. L. 59: p. 505, � 1. L. 60: p. 149, � 1. L. 61: p. 438, � 1. L. 63: p. 568, �� 1, 2. C.R.S. 1963: � 72-1-14. L. 65: p. 755, � 1. L. 69: pp. 504-506, �� 1-4, 1. L. 70: p. 243, � 1. L. 71: p. 694, � 1. L. 73: pp. 833, 834, �� 1, 2. L. 75: (1)(c) amended, p. 310, � 55, effective September 1. L. 77: (1)(d)(IV) amended, p. 504, � 1, effective June 21. L. 81: (1)(d)(IV) and (3)(b) amended, p. 525, � 1, effective May 13. L. 86: (1)(d)(V) added, p. 549, � 2, effective July 1. L. 87: (1)(d)(IV) amended, p. 1451, � 27, effective June 22. L. 90: (1)(c) amended, p. 558, � 14, effective July 1. L. 92: (1)(b)(II), (1)(c), and (4) amended, p. 1548, � 38, effective May 20. L. 95: (1)(b)(I) amended, p. 490, � 4, effective May 16. L. 96: (1)(a) and (1)(b) amended, p. 551, � 1, effective April 24. L. 97: (5) added, p. 531, � 4, effective April 24. L. 2000: (1)(a) amended, p. 1616, � 2, effective August 2. L. 2003: (1)(a) amended, p. 616, � 9, effective July 1. L. 2004: (1)(c) amended, p. 900, � 15, effective May 21. L. 2012: (1)(c) amended, (HB 12-1266), ch. 280, p. 1505, � 28, effective July 1. L. 2013: (4) amended, (SB 13-270), ch. 250, p. 1316, � 5, effective May 23. L. 2014: (4)(a) amended, (HB 14-1195), ch. 117, p. 418, � 1, effective July 1. L. 2016: (1)(b) amended, (SB 16-165), ch. 278, p. 1145, � 1, effective January 1, 2017. L. 2019: (4)(a) amended, (HB 19-1168), ch. 204, p. 2187, � 2, effective May 17. L. 2020: (4)(a)(III) amended, (SB 20-215), ch. 201, p. 1001, � 10, effective June 30. L. 2020, 1st Ex. Sess.: (3)(b), (3)(c), and (3)(d) amended, (HB 20B-1006), ch. 5, p. 31, � 1, effective December 7. L. 2021: (1)(a) amended, (HB 21-1311), ch. 298, p. 1786, � 12, effective June 23; IP(1)(b)(II), (1)(d)(IV), and (5) amended and (1)(b)(II.5) and (1)(b)(II.7) added, (HB 21-1312), ch. 299, p. 1789, � 2, effective July 1. L. 2023: (1)(d)(II), (1)(d)(III), and (1)(g) repealed, (HB 23-1121), ch. 35, p. 118, � 1, effective August 7. L. 2024: (6) added, (HB 24-1119), ch. 38, p. 137, � 2, effective March 22; (4)(a)(III)(A) amended and (4)(a)(III)(C) added, (HB 24-1470), ch. 491, p. 3446, � 2, effective June 7. L. 2025: (6)(d) added, (HB 25-1296), ch. 202, p. 912, � 3, effective May 16. L. 2025, 1st Ex. Sess.: IP(1)(b)(I) and (1)(b)(I)(B) amended and (1)(b)(IV) added, (HB 25B-1003), ch. 7, p. 24, � 2, effective August 28.

Editor's note: (1)  Subsection (1)(d)(V)(B) provided for the repeal of subsection

(1)(d)(V), effective July 1, 1989. (See L. 86, p. 549.)

(2)  Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective

July 1, 2014. (See L. 2013, p. 1316.)

(3)  Subsection (4)(a)(III)(C) provided for the repeal of subsection (4)(a)(III),

effective July 1, 2025. (See. L. 2024, p. 3446.)

Cross references: (1)  For required equality as to liabilities under subsection

(1)(b) imposed by statute on domestic and foreign corporations, see article 115 of title 7; for legal effect, when discrimination exists, see American Smelting & Refining v. Colorado, 204 U.S. 103, 27 S. Ct. 198, 51 L. Ed. 393; for annual financial statements, see � 10-3-208.

(2)  For the legislative declaration in HB 21-1311, see section 1 of chapter 298,

Session Laws of Colorado 2021. For the legislative declaration in HB 21-1312, see section 1 of chapter 299, Session Laws of Colorado 2021. For the legislative declaration in HB 24-1119, see section 1 of chapter 38, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1296, see section 1 of chapter 202, Session Laws of Colorado 2025. For the legislative declaration in HB 25B-1003, see section 1 of chapter 7, Session Laws of Colorado 2025, First Extraordinary Session.

C.R.S. § 10-3-406

10-3-406. Protest of finding of delinquency. In the event the insurance company protests the determination of delinquency by the commissioner, the commissioner shall stay his decision to place the insurance company under direct supervision and shall give the insurance company not less than fifteen days to show cause, at a hearing conducted by the commissioner, why such a determination should not be made. In cases of emergency, the commissioner may allow his determination of delinquency to stand until the insurance company, under the show cause order or at the hearing, gives sufficient proof that the commissioner's determination was erroneous.

Source: L. 69: p. 546, � 3. C.R.S. 1963: � 72-29-6.

C.R.S. § 10-3-521

10-3-521. Notice to creditors and others. (1) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible:

(a)  By first-class mail and either by telegram or telephone to the insurance

department of each jurisdiction in which the insurer is doing business;

(b)  By first-class mail to any guaranty association or foreign guaranty

association which is or may become obligated as a result of the liquidation;

(c)  By first-class mail to all insurance agents of the insurer;


(d)  By first-class mail to all persons known or reasonably expected to have

claims against the insurer, including all policyholders at their last-known address as indicated by the records of the insurer; and

(e)  By publication in a newspaper of general circulation in the county in

which the insurer has its principal place of business and in such other locations as the liquidator deems appropriate.

(2)  Notice to potential claimants under subsection (1) of this section shall

require claimants to file with the liquidator their claims together with proper proofs thereof under section 10-3-535, on or before a date the liquidator shall specify in the notice. Although an earlier date may be set by the liquidator, the last day to file claims shall be no later than eighteen months after the order of liquidation. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address.

(3)  Notice under subsection (1) of this section to agents of the insurer and to

potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws.

(4)  The liquidator shall promptly provide to the guaranty associations such

information concerning the identities and addresses of such policyholders and their policy coverages as may be within the liquidator's possession or control and shall otherwise cooperate with guaranty associations to assist them in providing to such policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages.

(5)  If notice is given in accordance with this section, the distribution of assets

of the insurer under this part 5 shall be conclusive with respect to all claimants regardless of whether or not they received notice.

Source: L. 92: Entire part R&RE, p. 1453, � 14, effective July 1.

C.R.S. § 10-3-523

10-3-523. Actions by and against liquidator. (1) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or equity or in arbitration shall be brought against the insurer or liquidator, whether in this state or elsewhere, nor shall any such existing actions be maintained or further presented after issuance of such order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company or the continuation of existing actions against the liquidator or the company, when such injunctions are included in an order to liquidate an insurer issued pursuant to corresponding provisions in other states. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, the liquidator may intervene in the action. The liquidator may defend any action in which the liquidator intervenes under this section at the expense of the estate of the insurer.

(2)  The liquidator may, upon or after an order for liquidation, within two years

or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. Where, by any agreement, a period of limitation is fixed for instituting a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like, or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act, and where in any such case the period had not expired at the date of the filing of the petition, the liquidator may, for the benefit of the estate, take any such action or do any such act required of or permitted to the insurer, if the liquidator does so within a period of one hundred eighty days subsequent to the entry of an order for liquidation or within such further period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party.

(3)  No statute of limitation or defense of laches shall run with respect to any

action against an insurer between the filing of a petition for liquidation against the insurer and the denial of the petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty days after the petition is denied.

(4)  Any guaranty association or foreign guaranty association shall have

standing to appear in any court proceeding concerning the liquidation of an insurer if such association is or may become liable to act as a result of the liquidation.

Source: L. 92: Entire part R&RE, p. 1455, � 14, effective July 1.

C.R.S. § 10-3-526

10-3-526. Fraudulent transfer after petition. (1) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value; or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefore, for which amount the transferee shall have a lien on the property so transferred. The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United states or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.

(2)  After a petition for rehabilitation or liquidation has been filed and before

either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted:

(a)  A transfer of any of the property of the insurer, other than real property,

made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value; or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefore, for which amount the transferee shall have a lien on the property so transferred.

(b)  A person indebted to the insurer or holding property of the insurer may, if

acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon the insurer's order, with the same effect as if the petition were not pending.

(c)  A person having actual knowledge of the pending rehabilitation or

liquidation shall be deemed not to act in good faith.

(d)  A person asserting the validity of a transfer under this section shall have

the burden of proof. Except as elsewhere provided in this section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator.

(3)  Every person receiving any property from the insurer or any benefit

thereof which is a fraudulent transfer under subsection (1) of this section shall be personally liable therefore and shall be bound to account to the liquidator.

(4)  Nothing in this part 5 shall impair the negotiability of currency or

negotiable instruments.

(5)  Notwithstanding subsection (1) of this section and any other provision of

this title, a receiver shall not avoid any transfer of, or any obligation to transfer, money or any other property arising under or in connection with a federal home loan bank security agreement or any pledge agreement, security agreement, collateral agreement, guarantee agreement, or other similar arrangement or credit enhancement relating to a security agreement to which a federal home loan bank is a party; except that a transfer may be avoided under this section if it was made with actual intent to hinder, delay, or defraud either existing or future creditors.

Source: L. 92: Entire part R&RE, p. 1458, � 14, effective July 1. L. 2014: (5)

added, (HB 14-1215), ch. 57, p. 258, � 6, effective March 21.

C.R.S. § 10-3-534

10-3-534. Filing of claims. (1) Proof of all claims shall be filed with the liquidator in the form required by section 10-3-535 on or before the last day for filing specified in the notice required under section 10-3-521; except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires.

(2)  The liquidator may permit a claimant making a late filing to share in

distributions, whether past or future, as if the claimant's filing were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances:

(a)  A transfer to a creditor was avoided under sections 10-3-525 to 10-3-527,

or was voluntarily surrendered under section 10-3-528, and the filing satisfies the conditions set forth in section 10-3-528; or

(b)  The valuation, under section 10-3-540, of security held by a secured

creditor shows a deficiency which is filed within thirty days after the valuation.

(3)  The liquidator shall permit late-filed claims to share in distributions,

whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law.

Source: L. 92: Entire part R&RE, p. 1470, � 14, effective July 1.

C.R.S. § 10-3-535

10-3-535. Proof of claim. (1) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable:

(a)  The particulars of the claim, including the consideration given for it;


(b)  The identity and amount of the security on the claim;


(c)  The payments made on the debt, if any;


(d)  That the sum claimed is justly owing and that there is no setoff,

counterclaim, or defense to the claim;

(e)  Any right of priority of payment or other specific right asserted by the

claimant;

(f)  A copy of the written instrument which is the foundation of the claim; and


(g)  The name and address of the claimant and of the attorney, if any, who

represents the claimant.

(2)  No claim needs to be considered or allowed if it does not contain all the

information specified in subsection (1) of this section which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included.

(3)  The liquidator may, at any time, request the claimant to present

information or evidence supplementary to that required under subsection (1) of this section and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.

(4)  No judgment or order against an insured or the insurer entered after the

date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion, needs to be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within the four-month period immediately preceding the filing of the petition needs be considered as evidence of liability or of the quantum of damages.

(5)  All claims of a guaranty association or foreign guaranty association shall

be in such form and shall contain such substantiation as may be agreed to by the association and the liquidator.

Source: L. 92: Entire part R&RE, p. 1471, � 14, effective July 1.

C.R.S. § 10-3-538

10-3-538. Disputed claims. (1) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or the claimant's attorney by first-class mail at the address shown in the proof of claim. Within sixty days after the mailing of the notice, the claimant may file objections with the liquidator. If no such filing is made, the claimant may not further object to the determination.

(2)  Whenever objections are filed with the liquidator and the liquidator does

not alter the denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claimant or the claimant's attorney and to any other persons directly affected, not less than ten days nor more than thirty days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee, who shall submit findings of fact along with a recommendation.

Source: L. 92: Entire part R&RE, p. 1473, � 14, effective July 1.

C.R.S. § 10-3-544

10-3-544. Unclaimed and withheld funds. (1) All unclaimed funds subject to distribution remaining in the liquidator's hands when the liquidator is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the state treasurer and shall be paid, without interest, except in accordance with section 10-3-541, to the person entitled thereto or such person's legal representative upon proof satisfactory to the state treasurer of the person's right thereto. Any amount on deposit not claimed within six years after the date of discharge of the liquidator shall be deemed to have been abandoned and shall escheat, without formal escheat proceedings, to the state and shall be deposited in the general fund.

(2)  All funds withheld under section 10-3-537 and not distributed shall, upon

discharge of the liquidator, be deposited with the state treasurer and paid in accordance with section 10-3-541. Any sums remaining which, under section 10-3-541, would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under subsection (1) of this section unless the commissioner in the commissioner's discretion petitions the court to reopen the liquidation under section 10-3-546.

Source: L. 92: Entire part R&RE, p. 1477, � 14, effective July 1.

C.R.S. § 10-3-803

10-3-803. Acquisition of control of or merger with domestic insurer - definitions. (1) (a) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if, after the consummation of the exchange or acquisition, the person would, directly, indirectly, by conversion, or by exercise of any right to acquire, be in control of the insurer, and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer or any person controlling a domestic insurer unless, at the time the offer, request, or invitation is made or the agreement is entered into, or before the acquisition of the securities if no offer or agreement is involved, the person has filed with the commissioner and has sent to the insurer a statement containing the information required by this section and the commissioner has approved the offer, request, invitation, agreement, or acquisition in the manner prescribed in this part 8.

(b)  In addition, if the person acting pursuant to this subsection (1) is:


(I)  An individual, the person shall submit a set of fingerprints to the

commissioner pursuant to subsection (3) of this section;

(II)  A corporation, each executive officer and director of the corporation shall

submit a set of fingerprints to the commissioner pursuant to subsection (3) of this section.

(c)  For purposes of this section:


(I)  Domestic insurer includes any person controlling a domestic insurer

unless the person, as determined by the commissioner, is either directly or through its affiliates primarily engaged in business other than the business of insurance.

(II)  Person does not include any securities broker holding, in the usual and

customary broker's function, less than twenty percent of the voting securities of an insurance company or of any person that controls an insurance company.

(d)  A controlling person of a domestic insurer seeking to divest its

controlling interest in the domestic insurer, in any manner, shall file with the commissioner, with a copy to the insurer, confidential notice of its proposed divestiture at least thirty days before the cessation of control. The commissioner shall determine those instances in which the party seeking to divest or to acquire a controlling interest in an insurer will be required to file for and obtain approval of the transaction. The information must remain confidential until the conclusion of the transaction unless the commissioner, in his or her discretion, determines that confidential treatment will interfere with enforcement of this section. If the statement referred to in paragraph (a) of this subsection (1) has been filed, this paragraph (d) does not apply.

(e)  With respect to a transaction subject to this section, the acquiring person

shall also file a preacquisition notification with the commissioner, which must contain the information set forth in section 10-3-803.5 (3)(a). A failure to file the notification subjects the person to penalties specified in section 10-3-803.5 (5)(c).

(2)  The statement filed pursuant to paragraph (a) of subsection (1) of this

section shall be made under oath or affirmation and must contain the following:

(a) (I)  The name and address of each person by whom or on whose behalf the

merger or other acquisition of control referred to in subsection (1) of this section is to be effected, referred to in this section as the acquiring party;

(II)  If the person is an individual, his or her principal occupation, all offices

and positions held during the past five years, and any conviction of crimes other than minor traffic violations during the past ten years;

(III)  If the person is not an individual, a report of the nature of its business

operations during the past five years or for the lesser period as the person and any predecessors have been in existence; an informative description of the business intended to be done by the person and the person's subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of the person or who perform or will perform functions appropriate to such positions. The list must include for each individual the information required by subparagraph (II) of this paragraph (a).

(b)  The source, nature, and amount of the consideration used or to be used in

effecting the merger or other acquisition of control, a description of any transaction where funds were or are to be obtained for any such purpose, including any pledge of the insurer's stock or the stock of any of its subsidiaries or controlling affiliates, and the identity of persons furnishing consideration; except that, where a source of consideration is a loan made in the lender's ordinary course of business, the identity of the lender must remain confidential if the person filing such statement so requests;

(c)  Fully audited financial information as to the earnings and financial

condition of each acquiring party for the preceding five fiscal years of each acquiring party, or for the lesser period as the acquiring party and any predecessors have been in existence, and similar unaudited information as of a date not earlier than ninety days before the filing of the statement;

(d)  Any plans or proposals that each acquiring party may have to liquidate

the insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management;

(e)  The number of shares of any security referred to in subsection (1) of this

section that each acquiring party proposes to acquire; the terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (1) of this section; and a statement as to the method by which the fairness of the proposal was arrived at;

(f)  The amount of each class of any security referred to in subsection (1) of

this section that is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party;

(g)  A full description of any contracts, arrangements, or understandings with

respect to any security referred to in subsection (1) of this section in which any acquiring party is involved, including the transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies. The description must identify the persons with whom the contracts, arrangements, or understandings have been entered into.

(h)  A description of the purchase of any security referred to in subsection (1)

of this section during the twelve calendar months preceding the filing of the statement by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid;

(i)  A description of any recommendations to purchase any security referred

to in subsection (1) of this section made during the twelve calendar months preceding the filing of the statement by any acquiring party, or by anyone based upon interviews or at the suggestion of the acquiring party;

(j)  Copies of all tender offers for, requests, or invitations for tenders of,

exchange offers for, and agreements to acquire or exchange any securities referred to in subsection (1) of this section, and, if distributed, of additional soliciting material relating to them;

(k)  The term of any agreement, contract, or understanding made with or

proposed to be made with any broker-dealer as to solicitation of securities referred to in subsection (1) of this section for tender, and the amount of any fees, commissions, or other compensation to be paid to broker-dealers with regard to the solicitation;

(l)  An agreement by the person required to file the statement referred to in

subsection (1) of this section that the person will provide the annual report, specified in section 10-3-804 (12), for so long as control exists;

(m)  An acknowledgment by the person required to file the statement

referred to in subsection (1) of this section that the person and all subsidiaries within its control in the insurance holding company system will provide information to the commissioner upon request as necessary to evaluate enterprise risk to the insurer; and

(n)  Such additional information as the commissioner may by rule prescribe as

necessary or appropriate for the protection of policyholders of the insurer or in the public interest.

(3) (a)  Each person described in subsection (1)(b) of this section shall submit

a set of fingerprints to the commissioner at the time of filing the statement described in subsection (1)(a) of this section. The commissioner shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The employer bears only the actual costs of the record check.

(b)  When the results of a fingerprint-based criminal history record check of a

person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the commissioner shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(4)  If the person required to file the statement referred to in subsection (1) of

this section is a partnership, limited partnership, syndicate, or other group, the commissioner may require the person to give the information called for by paragraphs (a) to (n) of subsection (2) of this section with respect to each partner of the partnership or limited partnership, each member of the syndicate or group, and each person who controls the partner or member. If any partner, member, or person is a corporation or the person required to file the statement referred to in subsection (1) of this section is a corporation, the commissioner may require the corporation to give the information called for by paragraphs (a) to (n) of subsection (2) of this section with respect to the corporation, each officer and director of the corporation, and each person who is directly or indirectly the beneficial owner of more than ten percent of the outstanding voting securities of the corporation. If any material change occurs in the facts set forth in the statement filed with the commissioner and sent to the insurer pursuant to this section, an amendment setting forth the change, together with copies of all documents and other material relevant to the change, shall be filed with the commissioner and sent to the insurer within two business days after the person learns of the change.

(5)  If any offer, request, invitation, agreement, or acquisition referred to in

subsection (1) of this section is proposed to be made by means of a registration statement under the federal Securities Act of 1933, 15 U.S.C. sec. 77a et seq., as amended, or in circumstances requiring the disclosure of similar information under the federal Securities Exchange Act of 1934, 15 U.S.C. sec. 78a et seq., as amended, or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in subsection (1) of this section may utilize such documents in furnishing the information called for by that statement.

(6) (a)  The commissioner shall conduct an independent investigation to

determine the impact of a proposed merger on competition:

(I)  When the proposed merger involves a transaction that the commissioner

determines, under section 10-3-803.5 (4)(b), would present prima facie evidence of a violation of the competitive standard; and

(II)  If the merger or acquisition involves a domestic entity authorized under

article 16 of this title or referenced in section 6-18-302 (1)(b)(IV), C.R.S., or a domestic insurer authorized under section 10-3-102 that writes more than fifty percent of its business as health insurance coverage.

(b)  The investigation must include an analysis of the probable effects of the

merger on consumers and on suppliers of services. The commissioner shall not rely solely on representations of insurers to determine whether the merger will produce economies of scale or economies in resource utilization that cannot be achieved feasibly in any other way. The investigation must also include reviewing the market conduct examination and financial examination reports for this state or any other state, consumer complaint information from records maintained by the division or any other state regulatory agency, and any information from any state or federal agency related to the applicant. The investigation must commence no later than fifteen days after the applicant files the notification referred to in paragraph (e) of subsection (1) of this section.

(c)  The commissioner shall make public the report of the independent

investigation conducted pursuant to this subsection (6) no later than five business days after the submission of the report to the commissioner, subject to the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S.

(d)  The commissioner shall issue an executive summary, subject to the

Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S., of the competitive impact analysis filed by the applicant to the transaction no later than fifteen business days after the analysis is filed with the division. The applicant shall file the competitive impact analysis at the same time the applicant files the notification referred to in paragraph (e) of subsection (1) of this section with the division.

(e)  The commissioner shall make all data and reports pertaining to the

proposed merger and collected or used by the commissioner in his or her investigation and analysis available to the public; except that, in the commissioner's discretion, the commissioner may redact specific items of proprietary information. If the insurer claims that information provided is proprietary, the insurer has the burden of proof on that issue.

(f)  The commissioner shall complete the independent investigation pursuant

to this subsection (6) no later than the day on which the application is deemed complete by the division. The commissioner shall coordinate the completion of the independent investigation with the experts retained pursuant to paragraph (g) of subsection (8) of this section. The applicant shall bear any expenses associated with the independent investigation pursuant to subsection (8) of this section.

(7)  The commissioner shall approve any merger or other acquisition of

control referred to in subsection (1) of this section unless, after an independent investigation pursuant to subsection (6) of this section, and a public hearing on the acquisition, the commissioner finds that:

(a)  After the change of control, the domestic insurer referred to in

subsection (1) of this section would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;

(b)  The effect of the merger or other acquisition of control would be

substantially to lessen competition in insurance in this state or tend to create a monopoly. In applying the competitive standard in this paragraph (b):

(I)  The informational requirements of section 10-3-803.5 (3)(a) and the

standards of section 10-3-803.5 (4)(b) apply;

(II)  The commissioner shall not disapprove the merger or other acquisition if

the commissioner finds that any of the situations meeting the criteria provided by section 10-3-803.5 (4)(c) exist; and

(III)  The commissioner may condition the approval of the merger or other

acquisition on the removal of the basis of disapproval within a specified period of time.

(c)  The financial condition of any acquiring party is such as might jeopardize

the financial stability of the insurer or prejudice the interest of its policyholders;

(d)  The plans or proposals that the acquiring party has to liquidate the

insurer, sell its assets or consolidate or merge it with any person, or make any other material change in its business or corporate structure or management are unfair and unreasonable to policyholders of the insurer and not in the public interest;

(e)  The competence, experience, and integrity of those persons who would

control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer and of the public to permit the merger or other acquisition of control; or

(f)  The acquisition is likely to be hazardous or prejudicial to the insurance-buying public.


(8) (a)  The commissioner shall provide public notice of the filing of an

application for a merger or acquisition no later than five business days after the receipt of the initial application. The commissioner shall also provide a general statement to the public of the process and procedures concerning a merger or acquisition of a domestic insurer. The statement must be a clear and concise statement of how the public may participate in the review of a merger or acquisition transaction, including a public hearing or providing written comments to the commissioner.

(b)  No later than fifteen business days after the initial application for a

merger pursuant to this section, the commissioner and the applicant shall establish the elements of a public notice of the transaction. The commissioner shall publish the notice no later than seven days after the division deems the application to be complete.

(c)  The commissioner shall hold the public hearing referred to in subsection

(7) of this section within thirty days after the statement required by subsection (1) of this section is filed, and the commissioner shall give at least twenty days' notice of the hearing to the person filing the statement. The commissioner shall give not less than seven days' notice of the public hearing pursuant to paragraph (b) of this subsection (8) to the insurer and to the public. The insurer shall give the notice to its security holders. The commissioner shall make a determination within thirty days after the conclusion of the hearing. At the hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments and, in connection therewith, are entitled to conduct discovery proceedings in the same manner as is presently allowed in the district courts of this state. All discovery proceedings must be concluded no later than three days before the commencement of the public hearing.

(d)  The deadline for submission of written public comment to respond to

testimony from the applicant is ten business days after the hearing. The commissioner shall review all responses and provide a report summarizing all public testimony.

(e)  If the proposed acquisition of control will require the approval of a state

other than Colorado in addition to the approval of the commissioner, the public hearing referred to in subsection (7) of this section may be held on a consolidated basis upon request of the person filing the statement referred to in subsection (1) of this section. The person shall file the statement referred to in subsection (1) of this section with the NAIC within five days after making the request for a public hearing. A commissioner may opt out of a consolidated hearing and shall provide notice to the applicant of the opt-out within ten days after the receipt of the statement referred to in subsection (1) of this section. A hearing conducted on a consolidated basis must be public and shall be held within the United States before the commissioners of the states in which the insurers are domiciled. The commissioners shall hear and receive evidence. A commissioner may attend the hearing in person or by telecommunication.

(f)  In connection with a change of control of a domestic insurer, the

commissioner shall make any determination that the person acquiring control of the insurer is required to maintain or restore the capital of the insurer to the level required by the laws and rules of this state not later than sixty days after the date of notification of the change in control submitted pursuant to paragraph (a) of subsection (1) of this section.

(g)  The commissioner may retain, at the acquiring person's expense, any

attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the proposed acquisition of control.

(9)  The insurer shall mail a synopsis of the statement referred to in

subsection (1) of this section, and all notices of public hearings held pursuant to subsection (7) of this section, to its shareholders within five business days after the insurer has received such statements, amendments, other material, or notices filed pursuant to this section. The person making the filing shall bear the expenses of the mailing. As security for the payment of such expenses, the person shall file with the commissioner an acceptable bond or other deposit in an amount to be determined by the commissioner.

(10)  This section does not apply to:


(a)  An exchange of stock of a domestic insurer actually accomplished in

accordance with sections 10-3-604 to 10-3-606, or any preliminary agreement between a domestic insurer and any other corporation entered into in contemplation of the adoption of a plan of exchange under part 6 of this article; or

(b)  An offer, request, invitation, agreement, or acquisition that the

commissioner, by order, exempts from this section as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer, or as otherwise not comprehended within the purposes of this section.

(11)  The following are violations of this section:


(a)  The failure to file any statement, amendment, or other material required

to be filed pursuant to subsection (1) or (2) of this section; or

(b)  The effectuation of, or any attempt to effectuate, an acquisition of

control of, or merger with, a domestic insurer unless the commissioner has given his or her approval to the acquisition or merger.

(12)  The courts of this state have jurisdiction over every person not resident,

domiciled, or authorized to do business in this state who files a statement with the commissioner under this section and over all actions involving the person arising out of violations of this section, and each such person is deemed to have performed acts equivalent to and constituting an appointment by the person of the commissioner to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of a violation of this section. Copies of all such lawful process shall be served on the commissioner and the commissioner shall transmit the process by registered or certified mail to the person at his or her last-known address.

(13)  If the procedures set forth in this section are not followed before the

issuance of the order of the commissioner that approves or disapproves the merger, the aggrieved party may seek remedies pursuant to section 10-3-814.

(14)  Nothing in this section limits the commissioner's ability to conduct a

hearing for transactions that do not meet the requirements in subsection (6) of this section.

Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1323, � 2, effective

July 1. L. 2019: (3) amended, (HB 19-1166), ch. 125, p. 538, � 3, effective April 18. L. 2022: (3)(b) amended, (HB 22-1270), ch. 114, p. 513, � 4, effective April 21.

Editor's note: This section is similar to former � 10-3-803 as it existed prior to

2014.

C.R.S. § 10-3-808

10-3-808. Confidential treatment. (1) (a) Documents, materials, or other information in the possession or control of the division that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 10-3-806 and all information reported pursuant to section 10-3-803 (2)(l) and (2)(m), 10-3-804, or 10-3-805 are proprietary and contain trade secrets and are confidential by law and privileged; are not subject to the Colorado Open Records Act, part 2 of article 72 of title 24; are not subject to subpoena; and are not subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which they pertain unless the commissioner, after giving the insurer and its affiliates who would be affected notice and opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication, in which event the commissioner may publish all or any part of the documents, materials, or other information in such manner as the commissioner deems appropriate.

(b)  For purposes of the information reported and provided to the division

pursuant to section 10-3-804 (12)(b), the commissioner shall maintain the confidentiality of the group capital calculation and group capital ratio produced within the calculation and any group capital information received from an insurance holding company supervised by the federal reserve board or any United States group-wide supervisor.

(c)  For the purposes of the information reported and provided to the division

pursuant to section 10-3-804 (12)(f), the commissioner shall maintain the confidentiality of the liquidity stress test results and supporting disclosures and any liquidity stress test information received from an insurance holding company supervised by the federal reserve board and non-United States group-wide supervisors.

(2)  Neither the commissioner nor any person who received documents,

materials, or other information while acting under the authority of the commissioner or with whom the documents, materials, or other information are shared pursuant to this part 8 shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (1) of this section.

(3)  In order to assist in the performance of the commissioner's duties, the

commissioner:

(a)  May share documents, materials, or other information, including the

confidential and privileged documents, materials, or information subject to subsection (1) of this section and proprietary and trade secret documents and materials, with other state, federal, and international regulatory agencies, with the NAIC, with any third-party consultants designated by the commissioner, and with state, federal, and international law enforcement authorities, including members of a supervisory college described in section 10-3-807, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information or proprietary and trade secret document and material and has verified in writing the legal authority to maintain confidentiality;

(b)  Notwithstanding paragraph (a) of this subsection (3), shall share

confidential and privileged documents, material, or information reported pursuant to section 10-3-804 (12) only with commissioners of states having statutes or regulations substantially similar to subsection (1) of this section and who have agreed in writing not to disclose such information;

(c)  May receive documents, materials, or information, including otherwise

confidential and privileged documents, materials, or information and proprietary and trade secret information, from the NAIC and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material, or information or proprietary and trade secret documents and materials received with notice or the understanding that they are confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information or proprietary and trade secret document and material; and

(d)  Shall enter into written agreements with the NAIC and any third-party

consultant designated by the commissioner governing the sharing and use of information provided pursuant to this part 8 consistent with this subsection (3) that must:

(I)  Specify procedures and protocols regarding the confidentiality and

security of information shared with the NAIC or a third-party consultant designated by the commissioner pursuant to this part 8, including procedures and protocols for sharing by the NAIC with other state, federal, or international regulators. The agreement must state that the recipient agrees to maintain the confidentiality and privileged status of the documents, materials, or other information or proprietary and trade secret documents and materials and has verified in writing the legal authority to maintain such confidentiality.

(II)  Specify that ownership of information shared with the NAIC or a third-party consultant pursuant to this part 8 remains with the commissioner and that the

use of the information by the NAIC or the third-party consultant as designated by the commissioner is subject to the direction of the commissioner;

(II.5)  Excluding documents, material, or information reported pursuant to

section 10-3-804 (12)(f), prohibit the NAIC or a third-party consultant designated by the commissioner from storing the information shared pursuant to this section in a permanent database after the underlying analysis is completed;

(III)  Require prompt notice to be given to an insurer whose confidential

information in the possession of the NAIC or third-party consultant designated by the commissioner pursuant to this part 8 is subject to a request or subpoena to the NAIC or third-party consultant designated by the commissioner for disclosure or production;

(IV)  Require the NAIC or a third-party consultant designated by the

commissioner to consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant designated by the commissioner may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant designated by the commissioner pursuant to this part 8; and

(V)  For documents, materials, or information reported pursuant to section 10-3-804 (12)(f), where there is an agreement involving a third-party consultant,

provide for notification of the identity of the consultant to the applicable insurers.

(4)  The sharing of information by the commissioner pursuant to this part 8

does not constitute a delegation of regulatory authority or rule-making, and the commissioner is solely responsible for the administration, execution, and enforcement of this part 8.

(5)  No waiver of any applicable privilege or claim of confidentiality in the

documents, materials, or information occurs as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.

(6)  Documents, materials, or other information or proprietary and trade

secret documents and materials in the possession or control of the NAIC or a third-party consultant designated by the commissioner pursuant to this part 8 are confidential by law and privileged; are not subject to the Colorado Open Records Act, part 2 of article 72 of title 24; are not subject to subpoena; and are not subject to discovery or admissible in evidence in any private civil action.

(7) (a)  The group capital calculation and resulting group capital ratio

required by section 10-3-804 (12)(b) and the liquidity stress test along with its results and supporting disclosures required by section 10-3-804 (12)(f) are regulatory tools for assessing group risks and capital adequacy and group liquidity risks, respectively, and are not intended as a means to rank insurers or insurance holding company systems generally.

(b) (I)  Except as provided in subsection (7)(b)(II) of this section, any insurer,

broker, or other person engaged in any manner in the insurance business shall not advertise, announce, or state a representation regarding the group capital calculation, group capital ratio, liquidity stress test results, or supporting disclosures for the liquidity stress test of any insurer or any insurer group, or of any component derived in the calculation by directly or indirectly making, publishing, disseminating, circulating, or placing the representation before the public:

(A)  In a newspaper, a magazine, or other publication; or


(B)  In the form of a notice, circular, pamphlet, letter, or poster; or


(C)  Over any radio or television station or any electronic means of

communication available to the public; or

(D)  In any other way as an advertisement.


(II)  An insurer may publish an announcement, advertisement, or statement

described in subsection (7)(b)(I) of this section in a written publication if the sole purpose of the announcement is to rebut the materially false statement when the announcement, advertisement, or statement was published in a written publication and the insurer is able to demonstrate to the commissioner with substantial proof the falsity or inappropriateness of such announcement, advertisement, or statement.

Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1348, � 2, effective

July 1. L. 2024: (1), (3)(a), (3)(c), (3)(d), and (6) amended and (7) added, (HB 24-1321), ch. 252, p. 1667, � 4, effective January 1, 2025.

Editor's note: Subsection (1) is similar to former � 10-3-807 as it existed prior

to 2014.

C.R.S. § 10-3-905

10-3-905. Service of process upon unauthorized company. (1) Any act of entering into a contract of insurance as an insurer, or transacting insurance business in this state, as such term is defined by section 10-3-903, by an unauthorized foreign or alien company is equivalent to and constitutes an appointment by such company of the commissioner to be its true and lawful attorney upon whom may be served all lawful process in any action or proceeding against it arising out of a violation of this part 9, or any action which may arise under the terms of this part 9, and the performance of one or more of such acts is signification of its agreement that any such process against it which is so served is of the same legal force and validity as if served upon the company.

(2) (a)  Service of such process shall be made by delivering and leaving with

the commissioner two copies thereof and the payment to the commissioner of a fee of ten dollars. The commissioner shall promptly mail by certified mail one of the copies of such process to such company at its last-known principal place of business and shall keep a record of all process so served upon the commissioner. Such process is sufficient service upon such company if notice of such service and a copy of the process are, within ten days thereafter, sent by certified mail, by or on behalf of the commissioner, to such company at its last-known principal place of business, and the return receipt of the company or, in the event the company refuses to accept such certified mail, the certified mail with its refusal thereon and the affidavit of compliance herewith by or on behalf of the commissioner is filed with the clerk of the court in which such action or proceeding is pending. The date of filing of the return receipt or refusal and affidavit of compliance constitutes the effective date of service and sufficient proof thereof.

(b)  Notwithstanding the amount specified for the fee in paragraph (a) of this

subsection (2), the commissioner by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(3)  The court in any action or proceeding in which service is made in the

manner provided in subsection (2) of this section may, in its discretion, order such postponement as may be necessary to afford such company reasonable opportunity to defend such action or proceeding.

(4)  Nothing in this section is to be construed to prevent an unauthorized

foreign or alien company from filing a motion to quash a writ or to set aside service thereof made in the manner provided in subsection (2) of this section on the ground that such unauthorized company has not done any of the acts referred to in section 10-3-903.

(5)  No judgment by default shall be entered in any such action or proceeding

until the expiration of thirty days from the date of the filing of the affidavit of compliance.

(6)  Nothing in this section shall limit or affect the right to serve any process,

notice, or demand required or permitted by law to be served upon any company in any other manner permitted by law.

Source: L. 67: p. 870, � 4. C.R.S. 1963: � 72-25-4. L. 71: p. 731, � 1. L. 86: (2)

amended, p. 555, � 5, effective July 1. L. 89: (2) amended, p. 437, � 7, effective July 1. L. 98: (2) amended, p. 1326, � 27, effective June 1.

C.R.S. § 10-4-1003

10-4-1003. Disclosure of information. (1) (a) When any person or insurer has reason to believe that a fire loss may have been caused by other than accidental means or that any insurance claim may be fraudulent, then such person may, and such insurer shall, notify an authorized agency or a secondary agency.

(b)  A notification pursuant to paragraph (a) of this subsection (1) shall be

confidential, shall not constitute a public record under part 2 of article 72 of title 24, C.R.S., and shall not be discoverable or admissible in any civil action.

(c)  No insurer, authorized agency, or secondary agency shall intentionally

refuse to release any relevant information concerning a possible nonaccidental fire loss or fraudulent insurance act, upon request, to:

(I)  An insurer that is or could be required to pay a claim to which such

information relates; or

(II)  Any authorized agency.


(2)  Any authorized agency may, in writing, require the insurer having an

interest in a fire loss or other claim to release to the authorized agency specific, relevant information or evidence deemed important by the authorized agency which the insurer has in its possession and which relates to the fire loss or other claim in question. Relevant information may include, but shall not be limited to:

(a)  Insurance policy information pertaining to a fire loss or other claim under

investigation and any application for such a policy;

(b)  Policy premium payment records;


(c)  History of previous claims made by the insured; and


(d)  Any other material relating to the investigation of the loss, including

statements of any person who may have information about the loss and any proof of such loss.

(3)  Nothing in subsection (1) of this section shall abrogate or impair the

rights or powers created under subsection (2) of this section.

(4)  Any authorized agency or secondary agency provided with relevant

information or evidence pursuant to subsection (1) or (2) of this section may release such information to any other authorized agency, insurer, or secondary agency.

(5)  Any insurer providing information to an authorized or secondary agency

or agencies pursuant to subsection (1) or (2) of this section may, in writing, request such agency to release to such insurer specific, relevant information or evidence relating to the fire loss or other claim under investigation. Such agency may, in its sole discretion, and with such restrictions as such agency deems appropriate, release such information to such insurer.

(6)  Any authorized agency or secondary agency receiving a notice or other

information pursuant to this part 10 may release such notice or other information to other authorized agencies, insurers, or secondary agencies.

(7)  Any insurer providing information pursuant to subsection (1) or (2) of this

section shall cooperate with any law enforcement agency of competent jurisdiction.

(8) (a)  Any person that has reason to believe that a fire loss may have been

caused by other than accidental means, that any insurance claim or application for insurance coverage may be fraudulent, or that a fraudulent insurance act has been committed, may, and any insurer that has reason to believe the same shall, furnish and disclose any relevant information in its possession concerning such loss, claim, or act to any insurer or authorized agency for the purpose of detecting, prosecuting, or preventing fraudulent insurance claims. Such reporting shall be confidential, shall not be a public record under article 72 of title 24, C.R.S., and shall not be discoverable or admissible under the Colorado rules of civil procedure in any civil litigation, but only to the extent that the insurer or person disclosing the information is granted immunity under section 10-4-1005. The immunity as set forth in section 10-4-1005 shall apply to any report made pursuant to this subsection (8). The commissioner of insurance may promulgate rules regarding such reporting.

(b)  Paragraph (a) of this subsection (8) shall not be construed to prohibit the

admission of evidence of a fraudulent insurance act:

(I)  In any civil litigation involving such fraudulent insurance act; or


(II)  In any civil litigation involving the alleged disclosure of information as to

which the insurer or person alleged to have made such disclosure does not have immunity under section 10-4-1005.

(c)  An insurer disclosing information to another insurer under this subsection

(8) may make a written request to such other insurer for the release of information relating to other fire losses, insurance claims, or applications for coverage submitted by the same insured or applicant; except that such request and any such release of information shall be solely for the purpose of detecting, investigating, preventing, or prosecuting an actual or suspected fraudulent insurance act. Information so provided shall not be used for underwriting or rating purposes except in connection with an application or policy under which a fraudulent insurance act was committed. Information released pursuant to such request shall be subject to the confidentiality and immunity provisions of paragraph (a) of this subsection (8).

Source: L. 79: Entire part added, p. 391, � 1, effective June 7. L. 93: Entire part

amended, p. 394, � 3, effective July 1. L. 94: (1) amended, p. 328, � 2, effective July 1. L. 96: (8) added, p. 289, � 4, effective July 1. L. 2000: (1) and (8) amended, p. 1734, � 2, effective June 1. L. 2013: (1)(a), IP(1)(c), (4), (5), and (6) amended, (HB 13-1262), ch. 310, p. 1638, � 2, effective August 7.

C.R.S. § 10-4-110.3

10-4-110.3. Exclusions where claim involves sexual misconduct - void. (1) No insurer, in a policy of professional malpractice insurance, shall attempt to nullify or limit its stated liability with regard to claims not relating to sexual misconduct in cases where:

(a)  There is an allegation or proof of a claim of sexual misconduct by the

insured; and

(b)  The policy requires aggregation of all damages under the liability limit for

sexual misconduct.

(2)  Any policy provision that violates subsection (1) of this section is hereby

declared contrary to public policy and is void and unenforceable.

(3)  This section shall not apply to nonadmitted insurers approved pursuant to

article 5 of this title.

Source: L. 95: Entire section added, p. 865, � 1, effective May 24.

C.R.S. § 10-4-110.8

10-4-110.8. Homeowner's insurance - prohibited and required practices - estimates of replacement value - additional living expense coverage - copies of policies - personal property contents coverage - inventory of personal property - requirements concerning total loss scenarios resulting from wildfire disasters - definitions - rules. (1) An insurer may not cancel or fail to renew coverage of an insured solely because the insured inquires about coverage for homeowner's insurance and the inquiry is not related to an actual claim to the property insured.

(2)  An insurer may only provide information regarding claims to an entity

that compiles or monitors personal claim or loss experience shared by insurers for underwriting or rating purposes.

(3)  As used in this section, unless the context otherwise requires:


(a)  Additional living expense coverage or ALE covers increased living

expenses during the time required to repair or replace damage to the policyholder's dwelling unit following an insured loss or, if the policyholder permanently relocates, the time required to move the policyholder's household to a new location.

(b)  Claim includes a demand for payment of a benefit by the insured, the

payment of a covered benefit by an insurer, a loss reserve established by the insurer, a loss adjustment expense incurred by the insurer, or a payment made to the insured.

(c)  Dwelling means a single-family home, other than a mobile home,

condominium, or manufactured home, that is used as a primary residence by the owner of the dwelling.

(d)  Extended replacement cost coverage pays a designated amount above

the policy limit to replace a damaged structure if necessary under current building conditions.

(d.7)  Inflation protection coverage means coverage that provides

automatic adjustments of the coverage amount on the dwelling or structure being insured to protect against the impact of inflation.

(e)  Inquiry means a request for information regarding the terms, conditions,

or coverages afforded under an insurance contract.

(f)  Law and ordinance coverage means coverage for increased costs of

demolition, construction, renovation, or repair associated with the enforcement of building ordinances and laws.

(g) (I)  Owner-occupied residence means a residence that is occupied

primarily for the use of the owner and the owner's designees.

(II)  Owner-occupied residence includes, but is not limited to, an owner-occupied primary residence.


(III)  Owner-occupied residence does not include any property that is

insured under a commercial insurance or agribusiness policy.

(h)  Recoverable depreciation means the difference between the cost to

replace insured property and the actual cash value of the property.

(i)  Wildfire means a rapidly spreading fire that is difficult to bring under

control in an area that includes combustible vegetation, such as trees, grass, brush, or bushes, which fire causes widespread or severe damage to property, regardless of the original source of ignition of the fire.

(4)  Every insurer issuing a policy of homeowner's insurance shall comply

with section 10-3-1104 (1)(h) and all other provisions of part 11 of article 3 of this title.

(5) (a)  In a common interest community, as defined in section 38-33.3-103

(8), C.R.S., a unit owner may file a claim against the policy of the unit owners' association to the same extent, and with the same effect, as if the unit owner were a named insured if the following conditions are met:

(I)  The unit owner has contacted the executive board or the association's

managing agent in writing, and in accordance with any applicable association policies or procedures for owner-initiated insurance claims, regarding the subject matter of the claim;

(II)  The unit owner has given the association at least fifteen days to respond

in writing, and, if so requested, has given the association's agent a reasonable opportunity to inspect the damage; and

(III)  The subject matter of the claim falls within the association's insurance

responsibilities.

(b)  The association's insurer, when determining premiums to be charged to

the association, shall not take into account any request by a unit owner for a clarification of coverage.

(6) (a) (I)  Before issuance or renewal of a replacement-cost homeowner's

insurance policy whose dwelling limit is equal to or greater than the estimated replacement cost of the residence, the insurer shall make available to an applicant the opportunity to obtain extended replacement-cost coverage and law and ordinance coverage. At a minimum, the insurer shall offer law and ordinance coverage in an amount of insurance equal to twenty percent of the limit of the insurance for the dwelling and extended replacement-cost coverage in an amount of insurance that is at least fifty percent of the limit of the insurance for the dwelling. Information provided must be accompanied by an explanation of the purpose, terms, and cost of these coverages. This subsection (6)(a) does not apply to any homeowner's insurance policy that already includes guaranteed replacement cost coverage, inflation protection coverage, extended replacement-cost coverage, or law and ordinance coverage in amounts greater than or equal to the amounts specified in this subsection (6)(a).

(II)  No later than January 1, 2025, and as prescribed by the commissioner by

rule, the insurer shall:

(A)  List on the declaration page of the policy, in bold and in twelve-point

type, whether a consumer purchased or rejected the additional coverages listed in this subsection (6)(a); and

(B)  Provide the premium cost associated with the rejected additional

coverages listed in this subsection (6)(a) in a separate notice with the application or renewal of the policy.

(b)  All homeowner's insurance replacement-cost policies for a dwelling must

include additional living expense coverage. This coverage must be available for a period of at least twelve months and is subject to other policy provisions. Insurers shall offer policyholders the opportunity to purchase a total of twenty-four months of ALE coverage and give an applicant an explanation of the purpose, terms, and cost of this coverage. This paragraph (b) does not apply to any homeowner's insurance policy that already includes at least twenty-four months of ALE coverage as a standard provision.

(7) (a)  The text of all endorsements, summary disclosure forms, and

homeowner's insurance policies must not exceed the tenth-grade reading level, as measured by the Flesch-Kincaid grade level formula, or must not score less than fifty as measured by the Flesch reading ease formula. Insurers shall revise all homeowner's insurance policies issued or renewed in Colorado on or after January 1, 2015, to comply with this subsection (7). Thereafter, all homeowner's insurance policies must comply with this subsection (7).

(b)  For the purposes of this subsection (7):


(I)  A contraction, hyphenated word, or numbers and letters, when separated

by spaces, count as one word;

(II)  A unit of words ending with a period, semicolon, or colon, but excluding

headings and captions, count as a sentence; and

(III)  A syllable means a unit of spoken language consisting of one or more

letters of a word as divided by an accepted dictionary. If the dictionary shows two or more equally acceptable pronunciations of a word, a pronunciation containing fewer syllables may be used.

(IV)  Text includes all printed matter except the following:


(A)  The name and address of the insurer; the name, number, or title of the

policy; the table of contents or index; captions and subcaptions; and specification pages, schedules, or tables; and

(B)  Any policy language that is drafted to conform to the requirements of a

federal law or regulation; any policy language required by a collectively bargained agreement; any medical terminology; any words that are defined in the policy; and any policy language required by law or regulation if the insurer identifies the language or terminology excepted and certifies in writing that the language or terminology is entitled to be excepted.

(8)  The insurer must consider the following factors as a basis for

establishing the reconstruction cost of a dwelling:

(a)  The reconstruction cost estimated from the annual report prepared

pursuant to section 10-1-144;

(b)  The reconstruction cost estimating software used and the software

estimate;

(c)  Specific reconstruction expenses, including:


(I)  Labor, building materials, and supplies;


(II)  A contractor's overhead and profit;


(III)  Demolition and debris removal;


(IV)  Cost of permits and architect's plans and fees; and


(V)  Features of the structure, including:


(A)  The foundation type;


(B)  The type of frame;


(C)  Roofing materials and type of roof;


(D)  Siding materials and type of siding;


(E)  Square footage;


(F)  Number of stories;


(G)  Any wall heights that are not standard;


(H)  Interior features and finishes, such as the heating and air conditioning

system, walls, flooring, ceiling, fireplaces, kitchen, and bathrooms;

(I)  The age of the original structure or the year of the original structure's

construction; and

(J)  The size and type of any attached garage; and


(d)  An estimate from a contractor or an architect licensed pursuant to article

120 of title 12, if submitted by the policyholder.

(9)  At renewal of a homeowner's insurance policy, the insurer shall provide

written notification to the policyholder describing changes in insurance policy language that are applicable to that renewal period.

(9.5) (a)  At application and renewal of a replacement-cost homeowner's

insurance policy for a dwelling that is issued or renewed on and after January 1, 2025, the insurer shall:

(I)  Provide the applicant or policyholder with an estimate of the cost

necessary to reconstruct the covered structure;

(II)  Disclose to the applicant or policyholder, in a form and manner prescribed

by the commissioner by rule:

(A)  How the estimate was calculated, taking into account the factors listed

in subsection (8) of this section; and

(B)  The reconstruction costs for homes as detailed in the annual report

required in section 10-1-144 for the same geographic area of the insured's home;

(III)  Provide copies of any generated estimates from any software or tools or

services used by the insurer to establish the reconstruction costs; and

(IV)  Provide the applicant or policyholder with the web address of, or a link

to, the report prepared pursuant to section 10-1-144.

(b)  An insurer otherwise subject to this subsection (9.5) does not have to

comply with the requirements of this subsection (9.5) if:

(I)  Within the two years prior to the offer of renewal of the homeowner's

insurance policy, the policyholder has requested and the insurer has provided coverage limits greater than the limits previously selected by the policyholder; or

(II)  In connection with its annual offer to renew the policy, the insurer has

offered the policyholder, on an every-other-year basis, the right to recalculate the reconstruction cost estimate, and the policy includes inflation protection coverage.

(10) (a)  A homeowner's insurance carrier shall make available to a

policyholder an electronic or paper copy of the policyholder's insurance policy, including the declaration page and any endorsements, within three business days after a request from the policyholder. The policyholder shall determine the method of delivery.

(b)  A homeowner's insurance carrier shall make available to a policyholder a

certified copy of the policyholder's insurance policy within thirty calendar days after a written request from the policyholder is received by the insurance carrier's registered agent.

(c) (I)  A homeowner's insurance carrier that fails to make available a certified

copy of an insurance policy to a requesting policyholder within thirty calendar days pursuant to subsection (10)(b) of this section is liable to the requesting policyholder for a penalty in the amount of fifty dollars per day, beginning on the thirty-first calendar day after the insurance carrier's registered agent receives the policyholder's request. The penalty accrues daily until the insurance carrier makes the certified copy of the homeowner's insurance policy available to the requesting policyholder.

(II)  A homeowner's insurance carrier that violates subsection (10)(b) of this

section is responsible for reasonable attorney fees and costs that a requesting policyholder incurs enforcing this subsection (10)(c).

(11) (a)  In the event of a total loss of the contents of an owner-occupied

primary residence that was furnished at the time of loss, the insurer shall offer the policyholder a minimum of thirty percent, or a larger percent by mutual agreement of the policyholder and insurer, of the value of the contents coverage reflected in the declaration page of the homeowner's policy without requiring submittal of a written inventory of the contents. In order to receive up to the full value of the contents coverage, the policyholder may accept the offer under this paragraph (a) and submit a written inventory as required by the insurer.

(b)  If the policyholder receives the depreciated value of contents insured

under a policy, the insurer must make available to the insured the methodology used for determining the depreciated value of the insured contents.

(c) (I)  An insurer shall allow the policyholder at least three hundred sixty-five

days after a total loss claim to submit an inventory of lost or damaged property.

(II)  An insurer shall allow the policyholder at least three hundred sixty-five

days after expiration of ALE to replace property and receive recoverable depreciation on that property.

(12) (a)  Notwithstanding any provision of a homeowner's insurance policy

that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law, a homeowner may file such a suit within the period of time allowed by the applicable statute of limitations; except that this paragraph (a):

(I)  Does not revive a cause of action that, as of May 10, 2013, has already

been barred by contract; and

(II)  Applies only to a cause of action that, as of May 10, 2013, has not been

barred by contract.

(b)  On and after January 1, 2014, an insurer shall not issue or renew a

homeowner's insurance policy that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law.

(13)  In offering, issuing, or renewing a homeowner's insurance policy in this

state, an insurer shall comply with the following minimum requirements concerning coverage provided under the policy to policyholders to protect them from damages that occur in the event of a total loss of an owner-occupied residence, including the contents of the owner-occupied residence, which loss occurs as a result of a wildfire disaster that the governor declares pursuant to section 24-33.5-704:

(a)  A policy of homeowner's insurance may not limit or deny a payment of the

building code upgrade cost or a payment of any extended replacement cost available under the policy coverage for a policyholder's structure that was a total loss on the basis that the policyholder decided to rebuild in a new location or to purchase an existing structure in a new location if the policy otherwise covers the replacement cost or building code upgrade cost; except that the measure of indemnity may not exceed the replacement cost, including the upgrade costs and extended replacement cost for repairing, rebuilding, or replacing the structure at the original location of the loss.

(b)  If a policy of homeowner's insurance requires a policyholder to repair,

rebuild, or replace damaged or lost property in order to collect the full replacement cost for the property, the insurer, subject to the policy limits, shall:

(I)  Allow the policyholder at least thirty-six months to submit receipts and

invoices for the replacement costs of the insured owner-occupied residence, which period begins on the date upon which the insurer provides the initial payment toward the actual cash value of the damage or loss; and

(II)  Provide that, in addition to the period described in subsection (13)(b)(I) of

this section, the policyholder has the option to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters unavoidable delays in obtaining a construction permit, lacks necessary construction materials, lacks available contractors to perform necessary work, or encounters other circumstances beyond the policyholder's control. This subsection (13)(b)(II) does not prohibit an insurer from allowing a policyholder additional time to collect the full replacement cost for lost or damaged property or for additional living expenses.

(c)  The policy must include additional living expense coverage to apply in the

event of such a loss. Notwithstanding subsection (6)(b) of this section, additional living expense coverage must be available for a period of at least twenty-four months, and the insurer shall offer the policyholder the opportunity to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters a delay or delays in receiving necessary permit approvals for, or reconstruction of, the insured owner-occupied residence, which delays are beyond the control of the policyholder.

(d)  The policy must provide that, notwithstanding subsection (11)(c) of this

section, to replace personal property and receive recoverable depreciation on that property, an insurer shall allow the policyholder the greater of:

(I)  At least three hundred sixty-five days after the expiration of ALE; or


(II)  Thirty-six months after the insurer provides the policyholder the first

payment toward the actual cash value of such loss.

(e)  The policy must provide that the insurer will pay the policyholder for the

loss of use of the insured property within twenty days after the insurer receives documentation of such loss, which documentation may include a signed lease that obligates the policyholder to pay for temporary replacement housing; except that:

(I)  If a policyholder provides a signed lease as documentation, the insurer

may pay the policyholder in monthly or other increments, in accordance with the terms of the lease; and

(II)  Alternatively, an insurer may provide advance rent payments for housing

for the policyholder, family members, livestock, and pets, as necessary.

(f)  The policy must provide that the policyholder may either:


(I)  Replace the insured owner-occupied residence at the current location or

another location, in either of which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the replacement residence is located; or

(II)  Use the proceeds from the policy to purchase an existing residence at a

new location, in which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the existing residence is located.

(g)  The policy must allow a policyholder to use claims payments resulting

from coverage against the loss of outbuildings, dwelling extensions, and other structures to pay the costs of a replacement residence if the coverage limit that applies to the policyholder's owner-occupied residence is insufficient to pay for rebuilding or replacing the owner-occupied residence. Any claims payments for losses pursuant to this subsection (13)(g) for which replacement cost coverage is applicable shall be for the full replacement value of the loss without requiring actual replacement of the other structures. Claims payments for other structures in excess of the amount applied toward the necessary cost to rebuild or replace the damaged or destroyed dwelling shall be paid according to the terms of the policy.

(h)  Within a reasonable amount of time after receiving a claim under an

issued policy, an insurer shall provide to the policyholder:

(I)  Appropriate contact information that allows for direct contact with either

an employee of the insurer or a representative who is capable of elevating complaints or inquiries to an employee of the insurer;

(II)  At least one means of communication during regular business hours; and


(III)  A written status report if, within a six-month period, the policyholder is

assigned a third or subsequent adjuster to be primarily responsible for a claim. The written status report must include a summary of any decisions or actions that are substantially related to the disposition of a claim, including the amount of losses to structures or contents, the retention or consultation of design or construction professionals, the amount of coverage for losses to structures or contents, and all items of dispute.

(14)  If a homeowner's insurance policyholder experiences a total loss of the

contents of an owner-occupied residence that was documented as being furnished at the time of loss as a result of a wildfire disaster that is declared by the governor pursuant to section 24-33.5-704, the insurer shall:

(a)  Notwithstanding subsection (11)(a) of this section, offer the policyholder a

minimum of sixty-five percent, or a larger percent by mutual agreement of the policyholder and insurer, of the limit of the contents coverage indicated in the declaration page of the policy without requiring the policyholder to submit a written inventory of the contents;

(b)  Notify the policyholder that:


(I)  Acceptance of the money described in subsection (14)(a) of this section

does not change the benefits available under the policy;

(II)  Additional money may be available if the policyholder submits an

inventory; and

(III)  The insurer is required, pursuant to subsection (11)(b) of this section, to

disclose its methodology for determining the depreciated value of the contents of insured property;

(c) (I)  If the policyholder submits an inventory of personal property losses in

an amount that exceeds the amount paid to the policyholder pursuant to subsection (14)(a) of this section:

(A)  Request any additional information concerning the inventory no later

than thirty days after receiving the inventory; and

(B)  Provide payment for any covered and undisputed items within thirty days

after receiving the inventory.

(II)  The commissioner shall adopt rules to simplify the process for

policyholders to submit an inventory for personal property losses and expedite reimbursement for such losses.

(d)  Provide payment for covered costs associated with the removal of debris

within sixty days after receiving an invoice, receipt, or other documentation indicating the date and cost of the removal of the debris; except that, in cases where debris removal is conducted by, or in coordination with, governmental entities, payment for covered costs for removal of debris will be provided within a reasonable amount of time; and

(e)  Provide payment for any covered loss of trees, shrubs, and landscaping

within thirty days after the insurer receives documentation of such loss, such as documentation from a reputable landscaping company, showing the number and nature of trees, shrubs, and landscaping features damaged or destroyed.

(15)  The commissioner may adopt rules as necessary to implement this

section, including rules regarding:

(a)  The information that insurers must consider in estimating reconstruction

costs;

(b)  The use of reconstructing cost estimator tools and services; and


(c)  The requirements to provide information in the summary disclosure form

to consumers that explains replacement cost coverage, actual cash value coverage, and the ability of consumers to purchase affordable coverage.

(16) (a)  An insurer shall not refuse to issue, cancel, refuse to renew, or

increase a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on the breed or mixture of breeds of a dog that is kept at the dwelling, multifamily unit, or structure used as a residence.

(b)  This subsection (16) does not prohibit an insurer from refusing to issue,

canceling, refusing to renew, or imposing a reasonable increase to a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on sound underwriting and actuarial principles on the basis that a particular dog kept at the dwelling, multifamily unit, or structure used as a residence is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.

(c)  An insurer may not ask or otherwise inquire about the specific breed or

mixture of breeds of a dog that is kept at the dwelling except to ask if the dog is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.

(d)  As used in this subsection (16), dwelling includes a dwelling unit as

defined in section 38-12-502 (3).

Source: L. 2004: Entire section added, p. 1972, � 3, effective August 4; entire

section added, p. 1981, � 2, effective January 1, 2005. L. 2005: (3) and (4) amended and (5) added, p. 1390, � 20, effective January 1, 2006. L. 2006: (5) amended, p. 1226, � 16, effective May 26. L. 2013: (12) added, (HB 13-1225), ch. 183, p. 672, � 2, effective May 10; (3) amended and (6) to (11) added, (HB 13-1225), ch. 183, p. 672, � 2, effective January 1, 2014. L. 2022: IP(3) and (3)(g) amended and (3)(h), (3)(i), (13), (14), and (15) added, (HB 22-1111), ch. 305, p. 2204, � 1, effective August 10. L. 2023: (3)(d.7) and (9.5) added and (6)(a) and (15) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective August 7; (16) added, (HB 23-1068), ch. 416, p. 2463, � 2, effective January 1, 2024; (8) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective January 1, 2025. L. 2025: (10) amended, (HB 25-1322), ch. 406, p. 2315, � 1, effective August 6; (16)(a) and (16)(b) amended, (HB 25-1207), ch. 224, p. 1025, � 1, effective August 6.

Editor's note: (1)  Section 2(2) of chapter 406 (HB 25-1322), Session Laws of

Colorado 2025, provides that the act changing this section applies to requests made on or after August 6, 2025.

(2)  Section 3(2) of chapter 224 (HB 25-1207), Session Laws of Colorado

2025, provides that section 1 of the act changing this section applies to insurance policies issued or renewed on or after August 6, 2025.

Cross references: (1)  In 2013, subsection (3) was amended and subsections

(6) to (12) were added by the Homeowner's Insurance Reform Act of 2013. For the short title, see section 1 of chapter 183, Session Laws of Colorado 2013.

(2)  For the legislative declaration in HB 23-1068, see section 1 of chapter

416, Session Laws of Colorado 2023.

C.R.S. § 10-4-113

10-4-113. Exemptions. (1) The commissioner shall have authority to grant reasonable exemptions from the provisions of sections 10-4-107, 10-4-108 (1), 10-4-109 (1), 10-4-109.5, 10-4-109.7, 10-4-110 (1), and 10-4-110.5 if compliance therewith is shown to be impracticable. Such exemptions may be granted to individual companies or by insurance line, type, or class and may be based on any of the following reasons:

(a)  If the primary insurer, due to forces outside its control, has lost all or a

significant portion of its reinsurance and the insurer can provide proof that the continuance of coverage or the continuance of the same premium and coverage would endanger the direct insurer's solvency;

(b)  If a policy issued in this state covers risks with multistate locations,

except with respect to coverages applicable to locations within this state;

(c)  If the insurer is obligated and fails to send advance notice of cancellation

or nonrenewal to any designated mortgagee or loss payee or motor carrier commission;

(d)  If the insured has replaced his coverage or has specifically requested

cancellation. The insurer must maintain in its file properly documented proof that termination was made at the request of the insured. This applies also to reduction in coverage specifically requested by the insured.

(e)  If the policy has been in effect for less than sixty days at the time the

notice is mailed or delivered, unless the policy is a renewal policy, and there has been a material misrepresentation or nondisclosure to the insurer of a material fact at the time of acceptance of the risk;

(f)  If the policy is a policy written for a period of less than six months or a

binder with a specific expiration date and the insured knows in advance that coverage will not be continued on expiration;

(g)  If an insurer has become insolvent and cancellation is ordered by a

rehabilitator or liquidator;

(h)  If a risk is canceled and rewritten with the same insurer in order to obtain

common expiration dates;

(i)  If a named insured fails to comply with loss control recommendations

which the insured agreed would be implemented as a condition of issuance of the policy;

(j)  Such other exemptions as the commissioner may determine are

reasonable and necessary; or

(k)  If the insurer is providing coverage for exempt commercial policyholders,

as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section.

Source: L. 86: Entire section added, p. 578, � 1, effective July 1. L. 99: (1)(k)

added, p. 390, � 18, effective January 15, 2000.

C.R.S. § 10-4-1506

10-4-1506. Termination of portable electronics insurance. (1) Notwithstanding any other provision of law:

(a) (I)  Except as specified in subparagraphs (II) and (III) of this paragraph (a),

an insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the vendor and enrolled customers with at least thirty days' notice.

(II)  An insurer may terminate an enrolled customer's enrollment under a

portable electronics insurance policy upon fifteen days' notice for nonpayment of premium or for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim under the policy.

(III)  An insurer may immediately terminate an enrolled customer's enrollment

under a portable electronics insurance policy:

(A)  If the enrolled customer ceases to have an active service with the vendor

of portable electronics; or

(B)  If an enrolled customer exhausts the aggregate limit of liability, if any,

under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty calendar days after exhaustion of the limit. If notice is not timely sent, enrollment continues notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.

(b)  If the insurer changes the terms and conditions, then the insurer shall

provide the vendor with a revised policy or endorsement and shall provide each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred and a summary of the material changes;

(c)  When a vendor terminates a portable electronics insurance policy, the

vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The insurer shall mail or deliver written notice to the enrolled customer at least thirty days before the termination.

(d) (I)  Whenever notice or correspondence with respect to a policy of

portable electronics insurance is required pursuant to this part 15 or is otherwise required by law, the insurer, vendor, or other person shall send it in writing within the notice period, if any, specified within the statute or rule requiring the notice or correspondence. Notwithstanding any other provision of law, an insurer, vendor, or other person may send notices and correspondence by either mail or electronic means.

(II)  If the notice or correspondence is mailed, the insurer shall send it to the

vendor at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last-known mailing addresses on file with the insurer. The insurer or vendor shall maintain proof of mailing in a form authorized or accepted by the United States postal service or other commercial mail delivery service.

(III)  If the notice or correspondence is sent by electronic means, the insurer

shall send it to the vendor at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last-known electronic mail addresses as provided by each enrolled customer to the insurer or vendor. The insurer or vendor shall maintain proof that the notice or correspondence was sent.

(IV)  For purposes of this paragraph (d), an enrolled customer's provision of

an electronic mail address to the insurer or vendor is consent to receive notices and correspondence by electronic means.

(e)  The supervising entity appointed by the insurer may send notice or

correspondence required by this section or otherwise required by law on behalf of an insurer or vendor.

Source: L. 2012: Entire part added, (HB 12-1071), ch. 25, p. 72, � 1, effective

January 1, 2013.

C.R.S. § 10-4-1604

10-4-1604. Obligations of reimbursement insurance companies. (1) Insurers issuing reimbursement insurance policies to providers are deemed to have received the premiums for this insurance upon the payment of provider fees by consumers for service contracts issued by the insured providers.

(2)  If the provider does not provide covered service within sixty days after

proof of loss by the service contract holder, the contract holder may apply directly to the reimbursement insurance company.

(3)  This part 16 does not prevent or limit the right of a reimbursement

insurance company that issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the reimbursement insurance company pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract.

(4)  An insurer that issued a reimbursement insurance policy to a provider

shall not terminate the policy until a notice of termination has been mailed or delivered to the insured provider as required by applicable law with a copy of the notice provided to the commissioner. The termination of a reimbursement insurance policy does not reduce the issuer's responsibility for service contracts issued by providers prior to the date of the termination.

Source: L. 2014: Entire part added, (HB 14-1199), ch. 204, p. 746, � 2,

effective January 1, 2015.

C.R.S. § 10-4-1606

10-4-1606. Required disclosures - service contracts. (1) Service contracts marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state must be written, printed, or typed in clear, understandable language that is easy to read.

(2)  Service contracts insured under a reimbursement insurance policy must

contain a statement in substantially the following form: Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy. The service contract must also state the name and address of the reimbursement insurance company and disclose to the consumer that if the service contract provider does not provide a covered service within sixty days after proof of loss by the service contract holder, the contract holder may apply directly to the reimbursement insurance company.

(3)  Service contracts not insured under a reimbursement insurance policy

must contain a statement in substantially the following form: Obligations of the provider under this service contract are backed by the full faith and credit of the provider.

(4) (a)  Service contracts must identify the following:


(I)  The name and address of the provider;


(II)  The identity of any administrator, if different from the provider;


(III)  The service contract seller; and


(IV)  The service contract holder to the extent that the name of the service

contract holder has been furnished by the service contract holder.

(b)  The identities of the parties in this subsection (4) are not required to be

preprinted on the service contract and may be added to the service contract at the time of sale.

(5)  Service contracts must state the total purchase price and the terms

under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.

(6)  In addition to the other requirements of this section, a service contract

must:

(a)  Identify the consumer goods covered by the contract;


(b)  State the existence of any deductible amount, if applicable;


(c)  Specify the merchandise and services to be provided and any limitations,

exceptions, or exclusions;

(d)  State whether the use of a nonoriginal manufacturer's part is allowed;


(e)  State any restrictions governing the transferability of the service

contract, if applicable;

(f)  State the terms, restrictions, or conditions governing cancellation of the

service contract, either by the provider or the service contract holder, prior to the termination or expiration date of the service contract;

(g)  Set forth all of the obligations and duties of the service contract holder,

such as the duty to protect against any further damage and any requirement to follow the owner's manual; and

(h)  State whether or not the service contract provides for or excludes

consequential damages or preexisting conditions, if applicable.

Source: L. 2014: Entire part added, (HB 14-1199), ch. 204, p. 747, � 2, effective

January 1, 2015.

C.R.S. § 10-4-1704

10-4-1704. Disclosures to occupant. (1) Before issuing a policy under this part 17, a self-storage retailer shall provide an occupant with a written self-storage insurance policy or self-storage insurance certificate that:

(a)  Summarizes clearly and correctly the material terms of coverage offered

to the occupant, including the identity and contact information of both the insurer and the supervising entity;

(b)  States the benefits of coverage;


(c)  States that the self-storage insurance being offered may provide a

duplication of insurance coverage already provided by a homeowner's insurance policy or other source of coverage in effect for the occupant. The statement must include a space that allows the occupant to write the occupant's initials to signify the occupant's acknowledgment and understanding of the potential duplication referenced in this subsection (1)(c). The retailer shall specifically bring the potential duplication referenced in this subsection (1)(c) and the opportunity to write the occupant's initials to the occupant's attention by orally offering the occupant an opportunity to read the statement and write the occupant's initials in the space provided.

(d)  States the deductible of the self-storage insurance coverage and

describes the process for filing a claim;

(e)  States whether the policy covers flood damage to stored property; and


(f)  States that the self-storage retailer can answer general information

about the self-storage insurance offered, including a description of the coverage and premium, but is neither qualified nor authorized to answer technical questions about the terms and conditions of the self-storage insurance offered and disseminated by the supervising entity or to evaluate the adequacy of the occupant's existing insurance coverage, if any.

(2)  If the self-storage rental agreement requires the occupant to provide

proof of insurance, this insurance coverage requirement may be satisfied if the occupant:

(a)  Purchases this coverage from a self-storage retailer; or


(b)  Provides evidence of this coverage from another source.


Source: L. 2017: Entire part added, (HB 17-1263), ch. 368, p. 1917, � 1,

effective August 9.

C.R.S. § 10-4-1708

10-4-1708. Notification. (1) Notwithstanding any other provision of law:

(a) (I)  Whenever written notice or correspondence with respect to a policy is

required, the insurer shall send the notice within the notice period, if any, specified by law and may send notices and correspondence by either mail or electronic means. For purposes of this subsection (1)(a)(I), an occupant's provision of an email address to the insurer or supervising entity is consent to receive written notices and correspondence by electronic means.

(II)  If the written notice is mailed, the insurer shall send it to the supervising

entity at the supervising entity's address as well as to the last-known address of the occupant and shall maintain proof of mailing in a form authorized or accepted by the United States postal service or other commercial mail delivery service.

(III)  If the written notice is sent by electronic means, the insurer shall send it

to the supervising entity at the supervising entity's email address and to the occupant's last-known email address as provided by the occupant and shall maintain proof that the written notice was sent.

(b)  A supervising entity may send any notice or correspondence required by

this section or otherwise required by law on behalf of the insurer or self-storage retailer.

Source: L. 2017: Entire part added, (HB 17-1263), ch. 368, p. 1919, � 1,

effective August 9.

C.R.S. § 10-4-1810.5

10-4-1810.5. Immunity - exceptions - remedies. (1) A member insurer, the FAIR plan association and its agents or employees, the board of directors, and the commissioner or the commissioner's representatives are immune for any action taken by them in the performance of their powers and duties under this part 18.

(2) (a)  The exclusive causes of action and remedies available to a

policyholder of a FAIR plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing.

(b)  A claim for breach of the common law covenant of good faith and fair

dealing against the association requires proof that the association acted unreasonably and that the association knew or recklessly disregarded that the association's actions were unreasonable.

(c)  Damages in an action for a breach of the covenant of good faith and fair

dealing are limited to compensatory damages for economic and noneconomic losses. A court may award punitive damages only if the association's breach was accompanied by circumstances of fraud, malice, or willful and wanton conduct.

(d)  If a policyholder successfully proves that the association breached the

covenant of good faith and fair dealing, the policyholder is entitled to attorney fees and costs. If the court finds that an action brought pursuant to this section was frivolous, as provided in article 17 of title 13, the court shall award costs and attorney fees to the association.

Source: L. 2025: Entire section added, (HB 25-1205), ch. 81, p. 339, � 2,

effective April 17.

C.R.S. § 10-4-1906

10-4-1906. Sales practices - definition. (1) Any person offering travel insurance to residents of this state is subject to part 11 of article 3 of this title 10, except as otherwise provided in this section. In the event of a conflict between this part 19 and other provisions of this title 10 regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this part 19 control.

(2)  Offering or selling a travel insurance policy that could never result in

payment of any claims for any insured under the policy is an unfair or deceptive practice pursuant to section 10-3-1104.

(3) (a)  All documents provided to consumers prior to the purchase of travel

insurance, including but not limited to sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy itself, including but not limited to forms, endorsements, policies, rate filings, and certificates of insurance.

(b)  For travel insurance policies or certificates that contain preexisting

condition exclusions, the person offering the policy or certificate shall provide information and an opportunity to learn more about the preexisting condition exclusions at any time prior to the time of purchase and in the coverage's fulfillment materials.

(c) (I)  As used in this subsection (3)(c), delivery means handing fulfillment

materials to the policyholder or certificate holder or sending fulfillment materials by mail or electronic means to the policyholder or certificate holder.

(II)  The fulfillment materials and the information described in section 10-2-414.5 (2)(b)(I) to (2)(b)(IV) shall be provided to a policyholder or certificate holder as

soon as practicable following the purchase of a travel protection plan.

(III)  Unless the insured has either started a covered trip or filed a claim under

the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least:

(A)  Fifteen days following the date of delivery of the travel protection plan's

fulfillment materials by mail; or

(B)  Ten days following the date of delivery of the travel protection plan's

fulfillment materials by means other than mail.

(d)  An insurer shall disclose in the policy documentation and fulfillment

materials whether the travel insurance is primary or secondary to other applicable coverage.

(e)  When travel insurance is marketed directly to a consumer through an

insurer's website or by others through an aggregator site, it is not an unfair or deceptive practice or other violation of law when an accurate summary or short description of coverage is provided on the web page, so long as the consumer has access to the full provisions of the policy through electronic means.

(4)  A person offering, soliciting, or negotiating travel insurance or travel

protection plans on an individual or group basis shall not do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip.

(5)  It is an unfair or deceptive practice pursuant to section 10-3-1104 to

market blanket travel insurance coverage as free.

(6)  Where a consumer's destination jurisdiction requires insurance coverage,

it is not an unfair or deceptive practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:

(a)  Purchasing the coverage required by the destination jurisdiction through

the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or

(b)  Agreeing to obtain and provide proof of coverage that meets the

destination jurisdiction's requirements prior to departure.

Source: L. 2024: Entire part added, (HB 24-1060), ch. 128, p. 434, � 2,

effective August 7.

C.R.S. § 10-4-419

10-4-419. Claims-made policy forms. (1) No insurer shall use or issue any policy, certificate, or contract of insurance or any portion thereof which provides coverage on a claims-made basis unless it has been certified by the insurer and the insurer has filed a certification with the commissioner that such policy endorsement or disclosure form or any portion thereof which provides coverage on a claims-made basis conforms to Colorado law pursuant to subsection (2) of this section and any rules and regulations promulgated pursuant to subsection (3) of this section.

(2)  A claims-made policy shall not be delivered or issued for delivery to any

person in this state unless:

(a)  The insurer defines the nature of the risks or exposures to be insured on

the claims-made policy;

(b) (I)  The policy contains clear and adequate disclosure and alerts the

insured to the fact that the policy is a claims-made policy and explains the unique features distinguishing it from an occurrence policy and relating to renewal, extended reporting periods, and coverage of occurrences with long periods of exposure. The commissioner shall promulgate regulations which establish proof of delivery and acceptance thereof by the policyholder and set forth the contents and format of the minimum disclosures required under this article.

(II)  Such disclosures shall include:


(A)  A description of the principal benefits and coverage provided in the

policy;

(B)  A statement of the exceptions, reductions, and limitations contained in

the policy;

(C)  A statement of the renewal provisions including any reservation by the

insurer of a right to change premiums;

(D)  A statement that the outline of coverage is a summary of the policy

issued or applied for and that the policy should be consulted to determine governing contractual provisions.

(c)  The policy clearly defines the events and conditions which trigger

coverage and defines when and how a claim is deemed to be made or is deemed made;

(d)  The policy offers, at the insured's option, the purchase of an extended

reporting period of at least one year for claims not filed during the policy period. The premium may not exceed two hundred percent of the expiring policy premium unless the adjusted premium is determined by the commissioner to be inadequate based upon section 10-4-403 and based upon an opinion of a qualified actuary submitted on behalf of the insurer.

(e)  The policy requires insurers to furnish policyholders, upon their request

and within thirty days thereafter, sufficient information about closed or paid claims, claims for which the company has established reserves, and claims for which the company has received notices of occurrences which could give rise to claims to allow the insured to determine how much of his aggregate coverage remains available under the policy;

(f)  The insured approves and acknowledges, by signature on the written

endorsement, any exclusionary endorsement which excludes coverage in a renewal period for claims from certain known occurrences, events, products, or locations;

(g)  All persons engaged in the sale, consultation, or adjustment of the

claims-made policy have been trained and certified pursuant to the standards and procedures set forth in regulations promulgated by the commissioner.

(3) (a)  The commissioner may prohibit the use of a claims-made liability

policy if the policy does not contain one or more of the following policy provisions:

(I)  (Deleted by amendment, L. 2000, p. 466, � 5, effective August 2, 2000.)


(II)  A policy provision that, in the event of cancellation or nonrenewal for any

reason, the policy guarantees the insured the right of a sixty-day period to purchase coverage for an extended reporting period as provided in subparagraph (III) of this paragraph (a); or

(III)  A policy provision that, at the insured's option, the insured may purchase

coverage for an extended reporting period of at least the length of time of exposure under the applicable statute of limitation.

(IV)  (Deleted by amendment, L. 2000, p. 466, � 5, effective August 2, 2000.)


(b)  (Deleted by amendment, L. 2000, p. 466, � 5, effective August 2, 2000.)


(4)  If a standardized claims-made policy form, proposed by a rating or

advisory organization, has been filed with the commissioner and certified by the rating or advisory organization to be in compliance with statutory mandates, an insurer may utilize such a form.

(5)  As used in this section, unless the context otherwise requires, claims-made policy means a policy of liability insurance that provides coverage for those

claims that are made or reported to the insurance carrier, as is required in the policy, during the term of the policy or for such extended reporting term for which coverage has been purchased. A claims-made policy may include coverage for events occurring before the current policy term.

(6)  This section shall not apply to any public entity self-insurance pool

formed pursuant to section 24-10-115.5, C.R.S., or to any policy, certificate, or contract of insurance offered or issued by an insurer to such a pool.

(6.5)  This section shall not apply to insurers providing coverage for exempt

commercial policyholders, as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section.

(7)  All insurers providing insurance on a claims-made basis and who are

authorized by the commissioner to conduct business in Colorado shall submit an annual report to the commissioner listing any policy form, endorsement, disclosure form, or any other evidence of coverage issued or delivered to any policyholder in Colorado. Such listing shall be submitted by July 15, 1993, and not later than July 1 of each subsequent year and shall contain a certification by an officer of the organization that each policy form, endorsement, or disclosure form in use complies with Colorado law. The necessary elements of the certification shall be determined by the commissioner.

(8)  All insurers providing insurance on a claims-made basis and who are

authorized by the commissioner to conduct business in Colorado shall also submit to the commissioner a list of any new policy form, endorsement, or disclosure form at least thirty-one days before using such policy form, endorsement, or disclosure form. Such listing shall also contain a certification by an officer of the organization that each new policy form, endorsement, or disclosure form proposed to be used complies with Colorado law. The necessary elements of the certification shall be determined by the commissioner.

(9)  The commissioner shall have the power to examine and investigate

insurers authorized to conduct business in Colorado to determine whether claims-made policy forms, endorsements, or disclosure forms comply with the certification of the insurer and statutory mandates.

Source: L. 86: Entire section added, p. 581, � 6, effective July 1. L. 87: (2)(d)

amended, p. 427, � 7, effective May 1. L. 92: (1), IP(2), IP(3)(a), and (4) amended and (7) to (9) added, p. 1558, � 59, effective May 20. L. 96: (2)(d) and (3)(a)(III) amended, p. 571, � 1, effective July 1. L. 99: (6.5) added, p. 388, � 7, effective January 15, 2000. L. 2000: (3) amended, p. 466, � 5, effective August 2.

Cross references: For the legislative declaration contained in the 2000 act

amending subsection (3), see section 1 of chapter 135, Session Laws of Colorado 2000.

C.R.S. § 10-4-509

10-4-509. Plan of operation. (1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the commissioner.

(2)  If the association fails to submit a suitable plan of operation within ninety

days following July 1, 1971, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this part 5. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

(3)  All member insurers shall comply with the plan of operation.


(4)  The plan of operation shall:


(a)  Establish the procedures whereby all the powers and duties of the

association under section 10-4-508 will be performed;

(b)  Establish procedures for handling assets of the association;


(c)  Establish the amount and method of reimbursing members of the board

of directors under section 10-4-507;

(d)  Establish procedures by which claims may be filed with the association

and provide acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its agent, and a list of such claims shall be periodically submitted to the association or similar organization in another state by the receiver or liquidator.

(e)  Establish regular places and times for meetings of the board of directors;


(f)  Establish procedures for records to be kept of all financial transactions of

the association, its agents, and the board of directors;

(g)  Provide that any member insurer aggrieved by any final action or decision

of the association may appeal to the commissioner within thirty days after the action or decision;

(h)  Establish the procedures whereby selections for the board of directors

will be submitted to the commissioner;

(i)  Contain additional provisions necessary or proper for the execution of the

powers and duties of the association.

(5)  The plan of operation may provide that any or all powers and duties of the

association, except those under section 10-4-508 (1)(c) and (2)(c), are delegated to a corporation, association, or other organization which performs or will perform functions similar to those of the association, or its equivalent, in two or more states. Such a corporation, association, or organization shall be reimbursed as a servicing facility would be reimbursed and shall be paid for its performance of any other functions of the association. A delegation under this subsection (5) shall take effect only with the approval of both the board of directors and the commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by this part 5.

Source: L. 71: p. 759, � 1. C.R.S. 1963: � 72-34-9.

C.R.S. § 10-4-604.5

10-4-604.5. Issuance or renewal of insurance policies - proof of insurance provided by certificate, card, or other media. (1) In addition to any other requirement, if an insurer issues or renews a policy of insurance, the insurer shall provide the insured a proof of insurance certificate or insurance identification card to accompany the insured's registration application or renewal card or provide proof of insurance in such other media as is authorized by the department under section 42-3-105 (1)(d), C.R.S. The insurance identification card may be provided in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.

(2)  (Deleted by amendment, L. 2003, p. 1560, � 2, effective July 1, 2003.)


Source: L. 98: Entire section added, p. 787, � 6, effective July 1, 1999. L.

2000: (1) amended, p. 511, � 3, effective May 12. L. 2001: (2) amended, p. 524, � 9, effective May 22. L. 2003: Entire section amended, p. 1560, � 2, effective July 1. L. 2006: (1) amended, p. 1491, � 13, effective June 1. L. 2013: (1) amended, (HB 13-1159), ch. 101, p. 322, � 2, effective August 7.

C.R.S. § 10-4-615

10-4-615. Motorist insurance identification database program - reporting required - fine. (1) (a) Each insurer that issues a policy pursuant to this part 6 shall provide to the department of revenue a record of each policy issued during the immediately preceding period. Such record shall comply with the requirements of subsections (2) and (3) of this section. This subsection (1) shall not be construed to prohibit more frequent reporting. Such policy information shall be provided to the department as follows:

(I) and (II)  (Deleted by amendment, L. 2006, p. 1014, � 10, effective July 1,

2006.)

(III)  Each insurer with any policies in place for the preceding six months shall

provide such policy information every week for the immediately preceding week. Such information shall be reported no later than seven working days after the last date of the week reported on.

(b)  Each insurer shall provide policy information on all existing policies

issued by such insurer to the department at least every six months. The department and the working group created in section 42-7-604 (4)(b), C.R.S., shall determine if any new means of transmittal of such information may be utilized. Each insurer shall provide information regarding changes to existing policies to the department at the time of receipt of such information.

(2)  The record described in subsection (1) of this section shall include:


(a)  The name, date of birth, driver's license number, and address of each

named insured owner or operator;

(b)  The make, year, and vehicle identification number of each insured motor

vehicle; and

(c)  The policy number, effective date, and expiration date of each policy.


(3)  Each insurer shall provide the required information in a form or manner

acceptable to the designated agent.

(4) (a)  The division of insurance shall assess a fine of not more than two

hundred fifty dollars against an insurer for each day such insurer fails to report timely and accurate information in accordance with this section or with rules promulgated pursuant to section 42-7-604 (8), C.R.S. Any administrative costs incurred by the division of insurance shall be paid from the fines assessed pursuant to this paragraph (a).

(b)  The commissioner shall excuse the fine if an insurer provides proof that

its failure to comply was inadvertent, accidental, or the result of excusable neglect.

(5)  (Deleted by amendment, L. 2006, p. 1014, � 10, effective July 1, 2006.)


(6)  Repealed.


Source: L. 97: Entire section added, p. 1444, � 1, effective July 1. L. 2000:

(4)(a) amended, p. 1635, � 8, effective June 1. L. 2001: (4)(a) and (6) amended, p. 522, � 3, effective May 22. L. 2003: (1), (4)(a), and (6) amended, p. 2645, � 1, effective July 1. L. 2004: IP(1)(a) and (1)(a)(III) amended, p. 796, � 8, effective May 21. L. 2006: (1) and (5) amended and (6) repealed, pp. 1014, 1010, �� 10, 2, effective July 1.

C.R.S. § 10-4-624

10-4-624. Self-insurers. (1) Any person in whose name more than twenty-five motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the commissioner.

(2)  The commissioner may, in his or her discretion, upon the application of

such person, issue a certificate of self-insurance when the commissioner is satisfied that such person is able and will continue to be able to pay benefits as required under section 10-4-620 and to pay any and all judgments that may be obtained against such person. Upon not less than five days' notice and a hearing pursuant to such notice, the commissioner may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any benefits under section 10-4-620 or failure to pay any judgment within thirty days after such judgment has become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.

(3)  For purposes of subsection (2) of this section, the commissioner shall

accept, as proof that a motor carrier as defined in article 10.1 of title 40, C.R.S., is able and will continue to be able to pay all judgments that might be obtained against the carrier, a surety bond in a form acceptable to the commissioner in an amount determined by the commissioner sufficient to ensure that the carrier has the ability to pay all judgments that may be obtained against any such carrier.

Source: L. 2003: (2) amended, p. 2433, � 3, effective June 5; entire section

added, p. 1563, � 3, effective July 1. L. 2011: (3) amended, (HB 11-1198), ch. 127, p. 417, � 6, effective August 10.

Editor's note: This section was originally numbered as � 10-4-621 in House

Bill 03-1188 but has been renumbered on revision for ease of location.

C.R.S. § 10-4-627

10-4-627. Discriminatory standards - premiums - surcharges - proof of financial responsibility requirements. (1) An insurer shall not:

(a)  Cancel or nonrenew, or increase the premium of, a policy of insurance on

a motor vehicle used by any resident of the household of the named insured solely because of convictions for traffic violations that resulted in less than seven points being assessed under the point system schedule set forth in section 42-2-127 (5), C.R.S., resulting from violations while in the course of employment while the insured is driving a motor vehicle used primarily as a public or livery conveyance or licensed as a commercial vehicle; or

(b)  Add a surcharge to the policy premium of an insured or a family member

of an insured or other person living in the same household as an insured in a manner that results in an excessive or unfairly discriminatory premium pursuant to section 10-4-403.

(2)  This section shall not be construed to limit or in any manner restrict an

insurer from canceling or refusing to issue or renew a policy of insurance or from increasing the premium of an insured on a motor vehicle used by him or her for commercial purposes or from reclassifying an insured for traffic violations received by the insured while using a motor vehicle for commercial purposes.

Source: L. 2003: Entire section added, p. 1564, � 3, effective July 1.


Editor's note: This section was originally numbered as � 10-4-624 in House

Bill 03-1188 but has been renumbered on revision for ease of location.

C.R.S. § 10-4-635

10-4-635. Medical payments coverage - exceptions - definitions. (1) (a) Except as otherwise provided in this subsection (1), no automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state unless coverage is provided in the policy or in a supplemental policy for medical payments with benefits of five thousand dollars for bodily injury, sickness, or disease resulting from the ownership, maintenance, or use of the motor vehicle.

(b)  A policy may be issued without medical payments coverage only if the

named insured rejects medical payments coverage in writing or in the same medium in which the application for the policy was taken. The insurer shall maintain proof that a named insured rejected medical payments coverage for at least three years after the date of the rejection, and such proof of rejection shall be presumed valid for all insureds under the policy, including resident relatives of the named insured and permissive users of the motor vehicle. An agent or insurer that obtains a rejection of medical payments coverage from the named insured or applicant pursuant to this section shall not be liable to the insured or any other person seeking benefits under the named insured's policy for claims arising out of or relating to the rejection of medical payments coverage.

(c)  If the insurer fails to offer medical payments coverage or fails to maintain

or provide proof that the named insured rejected medical payments coverage in the manner required by this section, the insured's policy shall be presumed to include medical payments coverage with benefits of five thousand dollars.

(d)  If an insured selects limits for medical payments coverage or exercises

the option not to purchase the coverages described in this section, an insurer or affiliated insurer shall not be required to notify any policyholder in any renewal or replacement policy of the availability of medical payments coverage. However, the insured may make a request for additional coverage or coverage more extensive than that provided on a prior policy.

(e)  Nothing in this section shall be construed to limit any other coverage

amounts being made available by an insurer.

(2) (a)  If a policy contains medical payments coverage, medical payments

benefits shall be paid to persons providing medically necessary and accident-related trauma care or medical care. Except as provided in paragraphs (b), (c), and (d) of this subsection (2), payments of claims for medical payments coverage shall be made in accordance with section 10-4-642.

(b)  Upon receiving notice, either from a provider or the insured, of an

accident for which the medical payments coverage specified in this section or medical payments coverage in a greater amount may apply, the insurer shall reserve five thousand dollars of the medical payments coverage for the payment of trauma care provided by a licensed air ambulance, licensed ambulance, trauma physician, or trauma center in the following priority, as applicable:

(I)  Benefits shall be paid first to licensed ambulances or air ambulances that

provide trauma care at the scene of or immediately after the motor vehicle accident, including transport to or from a trauma center.

(II)  After payments to providers described in subparagraph (I) of this

paragraph (b), benefits shall be paid next to trauma physicians that provide trauma care to stabilize or provide the first episode of care to the injured person.

(III)  After payments to providers described in subparagraphs (I) and (II) of this

paragraph (b), benefits shall be paid next to trauma centers designated as level IV or V pursuant to section 25-3.5-703 (4), C.R.S., that provide trauma care to stabilize or provide the first episode of care to the injured person.

(IV)  After payments to providers described in subparagraphs (I), (II), and (III)

of this paragraph (b), benefits shall be paid next to trauma centers designated as level I, II, or III or as a regional pediatric trauma center pursuant to section 25-3.5-703 (4), C.R.S., that provide trauma care to stabilize or provide the first episode of care to the injured person.

(c)  The reserve shall be held and used to pay claims of trauma care providers

described in this subsection (2) for no more than thirty days after receipt of the accident notice. After the thirty-day period, any amount of the reserve for which the insurer has not received a claim for reimbursement from a trauma care provider described in this subsection (2) may be used to pay any other claims for reimbursement submitted by other providers.

(d)  The periods specified in section 10-4-642 for the prompt payment of

medical payments coverage benefits shall be tolled for the period that an insurer is required under this subsection (2) to hold payment of a claim from a provider that did not provide trauma care, but only to the extent the medical payments coverage benefits not held in reserve are insufficient to pay the claim.

(3) (a)  An insurer providing benefits under medical payments coverage in the

amount specified in this section or in a greater amount than the amount specified in this section shall not have a right to recover against an owner, user, or operator of a motor vehicle, or against any person or organization legally responsible for the acts or omissions of such person, in any action for damages for benefits paid under such medical payments coverage. An insurer shall not have a direct cause of action against an alleged tortfeasor for benefits paid under medical payments coverage.

(b)  Nothing in this subsection (3) shall be construed to:


(I)  Modify the requirements of section 13-21-111.6, C.R.S., or any requirements

under the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S.;

(II)  Prevent a person to whom benefits are paid under medical payments

coverage from obtaining recovery of benefits available under uninsured motorist coverage pursuant to section 10-4-609; or

(III)  Afford an insurer a cause of action against a person to whom or for

whom the medical payments coverage benefits specified in this section were paid except in a case where the benefits were paid by reason of fraud.

(4)  This section does not apply to:


(a)  A person obtaining an automobile liability or motor vehicle policy insuring

against loss resulting from the ownership, maintenance, or use of a motorcycle, autocycle, low-power scooter, or toy vehicle, as defined in section 42-1-102; a snowmobile, as defined in section 33-14-101; or any vehicle designed primarily for use off the road or on rails;

(b)  A person that has obtained a certificate of self-insurance from the

commissioner pursuant to section 10-4-624.

(5)  As used in this section:


(a)  Injured person means the insured, or a passenger who is authorized by

the insured to occupy the insured's motor vehicle, who sustains bodily injury arising out of the use of the insured's motor vehicle.

(b)  Licensed air ambulance means an air ambulance, as defined in section

25-3.5-103 (1), C.R.S., that is licensed by the department of public health and environment pursuant to section 25-3.5-307, C.R.S.

(c)  Licensed ambulance means an ambulance, as defined in section 25-3.5-103 (1.5), C.R.S., that is licensed pursuant to section 25-3.5-301, C.R.S.


(d)  Licensed health-care provider has the same meaning as set forth in

section 10-4-601, and also includes an occupational therapist, as defined in section 12-270-104 (9), and an occupational therapy assistant, as defined in section 12-270-104 (11).

(e)  Medical care means all medically necessary and accident-related

health-care and rehabilitation services provided by a licensed health-care provider to a person injured in an automobile accident for which benefits under the terms of the medical payments coverage in the policy are payable.

(f)  Provider means a licensed health-care provider, licensed air ambulance,

licensed ambulance, trauma physician, or trauma center.

(g)  Stabilize means, with respect to a medical condition resulting from a

trauma, to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result or occur during the transfer of the individual to or from a trauma center.

(h)  Trauma means an injury or wound to a living person caused by the

application of an external physical force. Trauma includes any event that threatens life, limb, or the well-being of an individual in such a manner that a prudent lay person would believe that immediate medical care is needed.

(i)  Trauma care means care provided by a licensed ambulance or air

ambulance, trauma physician, or trauma center to a person injured in a motor vehicle accident from the time the administration of care begins to the time the patient is fully stabilized or through the first episode of care, not to exceed seventy-two hours after the administration of care begins. The term includes a trauma care system, trauma transport protocols, and triage, as defined in section 25-3.5-703, C.R.S.

(j)  Trauma center means the emergency department in a licensed or

certified hospital or a health-care facility that is designated by the department of public health and environment as a level I, II, III, IV, or V facility or as a regional pediatric trauma center.

(k)  Trauma physician means a trauma surgeon, orthopedic surgeon,

neurosurgeon, intensive care unit physician, anesthesiologist, or physician who provides care in a trauma center to a trauma patient injured in a motor vehicle accident.

Source: L. 2004: Entire section added, p. 415, � 1, effective July 1. L. 2005:

Entire section amended, p. 467, � 1, effective January 1, 2006. L. 2006: (2) repealed, p. 38, � 3, effective January 1, 2007. L. 2008: Entire section amended, p. 2261, � 1, effective January 1, 2009. L. 2009: (5)(d) amended, (SB 09-292), ch. 369, p. 1943, � 15, effective August 5; (4)(a) amended, (HB 09-1026), ch. 281, p. 1253, � 2, effective October 1. L. 2010: (5)(d) amended, (HB 10-1220), ch. 197, p. 855, � 20, effective July 1. L. 2019: (5)(d) amended, (HB 19-1172), ch. 136, p. 1652, � 35, effective October 1. L. 2021: (5)(d) amended, (SB 21-003), ch. 4, p. 28, � 3, effective January 1. L. 2022: IP(4) and (4)(a) amended, (HB 22-1043), ch. 361, p. 2582, � 6, effective January 1, 2023.

C.R.S. § 10-7-101

10-7-101. Valuation of life policies. (1) As soon as practicable after the filing of the annual statement, the reserves for all outstanding policies of all life insurance companies making such statements shall be ascertained as provided in this section.

(2) (a)  The commissioner shall ascertain the reserve for every policy in force

on the books of domestic companies on the thirty-first day of December immediately preceding, in accordance with the following minimum standards:

(I)  With respect to policies issued prior to March 28, 1945, the American

experience table of mortality and four percent interest or the actuaries' combined experience table of mortality and four percent interest, as adopted by the company, with the privilege of one year preliminary term in either case; but, if any such company has any such policies outstanding issued on the basis of a higher reserve standard than the above, such higher standard shall be the minimum standard for such policies;

(II)  With respect to policies issued after March 28, 1945, the American

experience table of mortality and three and one-half percent interest, or the commissioner's 1941 standard ordinary mortality table and three and one-half percent interest, or, for industrial policies, the 1941 standard industrial mortality table and three and one-half percent interest, as adopted by the company, with the privilege of one year preliminary term in any case. For policies issued on a substandard basis, such other table of mortality as may be specified by the company and approved by the commissioner may be used. The mortality table and rate of interest prescribed in any of such policies as the basis for calculating nonforfeiture benefits thereunder, with the privilege of one year preliminary term, shall be used as the minimum standard for the valuation of such policies in case that standard produces greater aggregate reserves for all such policies than the standards above specified in this subparagraph (II).

(III)  With respect to policies issued on or after the operative date of the

Standard Nonforfeiture and Valuation Act, part 3 of this article, and prior to the operative date of the valuation manual, in accordance with sections 10-7-309 to 10-7-313.2;

(IV)  With respect to policies, including accident and health contracts and

deposit-type contracts, issued on or after the operative date of the valuation manual, in accordance with sections 10-7-313.3 and 10-7-313.4.

(b)  The commissioner may accept the valuation made by the company, upon

satisfactory proof of its correctness.

(3)  The reserve for all policies in force in any such domestic company being

ascertained, as provided in this section, within sixty days thereafter, the company, at its option, may deposit with the commissioner for security and benefit of its policyholders the amount of the ascertained valuation in admitted assets which under section 10-3-235 (2) are securities eligible for optional reserve deposits. All companies depositing sufficient reserves as provided in this section may print on their policies a certificate reading as follows: The full reserve on this policy is deposited with the insurance commissioner in approved securities in accordance with the optional reserve deposit law of the state of Colorado.

(4)  In valuing policies issued by foreign companies, the respective standard

adopted by each company for such policies shall be used as the basis of the valuation, but the standard must not be lower than the standard prescribed by subsection (2) of this section for domestic companies.

(5)  Reserves for all policies may be calculated, at the option of the company,

according to any standards which produce greater aggregate reserves than the minimum reserves required by this section.

(6)  Valuation in the case of an alien company shall be limited to its United

States business.

Source: L. 13: p. 349, � 41. L. 15: p. 271, � 1. C.L. � 2514. CSA: C. 87, � 54. L. 45:

p. 413, � 1. CRS 53: � 72-3-1. L. 61: p. 465, � 9. C.R.S. 1963: � 72-3-1. L. 65: p. 765, � 1. L. 69: p. 500, � 6. L. 2015: (2)(a)(III) and (4) amended and (2)(a)(IV) added, (HB 15-1048), ch. 63, p. 152, � 1, effective August 5.

Cross references: For the operative date of the Standard Nonforfeiture and

Valuation Act, see � 10-7-315; for required financial statements, see � 10-3-208.

C.R.S. § 10-7-105.5

10-7-105.5. Lapse of life insurance policy - notice - affidavit of mailing or electronic transmission - legislative declaration. (1) The general assembly finds, determines, and declares that it is beneficial to citizens of this state for life insurers, prior to the lapse of individual life insurance policies for nonpayment of premium, to provide written notice in a uniform manner to policy owners.

(2)  A notice of lapse of an individual life insurance policy for nonpayment of

premium is effective only if:

(a)  The information is mailed along with the reason for the lapse by first-class United States mail to the last-known address of the policy owner at least

twenty-five days before the effective date of lapse; or

(b)  The information is transmitted along with the reason for the lapse by

electronic mail, if the policy owner consents to receive information related to an individual life insurance policy in electronic form, to the last-known electronic mail address of the policy owner on file with the insurer at least twenty-five days before the effective date of lapse of the individual life insurance policy.

(3)  The affidavit, executed under penalty of perjury, of any officer, clerk, or

agent of the insurer or of anyone authorized to mail or electronically transmit notices required by subsection (2) of this section, constitutes proof of notice under this section.

(4)  This section does not apply to individual life insurance policies upon

which premiums are paid monthly or at more frequent intervals.

(5)  The commissioner may adopt rules necessary for the administration of

this section.

Source: L. 2014: Entire section added, (HB 14-1082), ch. 80, p. 320, � 1,

effective January 1, 2015.

C.R.S. § 10-7-112

10-7-112. Interest payable on benefits or proceeds. (1) Notwithstanding any other provision of law, each insurer admitted to transact the business of life insurance in this state shall pay interest on the death benefits using an interest rate that is not less than the rate of interest for proceeds left on deposit with the insurer and subject to withdrawal on demand for the period beginning at the date of death through thirty days following the date of receipt by the insurer of a complete request for payout including due proof of death. From that date until the date of settlement of the claim, the annual rate of interest shall be two percentage points above the federal discount rate, which rate shall be the rate of interest a commercial bank pays to the federal reserve bank of Kansas City using a government bond or other eligible paper as security and shall be rounded to the nearest full percent. If the claim is denied and a judgment is rendered against the insurer, the annual rate of interest from the date the action was filed until payment of the claim shall be four percentage points above the federal discount rate, except to the extent such proceeds were deposited with the court in an interpleader action. Any other life insurance policy or contract benefits shall accrue interest at a rate of at least two percentage points above the federal discount rate when any such benefits are not paid more than thirty days after the date of receipt by an insurer of a complete request for payment from an insured. The rates referred to in this subsection (1) shall be determined using a weighted average of the rates in effect during the applicable period based upon the number of days the rate was in effect.

(2)  This section shall not require the payment of interest in any case in which

the beneficiary elects in writing, delivered to the insurer, to receive the proceeds of the policy by any means other than a lump sum payment thereof.

(3)  Nothing in this section shall be construed to allow any insurer admitted

to transact the business of life insurance in this state to withhold payment of benefits under a life insurance policy to any beneficiary for a period longer than reasonably necessary to make such payment.

(4)  For the purposes of this section, the term life insurance shall include:


(a)  All individual and group life insurance policies issued in accordance with

the provisions of this article;

(b)  Life insurance plans issued in connection with part 6 of article 50 of title

24, C.R.S.;

(c)  Life insurance policies issued in accordance with the provisions of article

9 of this title;

(d)  Life insurance policies or certificates issued in accordance with the

provisions of article 10 of this title;

(e)  Life insurance benefits payable under accident only type policies; and


(f)  Life insurance policies or certificates issued by fraternal benefit societies

licensed to do business in this state under article 14 of this title.

Source: L. 83: Entire section added, p. 459, � 1, effective July 1. L. 92: (1)

amended, p. 1564, � 75, effective May 20. L. 94: (4)(b) amended, p. 1136, � 3, effective May 19. L. 99: (1) amended, p. 1006, � 1, effective August 4.

C.R.S. § 11-103-304

11-103-304. Procedure for granting or denying charter. (1) Within sixty days following the filing of the completed application for a de novo charter or conversion of an established bank, the commissioner shall make or cause to be made a careful investigation to determine that the following requirements have been met:

(a)  That the applicant has proceeded in a lawful manner;


(b)  That the name is not deceptively similar to that of another bank or

otherwise misleading;

(c)  That the persons who will serve as directors or officers, insofar as such

persons are known, possess the qualifications and experience required under rules promulgated by the banking board and that the qualifications and financial status of the incorporators, directors, officers, and persons in control of the bank, as defined in section 11-102-302 (2), are consistent with their responsibilities and duties;

(d)  That the proposed capital satisfies the standards and guidelines in the

rules promulgated by the banking board;

(e)  That the proposed or amended articles of incorporation and bylaws are

appropriate or may be amended to be appropriate.

(2)  If the commissioner determines that any of the requirements in

subsection (1) of this section have not been met in any respect, the commissioner shall notify the applicant of such deficiencies and of corrective measures deemed appropriate. Within six months after the filing of an application for charter, and prior to the hearing prescribed in subsection (3) of this section, the commissioner shall report to the banking board that the applicant has met all of the requirements of subsection (1) of this section, if such be the case, or shall report which requirements have been met and which have not been met, together with the circumstances respecting such deficiencies. This report shall be introduced by the banking board into the record of the hearing on such application.

(3) (a)  The banking board, within six months after the filing of an application

for charter, and subject to subsection (7) of this section, shall hold a public hearing to consider the application; except that the banking board, for valid reasons and good cause, may postpone such hearing. At such hearing, the applicant for a de novo bank charter has the burden of proving:

(I)  That the proposed bank will serve a public need and advantage in the

community or area of the community that the bank will serve; and

(II)  That the volume of business in the community or area of the community

that the proposed bank will serve is such that profitable operation of the bank may be reasonably projected.

(b)  Notwithstanding any other provision of this section, if the banking board

has given notice pursuant to subsection (5) of this section of a hearing on any application for charter filed pursuant to this section and the banking board has received no written protests against such charter application on or before the tenth day preceding the date fixed for the hearing, the banking board may grant such charter without a hearing as otherwise required in this section if the applicants for such charter are known to the banking board.

(4)  On hearing, the banking board may admit in evidence the application for

charter and any other relevant information in the files of the division. The applicant and all others receiving notice by registered or certified mail under subsection (5) of this section are also entitled to be heard and to introduce testimony at such hearing, as well as such others as the banking board may determine to be necessary.

(5)  The banking board shall give notice of the hearing on application for a de

novo bank charter provided in subsection (3) of this section at least thirty days in advance of the hearing date fixed by the banking board, by registered or certified mail, to the applicant, to each bank within a three-mile radius of the location of the proposed bank, and to such other persons or banks as the banking board may designate. The notice must be in the form prescribed by the banking board and must include the names of the incorporators, the name of each stockholder subscribing to ten percent or more of the stock of the bank, the name and location of the proposed bank, the date, time, and place of the hearing, and a statement declaring that the application and proposed articles of incorporation or amended articles of incorporation are available for inspection in the office of the banking board. The banking board shall also cause such notice to be published at least one time not less than twenty days prior to the date fixed for such hearing in a newspaper of general circulation within the community in which the proposed bank is to be located.

(6)  Within one hundred twenty days following the date of conclusion of the

hearing, the banking board shall issue a written order requiring the commissioner to grant a charter if a majority of the banking board finds that the requirements of subsection (1) of this section have been met and that the applicant for a de novo bank charter has met the burden of proof prescribed in subsection (3) of this section. The banking board shall make execution of its order to grant a de novo bank charter contingent upon the proposed bank making a bona fide application for membership in the federal deposit insurance corporation or the federal reserve system. In applications where the directors or management has not been fully disclosed at the time of the hearing, the banking board may make execution of its order to grant a charter contingent upon its subsequent approval of the directors and management. If a majority of the banking board finds that the requirements of subsection (1) of this section or the burden of proof of subsection (3) of this section have not been met, the banking board shall deny the application for a de novo charter. The banking board may revoke a charter in any case where the proposed bank has not exercised its charter and opened for business within six months after the date of the order to grant the charter.

(7)  If, within a ninety-day period, there have been filed with the banking

board two or more applications for a de novo bank charter for state banks to serve the same community, the banking board may hold a single hearing to consider the applications. The banking board may grant or deny a de novo bank charter to one or more of the applicants without regard to the priority in time of filing applications. The determination of the banking board to deny a charter to an applicant who might otherwise qualify for a charter under subsections (1) and (3) of this section must be based upon a finding that the public need or advantage of the community or area of the community in which the proposed bank will be located will best be served by such denial and by the granting of a de novo bank charter on another application or other applications heard at such single hearing.

(8)  It is a criminal offense under this code for a proposed de novo state bank

to perform any act as a state bank other than to perfect its organization, obtain and equip a place of business, or otherwise prepare to do business as a state bank prior to receiving a charter.

(9)  Unless otherwise provided by law to the contrary, the banking board must

first approve the articles of incorporation, amended articles of incorporation, or amendments to articles of incorporation, which the applicant shall then deliver and file as follows:

(a)  Duplicate originals shall be delivered to the secretary of state for filing in

accordance with the general corporate laws of this state;

(b)  A verified copy shall be filed in the office of the clerk and recorder for the

county in which the state bank is located;

(c)  A copy to which the commissioner shall affix the charter, or certificate of

approval in the case of amendments, shall be delivered by the commissioner to the applicant.

Source: L. 2003: Entire article added with relocations, p. 1085, � 3, effective

July 1. L. 2013: IP(1), IP(3)(a), (5), (6), (7), (8), and IP(9) amended, (SB 13-154), ch. 282, p. 1479, � 42, effective July 1. L. 2024: (2) amended, (HB 24-1351), ch. 461, p. 3202, � 20, effective August 7.

Editor's note: This section is similar to former � 11-3-110 as it existed prior to

2003.

PART 4

SHARES AND DISTRIBUTIONS

C.R.S. § 11-103-707

11-103-707. Conversion from state bank to national and vice versa. (1) Nothing in the law of this state shall restrict the right of a state bank to convert into a national bank upon compliance with the laws of the United States, and, upon completion of such conversion, it shall surrender its charter as a state bank.

(2)  The board shall grant a state charter to a national bank located in this

state that follows the procedure prescribed by federal law to convert into a state bank if it meets the requirements established by the banking board in its rules. Any requirement that shares must be paid in cash may be satisfied by the exchange of shares of the converted state bank for those of the converting national bank, which may be valued at no more than their fair cash market value. The procedure for incorporation of a state bank may be modified to the extent made necessary by the difference between an ordinary incorporation and a conversion as established by the banking board in its rules. The converting bank shall cause to be published a notice of the conversion once a week for three successive weeks in a newspaper of general circulation in the county in which the converting bank has its principal office. The converting bank shall file proof of the publication with the division.

(3)  The converted bank shall be considered the same business and corporate

entity as the converting bank with all of the rights, powers, and duties of the converting bank except as limited by the charter and bylaws of the resulting bank. It may use the name of the converting bank whenever it can do any act under such name more conveniently.

(4)  Any reference to the converting bank in any writing, whether executed or

taking effect before or after the conversion, shall be deemed a reference to the converted bank if not inconsistent with the other provisions of such writing.

Source: L. 2003: Entire article added with relocations, p. 1098, � 3, effective

July 1. L. 2013: (2) amended, (SB 13-154), ch. 282, p. 1481, � 46, effective July 1.

Editor's note: This section is similar to former � 11-4-108 as it existed prior to

2003.

C.R.S. § 11-103-709

11-103-709. Sale of all assets of bank, branch, or department. (1) Any state bank may sell to any other bank all, or substantially all, of the selling bank's assets and business, or all, or substantially all, of the assets and business of any department or branch of the selling bank.

(2)  Any state bank may, upon assuming the liabilities relating thereto,

purchase all, or substantially all, of the assets and business of another bank, or all, or substantially all, of the assets and business of any department or branch of another bank.

(3)  The agreement of purchase and sale shall be authorized and approved by

the banking board and by the vote of a majority of the stockholders of the purchasing and selling banks at meetings called for the purpose in like manner as meetings to approve mergers are called, and filed with the commissioner, accompanied by evidence of such stockholders' approval in like manner as agreements of merger are filed. After such approval is given by the stockholders, a notice of such sale shall be published once a week for three successive weeks in a newspaper of general circulation in the county in which the selling bank has its principal office. Proof of such publication shall be filed with the division.

(4)  Notwithstanding any term of the agreement, or of his or her contract of

deposit, any depositor whose business is thus sold has the right, upon payment of any indebtedness owing by the depositor to the bank, to withdraw his or her deposit in full on demand after such sale unless, by dealing with the purchasing bank with knowledge of the purchase, the depositor ratifies the transfer.

(5)  The agreement of sale may provide for the transfer to the purchasing

bank of all fiduciary positions held by the selling bank pursuant to section 11-106-105.

(6)  No right against, or obligation of, the selling bank, in respect of the

assets or business sold, shall be released or impaired by the sale until one year from the last date of publication of the notice, pursuant to subsection (3) of this section, but, after the expiration of such year, no action shall be brought against the selling bank on account of any deposit, obligation, trust, or asset transferred to or liability assumed by the purchasing bank.

Source: L. 2003: Entire article added with relocations, p. 1099, � 3, effective

July 1. L. 2013: (1) and (2) amended, (SB 13-154), ch. 282, p. 1465, � 9, effective July 1.

Editor's note: This section is similar to former � 11-4-110 as it existed prior to

2003.

PART 8

LIQUIDATION, DISSOLUTION, AND REORGANIZATION

C.R.S. § 11-105-208

11-105-208. Consumer protection. (1) Every Colorado bank using a communications facility shall provide its account holders, at the time the facility is used, with a receipt or record of each banking transaction initiated at a facility. Such receipt or record shall be admissible as evidence in any legal action or proceeding and shall constitute prima facie proof of the banking transaction evidenced by such receipt or record. When a Colorado bank furnishes a statement of a demand, savings, or loan account to an account holder, such statement shall reflect each banking transaction affecting such account made by the account holder at a communications facility during the period covered by the statement.

(2)  With respect to any card or other device issued to an account holder for

use at a communications facility, any account holder whose card or device is lost or stolen and subsequently used by an unauthorized person shall only be liable for the lesser of fifty dollars or the amount of money, goods, or services obtained by the unauthorized use prior to notice to the Colorado bank that issued the card or device of the theft or loss. If the unauthorized use occurs through no fault of the account holder, no liability shall be imposed on the account holder.

(3)  No account holder shall be held liable for any loss occurring as the result

of any tampering or manipulation of a communications facility unless such account holder performs or authorizes such acts.

(4)  Commercial banks shall continue to offer customers the right to use

checking accounts. No bank shall make the use of such accounts burdensome with intent to discourage such use. The banking board shall issue rules designed to prevent violation of this provision.

(5) (a)  No agreement to operate or share a communications facility may

prohibit, limit, or restrict the right of the operator or owner of the communications facility to charge a customer conducting a transaction using an account from a foreign bank a usual and customary access fee or surcharge unless prohibited under state or federal law.

(b)  Notwithstanding paragraph (a) of this subsection (5), nothing in this

section may be construed to prohibit, limit, or otherwise restrict the right of the operator or owner of a communications facility from voluntarily entering into an agreement to participate in a surcharge-free network.

Source: L. 2003: Entire article added with relocations, p. 1119, � 3, effective

July 1. L. 2007: (5) added, p. 605, � 1, effective August 3.

Editor's note: This section is similar to former � 11-6.5-109 as it existed prior

to 2003.

C.R.S. § 11-112-102

11-112-102. Definitions. [Editor's note: This section is effective January 1, 2026.] As used in this article 112, unless the context otherwise requires:

(1)  Blockchain technology has the meaning set forth in section 24-36-121.5

(2)(a).

(2) (a)  New customer means a customer transacting at a virtual currency

kiosk in Colorado who has been a customer of an owner or operator of a virtual currency kiosk for less than seven days.

(b)  Seven days after a customer first transacts with an owner or operator of

a virtual currency kiosk, the customer is considered an existing customer and is not subject to the new customer transaction limit described in section 11-112-103 (6).

(3)  Transaction hash means a unique identifier made up of a string of

characters that acts as a record and provides proof that a transaction was verified and added to blockchain technology.

(4) (a)  Virtual currency means a type of digital unit that is used as a

medium of exchange or a form of digitally stored value or that is incorporated into payment system technology.

(b)  Virtual currency includes digital units that:


(I)  Have a centralized repository or administrator;


(II)  Are decentralized and have no centralized repository or administrator; or


(III)  May be created or obtained by computing or manufacturing effort.


(c)  Virtual currency does not include digital units that:


(I)  Are used solely within online gaming platforms, with no market or

application outside the gaming platforms;

(II)  Are used exclusively as part of a consumer affinity or rewards program

and can be applied as payment for purchases with the issuer or other designated merchants but cannot be converted into or redeemed for fiat currency; or

(III)  Are used as part of a consumer affinity or rewards program offered

through an institution that is insured by the federal deposit insurance corporation or the national credit union administration.

(5)  Virtual currency address means an alphanumeric identifier

representing a destination for a virtual currency transfer that is associated with a virtual currency wallet.

(6)  Virtual currency kiosk means an electronic terminal acting as a

mechanical agent of the owner or operator to enable the owner or operator to facilitate the exchange of virtual currency for other virtual currency or fiat currency, including by:

(a)  Connecting to a separate virtual currency exchanger that performs the

actual virtual currency transmission; or

(b)  Drawing upon the virtual currency in the possession of the owner or

operator of the electronic terminal.

(7)  Virtual currency wallet means a software application or other

mechanism providing a means for holding, storing, and transferring virtual currency.

Source: L. 2025: Entire article added, (SB 25-079), ch. 341, p. 1844, � 1,

effective January 1, 2026.

C.R.S. § 11-112-103

11-112-103. Virtual currency kiosks - disclosures - receipts - daily limit - cancellation and refund. [Editor's note: This section is effective January 1, 2026.]

(1) Before entering into a virtual currency transaction for, on behalf of, or with a customer, the owner or operator of a virtual currency kiosk shall disclose to the customer in clear and conspicuous writing in the English language all material risks associated with virtual currency. The disclosures must be displayed on the screen of the virtual currency kiosk with the ability for a customer to acknowledge receipt of the disclosures. The disclosures must include at least the following statement:

WARNING: THIS TECHNOLOGY CAN BE USED TO DEFRAUD YOU. IF YOU

HAVE BEEN DIRECTED TO THIS MACHINE BY SOMEONE CLAIMING TO BE A GOVERNMENT AGENT, BILL COLLECTOR, LAW ENFORCEMENT OFFICER, OR ANYONE YOU DO NOT KNOW PERSONALLY, STOP THIS TRANSACTION IMMEDIATELY AND CONTACT YOUR FINANCIAL ADVISOR AND LOCAL LAW ENFORCEMENT.

(2)  When opening an account for a customer, the owner or operator of a

virtual currency kiosk shall disclose to the customer in clear and conspicuous writing in the English language all relevant terms and conditions associated with the products, services, and activities of the owner or operator and virtual currency generally, including the following:

(a)  The customer's liability for unauthorized virtual currency transactions;


(b)  Under which circumstances the owner or operator will, absent a court or

government order, disclose information concerning the customer's account to third parties;

(c)  The customer's right to receive periodic account statements and

valuations from the owner or operator;

(d)  The customer's right to receive a receipt, a trade ticket, or other evidence

of a virtual currency transaction; and

(e)  The customer's right to prior notice of a change in the rules or policies of

the owner or operator.

(3)  Prior to a transaction in virtual currency for, on behalf of, or with a

customer, the owner or operator of a virtual currency kiosk shall disclose to the customer in clear and conspicuous writing in the English language the terms and conditions of the virtual currency transaction, including the following:

(a)  The amount of the transaction;


(b)  The fees, expenses, and charges borne by the customer, including

applicable exchange rates;

(c)  The type and nature of the transaction;


(d)  A warning that, once completed, the transaction is irreversible, if

applicable;

(e)  The difference in the virtual currency's sale price versus the current

market price; and

(f)  Other disclosures that are customarily given in connection with a virtual

currency transaction.

(4)  The owner or operator of a virtual currency kiosk shall ensure that each

customer acknowledges receipt of all disclosures required under this section.

(5)  Upon the completion of a virtual currency transaction, the owner or

operator of a virtual currency kiosk shall provide to the customer an electronic receipt containing the following information:

(a)  The name of and contact information for the owner or operator, including

a telephone number established by the owner or operator to answer questions and register complaints;

(b)  The type, value, date, and precise time of the virtual currency transaction,

the transaction hash, and each virtual currency address;

(c)  The fee charged;


(d)  The exchange rate, if applicable;


(e)  A statement of the liability of the owner or operator for nondelivery or

delayed delivery of the currency for which the customer exchanged virtual currency; and

(f)  A statement of the refund policy of the owner or operator.


(6) (a)  For a new customer, the maximum daily transaction limit of a virtual

currency kiosk is two thousand dollars per customer.

(b)  For an existing customer, the maximum daily transaction limit of a virtual

currency kiosk is ten thousand five hundred dollars per customer.

(7) (a)  The owner or operator of a virtual currency kiosk shall, at the expense

of the owner or operator, allow a customer to cancel and receive a full refund for a virtual currency transaction if:

(I)  The virtual currency transaction was the customer's first virtual currency

transaction;

(II)  The virtual currency transaction was to a virtual currency wallet or

exchange located outside of the United States; and

(III)  Within sixty days after the virtual currency transaction, the customer

contacts the owner or operator of the virtual currency kiosk and a government or law enforcement entity regarding the fraudulent nature of the transaction and submits proof of the fraud, such as a police report or notarized declaration detailing the fraudulent nature of the virtual currency transaction.

(b)  If the conditions of subsection (7)(a) of this section are met, the owner or

operator shall issue a full refund within seventy-two hours after being notified that the virtual currency transaction was fraudulent.

Source: L. 2025: Entire article added, (SB 25-079), ch. 341, p. 1845, � 1,

effective January 1, 2026.

C.R.S. § 11-41-128

11-41-128. Acknowledgments. A notary public or other public officer qualified to take acknowledgments or proof of written instruments shall not be disqualified from taking the acknowledgment or proof of an instrument in writing in which a savings and loan association is interested by reason of the notary public's or other public officer's employment by, or the notary public or other public officer being a member or officer of, the savings and loan association interested in the instrument.

Source: L. 33: p. 353, � 5. CSA: C. 25, � 73. L. 51: p. 216, � 4. CRS 53: � 122-2-28. C.R.S. 1963: � 122-2-28. L. 2024: Entire section amended, (HB 24-1381), ch.

350, p. 2374, � 29, effective August 7.

C.R.S. § 11-44-116

11-44-116. Liquidation powers of commissioner. (1) In liquidating the affairs of an association, the commissioner may:

(a)  Collect all money due to and all claims of the association and give full

receipt for the money and claims;

(b)  Release or reconvey all real or personal property pledged, hypothecated,

or transferred in trust as security for loans;

(c)  Approve and pay all just and equitable claims;


(d)  Commence and prosecute all actions and proceedings necessary to

enforce liquidations;

(e)  Compound bad or doubtful debts and compound and settle with any

debtor or creditor of the association or with the persons having possession of its property or being in any way responsible at law or in equity to the association, upon such terms and conditions and in such manner as the commissioner deems just and beneficial to the association;

(f)  In case of mutual dealings between the association and any person, allow

just setoffs in favor of such a person in all cases in which just setoffs should be allowed according to law and equity;

(g)  In case of borrowers holding shares of the association pledged to the

association as security for a loan, allow the amount paid in on the shares, together with all dividends legally declared on the shares, to be set off against the amount due on the loan; and

(h)  Sell, convey, and transfer real and personal property.


(2)  If a purchaser for any bad or doubtful debts cannot be obtained and it

appears improbable that recovery thereon can be had and that the costs of actions to enforce collections of the same would probably be lost, the court may direct that suits thereon need not be brought.

(3)  For the purpose of executing and performing any of the powers and

duties conferred upon the commissioner, the commissioner, in the name of an association or in the commissioner's own name, may:

(a)  Prosecute and defend any suit or other legal proceeding; and


(b)  Execute, acknowledge, and deliver any deeds, assignments, releases, and

other instruments necessary and proper to effectuate any sale of real or personal property or other transaction in connection with the liquidation of the association. Any deed, assignment, release, or other instrument executed pursuant to this subsection (3)(b) is valid and effectual for all purposes as if it were executed by the officers of the association by authority of its board of directors.

(4)  In case any of the real property so sold is located in a county other than

the county in which the application to the court for leave to sell the same is made, the commissioner shall cause a certified copy of the order authorizing or ratifying such sale to be filed in the office of the recorder of the county in which such real property is located.

(5)  Upon determining to liquidate an association, the commissioner shall

require an inventory of all the assets of the association to be made in duplicate, the original to be filed with the court and the duplicate in the office of the commissioner. The commissioner shall cause due notice to be given, by publication once a week for four successive weeks in a newspaper of general circulation published at or near the principal place of business of the association in this state, to all persons having claims against the association as creditors, investors, or otherwise, to present and file the claims and make legal proof of them at a place and within a time to be designated in the publication, which time must be not less than two months after the first publication. Within ten days after the first publication, the commissioner shall cause a copy of the notice to be mailed to all persons whose names appear of record upon the association's books as creditors or investors. Upon the expiration of the time fixed for the presentation of claims, the commissioner shall prepare or cause to be prepared in duplicate a full and complete schedule of all claims presented, specifying by classes those that have been approved and those that have been disapproved, and shall file the original with the court and the duplicate in the office of the commissioner. Not later than five days after filing the schedule with the court, the commissioner shall mail written notice to all claimants whose claims have been rejected.

(6)  Action to enforce the payment of any rejected claim must be brought and

process served within four months after the date of filing of the schedule of claims with the proper court; otherwise, all such actions are barred. All claims of creditors, investors, or other persons against the association or against any property owned or held by the association must be presented to the commissioner in writing and verified by the claimant or someone acting on the claimant's behalf within the time period fixed in the notice described in subsection (5) of this section for the presentation of claims. Any claims not presented are barred; except that any investor who makes a claim that appears upon the books of the association as a valid claim and is presented after the expiration of the time fixed in the notice may share in any dividends declared subsequent to the presentation of the claim.

(7) (a)  The commissioner may:


(I)  Appoint one or more special deputies to assist in the duties of liquidation

and distribution under the commissioner's direction;

(II)  Employ legal counsel, accountants, and assistants as necessary; and


(III)  Fix the salaries and compensation to be allowed and paid to special

deputies, legal counsel, accountants, and assistants.

(b)  All salaries, compensation, and other reasonable and necessary expenses

incurred in the liquidation of an association shall be paid by the commissioner from the funds of the association.

(8)  From the net realization of an association's assets in excess of salaries,

compensation, and expenses, the commissioner shall first pay all approved claims other than to investors, and thereafter the commissioner shall distribute and pay dividends in liquidation to the shareholders and investors in the association, other than holders of permanent stock, until the shareholders' and investors' claims are fully paid or the assets or funds are exhausted. Distributions shall be made as funds are available, to the extent of ten percent or more of the approved claims of the class of claimants then entitled to distribution, and shall continue until all the assets have been realized upon and a final dividend in liquidation is declared and paid.

(9)  Upon the payment of a final dividend in liquidation, the commissioner

shall prepare and file with the court a full and final statement of the liquidation, including a summary of the receipts and disbursements, and a duplicate thereof shall be filed in the office of the commissioner, and, after due hearing and approval by the court, the liquidation shall be deemed to be closed.

(10)  The determination by the commissioner to liquidate any association,

evidenced by filing written notice of such determination with the court, shall operate to stay or dissolve any actions or attachments instituted or levied within thirty days next preceding the taking of possession of such association by the commissioner, and, pending the process of liquidation, no attachment or execution shall be levied nor lien created upon any of the property of such association.

(11)  Whenever, in the case of an association that has issued permanent stock,

the commissioner has fully liquidated all claims other than claims of the stockholders and has made due provision for any and all known or unclaimed liabilities, excepting claims of permanent stockholders, and has paid all expenses of liquidation, the commissioner shall call a meeting of the stockholders of the association by giving notice of the meeting for thirty days in one or more newspapers published in the county in which the principal office of the association is located. At the meeting, the commissioner shall deliver to the stockholders all the property and effects of the association remaining in the commissioner's possession, except its records, which the commissioner shall retain. After such transfer and delivery, the commissioner is discharged from any further liability to the association or its creditors, and the association is in the same position that it would be in if it had never been authorized to transact a savings and loan business.

Source: L. 33: p. 344, � 15. CSA: C. 25, � 61. CRS 53: � 122-6-16. C.R.S. 1963:

� 122-5-16. L. 2024: (1), (3), (5) to (8), and (11) amended, (HB 24-1381), ch. 350, p. 2385, � 52, effective August 7.

C.R.S. § 11-48-106

11-48-106. Consumer protection. (1) Every financial institution using a communications facility shall provide its account holders, at the time the facility is used, with a receipt or record of each transaction initiated at a facility. Such receipt or record shall be admissible as evidence in any legal action or proceeding and shall constitute prima facie proof of the transaction evidenced by such receipt or record. When a financial institution furnishes a statement of account to an account holder, such statement shall reflect each transaction affecting such account made by the account holder at a communications facility during the period covered by the statement.

(2)  With respect to any card or other device issued to an account holder for

use at a communications facility, any account holder whose card or device is lost or stolen and subsequently used by an unauthorized person shall only be liable for the lesser of fifty dollars or the amount of money, goods, or services obtained by the unauthorized use prior to notice to the financial institution which issued the card or device of the theft or loss. If the unauthorized use occurs through no fault of the account holder, no liability shall be imposed on the account holder.

(3)  No account holder shall be held liable for any loss occurring as the result

of any tampering or manipulation of a communications facility unless he performs or authorizes such acts.

Source: L. 77: Entire article added, p. 554, � 3, effective May 20.

C.R.S. § 11-49-104

11-49-104. Recording of lien by commissioner. (1) The commissioner shall record with the county clerk and recorder of any county a notice of lien on behalf of all residents who enter into life care contracts with a provider to secure performance of the provider's obligations to residents pursuant to life care contracts. All reasonable costs of recording the lien shall be paid by the provider.

(2)  From the time of the recording, there exists a lien for an amount equal to

the reasonable value of services to be performed under a life care contract in favor of each resident on the land and improvements owned by the provider, not exempt from execution, that are listed in the notice of lien filed pursuant to subsection (3) of this section and that are located in the county in which the notice of lien is recorded.

(3)  The lien shall be perfected by the commissioner by executing by affidavit

the notice and claim of lien, which shall contain:

(a)  The legal description of the lands and improvements to be charged with a

lien;

(b)  The name of the owner of the property affected;


(c)  A statement providing that the lien has been filed by the commissioner

pursuant to this section.

(4)  The lien may be foreclosed by civil action.


(5)  Any number of persons claiming liens against the same property

pursuant to this section may join in the same action. If separate actions are commenced, the court may consolidate the actions. The court shall, as part of the costs, allow reasonable attorney fees for each claimant who is a party to the action.

(6)  In a civil action filed pursuant to this section, the judgment shall be given

in favor of each resident having a lien who has joined in the foreclosure action for the amount equal to the reasonable value of services to be performed under a life care contract in favor of each resident. The court shall order the sheriff to sell any property subject to the lien at the time judgment is given, in the same manner as real and personal property is sold on execution. The lien for the reasonable value of services to be performed under a life care contract shall be on equal footing with claims of other residents. If a sale is ordered and the property sold and the proceeds of the sale are not sufficient to discharge all liens of residents against the property, the proceeds shall be prorated among the respective residents.

(7)  The liens provided for in this section are preferred to all liens, mortgages,

or other encumbrances upon the property attaching subsequently to the time the lien is recorded and are preferred to all unrecorded liens, mortgages, and other encumbrances. The amount secured by any lien having priority to the lien filed pursuant to this section may not be increased without prior approval of the commissioner.

(8)  The commissioner shall file a release of the lien upon proof of complete

performance of all obligations to residents pursuant to life care contracts.

(9)  The commissioner may subordinate any lien filed pursuant to this section

to the lien of a first mortgage or other long-term financing obtained by the provider, regardless of the time at which the subsequent lien attaches.

Source: L. 2017: Entire article added with relocations, (SB 17-226), ch. 159, p.

570, � 1, effective August 9.

Editor's note: This section is similar to former � 12-13-106 as it existed prior

to 2017.

C.R.S. § 11-49-111

11-49-111. Life care contract and CBCC contract - content. (1) Each life care contract shall be written in a clear and coherent manner using words with common and everyday meanings and shall:

(a)  Show the value of all property transferred, including but not limited to

donations, subscriptions, fees, and any other amounts initially paid or payable by or on behalf of the prospective resident;

(b)  Show all the services that are to be provided by the provider to the

prospective resident, including, in detail, all items that the prospective resident will receive, such as board, room, clothing, incidentals, medical care, transportation, and burial, and whether the items will be provided for a designated time period or for life and the monthly charge for the services;

(c)  Be accompanied by a financial statement showing in reasonable detail

the financial condition of the provider, including a statement of earnings for the previous twenty-four-month period, or such shorter period if the facility has been in operation for a lesser period, that shall be furnished to the prospective resident;

(d)  Specify the monthly service fee and whether the fee is subject to

adjustment;

(e)  Explicitly state what rights, if any, a resident will have to participate

either individually or as part of a group of residents in management and financial decisions affecting the facility.

(2)  A community-based continued care contract must be written in a clear

and coherent manner using words with common and everyday meanings and must:

(a)  Show the value of all property transferred, including donations,

subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the participant;

(b)  Show all services that are provided by the CBCC provider to the

prospective participant, including, in detail, all items that the participant will receive, whether the items will be provided for a designated time period or for the life of the participant, and the monthly charge for the service;

(c)  Be accompanied by a financial statement showing in reasonable detail

the financial condition of the CBCC provider, including a statement of earnings for the previous thirty-six months, that must be furnished to the prospective participant;

(d)  Describe the physical health, mental health, and financial conditions of

the participant under which the CBCC provider may require the participant to end their participation in the program;

(e)  Describe the circumstances under which a participant may remain in the

program in the event that a participant is unable to produce a required payment;

(f) (I)  Provide that the CBCC provider shall not cancel a community-based

continuing care contract with the participant without showing good cause. Good cause is limited to the following:

(A)  Proof that the participant is a danger to themself or others;


(B)  Persistent nonpayment by the participant of a monthly or periodic fee;


(C)  Repeated conduct by the participant that interferes with other

participants' quiet enjoyment of a facility or service;

(D)  Persistent refusal to comply with written rules and regulations of the

program;

(E)  A material misrepresentation made intentionally or recklessly by the

participant in their application for participation in the program, or related materials, regarding information that, if accurately provided, would result in either the participant not qualifying for participation or a material increase in the cost of providing the care and services provided under the CBCC contract to the participant; or

(F)  A material breach by the participant of the terms and conditions of the

community-based continuing care contract.

(II)  If a CBCC provider intends to cancel a CBCC contract and terminate a

participant's participation, the provider must give the participant written notice of, and a reasonable opportunity to cure within a reasonable period, the conduct that warrants the cancellation of the CBCC contract. The notice must specify which of the circumstances described in subsection (2)(f)(I) of this section occurred that warrants termination of the CBCC contract.

(g)  Provide in clear and understandable language, in print no larger than the

largest type used in the body of the CBCC contract, the terms governing a refund of a portion of the CBCC entrance fee and the manner in which the CBCC provider may use the funds from the CBCC entrance fee if not refunded;

(h)  State the terms that a CBCC contract is cancelled by the death of the

participant. The CBCC contract may contain a provision to the effect that, upon the death of the participant, the money paid for the community-based continuing care of the participant is considered earned and is property of the CBCC provider.

(i)  Provide a participant with at least a thirty-day notice prior to a change in

fees, charges, or the scope of care or services, except for changes required by state or federal law.

(3)  A participant has the right to rescind a CBCC contract and receive a full

refund of the CBCC entrance fee within seven days after making an initial deposit or executing the CBCC contract. A participant is not required to begin the provision of care or services outlined in the participant's CBCC contract before the expiration of the seven-day period.

(4)  If a participant dies before the program begins, or is precluded from

participating in the program due to illness, injury, or incapacity, the contract automatically rescinds and the participant or the participant's legal representative must receive a full refund of all money paid to the CBCC provider, except costs specifically incurred by the CBCC provider at the request of the participant and set forth in writing in a separate addendum signed by both parties to the contract.

Source: L. 2017: Entire article added with relocations, (SB 17-226), ch. 159, p.

574, � 1, effective August 9. L. 2025: (2), (3), and (4) added, (HB 25-1184), ch. 210, p. 949, � 8, effective August 6.

Editor's note: This section is similar to former � 12-13-114 as it existed prior to

2017.

C.R.S. § 11-51-310

11-51-310. Denial or revocation of exemptions. (1) (a) The securities commissioner may, by order, deny or revoke the exemption specified in section 11-51-307 (1)(g) with respect to a specific security or transaction if the securities commissioner finds that such order is necessary in the public interest and for the protection of investors.

(b)  The securities commissioner may, by summary order under section 11-51-606 (3)(b), summarily suspend the exemption specified in section 11-51-307 (1)(g) as

to a specific security or issuer pending final determination of any proceeding under this subsection (1).

(2)  The securities commissioner may, by rule or order, deny or revoke any

exemption specified in section 11-51-308 (1)(i), (1)(j), and (1)(p) with respect to a specific security, transaction, issuer, or class of persons if the issuer, any of its predecessors, or any of the issuer's directors, officers, general partners, beneficial owners of ten percent or more of any class of its equity securities, or any of its promoters then presently connected with the issuer in any capacity has been convicted within ten years of any felony in connection with the purchase or sale of any security. Such ten years shall be any ten years prior to any offer or sale of a security for which such exemption would otherwise be available.

(3)  No order under subsection (1) or (2) of this section may operate

retroactively. No person may be considered to have violated section 11-51-301 or 11-51-305 by reason of any offer or sale effected after the entry of an order under subsection (1) or (2) of this section if that person sustains the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the order.

Source: L. 90: Entire article R&RE, p. 720, � 1, effective July 1. L. 94: (1)(b)

amended, p. 1839, � 3, effective July 1.

Editor's note: This section is similar to former � 11-51-113 as it existed prior to

1990.

C.R.S. § 11-51-401

11-51-401. Licensing and notice filing requirements. (1) A person shall not transact business in this state as a broker-dealer or sales representative unless licensed or exempt from licensing under section 11-51-402.

(1.5)  A person with a place of business in this state shall not transact

business in this state as an investment adviser or investment adviser representative unless such person is licensed as such or exempt from licensing under section 11-51-402.

(1.6)  A federal covered adviser either with a place of business in this state or

who employs or otherwise engages an individual with a place of business in this state to act as an investment adviser representative shall not transact business in this state as a federal covered adviser unless such adviser has filed with the securities commissioner the notice and fee required in sections 11-51-403 and 11-51-404.

(2)  Neither a broker-dealer nor an issuer shall employ or otherwise engage

an individual to act as a sales representative in this state unless the sales representative is licensed or exempt from licensing under section 11-51-402.

(2.5)  An investment adviser shall not employ or otherwise engage any

individual with a place of business in this state to act as an investment adviser representative in this state unless such individual is licensed in accordance with section 11-51-403 or is exempt from licensing under section 11-51-402 (1).

(3)  No broker-dealer, investment adviser, or issuer shall employ or otherwise

engage a person to participate in any activity in this state contrary to an order by the securities commissioner applicable to that person under section 11-51-410. A broker-dealer, investment adviser, or issuer does not violate this subsection (3) if the broker-dealer, investment adviser, or issuer sustains the burden of proof that it did not know and in the exercise of reasonable care could not have known of the order. Upon request from a broker-dealer, investment adviser, or issuer and for good cause shown, the securities commissioner may waive the prohibition of this subsection (3) with respect to a person subject to an order under section 11-51-410.

(4)  No person shall act as an investment adviser for a local government

investment pool trust fund under article 75 of title 24, C.R.S., unless the person has first notified the securities commissioner by filing the form prescribed by the securities commissioner.

Source: L. 90: Entire article R&RE, p. 720, � 1, effective July 1. L. 98: (1.5), (1.6),

(2.5), and (4) added and (3) amended, p. 550, � 4, effective January 1, 1999.

Editor's note: This section is similar to former � 11-51-105 as it existed prior to

1990.

Cross references: For provisions concerning the use of the term transacting

business in this state in subsections (1.5), (1.6), and (2.5) of this section, see � 11-51-102 (8); for the applicability of subsections (1) and (2), see � 11-51-102 (1) and (2).

C.R.S. § 11-51-410

11-51-410. Denial, suspension, or revocation. (1) The securities commissioner may by order deny an application for a license, suspend or revoke a license, censure a licensed person, limit or impose conditions on the securities activities that a licensed person may conduct in this state, and bar a person from association with any licensed broker-dealer, investment adviser, or federal covered adviser in the conduct of its business in this state in such capacities and for such period as the order specifies. These sanctions may be imposed only if the securities commissioner makes a finding, in addition to the findings required by section 11-51-704 (2), that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, a partner, officer, director, person occupying a similar status or performing similar functions, or person directly or indirectly controlling the broker-dealer or investment adviser:

(a)  Has filed an application for a license with the securities commissioner

that, as of the effective date of the license or as of any date after filing in the case of an order denying effectiveness, was false or misleading as a result of an untrue statement of a material fact or an omission to state a material fact, unless the applicant sustains the burden of proof that the applicant did not know and in the exercise of reasonable care could not have known of the untruth or omission;

(b)  Has willfully violated or willfully failed to comply with any provision of

this article or any rule or order under this article, except any rule that is subject to the additional findings required by paragraph (g) of this subsection (1);

(c)  Within the past ten years, has entered a plea of guilty or nolo contendere

to, or has been convicted of, any felony, any misdemeanor involving a breach of fiduciary duty or fraud, or any misdemeanor in connection with a purchase or sale of a security;

(d)  Is subject to a temporary or permanent injunction issued by a court of

competent jurisdiction in an action instituted by the securities commissioner, the securities agency or administrator of another state or a foreign jurisdiction, the securities and exchange commission, or the commodity futures trading commission, for violating any securities registration or broker-dealer, investment adviser, federal covered adviser, or similar license requirement in any federal, state, or foreign law or for engaging in fraudulent conduct;

(e)  Is currently the subject of an order of the securities commissioner

denying, suspending, or revoking the person's license as a broker-dealer, investment adviser, sales representative, or investment adviser representative or barring the person from association with any licensed broker-dealer, investment adviser, or federal covered adviser;

(f)  Is currently the subject of any of the following orders issued within the

past five years:

(I)  An order by the securities agency or administrator of another state or a

foreign jurisdiction, entered after notice and opportunity for hearing and based upon fraudulent conduct, denying or revoking the person's license as a broker-dealer, investment adviser, sales representative, or investment adviser representative, or the substantial equivalent of those terms, or suspending or barring the right of the person to be associated with a broker-dealer, investment adviser, or federal covered adviser;

(II)  An order by the securities and exchange commission, entered after notice

and opportunity for hearing, denying, suspending, or revoking the person's registration as a broker-dealer under the federal Securities Exchange Act of 1934 or as an investment adviser under the federal Investment Advisers Act of 1940 or suspending or barring the right of the person to be associated with a broker-dealer or investment adviser;

(III)  An order by the commodity futures trading commission, entered after

notice and opportunity for hearing, denying, suspending, or revoking registration under the federal Commodity Exchange Act; or

(IV)  A suspension or expulsion from membership in or association with a

member of a self-regulatory organization;

(g)  Has willfully engaged in a course of conduct involving the violation of one

or more rules made by the securities commissioner that prohibit unfair and dishonest dealings by a broker-dealer or sales representative, including any rule that may be made to define conduct prohibited by section 11-51-501, if each such rule is based upon a finding, in addition to the findings required by section 11-51-704 (2), which finding itself must be based on information provided by broker-dealers and sales representatives at a hearing on the proposed rule, that licensed broker-dealers and sales representatives who will be required to comply with the rule generally agree that the conduct prohibited by the rule does not meet prevailing standards of fair and honest dealing within the securities industry and that it is reasonable to expect the rule will prevent or deter such conduct;

(h)  In the case of a broker-dealer who is not registered under the federal

Securities Exchange Act of 1934, is not in compliance with of section 11-51-407 (4);

(i)  Has failed reasonably to supervise, with a view to preventing violations of

this article, another person who is subject to the person's supervision and who commits such a violation, but for the purpose of this paragraph (i) no person shall be deemed to have failed to supervise another person if there existed established procedures, and a system for applying such procedures, which would reasonably be expected to prevent and detect, insofar as practicable, any such violation by such other person and such person reasonably discharged the duties and obligations incumbent upon such person by reason of such procedures and system without reasonable cause to believe that such procedures and system were not being complied with;

(j)  Has ceased to do business as a broker-dealer, investment adviser, sales

representative, or investment adviser representative;

(k)  Has offered or sold to a public entity in the state of Colorado a financial

instrument that such person knew or should have known does not qualify for sale to the public entity under section 24-75-601.1, C.R.S.;

(l)  In the case of an investment adviser or investment adviser representative,

willfully has:

(I)  Failed to provide a client with a written disclosure statement as required

pursuant to section 11-51-409.5; or

(II)  Engaged in conduct contrary to one or more rules wherein the securities

commissioner prohibits dishonest or unethical conduct in connection with providing investment advisory services. This subparagraph (II) applies to an investment adviser representative employed by or affiliated with a federal covered adviser only to the extent permitted under the federal National Securities Markets Improvement Act of 1996. In the interests of uniformity, any rules promulgated pursuant to this subparagraph (II) shall be coordinated and consistent with the regulation of federal covered advisers by the securities and exchange commission under the federal Investment Advisers Act of 1940 and the rules promulgated pursuant to that act, and with the rules of other states regarding such conduct by investment advisers and investment adviser representatives, unless the securities commissioner makes the specific finding that to do so would be contrary to the public interest, the protection of investors and advisory clients in this state, and the purposes of this article.

(m)  After notice and opportunity for a hearing, has been found within the

previous ten years:

(I)  By a court with jurisdiction, to have wilfully violated the laws of a foreign

jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated;

(II)  To have been the subject of an order of a securities regulator of a foreign

jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, sales representative, investment adviser, investment adviser representative, or similar person; or

(III)  To have been suspended or expelled from membership or participation in

a securities exchange or securities association operating under the securities laws of a foreign jurisdiction; or

(n) (I)  Is not qualified because of training, experience, or knowledge of the

securities business; except that in the case of an applicant who is a sales representative for a broker-dealer that is a member of a self-regulatory organization or for an individual as an investment adviser representative, a denial order may not be based on this paragraph (n) if the applicant has successfully completed all examinations required by this article.

(II)  The securities commissioner may require an applicant for a license

pursuant to section 11-51-403, who has not been registered or licensed in any state within the two years preceding the filing of an application in this state, to successfully complete an examination.

(2)  The securities commissioner may not begin a proceeding under this

section against any person more than ninety days after a license has been issued to that person on the basis of a fact or transaction which the person shows was known to the securities commissioner when the license was issued or when any prior license of the same class was issued to that person if such prior license was not revoked on the basis, in whole or in part, of such fact or transaction.

(3)  For good cause shown the securities commissioner may waive or modify

an order previously made under this section as it applies to any person with the consent of that person.

(4)  The securities commissioner may suspend the license of a licensee

pursuant to a summary order issued under section 11-51-606 (4) and such order shall be valid pending a final determination in any proceeding brought pursuant to this section subject to any modification made to such order under section 11-51-606 (4)(c).

(5)  Where a person is an applicant for a license, or is licensed by the

securities commissioner in more than one capacity, or both, and one or more grounds for sanction as set forth in subsection (1) of this section as they may apply to one application, license, or association with a broker-dealer, investment adviser, or federal covered adviser has been established either by findings of fact and conclusions of law or alleged before the securities commissioner on stipulation, the securities commissioner may impose one or more of such sanctions not only regarding the application, license, or association giving rise to the matter, but also upon any other application, license, or association under this section if the securities commissioner makes the additional findings that to do so is necessary and appropriate in the public interest and for the protection of investors.

Source: L. 90: Entire article R&RE, p. 726, � 1, effective July 1. L. 94: (1)(d) and

(1)(f)(I) amended and (4) added, p. 1839, � 4, effective July 1. L. 95: (1)(i) and (1)(j) amended and (1)(k) added, p. 774, � 3, effective May 24. L. 98: (1) amended and (5) added, p. 559, � 14, effective January 1, 1999. L. 2004: (1)(m) and (1)(n) added, p. 515, � 3, effective July 1.

Editor's note: This section is similar to former � 11-51-111 as it existed prior to

1990.

Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Investment Advisers Act of 1940,

see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.; for the Commodity Exchange Act, see Pub.L. 67-331, codified at 7 U.S.C. � 1 et seq.; for the National Securities Markets Improvement Act of 1996, see Pub.L. 104-290, 110 Stat. 3416.

C.R.S. § 11-51-604

11-51-604. Civil liabilities. (1) Any person who sells a security in violation of section 11-51-301 is liable to the person buying the security from such seller for the consideration paid for the security, together with interest at the statutory rate from the date of payment, costs, and reasonable attorney fees, less the amount of any income received on the security, upon the tender of the security, or is liable for damages if the buyer no longer owns the security. Damages are deemed to be the amount that would be recoverable upon a tender, less the value of the security when the buyer disposed of it, and interest at the statutory rate from the date of disposition. No person is liable under this subsection (1) for a violation of section 11-51-301 due solely to a failure to file the prescribed notification of exemption or to pay the required exemption fee for an exemption under section 11-51-308 (1)(p).

(2) (a)  Except as provided in paragraph (b) of this subsection (2), any broker-dealer or sales representative who sells a security in violation of section 11-51-401 is

liable to the person buying the security from such seller for the consideration paid for the security, together with interest at the statutory rate from the date of payment, costs, and reasonable attorney fees, less the amount of any income received on the security, upon the tender of the security, or is liable for damages if the buyer no longer owns the security. Damages are deemed to be the amount that would be recoverable upon a tender, less the value of the security when the buyer disposed of it, and interest at the statutory rate from the date of disposition.

(b)  No broker-dealer or sales representative is liable under this subsection

(2) for a sale of a security exempt from registration under section 11-51-307 (1)(g) to (1)(j) or for a sale of a security in a transaction exempt from registration under section 11-51-308 (1)(a), (1)(e) to (1)(l), (1)(o), or (1)(p); but this paragraph (b) does not apply if at the time of such sale:

(I)  In the case of a violation of section 11-51-401 arising from the failure of a

broker-dealer to be licensed under this article, such broker-dealer was registered as a broker-dealer under the federal Securities Exchange Act of 1934, licensed as a broker-dealer or its equivalent under the laws of another state, or held a limited license under this article; or

(II)  In the case of a violation of section 11-51-401 arising from the failure of a

sales representative to be licensed under this article, such sales representative was licensed as a sales representative or its equivalent under the laws of another state, held a limited license under this article, or in connection with such sale was acting for a broker-dealer which was registered as a broker-dealer under the federal Securities Exchange Act of 1934, licensed as a broker-dealer or its equivalent under the laws of another state, or licensed under this article.

(2.5)  An investment adviser or investment adviser representative who

violates section 11-51-401 is liable to each person to whom investment advisory services are provided in violation of such section in an amount equal to the greater of one thousand dollars or the value of all the benefits derived directly or indirectly from the relationship or dealings with such person prior to such time as the violation may be cured, together with interest at the statutory rate from the date of receipt of such benefits, costs, and reasonable attorney fees.

(2.6)  An investment adviser or investment adviser representative who

provides investment advisory services to another person but who recklessly, knowingly, or with an intent to defraud fails to furnish to that person a written disclosure statement as required by section 11-51-409.5 is liable to such other person in an amount equal to one thousand dollars, the value of all benefits derived directly or indirectly from the relationship or dealings with such person, or for actual damages suffered by such other person, whichever is greatest, plus interest at the statutory rate, costs, reasonable attorney fees, or such other legal or equitable relief as the court may deem appropriate.

(3)  Any person who recklessly, knowingly, or with an intent to defraud sells

or buys a security in violation of section 11-51-501 (1) or provides investment advisory services to another person in violation of section 11-51-501 (5) or (6) is liable to the person buying or selling such security or receiving such services in connection with the violation for such legal or equitable relief that the court deems appropriate, including rescission, actual damages, interest at the statutory rate, costs, and reasonable attorney fees.

(4)  Any person who sells a security in violation of section 11-51-501 (1)(b)(the

buyer not knowing of the untruth or omission) and who does not sustain the burden of proof that such person did not know, and in the exercise of reasonable care could not have known, of the untruth or omission is liable to the person buying the security from such person, who may sue to recover the consideration paid for the security, together with interest at the statutory rate from the date of payment, costs, and reasonable attorney fees, less the amount of any income received on the security, upon the tender of the security, or is liable for damages if the buyer no longer owns the security. Damages are deemed to be the amount that would be recoverable upon a tender, less the value of the security when the buyer disposed of it, and interest at the statutory rate from the date of disposition.

(5) (a)  Every person who, directly or indirectly, controls a person liable under

subsection (1), (2), (2.5), (2.6), or (3) of this section is liable jointly and severally with and to the same extent as such controlled person, unless the controlling person sustains the burden of proof that such person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.

(b)  Every person who, directly or indirectly, controls a person liable under

subsection (3) or (4) of this section is liable jointly and severally with and to the same extent as such controlled person, unless such controlling person sustains the burden of proof that such person acted in good faith and did not, directly or indirectly, induce the act or acts constituting the violation or cause of action.

(c)  Any person who knows that another person liable under subsection (3) or

(4) of this section is engaged in conduct which constitutes a violation of section 11-51-501 and who gives substantial assistance to such conduct is jointly and severally liable to the same extent as such other person.

(6)  Any tender specified in this section may be made at any time before entry

of judgment.

(7)  Every cause of action under this article survives the death of any

individual who might have been a plaintiff or defendant.

(8)  No person may sue under subsection (1), (2), (2.5), or (2.6) or paragraph (a)

of subsection (5) of this section more than two years after the contract of sale, or, as those provisions pertain to investment advisers, federal covered advisers, investment adviser representatives, and persons who provide investment advisory services, more than two years after the date of the violation. No person may sue under subsection (3) or (4) or paragraph (b) or (c) of subsection (5) of this section more than three years after the discovery of the facts giving rise to a cause of action under subsection (3) or (4) of this section or after such discovery should have been made by the exercise of reasonable diligence and in no event more than five years after the purchase or sale, or, as those provisions pertain to investment advisers, federal covered advisers, investment adviser representatives, and persons who provide investment advisory services, more than five years after the date of the violation.

(9)  No buyer or seller of securities or recipient of investment advice may sue

under this section if:

(a)  The buyer or seller of securities or recipient of investment advice

receives, before the action is commenced, documentation of:

(I)  An offer stating how liability under this section may arise and fairly

advising the buyer or seller of securities or recipient of investment advice of that person's rights in connection with the offer and any information necessary, including financial, to correct any material misrepresentation or omission in the information that was required by this article to be furnished to the person at the time of the purchase, sale, or rendering of investment advice;

(II)  If the basis for relief under this subsection (9) is for a violation of

subsection (1), (3), or (4) of this section and the person seeking recision is a buyer of securities:

(A)  An offer to repurchase the security for cash, payable on delivery of the

security, in an amount equal to the consideration paid plus interest at the statutory rate from the date of the purchase less the amount of any income received on the security; or

(B)  If the buyer no longer owns the security, an offer to pay the purchaser,

upon acceptance of the offer, damages in the amount that would be recoverable upon tender of the security less the value of the security when the buyer disposed of the security plus interest at the statutory rate from the date of the purchase, in cash, equal to the damages computed in the manner provided in this subparagraph (II);

(III)  If the basis for relief under this subsection (9) is for a violation of

subsection (1), (3), or (4) of this section and the person seeking recision is a seller of securities:

(A)  An offer to tender the security, on payment by the seller of an amount

equal to the purchase price paid, less income received on the security by the buyer, and interest at the statutory rate after the date of sale of the security to the buyer; or

(B)  If the buyer no longer owns the security, an offer to pay the seller of the

security upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the buyer's conduct that may have caused liability and interest at the statutory rate after the date of sale of the security by the seller to the buyer;

(IV)  If the basis for relief under this subsection (9) is a violation of subsection

(2) of this section:

(A)  If the person is a buyer, an offer to pay pursuant to subparagraph (II) of

this paragraph (a); or

(B)  If the person is a seller of securities, an offer to tender or to pay as

specified in subparagraph (III) of this paragraph (a);

(V)  If the basis for relief under this subsection (9) is a violation of subsection

(2.5) of this section, an offer to reimburse, in cash, the consideration paid for the advice and interest at the statutory rate from the date of the payment;

(VI)  If the basis for relief under this subsection (9) is a violation of subsection

(2.6) of this section, an offer to reimburse, in cash, the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest at the statutory rate from the date of the violation causing the loss;

(b)  The offer pursuant to paragraph (a) of this subsection (9) states that the

offer must be accepted by the buyer or seller of securities or recipient of investment advice within thirty days after the offer is mailed by the buyer or seller of securities or recipient of investment advice. The party seeking recision may request that the securities commissioner authorize a time period for acceptance that is less than thirty days but not less than three days. The securities commissioner shall have the authority to grant such change in the acceptance period.

(c)  The offeror has the ability to pay the amount offered or to tender the

security under paragraph (a) of this subsection (9) at the time the offer is made;

(d)  The offer pursuant to paragraph (a) of this subsection (9) is delivered to

the buyer or seller of securities or recipient of investment advice, or sent in a manner that ensures receipt by the buyer or seller of securities or recipient of investment advice; or

(e)  The buyer or seller of securities or recipient of investment advice who

accepts the offer made pursuant to paragraph (a) of this subsection (9) is paid in accordance with the terms of the offer.

(10)  No person who has made or engaged in the performance of any contract

in violation of any provision of this article or any rule or order under this article or who has acquired any purported right under any such contract with knowledge of the facts by reason of which the making or performance of any such contract was in violation may base any suit on the contract.

(11)  Any condition, stipulation, or provision binding any person acquiring or

disposing of any security to waive compliance with any provision of this article or any rule or order under this article is void.

(12)  The rights and remedies provided by this article may be pleaded and

proved in the alternative and are in addition to any other rights or remedies that may exist at law or in equity, but this article does not create any cause of action not specified in this section or section 11-51-602.

(13)  Any person liable under this section may seek and obtain contribution

from other persons liable under this section, directly or indirectly, for the same violation. Contribution shall be awarded by the court in accordance with the actual relative culpabilities of the various persons so liable.

(14)  In the case of a willful violation of or a willful refusal to comply with or

obey an order issued by the securities commissioner to any person pursuant to section 11-51-410 or 11-51-606, the district court of the city and county of Denver, upon application by the securities commissioner, may issue to the person an order requiring that person to appear before the court regarding such violation or refusal. If the securities commissioner establishes by a preponderance of the evidence that the person willfully violated or willfully refused to comply with or obey the order, the court may impose legal and equitable sanctions as are available to the court in the case of contempt of court and as the court deems appropriate upon such person.

Source: L. 90: Entire article R&RE, p. 731, � 1, effective July 1. L. 94: (14)

added, p. 1840, � 6, effective July 1. L. 98: (2.5) and (2.6) added and (3), (5)(a), and (8) amended, p. 564, � 18, effective January 1, 1999. L. 2004: (9) amended, p. 515, � 4, effective July 1.

Editor's note: This section is similar to former � 11-51-125 as it existed prior to

1990.

Cross references: For the applicability of this section, see � 11-51-102 (7); for

the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.

C.R.S. § 11-51-605

11-51-605. Burden of proof. In any proceeding under this article, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

Source: L. 90: Entire article R&RE, p. 733, � 1, effective July 1.


Editor's note: This section is similar to former � 11-51-113 (5) as it existed prior

to 1990.

C.R.S. § 11-53-109

11-53-109. Liability of principals, controlling persons, and others. (1) The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person.

(2)  Every person who directly or indirectly controls another person liable

under any provision of this article, every partner, officer, or director of such liable person, every person occupying a similar status or performing similar functions to such liable person, and every employee of such liable person who materially aids in the violation is also liable jointly and severally with and to the same extent as the person liable under the provisions of this article unless the person who is also liable by virtue of this subsection (2) sustains the burden of proof that the person did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.

Source: L. 89: Entire article R&RE, p. 636, � 1, effective July 1.

C.R.S. § 11-53-209

11-53-209. Pleading exemptions. It shall not be necessary to plead in the negative any of the exemptions of this article in any complaint, information, or indictment or any writ or proceeding brought under this article; and the burden of proof of any such exemption shall be upon the party claiming the same.

Source: L. 89: Entire article R&RE, p. 640, � 1, effective July 1.

C.R.S. § 11-54-111

11-54-111. Public security provisions. (1) Public securities, including refunding public securities issued under this article and local district college revenue securities issued under the provisions of article 71 of title 23, C.R.S., shall bear interest at a rate such that the net effective interest rate of the issue of refunding public securities or local district college revenue securities does not exceed the maximum net effective interest rate authorized. Such interest shall be payable semiannually or annually and evidenced by one or two sets of coupons, if any, executed with the facsimile or manually executed signature of any official of the issuer; except that the first coupon appertaining to any public security may evidence interest not in excess of one year, and such securities may be in one or more series, may bear such date, may mature at such times not exceeding forty years from their respective dates, may be designated or redesignated, may be in such denomination, may be payable in such medium of payment and at such place within or without the state, including but not limited to the office of any county treasurer in which the issuer is located wholly or in part, may carry such registration privileges, may be subject to such terms of prior redemption in advance of maturity in such order or by lot or otherwise at such time with or without a premium, may be executed in such manner, may bear such privileges for reissuance in the same or other denominations, may be so reissued, without modification of maturities and interest rates, and may be in such form, either coupon or registered, as may be provided by ordinance of the governing body of the issuer. The governing body may provide for the subordination of the security of any public securities issued under this article and the payment of principal and interest thereon, to the extent deemed feasible and desirable by the governing body, to other public securities issued to finance facilities appertaining thereto or that may be outstanding when the public securities thus subordinated are issued and delivered.

(2)  The public securities shall never be sold at less than ninety-five percent

of the principal amount thereof and accrued interest thereon to the date of delivery, nor at a price which will result in a net effective interest rate to the issuer of more than the maximum net effective interest rate authorized by the governing body.

(3)  Public securities may be issued with privileges for conversion or

registration, or both, for payment as to principal or interest, or both; and, where interest accruing on the public securities is not represented by interest coupons, the public securities may provide for the endorsing of payments of interest thereon; and the public securities generally shall be issued in such manner, in such form, either coupon or registered, with such recitals, terms, covenants, and conditions, and with such other details as may be provided by the governing body, except as otherwise provided in this article.

(4)  Subject to the payment provisions specifically provided in this article, the

said public securities, any interest coupons thereto attached, and any temporary public securities shall be fully negotiable within the meaning and for all the purposes of investment securities (uniform commercial code), article 8 of title 4, C.R.S., except as the governing body may otherwise provide; and each holder of each such public security, by accepting such security, shall be conclusively deemed to have agreed that such public security, except as otherwise provided, is and shall be fully negotiable within the meaning and for all the purposes of investment securities (uniform commercial code), article 8 of title 4, C.R.S.

(5)  Notwithstanding any other provision of law, the governing body in any

proceedings authorizing public securities under this article:

(a)  May provide for the initial issuance of one or more public securities,

called public security in this subsection (5), aggregating the amount of the entire issue, or any designated portion thereof;

(b)  May make such provision for installment payments of the principal

amount of any such public security as it may consider desirable;

(c)  May provide for the making of any such public security, payable to bearer

or otherwise, registrable as to principal or as to both principal and interest and, where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such public securities; and

(d)  May further make provision in any such proceedings for the manner and

circumstances in and under which any such public security may in the future, at the request of the holder thereof, be converted into public securities of smaller denominations, which public securities of smaller denominations may in turn be either coupon public securities or public securities registrable as to principal or as to both principal and interest.

(6)  If lost or completely destroyed, any public security authorized in this

article may be reissued in the form and tenor of the lost or destroyed public security upon the owner furnishing, to the satisfaction of the governing body: Proof of ownership; proof of loss or destruction; a surety bond in twice the face amount of the public security, including any unmatured coupons appertaining thereto; and payment of the cost of preparing and issuing the new public security.

(7)  Any officer authorized to execute any public security, after filing with the

secretary of state his manual signature certified by him under oath, may execute or cause to be executed, with a facsimile signature in lieu of his manual signature, any public security authorized in this article; except that such a filing is not a condition of execution with a facsimile signature of any interest coupon, and except that at least one signature required or permitted to be placed on each such public security, excluding any interest coupon, shall be manually subscribed. The facsimile signature of an officer shall have the same legal effect as his manual signature.

(8)  The clerk or secretary of the issuer may cause the seal of the issuer to be

printed, engraved, stamped, or otherwise placed in facsimile on any public security. The facsimile seal shall have the same legal effect as the impression of the seal.

(9)  The ordinance authorizing any public securities or other instrument

appertaining thereto may contain any agreement or provision customarily contained in instruments securing revenue bonds or like public securities, including without limiting the generality of the foregoing, covenants designated in section 11-54-113.

Source: L. 63: p. 891, � 11. C.R.S. 1963: � 125-8-11. L. 70: p. 110, � 5. L. 72: p.

619, � 159. L. 75: (1) amended, p. 785, � 2, effective July 1; (4) amended, p. 207, � 12, effective July 16.

C.R.S. § 11-55-107

11-55-107. Limitations on actions brought. (1) No action based upon any public security authorized and issued on or after July 1, 1969, shall be commenced more than eighteen years after the final maturity date of the issue of which such public security is one.

(2)  No action based upon any public security issued prior to July 1, 1969, shall

be commenced more than eighteen years after the final maturity date of the issue of which such public security is one.

(3)  No action based upon any claim for interest accrued on any public

security, whether said claim is evidenced by interest coupons or not, shall be commenced after action based upon said public security has been barred.

(4)  The provisions of this section shall be inoperative as to any public

security unless the treasurer of the issuing political subdivision at least six months and not more than twelve months prior has sent to the holder of record of such public security, at his last-known address as shown on the books of such treasurer, a notice of the provisions of this section. A copy of such letter of notice held in such treasurer's records shall be conclusive proof that the requirements of this subsection (4) have been complied with.

Source: L. 69: R&RE, p. 1083, � 1. C.R.S. 1963: � 125-6-7.

C.R.S. § 12-10-202

12-10-202. License required. It is unlawful for any person, firm, partnership, limited liability company, association, or corporation to engage in the business or capacity of real estate broker in this state without first having obtained a license from the commission. No person shall be granted a license until the person establishes compliance with the provisions of this part 2 concerning education, experience, and testing; truthfulness and honesty and otherwise good moral character; and, in addition to any other requirements of this section, competency to transact the business of a real estate broker in such manner as to safeguard the interest of the public and only after satisfactory proof of the qualifications, together with the application for the license, is filed in the office of the commission. In determining the person's character, the commission shall be governed by section 24-5-101.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

618, � 1, effective October 1.

Editor's note: This section is similar to former � 12-61-102 as it existed prior

to 2019.

C.R.S. § 12-10-203

12-10-203. Application for license - rules - definition. (1) (a) All persons desiring to become real estate brokers shall apply to the commission for a license under the provisions of this part 2. Application for a license as a real estate broker shall be made to the commission upon forms or in a manner prescribed by the commission.

(b) (I)  Prior to submitting an application for a license pursuant to subsection

(1)(a) of this section, each applicant shall submit a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The applicant shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the commission. The commission shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check.

(II)  For purposes of this subsection (1)(b), applicant means an individual, or

any person designated to act as broker for any partnership, limited liability company, or corporation pursuant to subsection (6) of this section.

(2)  Every real estate broker licensed under this part 2 shall maintain a place

of business within this state, except as provided in section 12-10-208. In case a real estate broker maintains more than one place of business within the state, the broker shall be responsible for supervising all licensed activities originating in the offices.

(3)  The commission is authorized by this section to require and procure any

such proof as is necessary in reference to the truthfulness, honesty, and good moral character of any applicant for a real estate broker's license or, if the applicant is a partnership, limited liability company, or corporation, of any partner, manager, director, officer, member, or stockholder if the person has, either directly or indirectly, a substantial interest in the applicant prior to the issuance of the license.

(4) (a)  An applicant for a broker's license shall be at least eighteen years of

age. The applicant must furnish proof satisfactory to the commission that the applicant has either received a degree from an accredited degree-granting college or university with a major course of study in real estate or has successfully completed courses of study, approved by the commission, at any accredited college or university or any private occupational school that has a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of title 23 or that has been approved by the commission or licensed by an official state agency of any other state as follows:

(I)  Forty-eight hours of classroom instruction or equivalent correspondent

hours in real estate law and real estate practice; and

(II)  Forty-eight hours of classroom instruction or equivalent correspondent

hours in understanding and preparation of Colorado real estate contracts; and

(III)  A total of seventy-two hours of instruction or equivalent correspondence

hours from the following areas of study:

(A)  Trust accounts and record keeping;


(B)  Real estate closings;


(C)  Current legal issues; and


(D)  Practical applications.


(b)  An applicant for a broker's license who has been licensed as a real estate

broker in another jurisdiction shall be required to complete only the course of study comprising the subject matter areas described in subsections (4)(a)(II) and (4)(a)(III)(B) of this section.

(c)  An applicant for a broker's license who has been licensed as a real estate

salesperson in another jurisdiction shall be required to complete only the course of study required in subsections (4)(a)(II) and (4)(a)(III) of this section.

(5) (a)  The applicant for a broker's license shall submit to and pass an

examination designated to determine the competency of the applicant and prepared by or under the supervision of the commission or its designated contractor. The commission may contract with an independent testing service to develop, administer, or grade examinations or to administer licensee records. The contract may allow the testing service to recover the costs of the examination and the costs of administering exam and license records from the applicant. The commission may contract separately for these functions and allow recovered costs to be collected and retained by a single contractor for distribution to other contractors. The commission shall have the authority to set the minimum passing score that an applicant must receive on the examination, and the score shall reflect the minimum level of competency required to be a broker. The examination shall be given at such times and places as the commission prescribes. The examination shall include, but not be limited to, ethics, reading, spelling, basic mathematics, principles of land economics, appraisal, financing, a knowledge of the statutes and law of this state relating to deeds, trust deeds, mortgages, listing contracts, contracts of sale, bills of sale, leases, agency, brokerage, trust accounts, closings, securities, the provisions of this part 2, and the rules of the commission. The examination for a broker's license shall also include the preparation of a real estate closing statement.

(b)  An applicant for a broker's license who has held a real estate license in

another jurisdiction that administers a real estate broker's examination and who has been licensed for two or more years prior to applying for a Colorado license may be issued a broker's license if the applicant establishes that he or she possesses credentials and qualifications that are substantively equivalent to the requirements in Colorado for licensure by examination.

(c)  In addition to all other applicable requirements, the following provisions

apply to brokers that did not hold a current and valid broker's license on December 31, 1996:

(I)  No such broker shall engage in an independent brokerage practice

without first having served actively as a real estate broker for at least two years. The commission shall adopt rules requiring an employing broker to ensure that a high level of supervision is exercised over such a broker during the two-year period.

(II)  No such broker shall employ another broker without first having

completed twenty-four clock hours of instruction, or the equivalent in correspondence hours, as approved by the commission, in brokerage administration.

(III)  Effective January 1, 2019, a broker shall not act as an employing broker

without first demonstrating, in accordance with rules of the commission, experience and knowledge sufficient to enable the broker to employ and adequately supervise other brokers, as appropriate to the broker's area of supervision. The commission's rules must set forth the method or methods by which the broker may demonstrate the experience and knowledge, either by documenting a specified number of transactions that the broker has completed or by other methods.

(6) (a)  Real estate brokers' licenses may be granted to individuals,

partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a qualified, active broker to be responsible for management and supervision of the licensed actions of the partnership, limited liability company, or corporation and all licensees shown in the commission's records as being in the employ of the entity. The application of the partnership, limited liability company, or corporation and the application of the broker designated by it shall be filed with the commission.

(b)  No license shall be issued to any partnership, limited liability company, or

corporation unless and until the broker so designated by the partnership, limited liability company, or corporation submits to and passes the examination required by this part 2 on behalf of the partnership, limited liability company, or corporation. Upon the broker successfully passing the examination and upon compliance with all other requirements of law by the partnership, limited liability company, or corporation, as well as by the designated broker, the commission shall issue a broker's license to the partnership, limited liability company, or corporation, which shall bear the name of the designated broker, and thereupon the broker so designated shall conduct business as a real estate broker only through the partnership, limited liability company, or corporation and not for the broker's own account.

(c)  If the person so designated is refused a license by the commission or

ceases to be the designated broker of the partnership, limited liability company, or corporation, the entity may designate another person to make application for a license. If the person ceases to be the designated broker of the partnership, limited liability company, or corporation, the director may issue a temporary license to prevent hardship for a period not to exceed ninety days to the licensed person so designated. The director may extend a temporary license for one additional period not to exceed ninety days upon proper application and a showing of good cause; if the director refuses, no further extension of a temporary license shall be granted except by the commission. If any broker or employee of any such partnership, limited liability company, or corporation, other than the one designated as provided in this section, desires to act as a real estate broker, the broker or employee shall first obtain a license as a real estate broker as provided in this section and shall pay the regular fee therefor.

(7)  The broker designated to act as broker for any partnership, limited

liability company, or corporation is personally responsible for the handling of any and all earnest money deposits or escrow or trust funds received or disbursed by the partnership, limited liability company, or corporation. In the event of any breach of duty by the partnership, limited liability company, or corporation as a fiduciary, any person aggrieved or damaged by the breach of fiduciary duty shall have a claim for relief against the partnership, limited liability company, or corporation, as well as against the designated broker, and may pursue the claim against the partnership, limited liability company, or corporation and the designated broker personally. The broker may be held responsible and liable for damages based upon the breach of fiduciary duty as may be recoverable against the partnership, limited liability company, or corporation, and any judgment so obtained may be enforced jointly or severally against the broker personally and the partnership, limited liability company, or corporation.

(8)  No license for a broker registered as being in the employ of another

broker shall be issued to a partnership, a limited liability company, or a corporation or under a fictitious name or trade name; except that a married woman may elect to use her birth name.

(9)  No person shall be licensed as a real estate broker under more than one

name, and no person shall conduct or promote a real estate brokerage business except under the name under which the person is licensed.

(10)  A licensed attorney shall take and pass the examination referred to in

this section after having completed twelve hours of classroom instruction or equivalent correspondent hours in trust accounts, record keeping, and real estate closings.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

618, � 1, effective October 1; (1)(b)(I) amended, (HB 19-1166), ch. 125, p. 564, � 68, effective October 1. L. 2022: (1)(b)(I) amended, (HB 22-1270), ch. 114, p. 514, � 9, effective April 21.

Editor's note: (1)  This section is similar to former � 12-61-103 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1166.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.

C.R.S. § 12-10-217

12-10-217. Investigation - revocation - actions against licensee or applicant - definition. (1) The commission, upon its own motion, may, and, upon the complaint in writing of any person, shall, investigate the activities of any licensee or any person who assumes to act in the capacity of a licensee within the state, and the commission, after holding a hearing pursuant to section 12-10-219, has the power to impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense and to censure a licensee, to place the licensee on probation and to set the terms of probation, or to temporarily suspend a license, or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts and is guilty of:

(a)  Knowingly making any misrepresentation or knowingly making use of any

false or misleading advertising;

(b)  Making any promise of a character that influences, persuades, or induces

another person when he or she could not or did not intend to keep the promise;

(c)  Knowingly misrepresenting or making false promises through agents,

advertising, or otherwise;

(d)  Violating any provision of the Colorado Consumer Protection Act,

article 1 of title 6;

(e)  Acting for more than one party in a transaction without the knowledge of

all parties thereto;

(f)  Representing or attempting to represent a real estate broker other than

the licensee's employer without the express knowledge and consent of that employer;

(g)  In the case of a broker registered as in the employ of another broker,

failing to place, as soon after receipt as is practicably possible, in the custody of that licensed broker-employer any deposit money or other money or fund entrusted to the employee by any person dealing with the employee as the representative of that licensed broker-employer;

(h)  Failing to account for or to remit, within a reasonable time, any money

coming into the licensee's possession that belongs to others, whether acting as real estate brokers or otherwise, and failing to keep records relative to the money, which records shall contain such information as may be prescribed by the rules of the commission relative thereto and shall be subject to audit by the commission;

(i)  Converting funds of others, diverting funds of others without proper

authorization, commingling funds of others with the broker's own funds, or failing to keep the funds of others in an escrow or a trustee account with some bank or recognized depository in this state, which account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government, and to keep records relative to the deposit that contain such information as may be prescribed by the rules of the commission relative thereto, which records shall be subject to audit by the commission;

(j)  Failing to provide the purchaser and seller of real estate with a closing

statement of the transaction, containing such information as may be prescribed by the rules of the commission or failing to provide a signed duplicate copy of the listing contract and the contract of sale or the preliminary agreement to sell to the parties thereto;

(k)  Failing to maintain possession, for future use or inspection by an

authorized representative of the commission, for a period of four years, of the documents or records prescribed by the rules of the commission or to produce the documents or records upon reasonable request by the commission or by an authorized representative of the commission;

(l)  Paying a commission or valuable consideration for performing any of the

functions of a real estate broker, as described in this part 2, to any person not licensed under this part 2; except that a licensed broker may pay a finder's fee or a share of any commission on a cooperative sale when the payment is made to a real estate broker licensed in another state or country. If a country does not license real estate brokers, then the payee must be a citizen or resident of the country and represent that the payee is in the business of selling real estate in the country.

(m)  Disregarding or violating any provision of this part 2 or part 4 of this

article 10, violating any reasonable rule promulgated by the commission in the interests of the public and in conformance with the provisions of this part 2 or part 4 of this article 10; violating any lawful commission orders; or aiding and abetting a violation of any rule, commission order, or provision of this part 2 or part 4 of this article 10;

(n) (I)  Conviction of, entering a plea of guilty to, or entering a plea of nolo

contendere to any crime in article 3 of title 18; parts 1, 2, 3, and 4 of article 4 of title 18; part 1, 2, 3, 4, 5, 7, 8, or 9 of article 5 of title 18; article 5.5 of title 18; parts 3, 4, 6, 7, and 8 of article 6 of title 18; parts 1, 3, 4, 5, 6, 7, and 8 of article 7 of title 18; part 3 of article 8 of title 18; article 15 of title 18; article 17 of title 18; section 18-18-404, 18-18-405, 18-18-406, 18-18-411, 18-18-412.5, 18-18-412.7, 18-18-412.8, 18-18-415, 18-18-416, 18-18-422, or 18-18-423; or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that the plea was entered shall be conclusive evidence of the conviction or plea in any hearing under this part 2.

(II)  As used in this subsection (1)(n), conviction includes the imposition of a

deferred judgment or deferred sentence.

(o)  Violating or aiding and abetting in the violation of the Colorado or federal

fair housing laws;

(p)  Failing to immediately notify the commission in writing of a conviction,

plea, or violation pursuant to subsection (1)(n) or (1)(o) of this section;

(q)  Having demonstrated unworthiness or incompetency to act as a real

estate broker by conducting business in such a manner as to endanger the interest of the public;

(r)  In the case of a broker licensee, failing to exercise reasonable supervision

over the activities of licensed employees;

(s)  Procuring, or attempting to procure, a real estate broker's license or

renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, a real estate broker's license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for the license;

(t)  Claiming, arranging for, or taking any secret or undisclosed amount of

compensation, commission, or profit or failing to reveal to the licensee's principal or employer the full amount of the licensee's compensation, commission, or profit in connection with any acts for which a license is required under this part 2;

(u)  Using any provision allowing the licensee an option to purchase in any

agreement authorizing or employing the licensee to sell, buy, or exchange real estate for compensation or commission, except when the licensee, prior to or coincident with election to exercise the option to purchase, reveals in writing to the licensee's principal or employer the full amount of the licensee's profit and obtains the written consent of the principal or employer approving the amount of the profit;

(v)  Effective on and after August 26, 2013, fraud, misrepresentation, deceit,

or conversion of trust funds that results in the entry of a civil judgment for damages;

(w)  Any other conduct, whether of the same or a different character than

specified in this subsection (1), that constitutes dishonest dealing;

(x)  Having had a real estate broker's or a subdivision developer's license

suspended or revoked in any jurisdiction, or having had any disciplinary action taken against the broker or subdivision developer in any other jurisdiction if the broker's or subdivision developer's action would constitute a violation of this subsection (1). A certified copy of the order of disciplinary action shall be prima facie evidence of the disciplinary action.

(y)  Failing to keep records documenting proof of completion of the

continuing education requirements in accordance with section 12-10-213 for a period of four years from the date of compliance with the section;

(z) (I)  Violating any provision of section 12-10-218.


(II)  In addition to any other remedies available to the commission pursuant to

this article 10, after notice and a hearing pursuant to section 24-4-105, the commission may assess a penalty for a violation of section 12-10-218 or of any rule promulgated pursuant to section 12-10-218. The penalty shall be the amount of remuneration improperly paid and shall be transmitted to the state treasurer and credited to the general fund.

(aa)  Within the last five years, having a license, registration, or certification

issued by Colorado or another state revoked or suspended for fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, and such discipline denied the person authorization to practice as:

(I)  A mortgage broker or mortgage loan originator;


(II)  A real estate broker or salesperson;


(III)  A real estate appraiser, as defined by section 12-10-602 (9);


(IV)  An insurance producer, as defined by section 10-2-103 (6);


(V)  An attorney;


(VI)  A securities broker-dealer, as defined by section 11-51-201 (2);


(VII)  A securities sales representative, as defined by section 11-51-201 (14);


(VIII)  An investment advisor, as defined by section 11-51-201 (9.5); or


(IX)  An investment advisor representative, as defined by section 11-51-201

(9.6).

(2)  Every person licensed pursuant to section 12-10-201 (6)(a)(X) shall give a

prospective tenant a contract or receipt; and the contract or receipt shall include the address and telephone number of the commission in prominent letters and shall state that the regulation of rental location agents is under the purview of the commission.

(3)  In the event a firm, partnership, limited liability company, association, or

corporation operating under the license of a broker designated and licensed as representative of the firm, partnership, limited liability company, association, or corporation is guilty of any of the foregoing acts, the commission may suspend or revoke the right of the firm, partnership, limited liability company, association, or corporation to conduct its business under the license of the broker, whether or not the designated broker had personal knowledge thereof and whether or not the commission suspends or revokes the individual license of the broker.

(4)  Upon request of the commission, when any real estate broker is a party to

any suit or proceeding, either civil or criminal, arising out of any transaction involving the sale or exchange of any interest in real property or out of any transaction involving a leasehold interest in the real property and when the broker is involved in the transaction in such capacity as a licensed broker, it shall be the duty of the broker to supply to the commission a copy of the complaint, indictment, information, or other initiating pleading and the answer filed, if any, and to advise the commission of the disposition of the case and of the nature and amount of any judgment, verdict, finding, or sentence that may be made, entered, or imposed therein.

(5)  This part 2 shall not be construed to relieve any person from civil liability

or criminal prosecution under the laws of this state.

(6)  Complaints of record in the office of the commission and commission

investigations, including commission investigative files, are closed to public inspection. Stipulations and final agency orders are public records subject to sections 24-72-203 and 24-72-204.

(7)  When a complaint or an investigation discloses an instance of misconduct

that, in the opinion of the commission, does not warrant formal action by the commission but that should not be dismissed as being without merit, the commission may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom a complaint was made and a copy thereof to the person making the complaint, but the letter shall advise the licensee that the licensee has the right to request in writing, within twenty days after proven receipt, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings.

(8)  All administrative fines collected pursuant to this section shall be

transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund.

(9)  Any application for licensure from a person whose license has been

revoked shall not be considered until the passage of one year from the date of revocation.

(10)  When the division becomes aware of facts or circumstances that fall

within the jurisdiction of a criminal justice or other law enforcement authority upon investigation of the activities of a licensee, the division shall, in addition to the exercise of its authority under this part 2, refer and transmit the information, which may include originals or copies of documents and materials, to one or more criminal justice or other law enforcement authorities for investigation and prosecution as authorized by law.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

631, � 1, effective October 1.

Editor's note: This section is similar to former � 12-61-113 as it existed prior to

2019.

Cross references: For alternative disciplinary actions for persons licensed

pursuant to this part 2, see � 24-34-106.

C.R.S. § 12-10-503

12-10-503. Application for registration. (1) Every person who is required to register as a developer under this part 5 shall submit to the commission an application that contains the information described in subsections (2) and (3) of this section. If the information is not submitted, the commission may deny the application for registration. If a developer is currently regulated in another state that has registration requirements substantially equivalent to the requirements of this part 5 or that provide substantially comparable protection to a purchaser, the commission may accept proof of the registration along with the developer's disclosure or equivalent statement from the other state in full or partial satisfaction of the information required by this section. In addition, the applicant shall be under a continuing obligation to notify the commission within ten days of any change in the information so submitted, and a failure to do so shall be a cause for disciplinary action.

(2) (a)  Registration information concerning the developer shall include:


(I)  The principal office of the applicant wherever situate;


(II)  The location of the principal office and the branch offices of the applicant

in this state;

(III)  The names and residence and business addresses of all natural persons

who have a twenty-four percent or greater financial or ultimate beneficial interest in the business of the developer, either directly or indirectly, as principal, manager, member, partner, officer, director, or stockholder, specifying each such person's capacity, title, and percentage of ownership. If no natural person has a twenty-four percent or greater financial or beneficial interest in the business of the developer, the information required in this subsection (2)(a)(III) shall be submitted regarding the natural person having the largest single financial or beneficial interest.

(IV)  The length of time and the locations where the applicant has been

engaged in the business of real estate sales or development;

(V)  Any felony of which the applicant has been convicted within the

preceding ten years. In determining whether a certificate of registration shall be issued to an applicant who has been convicted of a felony within such period of time, the commission shall be governed by the provisions of section 24-5-101.

(VI)  The states in which the applicant has had a license or registration similar

to the developer's registration in this state granted, refused, suspended, or revoked or is currently the subject of an investigation or charges that could result in refusal, suspension, or revocation;

(VII)  Whether the developer or any other person financially interested in the

business of the developer as principal, partner, officer, director, or stockholder has engaged in any activity that would constitute a violation of this part 5.

(b)  If the applicant is a corporate developer, a copy of the certificate of

authority to do business in this state or a certificate of incorporation issued by the secretary of state shall accompany the application.

(3)  Registration information concerning the subdivision shall include:


(a)  The location of each subdivision from which sales are intended to be

made;

(b)  The name of each subdivision and the trade, corporate, or partnership

name used by the developer;

(c)  Evidence or certification that each subdivision offered for sale or lease is

registered or will be registered in accordance with state or local requirements of the state in which each subdivision is located;

(d)  Copies of documents evidencing the title or other interest in the

subdivision;

(e)  If there is a blanket encumbrance upon the title of the subdivision or any

other ownership, leasehold, or contractual interest that could defeat all possessory or ownership rights of a purchaser, a copy of the instruments creating the liens, encumbrances, or interests, with dates as to the recording, along with documentary evidence that any beneficiary, mortgagee, or trustee of a deed of trust or any other holder of the ownership, leasehold, or contractual interest will release any lot or time share from the blanket encumbrance or has subordinated its interest in the subdivision to the interest of any purchaser or has established any other arrangement acceptable to the commission that protects the rights of the purchaser;

(f)  A statement that standard commission-approved forms will be used for

contracts of sale, notes, deeds, and other legal documents used to effectuate the sale or lease of the subdivision or any part thereof, unless the forms to be used were prepared by an attorney representing the developer;

(g)  A true statement by the developer that, in any conveyance by means of

an installment contract, the purchaser shall be advised to record the contract with the proper authorities in the jurisdiction in which the subdivision is located. In no event shall any developer specifically prohibit the recording of the installment contract.

(h)  A true statement by the developer of the provisions for and availability of

legal access, sewage disposal, and public utilities, including water, electricity, gas, and telephone facilities, in the subdivision offered for sale or lease, including whether such are to be a developer or purchaser expense;

(i)  A true statement as to whether or not a survey of each lot, site, or tract

offered for sale or lease from the subdivision has been made and whether survey monuments are in place;

(j)  A true statement by the developer as to whether or not a common interest

community is to be or has been created within the subdivision and whether or not the common interest community is or will be a small cooperative or small and limited expense planned community created pursuant to section 38-33.3-116;

(k)  A true statement by the developer concerning the existence of any

common interest community association, including whether the developer controls funds in the association.

(4)  The commission may disapprove the form of the documents submitted

pursuant to subsection (3)(f) of this section and may deny an application for registration until such time as the applicant submits the documents in a form that is satisfactory to the commission.

(5)  Each registration shall be accompanied by fees established pursuant to

section 12-10-215.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

657, � 1, effective October 1.

Editor's note: This section is similar to former � 12-61-403 as it existed prior

to 2019.

C.R.S. § 12-10-607

12-10-607. Appraisal management companies - application for license - exemptions. (1) An applicant shall apply for a license as an appraisal management company, or as a controlling appraiser, to the board in a manner prescribed by the board.

(2)  The board may grant appraisal management company licenses to

individuals, partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a controlling appraiser who is actively certified in a state recognized by the appraisal subcommittee of the federal financial institutions examination council or its successor entity. The controlling appraiser is responsible for the licensed practices of the partnership, limited liability company, or corporation and all persons employed by the entity. The application of the partnership, limited liability company, or corporation and the application of the appraiser designated by it as the controlling appraiser shall be filed with the board. The board has jurisdiction over the appraiser so designated and over the partnership, limited liability company, or corporation.

(3)  The board shall not issue a license to any partnership, limited liability

company, or corporation unless and until the appraiser designated by the partnership, limited liability company, or corporation as controlling appraiser and each individual who owns more than ten percent of the entity demonstrates that the person meets the fitness standards established by board rule and submits a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the board. The board shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check. The board may deny an application for licensure or refuse to renew a license based on the outcome of the record check. The board may require criminal history requirements more stringent than those established by any applicable federal law. At a minimum, the board shall adopt the criminal history requirements established by any applicable federal law.

(4)  The board shall not issue a license to any partnership, limited liability

company, or corporation if the appraiser designated by the entity as controlling appraiser has previously had, in any state, an appraiser registration, license, or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked. A disciplinary action resulting in refusal, denial, cancellation, surrender in lieu of revocation, or revocation relating to a registration, license, or certification as an appraiser registered, licensed, or certified under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for denial of a license by the board.

(5)  The board shall not issue a license to any partnership, limited liability

company, or corporation if it is owned, in whole or in part, directly or indirectly, by any person who has had, in any state, an appraiser license, registration, or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked. A disciplinary action resulting in refusal, denial, cancellation, surrender in lieu of revocation, or revocation relating to a license, registration, or certification as an appraiser licensed, registered, or certified under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for denial of a license by the board.

(6)  The board may deny an application for a license for any partnership,

limited liability company, or corporation if the partnership, limited liability company, or corporation has previously had a license revoked or surrendered a license in lieu of revocation. A disciplinary action resulting in the surrender in lieu of revocation or the revocation of a license as an appraisal management company under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons may be deemed to be prima facie evidence of grounds for denial of a license by the board.

(7)  Each appraisal management company must maintain a definite place of

business. If the appraisal management company is domiciled in another state, the appraiser designated by the appraisal management company as controlling appraiser is responsible for supervising all licensed activities that occur in Colorado. All licensed actions occurring within the state of Colorado must occur under the name under which the appraisal management company is licensed or its trade name adopted in accordance with Colorado law.

(8)  An application that is submitted by an appraisal management company

that is:

(a)  A partnership must be properly registered with the Colorado department

of revenue or properly filed with the Colorado secretary of state and in good standing, proof of which must be included in the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado department of revenue or filed and accepted by the Colorado secretary of state, proof of which must be included with the application.

(b)  A limited liability company must be properly registered with the Colorado

secretary of state and in good standing, proof of which must be included with the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado secretary of state, proof of which must be included with the application.

(c)  A corporation must be registered as a foreign corporation or properly

incorporated with the Colorado secretary of state and in good standing, proof of which must be included with the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado secretary of state, proof of which must be included with the application.

(9)  Financial institutions and appraisal management company subsidiaries

that are owned and controlled by an insured depository institution, as defined in 12 U.S.C. sec. 1813 (c)(2), as amended, and regulated by the federal office of the comptroller of the currency, the board of governors of the federal reserve system, or the federal deposit insurance corporation are not required to register with or be licensed by the board. This exemption includes a panel of appraisers who are engaged to provide appraisal services and are administered by a financial institution regulated by one of the federal financial regulatory agencies listed in this subsection (9).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

671, � 1, effective October 1; (3) amended, (HB 19-1166), ch. 125, p. 565, � 70, effective October 1. L. 2022: (3) amended, (HB 22-1270), ch. 114, p. 515, � 11, effective April 21; (9) amended, (HB 22-1261), ch. 315, p. 2249, � 6, effective August 10.

Editor's note: (1)  This section is similar to former � 12-61-707 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1166.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.

C.R.S. § 12-10-611

12-10-611. Licensure or certification by endorsement - temporary practice. (1) The board may issue a license or certification to an appraiser by endorsement to engage in the occupation of real estate appraisal to any applicant who has a license or certification in good standing as a real estate appraiser under the laws of another jurisdiction if:

(a)  The applicant presents proof satisfactory to the board that, at the time of

application for a Colorado license or certificate by endorsement, the applicant possesses credentials and qualifications that are substantially equivalent to the requirements of this part 6; or

(b)  The jurisdiction that issued the applicant a license or certificate to

engage in the occupation of real estate appraisal has a law similar to this subsection (1) pursuant to which it licenses or certifies persons who are licensed real estate appraisers in this state.

(2)  The board may specify, by rule, what constitutes substantially equivalent

credentials and qualifications and the manner in which the board will review credentials and qualifications of an applicant.

(3)  Pursuant to section 1122 (a) of Title XI of the federal Financial

Institutions Reform, Recovery, and Enforcement Act of 1989, Pub.L. 101-73, as amended, the board shall recognize, on a temporary basis, the license or certification of an appraiser issued by another state if:

(a)  The appraiser's business is of a temporary nature; and


(b)  The appraiser applies for and is granted a temporary practice permit by

the board.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

675, � 1, effective October 1.

Editor's note: This section is similar to former � 12-61-711 as it existed prior to

2019.

C.R.S. § 12-10-704

12-10-704. License required - rules. (1) (a) Unless licensed by the board and registered with the nationwide mortgage licensing system and registry as a state-licensed loan originator, an individual shall not originate or offer to originate a mortgage or act or offer to act as a mortgage loan originator.

(b)  On and after January 1, 2010, a licensed mortgage loan originator shall

apply for license renewal in accordance with subsection (5) of this section every calendar year as determined by the board by rule.

(2)  An independent contractor may not engage in residential mortgage loan

origination activities as a loan processor or underwriter unless the independent contractor is a state-licensed loan originator.

(3)  An applicant for initial licensing as a mortgage loan originator shall

submit to the board the following:

(a)  A criminal history record check in compliance with subsection (6) of this

section;

(b)  A disclosure of all administrative discipline taken against the applicant

concerning the categories listed in section 12-10-711 (1)(c); and

(c)  The application fee established by the board in accordance with section

12-10-718.

(4) (a)  In addition to the requirements imposed by subsection (3) of this

section, on or after August 5, 2009, each individual applicant for initial licensing as a mortgage loan originator must have satisfactorily completed:

(I)  At least twenty hours of education as administered and approved by the

Nationwide Multistate Licensing System and Registry or its successor; and

(II)  A written examination approved by the board. For the portion of the

examination that represents the state-specific test required in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. sec. 5101 et seq., as amended, the board may adopt the uniform state test administered through the Nationwide Multistate Licensing System and Registry or its successor.

(b)  The board may contract with one or more independent testing services to

develop, administer, and grade the examinations required by subsection (4)(a) of this section and to maintain and administer licensee records. The contract may allow the testing service to recover from applicants its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors.

(c)  The board may publish reports summarizing statistical information

prepared by the nationwide mortgage licensing system and registry relating to mortgage loan originator examinations.

(5)  An applicant for license renewal shall submit to the board the following:


(a)  A disclosure of all administrative discipline taken against the applicant

concerning the categories listed in section 12-10-711 (1)(c); and

(b)  The renewal fee established by the board in accordance with section 12-10-718.


(6) (a)  Prior to submitting an application for a license, an applicant shall

submit a set of fingerprints to the Colorado bureau of investigation. Upon receipt of the applicant's fingerprints, the Colorado bureau of investigation shall use the fingerprints to conduct a state and national criminal history record check using records of the Colorado bureau of investigation and the federal bureau of investigation. All costs arising from the fingerprint-based criminal history record check must be borne by the applicant and must be paid when the set of fingerprints is submitted. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the board. The board shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check.

(b)  If the board determines that the criminal background check provided by

the nationwide mortgage licensing system and registry is a sufficient method of screening license applicants to protect Colorado consumers, the board may, by rule, authorize the use of that criminal background check instead of the criminal history record check otherwise required by this subsection (6).

(7) (a)  On and after January 1, 2010, in connection with an application for a

license as a mortgage loan originator, the applicant shall furnish information concerning the applicant's identity to the nationwide mortgage licensing system and registry. The applicant shall furnish, at a minimum, the following:

(I)  Fingerprints for submission to the federal bureau of investigation and any

government agency or entity authorized to receive fingerprints for a state, national, or international criminal history record check; and

(II)  Personal history and experience, in a form prescribed by the nationwide

mortgage licensing system and registry, including submission of authorization for the nationwide mortgage licensing system and registry to obtain:

(A)  An independent credit report from the consumer reporting agency

described in the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681a (p); and

(B)  Information related to any administrative, civil, or criminal findings by a

government jurisdiction.

(b)  An applicant is responsible for paying all costs arising from a criminal

history record check and shall pay the costs upon submission of fingerprints.

(c)  The board shall acquire a name-based judicial record check, as defined in

section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check.

(8)  Before granting a license to an applicant, the board shall require the

applicant to post a bond as required by section 12-10-717.

(9)  The board shall issue or deny a license within sixty days after:


(a)  The applicant has submitted the requisite information to the board and

the Nationwide Multistate Licensing System and Registry, including the completed application and any necessary supplementary information, the application fee, and proof that the applicant has posted a surety bond and obtained errors and omissions insurance; and

(b)  The board receives the completed criminal history record check and all

other relevant information or documents necessary to reasonably ascertain facts underlying the applicant's criminal history.

(10) (a)  The board may require, as a condition of license renewal on or after

January 1, 2009, continuing education of licensees for the purpose of enhancing the professional competence and professional responsibility of all licensees.

(b)  Continuing professional education requirements shall be determined by

the board by rule; except that licensees shall be required to complete at least eight credit hours of continuing education each year. The board may contract with one or more independent service providers to develop, review, or approve continuing education courses. The contract may allow the independent service provider to recover from licensees its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors.

(11) (a)  The board may require contractors and prospective contractors for

services under subsections (4) and (10) of this section to submit, for the board's review and approval, information regarding the contents and materials of proposed courses and other documentation reasonably necessary to further the purposes of this section.

(b)  The board may set fees for the initial and continuing review of courses for

which credit hours will be granted. The initial filing fee for review of materials shall not exceed five hundred dollars, and the fee for continued review shall not exceed two hundred fifty dollars per year per course offered.

(12)  The board may adopt reasonable rules to implement this section. The

board may adopt rules necessary to implement provisions required in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. sec. 5101 et seq., as amended, and for participation in the nationwide mortgage licensing system and registry.

(13)  In order to fulfill the purposes of this part 7, the board may establish

relationships or contracts with the nationwide mortgage licensing system and registry or other entities designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this part 7.

(14)  The board may use the nationwide mortgage licensing system and

registry as a channeling agent for requesting information from or distributing information to the department of justice, a government agency, or any other source.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

691, � 1, effective October 1; (6)(a) and (7)(c) amended, (HB 19-1166), ch. 125, p. 566, � 72, effective October 1. L. 2022: (6)(a) and (7)(c) amended, (HB 22-1270), ch. 114, p. 516, � 13, effective April 21.

Editor's note: (1)  This section is similar to former � 12-61-903 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1166.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.

C.R.S. § 12-10-901

12-10-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Gas-fueled appliance means a furnace, HVAC system, boiler, water

heater, oven, stove, or dryer that directly combusts a gaseous or liquid fuel to provide services within a home.

(2)  Heat pump means an electrical device that uses a refrigeration cycle to:


(a)  Heat the internal space of a structure by transferring thermal energy

from outside of the structure to inside the structure; or

(b)  Cool the internal space of a structure by transferring thermal energy

from the inside of the structure to the outside of the structure.

(3)  Home warranty service company or company means any person that

undertakes a contractual obligation on a new or preowned home through a home warranty service contract.

(4) (a)  Home warranty service contract means any contract or agreement

whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:

(I)  Structural components, such as the roof, foundation, basement, walls,

ceilings, or floors;

(II)  Utility systems, such as electrical, air conditioning, plumbing, HVAC, and

heating systems, including furnaces; and

(III)  Appliances, such as stoves, washers, dryers, and dishwashers.


(b)  Home warranty service contract does not include:


(I)  Any contract or agreement whereby a public utility undertakes for a

predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (4)(a)(II) or (4)(a)(III) of this section; or

(II)  A builder's warranty provided in connection with the sale of a new home.


(5)  HVAC system means a heating, ventilation, and air conditioning system.


(6)  Person includes an individual, company, corporation, association, agent,

and every other legal entity.

(7)  Preowned means any of the following that is occupied as a residence

and not owned by the builder-developer or first occupant:

(a)  A single-family residence;


(b)  A residential unit in a multiple-dwelling structure; or


(c)  A mobile home on a foundation.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

715, � 1, effective October 1. L. 2023: Entire section amended, (HB 23-1134), ch. 43, p. 165, � 2, effective August 7.

Editor's note: This section is similar to former � 12-61-602 as it existed prior

to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 12-105-106

12-105-106. Powers and duties of the director - advisory committee. (1) The director has the following powers and duties:

(a)  To promulgate rules in accordance with section 12-20-204;


(b)  To take disciplinary or other action as authorized in section 12-20-404 or

limit the scope of practice of an applicant, licensee, or registrant, upon proof of a violation of this article 105 or the rules promulgated pursuant to this article 105;

(c)  To prescribe, with the approval of the department of public health and

environment, such safety and sanitary rules as the director may deem necessary to protect the health and safety of the public;

(d)  To supervise and regulate the industries of barbering, hairstyling, and

cosmetology and the practices of estheticians and nail technicians of this state in accordance with this article 105, but nothing contained in this article 105 shall be construed to abrogate the status, force, or operation of any provisions of any public health law of this state or any local health ordinance or regulation;

(e)  To establish criteria for applicant eligibility for examination and to

establish procedures for the registration of places of business;

(f)  To investigate, in accordance with section 12-20-403, upon the director's

own initiative or upon receiving a complaint, all suspected or alleged violations of this article 105, unless the director determines that a complaint or alleged violation is without merit, and to enter premises in which violations are alleged to have occurred during business hours;

(g)  To apply, in accordance with section 12-20-406, for an order enjoining

any act or practice that constitutes a violation of this article 105. Upon a showing to the satisfaction of the court that a person is engaging or intends to engage in any such act or practice, an injunction, temporary restraining order, or other appropriate order shall be granted by such court, regardless of the existence of another remedy therefor.

(h)  To send letters of admonition under the circumstances specified in and in

accordance with section 12-20-404 (4);

(i)  To issue cease-and-desist orders under the circumstances and in

accordance with the procedures specified in section 12-20-405;

(j)  To issue confidential letters of concern under the circumstances specified

in section 12-20-404 (5).

(2)  The director shall appoint a six-member advisory committee to assist in

the performance of the director's duties. The advisory committee consists of at least three licensees who have expertise in the area under review; one owner or operator of a school that provides training for licensees in the industry and is licensed by the private occupational school division; a representative from a Colorado licensed school that provides training for licensees in the industry; and a member of the public. Members of the advisory committee shall not be compensated for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties under this article 105. The advisory committee shall meet at least once per year and prior to the adoption of rules, and at the request of the director.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

822, � 1, effective October 1.

Editor's note: This section is similar to former � 12-8-108 as it existed prior to

2019.

C.R.S. § 12-105-108

12-105-108. Application - form. (1) Each applicant for examination shall file with the director a written application in the form the director may require to set forth the qualifications of the applicant and shall submit satisfactory proof of the required age and education.

(2)  Each applicant for registration shall file with the director a written

application in the form the director may require pursuant to section 12-105-112.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

825, � 1, effective October 1.

Editor's note: This section is similar to former � 12-8-111 as it existed prior to

2019.

C.R.S. § 12-105-111

12-105-111. Qualifications of applicants - requirements - rules. (1) An applicant for any license provided in this article 105 or for examination shall be at least sixteen years of age.

(2)  An applicant for examination shall furnish proof of graduation from a

barber school or beauty school approved by the private occupational school division pursuant to article 64 of title 23; approved by the state board for community colleges and occupational education pursuant to article 60 of title 23; or, if the school is located in another state or country, approved by the governmental agency responsible for approving the schools in that state or country. The applicant shall also furnish proof that the applicant has successfully completed educational requirements equal to those set by the director. If the applicant has graduated from a school located outside Colorado, the applicant shall furnish proof that the applicant has successfully completed educational requirements substantially equal to those set by the director.

(3)  The director shall promulgate rules to implement this section, but shall

not require an applicant for examination to furnish proof of training of more than the number of hours of course completion in the subject area in which the applicant seeks licensure as follows:

(a)  For a cosmetologist:


(I)  Fifty credits, as defined by:


(A)  Institutional accreditation requirements;


(B)  The Colorado commission on higher education full-time equivalent clock-to-credit hour requirements; or


(C)  The department of education accreditation requirements; or


(II)  One thousand five hundred contact hours;


(b)  For a barber:


(I)  Fifty credits, as defined by:


(A)  Institutional accreditation requirements;


(B)  The Colorado commission on higher education full-time equivalent clock-to-credit hour requirements; or


(C)  The department of education accreditation requirements; or


(II)  One thousand five hundred contact hours;


(c)  Six hundred contact hours for an esthetician;


(d)  Six hundred contact hours for a nail technician;


(e)  One thousand two hundred contact hours for a hairstylist.


(3.5) (a)  For the purposes of fulfilling the applicable contact hour

requirements in subsections (3)(a)(II), (3)(b)(II), (3)(c), (3)(d), and (3)(e) of this section, an applicant for examination may substitute work experience obtained in a foreign country as a barber, cosmetologist, esthetician, nail technician, or hairstylist using a ratio of three months of work experience for every one hundred contact hours; except that an applicant shall not substitute work experience for any of the contact hours required for disinfection, cleaning, and safe work practices or for the hours required to review laws and rules, as determined by rule of the director.

(b)  The director may, by rule, determine the manner in which an applicant

shall provide proof of the work experience. An applicant for examination who substitutes work experience for contact hours required pursuant to subsection (3) of this section may submit as proof of work experience a signed and notarized attestation of work experience that includes the place or places of employment if the director determines that records are not generally available in the location where the work experience was gained.

(4)  Every person desiring to obtain a license to practice the occupation of a

barber, cosmetologist, esthetician, hairstylist, or nail technician in this state shall apply and pay to the director an examination fee. The director shall issue a license to applicants who successfully pass the examination and who qualify upon the payment of the required fee.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

826, � 1, effective October 1; (3.5) added, (HB 19-1290), ch. 187, p. 2082, � 2, effective October 1.

Editor's note: (1)  This section is similar to former � 12-8-114 as it existed prior

to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1290.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1290, chapter 187, Session Laws of Colorado 2019.

C.R.S. § 12-105-125

12-105-125. Grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that the licensee:

(a)  Has been convicted of or has entered a plea of nolo contendere to a

felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(b)  Made any misstatement on his or her application for licensure to practice

as a barber, hairstylist, cosmetologist, esthetician, or nail technician or attempted to obtain a license to practice by fraud, deception, or misrepresentation;

(c)  Committed an act or failed to perform an act necessary to meet the

generally accepted standards to practice a profession licensed under this article 105, which shall include performing services outside of the person's area of training, experience, or competence;

(d)  Excessively or habitually uses or abuses alcohol or controlled

substances;

(e)  Has violated any of the provisions of this article 105, an applicable

provision of article 20 of this title 12, or any valid order of the director;

(f)  Is guilty of unprofessional or dishonest conduct;


(g)  Advertises by means of false or deceptive statement;


(h)  Fails to display the license as provided in section 12-105-116;


(i)  Fails to comply with the rules promulgated by the director pursuant to

section 12-105-106 (1)(a);

(j)  Is guilty of willful misrepresentation;


(k)  Fails to disclose to the director within forty-five days a conviction for a

felony or any crime that is related to the practice as a barber, cosmetologist, esthetician, hairstylist, or nail technician;

(l)  Aids or abets the unlicensed practice of barbering, hairstyling, or

cosmetology or the unlicensed provision of esthetician or nail technician services; or

(m)  Fails to timely respond to a complaint sent by the director pursuant to

section 12-105-124.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

831, � 1, effective October 1.

Editor's note: This section is similar to former � 12-8-132 as it existed prior to

2019.

C.R.S. § 12-115-110

12-115-110. License requirements - rules - continuing education - photovoltaic installer registration - repeal. (1) Master electrician. (a) An applicant for a master electrician's license shall furnish written evidence that:

(I)  The applicant is a graduate electrical engineer of an accredited college or

university and has one year of practical electrical experience in the construction industry;

(II)  The applicant is a graduate of an electrical trade school or community

college and has at least four years of practical experience in electrical work; or

(III)  The applicant has had at least one year of practical experience in

planning, laying out, supervising, and installing wiring, apparatus, or equipment for electric light, heat, and power beyond the practical experience requirements for the journeyman's license.

(b)  Each applicant for a license as a master electrician must file an

application on forms prepared and furnished by the board, together with the application fee provided in section 12-115-117 (1). The board shall notify each applicant that the evidence submitted with the application is sufficient to qualify the applicant for licensure or that the evidence is insufficient and the application is rejected. If the application is rejected, the board shall set forth the reasons for the rejection in the notice to the applicant.

(2)  Journeyman electrician. (a)  An applicant for a journeyman electrician's

license shall furnish written evidence that the applicant has had the following:

(I)  Eight thousand hours over a period of at least four years' apprenticeship

in the electrical trade or eight thousand hours over a period of at least four years' practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power;

(II)  Two thousand hours over a period of at least two years of the applicant's

experience required by subsection (2)(a)(I) of this section has been in commercial, industrial, or substantially similar work; and

(III)   During the last eight years of the applicant's training, apprenticeship, or

practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power, completion of at least two hundred eighty-eight hours of training in safety, the national electrical code and its applications, and any other training required by the board that is provided by an accredited college or university, an established industry training program, or any other provider whose training is conducted in compliance with rules adopted by the board, in collaboration with established industry training programs and industry representatives. The board may grant an applicant credit toward the training requirement in this subsection (2)(a)(III) for training that occurred before the last eight years of the applicant's training, apprenticeship, or practical experience if the applicant provides proof of completion of no less than four hours of additional training on the current or immediately previous edition of the national electrical code or the standards adopted by the board pursuant to section 12-115-107 (2)(a).

(b)  An applicant may substitute for required practical experience evidence of

academic training or practical experience in the electrical field, which is credited as follows:

(I)  If the applicant is a graduate electrical engineer of an accredited college

or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.

(II)  If the applicant has academic training, including military training or PV

installation training, that does not qualify under subsection (2)(b)(I) of this section, the board may provide work experience credit for the training or for substantially similar training established by rule.

(c)  Any application for a license and notice to the applicant shall be made

and given as provided for in the case of a master electrician's license.

(3)  Residential wireman. (a)  An applicant for a residential wireman's license

shall furnish written evidence that the applicant has at least two years of accredited training or four thousand hours over a period of at least two years of practical experience in wiring one-, two-, three-, and four-family dwellings.

(b)  An applicant may substitute for required practical experience evidence of

academic training in the electrical field, which is credited as follows:

(I)  If the applicant is a graduate electrical engineer of an accredited college

or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.

(II)  If the applicant has academic training, including military training or PV

installation training, that is not sufficient to qualify under subsection (3)(b)(I) of this section, the board may provide work experience credit for the training according to a uniform ratio established by rule.

(c)  Any residential wireman's license issued under this section shall be

clearly marked as such across its face.

(4) (a)  The board shall provide for licensing examinations. Any examination

that is given for master electricians, journeymen electricians, and residential wiremen shall be subject to board approval. The board, or its designee, shall conduct and grade the examination and shall set the passing score to reflect a minimum level of competency. If it is determined that the applicant has passed the examination, the division, upon written notice from the board or the program director, acting as an agent thereof, and upon payment by the applicant of the fee provided in section 12-115-117, shall issue to the applicant a license that authorizes him or her to engage in the business, trade, or calling of a master electrician, journeyman electrician, or residential wireman.

(b)  All license and registration expiration and renewal schedules shall be in

accord with the provisions of section 12-20-202. Fees in regard to such renewals shall be those set forth in section 12-115-117.

(c)  Licenses issued pursuant to this article 115 are subject to the renewal,

expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 115 or section 12-20-202 (1).

(d) (I) (A)  Except as otherwise provided in subsection (4)(d)(I)(B) of this

section, on or after January 1, 2018, the department shall not renew or reinstate a license unless the applicant has completed twenty-four hours of continuing education since the date of issuance of the applicant's initial license or, if the applicant's license was renewed or reinstated, the most recent renewal or reinstatement.

(B)  Subsection (4)(d)(I)(A) of this section does not apply to the first renewal

or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to subsection (4)(a) of this section.

(II)  On or before April 1, 2017, the board, in collaboration with established

industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards, which requirements and standards must include course work related to the national electrical code, including core competencies as determined by the board. A renewal or reinstatement license applicant shall furnish or cause to be furnished to the board, in a form and manner required by the board, documentation to demonstrate compliance with this subsection (4)(d)(II) and rules promulgated pursuant to this subsection (4)(d)(II). To ensure consumer protection, the board's rules may include audit standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.

(5) (a)  No person, firm, copartnership, association, or combination thereof

shall engage in the business of an electrical contractor without having first registered with the board. The board shall register the contractor upon payment of the fee as provided in section 12-115-117, presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state, and satisfaction of the requirements of subsection (5)(b) or (5)(c) of this section.

(b)  If either the owner or the part owner of any firm, copartnership,

corporation, association, or combination thereof has been issued a master electrician's license by the division and is in charge of the supervision of all electrical work performed by the contractor, upon written notice from the board or the program director, acting as the agent thereof, the division shall promptly, upon payment of the fee as provided in section 12-115-117, register the licensee as an electrical contractor.

(c)  If any person, firm, copartnership, corporation, association, or

combination thereof engages in the business of an electrical contractor and does not comply with subsection (5)(b) of this section, it shall employ at least one licensed master electrician, who shall be in charge of the supervision of all electrical work performed by the contractor.

(d)  No holder of a master's license shall be named as the master electrician,

under subsection (5)(b) or (5)(c) of this section, for more than one contractor, and a master name shall be actively engaged in a full-time capacity with that contracting company. The qualifying master license holder shall be required to notify the board within fifteen days after his or her termination as a qualifying master license holder. The master license holder is responsible for all electrical work performed by the electrical contracting company. Failure to comply with a notification may lead to discipline of the master license holder as provided in section 12-115-122.

(6) (a)  For the purposes of subsections (2)(a)(I) and (3)(a) of this section, in

addition to other means of earning practical experience, an applicant earns practical experience by working:

(I)  Two thousand hours as a NABCEP PV installation professional working for

or working as a photovoltaic installer;

(II)  Up to two thousand hours of practical experience working under the

supervision of a NABCEP PV installation professional working for or working as a photovoltaic installer, so long as the supervising NABCEP PV installation professional provides proof of the applicant's employment and an affidavit attesting that the applicant earned the hours working under the supervision of a NABCEP PV installation professional; or

(III)  Up to four thousand hours as a NABCEP PV installation professional

working for or working as a photovoltaic installer if the applicant submits additional documentation to the board, including payroll records, work orders, project descriptions, or other relevant materials that document significant solar industry work that qualifies as electrical hours. The board shall review the documentation and determine how many hours of practical experience the applicant earns beyond the two thousand hours permitted by subsection (6)(a)(I) of this section.

(b)  For every two hours that an applicant works as described in subsection

(6)(a)(II) or (6)(a)(III) of this section, the applicant earns one hour for the purposes of subsection (2)(a)(I) or (3)(a) of this section.

(7) (a)  A contractor that is operating as of September 1, 2025, and that

performs work as a photovoltaic installer pursuant to section 40-2-128 with at least one NABCEP-certified employee shall register as a photovoltaic installer with the board on or before December 31, 2026; except that a contractor may register with the board during a sixty-day grace period in accordance with section 12-20-202 (1)(e).

(b)  A contractor registering as a photovoltaic installer pursuant to this

subsection (7) shall designate an agent or agents for the purpose of registration with the board.

(c)  If none of the agents designated pursuant to subsection (7)(b) of this

section are affiliated with the contractor:

(I)  The contractor's registration as a photovoltaic installer with the board is

invalid; and

(II)  The contractor's registration is ineligible for reinstatement.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

849, � 1, effective October 1; (1)(b) amended, (SB 19-156), ch. 346, p. 3204, � 13, effective October 1. L. 2025: (2)(a), IP(2)(b), (2)(b)(II), (3)(a), IP(3)(b), and (3)(b)(II) amended and (6) and (7) added, (SB 25-165), ch. 370, p. 1997, � 2, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-106 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

C.R.S. § 12-115-113

12-115-113. License by endorsement or reciprocity - rules. (1) The board shall issue an electrical license by endorsement in this state to any person who is licensed to practice in another jurisdiction if the person presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the person possesses credentials and qualifications that are substantially equivalent to requirements in Colorado for licensure.

(2)  The board shall issue an electrical license by reciprocity where a

reciprocal agreement for an equivalent license exists, pursuant to section 12-115-107 (2)(i), between the board and the electrical board, or its equivalent, of the state or states where the applicant is licensed. The board shall strive to reduce barriers for Colorado licensees to be licensed by endorsement or through reciprocity in other states.

(3)  The board may specify by rule what shall constitute substantially

equivalent credentials and qualifications.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

852, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-109 as it existed prior

to 2019.

C.R.S. § 12-115-115

12-115-115. Apprentices - supervision - registration - data-sharing agreement - discipline - rules. (1) Any person may work as an apprentice but shall not do any electrical wiring for the installation of electrical apparatus or equipment for light, heat, or power except under the direct supervision of a licensed electrician. A licensed electrician shall not directly supervise more than three apprentices at a job site.

(2)  An electrical contractor, journeyman electrician, master electrician, or

residential wireman who is the employer or direct supervisor of any electrical apprentice working at the trade is responsible for the work performed by the apprentice. The board may take disciplinary action against the contractor, electrician, or residential wireman under section 12-115-122 for any improper work performed by an electrical apprentice working at the trade while employed by and under the direct supervision of that person. The registration of the apprentice may also be subject to disciplinary action under section 12-115-122.

(3) (a)  Upon employing an apprentice to work at the trade, the electrical

contractor, within thirty days after the initial employment, shall register the apprentice with the board. The employer shall also remove each apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.

(b)  An apprentice must be under the direct supervision of a licensed

electrician as set forth in subsection (1) of this section.

(c)  By January 1 each year, an electrical contractor, an apprenticeship

program registered with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor that employs an apprentice in this state shall report to the board the name and contact information of each apprentice in the apprenticeship program and the cumulative number of practical training hours and certified classroom hours each apprentice has completed toward the journeyman electrician licensure requirements specified in section 12-115-110. The board shall keep the information reported pursuant to this subsection (3)(c) confidential from all parties other than from the apprentice through the apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (7) of this section, indicate whether the apprentice has completed the required practical training hours and classroom hours in the department of regulatory agency's online apprenticeship directory.

(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2027.]

(a) (I) An electrical contractor shall not register with the board pursuant to subsection (3) of this section an apprentice who is in a construction industry apprenticeship program registered with the United States department of labor or a state apprenticeship agency recognized by the United States department of labor unless the apprentice is enrolled in an apprenticeship program training the apprentice for an occupation officially recognized by the United States department of labor as an electrical occupation, as defined by the United States department of labor, bureau of labor statistics, occupational employment and wage statistics occupation code 47.2111.

(II)  On or before July 1, 2027, the state apprenticeship agency and the

department, if existing resources are available or if the department receives sufficient gifts, grants, or donations pursuant to subsection (7) of this section, shall establish a data-sharing agreement to allow verification of eligibility for registration with the board pursuant to subsection (3.5)(a)(I) of this section.

(b) (I)  If the board determines that an apprentice is not in compliance with

subsection (3.5)(a) of this section, the board shall notify the electrical contractor that registered the apprentice with the board. Within thirty days after notification of noncompliance, the electrical contractor shall provide proof that the apprentice is eligible to be registered as an electrical apprentice with the board. If the board verifies within sixty days after notification of noncompliance that the apprentice is eligible to be registered as an electrical apprentice, the apprentice will remain registered with the board.

(II)  If the board cannot verify that an apprentice is eligible to be registered as

an electrical apprentice within sixty days after notice of noncompliance pursuant to subsection (3.5)(b)(I) of this section, the board shall remove the apprentice's registration with the board, and the noncompliant apprentice shall not perform work as an electrical apprentice in the state.

(III)  This subsection (3.5) does not apply to an electrical apprentice whose

training is provided directly by the electrical contractor or another electrical training program that is not an apprenticeship program registered with the United States department of labor or a state apprenticeship agency.

(4)  On and after January 1, 2021, contingent on the availability of existing

resources within the department or the receipt of gifts, grants, and donations pursuant to subsection (7) of this section:

(a) (I)  An apprentice who has been registered for at least six years, has

completed eight thousand hours of practical training, and meets all other journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least every three years in alignment with the license renewal cycle until the apprentice receives a passing score.

(II)  If an apprentice has failed to pass the license examination in two

consecutive three-year periods, the apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.

(b)  An apprentice who has been registered for at least six years and who

does not meet the journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least once every three years in alignment with the license renewal cycle until the apprentice receives a passing score. Once the apprentice passes the license examination, the apprentice must meet all other journeyman electrician license requirements specified in section 12-115-110 before the board may issue a journeyman electrician license to the apprentice.

(5) (a)  If the cumulative training and classroom hours of an apprentice are

not reported as required by subsection (3)(c) of this section or if an apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the apprentice's registration until the requirements are met.

(b)  If an apprentice who is required to take the license examination pursuant

to subsection (4) of this section has a learning disability, the apprentice, electrical contractor, or apprenticeship program may request that the board make accommodations for the apprentice to take the examination with the appropriate level of support.

(6)  Repealed.


(7)  The department may seek, accept, and expend gifts, grants, or donations

from private or public sources for the purposes of this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

853, � 1, effective October 1; (1), (2), and (3)(b) amended, (SB 19-156), ch. 346, p. 3204, � 14, effective October 1. L. 2020: (3)(a) amended and (3)(c) and (4) to (7) added, (SB 20-120), ch. 244, p. 1171, � 1, effective September 14. L. 2023: (3)(c) amended, (SB 23-051), ch. 37, p. 144, � 16, effective March 23. L. 2025: (3.5) added, (HB 25-1284), ch. 403, p. 2301, � 1, effective January 1, 2027.

Editor's note: (1)  This section is similar to former � 12-23-110.5 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

(3)  Subsection (6)(b) provided for the repeal of subsection (6), effective July

1, 2021. (See L. 2020, p. 1173.)

C.R.S. § 12-115-120

12-115-120. Inspection - electrical permits - application - standard - definition. (1) (a) (I) An individual required to have electrical inspection under this article 115 shall apply to the board for an electrical permit, referred to within this section as a permit, except where an incorporated town or city, county, city and county, or qualified state institution of higher education has a building department that meets the minimum standards of this article 115 and that processes applications for building permits and inspections, in which case the individual shall apply to the building department.

(II)  A qualified state institution of higher education with a building

department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of this article 115, and specifically section 12-115-115, have been met.

(III) (A)  Only a qualified applicant may apply for a permit. A licensed master

electrician who is not a registered electrical contractor and who is operating as an independent contractor for another business shall not apply for a permit.

(B)  Before issuing a permit pursuant to this subsection (1), the board or, if

applicable, the building department of an incorporated town or city, county, city and county, or qualified state institution of higher education shall verify that the permit applicant is a qualified applicant.

(C)  The entity issuing the permit may use the permit application process to

verify compliance with this subsection (1).

(b)  Upon final inspection and approval by the state electrical inspector,

notice shall be issued by the board to the utility, and the office of the board shall retain one copy of the record of approval.

(c)  A utility shall not provide service to any person required to have electrical

inspection under this article 115 without proof of final approval as provided in subsection (1)(b) of this section; except that the utility shall provide service:

(I)  In those situations determined by the local electrical inspection authority,

or by the board, whichever has jurisdiction, to be emergency situations for a maximum period of seven days or until the inspection has been made; or

(II)  If the board or local electrical inspection authority has approved a tiny

home connection for electric utility service in accordance with section 24-32-3329.

(2) (a)  The owner of an electrical installation in any new construction, other

than manufactured units certified by the division of housing pursuant to section 24-32-3311 or a tiny home manufactured to the standards of section 24-32-3328 (1), or remodeling or repair of an existing construction, except in any incorporated town or city, county, city and county, or qualified state institution of higher education having its own electrical code and inspection program equal to the minimum standards as are provided in this article 115, shall have the electrical portion of the installation, remodeling, or repair inspected by a state electrical inspector. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution.

(b)  A state electrical inspector shall inspect any new construction,

remodeling, or repair subject to this subsection (2) within three working days after the receipt of the application for inspection. Prior to the commencement of any electrical installation, the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required permit fee.

(c)  A manufactured home, mobile home, tiny home, or movable structure

owner shall have the electrical installation for the manufactured home, mobile home, tiny home, or movable structure inspected prior to obtaining electric service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (2)(c).

(3) (a)  A state electrical inspector shall inspect the work performed, and, if

the work meets the minimum standards set forth in the national electrical code referred to in section 12-115-107 (2)(a), the inspector shall issue a certificate of approval.

(b) (I)  If the installation is disapproved, the inspector shall give written notice

of the disapproval and of the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the electrical service to the installation discontinued until the installation is rendered safe and shall send a copy of the notice of disapproval and order for discontinuance of service to the supplier of electricity. The qualified applicant may appeal the disapproval to the board, and the board shall grant a hearing within seven days after notice of appeal is filed with the board.

(II)  After removing the cause of the disapproval, the qualified applicant shall

apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.

(4)  The person or inspector making an application, certificate of approval, or

notice of disapproval shall include the name of the property owner, if known; the location and a brief description of the installation; the name of the electrical contractor and state registration number; the state electrical inspector; and the fee charged for the permit. The notice of disapproval and corrective actions to be taken shall be submitted to the board, and a copy of the notice shall be submitted to the electrical contractor within two working days after the date of inspection. The inspector shall post a copy of the notice at the installation site. The board shall furnish the forms. A copy of each application, certificate, and notice made or issued shall be filed with the board.

(5)  Nothing in this section shall be construed to require any utility as defined

in this article 115 to collect or enforce collection or in any way handle the payment of any fee connected with the application.

(6) (a)  All permits issued by the board are valid for a period of twelve months,

and the board shall cancel the permit and remove it from its files at the end of the twelve-month period, except in the following circumstances:

(I)  If a qualified applicant demonstrates at the time of application for a

permit that the electrical work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.

(II)  If the qualified applicant notifies the board prior to the expiration of the

twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.

(b)  If a qualified applicant requests an inspection after a permit has expired

or has been canceled, the qualified applicant must apply for and be issued a new permit before an inspection is performed.

(7)  Notwithstanding the fact that any incorporated town or city, any county,

or any city and county in which a public school is located or is to be located has its own electrical code and inspection authority, any electrical installation in any new construction or remodeling or repair of a public school shall be inspected by a state electrical inspector.

(8)  In the event that any incorporated town or city, county, city and county, or

qualified state institution of higher education intends to commence or cease performing electrical inspections in its respective jurisdiction or, in the case of a qualified state institution of higher education, for buildings owned, leased, or on its land, the public entity or institution shall commence or cease the same only as of July 1 of any year, and written notice of the intent must be given to the board on or before October 1 of the preceding calendar year. If the notice is not given and the use of state electrical inspectors is required within the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring the inspections shall reimburse the state electrical board for any expenses incurred in performing the inspections, in addition to transmitting the required permit fees.

(9) (a)  A person claiming to be aggrieved by the failure of a state electrical

inspector to inspect property after proper application or by notice of disapproval without setting forth the reasons for rejecting the inspection may request the program director to review the actions of the state electrical inspector or the manner of the inspection. The request may be made by an authorized representative and shall be in writing.

(b)  Upon the filing of a request, the program director shall cause a copy to be

served upon the state electrical inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.

(c)  If the request is not granted within ten days after it is filed, it may be

treated as rejected. Any person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.

(d)  Any hearing before the board shall be held pursuant to the provisions of

section 24-4-105.

(10) (a)  An inspector performing an inspection for the state, an incorporated

town or city, a county, a city and county, or a qualified state institution of higher education may verify compliance with this article 115; however, for each project, inspections performed by the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education must include a contemporaneous review to ensure that the specific requirements of sections 12-115-109 and 12-115-115 have been met. A contemporaneous review may include a full or partial review of the electricians and apprentices working on a job site being inspected.

(b) (I)  To ensure that enforcement is consistent, timely, and efficient, each

entity, including the state, as described in this subsection (10), shall develop standard procedures to advise its inspectors how to conduct a contemporaneous review. Each entity's standard procedures need not require a contemporaneous review for each and every inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-115-109 and 12-115-115 at any time. Each entity's procedures must also include provisions that allow for inspectors to:

(A)  Conduct occasional, random, on-site inspections while actual electrical

work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the entity; and

(B)  Request documentation indicating who performed the electrical work to

ensure compliance with sections 12-115-109 and 12-115-115.

(II)  Each entity, including the state, shall post its current procedures

regarding contemporaneous reviews in a prominent location on its public website. Each entity shall provide a website link to or an electronic copy of its procedures to the board, and the board shall post all of the procedures on a single location on the department's website.

(c)  An inspector may file a complaint with the board for any violation of this

article 115.

(d) (I)  The board shall ensure compliance with this section. If the board

determines, as a result of a complaint, that an entity other than the state is conducting electrical inspections that do not comply with this section, the board may issue to that entity an order to show cause, in accordance with sections 12-20-405 and 12-115-122 (6), as to why the board should not issue a final order directing that entity to cease and desist conducting electrical inspections until that entity comes into compliance to the satisfaction of the board.

(II)  The board shall not issue a cease-and-desist order to an inspecting entity

because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.

(III)  If the use of state electrical inspectors is required after the issuance of a

final cease-and-desist order pursuant to this subsection (10)(d), that entity shall reimburse the board for any expenses incurred in performing that entity's inspections, in addition to transmitting the required permit fees.

(11)  As used in this section, qualified applicant means:


(a)  A licensed master electrician, including a licensed master electrician who

is operating as a sole proprietor, so long as the licensed master electrician is also a registered electrical contractor;

(b)  A licensed master electrician who is directly employed by a registered

electrical contractor; or

(c)  A homeowner performing work on the homeowner's home.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

860, � 1, effective October 1; (10) amended, (SB 19-156), ch. 346, p. 3206, � 16, effective October 1. L. 2022: (1)(c), (2)(a), (2)(c), and (10)(d) amended, (HB 22-1242), ch. 172, p. 1136, � 28, effective August 10; (1)(a), (2)(b), (3), (6), and (10)(b) amended and (11) added, (HB 22-1346), ch. 483, p. 3508, � 2, effective January 1, 2023.

Editor's note: (1)  This section is similar to former � 12-23-116 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

(3)  Subsection (11) was numbered as (13) in HB 22-1346 but was renumbered

on revision for ease of location.

C.R.S. § 12-120-403

12-120-403. Exemptions - definitions. (1) Nothing in this part 4 shall prevent any person, firm, corporation, or association from preparing plans and specifications for, designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following:

(a)  One-, two-, three-, and four-family dwellings, including accessory

buildings commonly associated with those dwellings;

(b)  Garages, industrial buildings, offices, farm buildings, and buildings for

the marketing, storage, or processing of farm products, and warehouses, that do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons;

(c)  Additions, alterations, or repairs to the buildings referred to in

subsections (1)(a) and (1)(b) of this section that do not cause the completed buildings to exceed the applicable limitations set forth in this subsection (1);

(d)  Nonstructural alterations of any nature to any building if the alterations

do not affect the life safety of the occupants of the building.

(2)  Nothing in this part 4 shall prevent, prohibit, or limit any municipality or

county of this state, home rule or otherwise, from adopting such building codes as may, in the reasonable exercise of the police power of said governmental unit, be necessary for the protection of the inhabitants of the municipality or county.

(3)  Nothing in this part 4 shall be construed as curtailing or extending the

rights of any other profession or craft, including the practice of landscape architecture by landscape architects pursuant to article 130 of this title 12.

(4)  Nothing in this part 4 shall be construed as prohibiting the practice of

architecture by any employee of the United States government or any bureau, division, or agency of the United States government while in the discharge of the employee's official duties.

(5)  Nothing in this part 4 shall be construed to prevent the independent

employment of a licensed professional engineer practicing pursuant to part 2 of this article 120.

(6) (a)  Except as provided in subsection (6)(b) of this section, nothing in this

part 4 prevents an interior designer from preparing interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and filing the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, or regional building authority, which city, city and county, or regional building authority may approve the filing in the same manner as for other professions and may only reject the filing for a reason provided in law, which reason may be based on a local government's ordinance, resolution, or building code adoption policy.

(b) (I)  Interior designers shall not be engaged in the construction of:


(A)  The structural frame system supporting a building;


(B)  Mechanical, plumbing, heating, air conditioning, ventilation, or electrical

vertical transportation systems;

(C)  Fire-rated vertical shafts in any multistory structure;


(D)  Fire-related protection of structural elements;


(E)  Smoke evacuation and compartmentalization;


(F)  Emergency sprinkler systems;


(G)  Emergency alarm systems; or


(H)  Any other alteration affecting the life safety of the occupants of a

building outside the content of the interior design documents and specifications listed in subsection (6)(a) of this section.

(II)  An interior designer shall, as a condition of filing interior design

documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer's professional liability insurance coverage that is in force. An interior designer is not subject to any of the restrictions set forth in subsections (1)(b) and (1)(d) of this section.

(c)  As used in this subsection (6), interior designer means a person who:


(I)  Engages in:


(A)  Consultation, study, design analysis, drawing, space planning, and

specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building;

(B)  Preparing and submitting interior design documents for the purpose of

obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;

(C)  Designing for fabrication nonstructural elements within and surrounding

interior spaces of buildings; or

(D)  The administration of design construction and contract documents, as

the clients' agent, relating to the functions described in subsections (6)(c)(I)(A) to (6)(c)(I)(C) of this section, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and

(II)  Possesses written documentation that the interior designer:


(A) and (B)  (Deleted by amendment, L. 2020.)


(C)  Has met the education and experience requirements of, and has

subsequently passed, the qualification examination promulgated by the Council for Interior Design Qualification or its successor organization; and

(D)  Maintains active certification with the Council for Interior Design

Qualification or its successor organization.

(d)  As used in this subsection (6), nonstructural or nonseismic includes

interior elements or components that are not load bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.

(7)  Nothing in this article 120 shall prohibit a person who is licensed to

practice architecture in another jurisdiction of the United States from soliciting work in Colorado. The person shall not perform the practice of architecture in this state without first having obtained a license from the board or having associated with an architect licensed in this state who is associated with the project at all stages of the project.

(8)  Nothing in this section authorizes an individual, including an individual

authorized to engage in conduct under subsection (6) of this section, to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign, or seal plans with respect to such practice or in connection with any governmental permit unless the individual is licensed or otherwise permitted by law to so act.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

907, � 1, effective October 1. L. 2020: (6)(a), (6)(b), (6)(c)(II), and (6)(d) amended and (8) added, (HB 20-1165), ch. 102, p. 391, � 1, effective September 14. L. 2024: (4) amended, (HB 24-1329), ch. 342, p. 2317, � 21, effective August 7.

Editor's note: This section is similar to former � 12-25-303 as it existed prior

to 2019.

C.R.S. § 12-120-406

12-120-406. Disciplinary actions - grounds for discipline. (1) The board may take disciplinary or other action as authorized by section 12-20-404 against, or limit the scope of practice of, a licensee for the following:

(a)  Fraud, misrepresentation, deceit, or material misstatement of fact in

procuring or attempting to procure a license;

(b)  Any act or omission that fails to meet the generally accepted standards

of the practice of architecture, as evidenced by conduct that endangers life, health, property, or the public welfare;

(c)  Conviction of, or pleading guilty or nolo contendere to, a felony in

Colorado concerning the practice of architecture or an equivalent crime outside Colorado. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea in any hearing under this part 4. The board shall be governed by sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea.

(d)  Affixing a seal or allowing a seal to be affixed to any document of which

the architect was neither the author nor in responsible control of preparation;

(e)  Violation of, or aiding or abetting in the violation of, this part 4, an

applicable provision of article 20 of this title 12, any rule promulgated by the board in conformance with part 1 of this article 120 or this part 4, or any order of the board issued in conformance with this part 4;

(f)  Use of false, deceptive, or misleading advertising;


(g)  Performing services beyond one's competency, training, or education;


(h)  Failure to render adequate professional control of persons practicing

architecture under the responsible control of a licensed architect;

(i)  Habitual or excessive use or abuse of alcohol, controlled substances, or

any habit-forming drug;

(j)  Any use of a schedule I controlled substance, as defined in section 18-18-203;


(k)  Violation of the notification requirements in section 12-120-411;


(l)  Failure to pay a fine assessed under this part 4;


(m)  Failure to report to the board any architect known to have violated any

provision of this article 120 or any board order or rule;

(n)  Fraud or deceit in the practice of architecture;


(o)  Making or offering to make any gift (other than a gift of nominal value

such as reasonable entertainment or hospitality), donation, payment, or other valuable consideration to influence a prospective or existing client or employer regarding the employment of the architect; except that nothing in this subsection (1)(o) shall restrict an employer's ability to reward an employee for work obtained or performed;

(p)  Selling or fraudulently obtaining or furnishing a license or renewal of a

license to practice architecture;

(q)  Engaging in conduct that is intended or reasonably might be expected to

mislead the public into believing that the person is an architect;

(r)  Engaging in the practice of an architect as a corporation or partnership or

group of persons, unless the entity meets the requirements of section 12-120-404; or

(s)  Failing to respond to allegations in a complaint within the length of time

specified in the letter issued by the board in accordance with subsection (2) of this section.

(2)  The board may issue and send a letter of admonition by first-class mail to

a licensee at the licensee's last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).

(3)  The board may send a confidential letter of concern to a licensee under

the circumstances specified in section 12-20-404 (5).

(4)  Any disciplinary action in another state or jurisdiction on grounds

substantially similar to those that would constitute a violation under this part 4 shall be prima facie evidence of grounds for disciplinary action, including denial of licensure, under this section.

(5)  In addition to the penalties provided for in this section, any person

violating any provision of this part 4 or any standards or rules promulgated pursuant to this part 4 may be punished by a fine of not less than fifty dollars and not more than five thousand dollars upon a finding of misconduct by the board, made pursuant to article 4 of title 24.

(6)  If, as a result of a proceeding held pursuant to article 4 of title 24, the

board determines that a person licensed to practice architecture pursuant to this part 4 has acted in such a manner as to be subject to disciplinary action, the board may, in lieu of or in addition to other forms of disciplinary action that may be authorized by this section, require a licensee to take courses of training or education relating to the licensee's profession. The board shall determine the conditions that may be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee is required to furnish satisfactory proof of completion of the training or education.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

913, � 1, effective October 1. L. 2024: (1)(q), (1)(r), and (6) amended and (1)(s) added, (HB 24-1329), ch. 342, pp. 2315, 2318, �� 13, 24, effective August 7.

Editor's note: This section is similar to former � 12-25-308 as it existed prior

to 2019.

C.R.S. § 12-130-109

12-130-109. Licensure - application - qualifications - rules. (1) Application. (a) An application for licensure shall include evidence of the education and practical experience required by this section and the rules of the board.

(b)  A person applying for licensure under this article 130 shall disclose

whether he or she has been denied licensure or disciplined as a landscape architect or practiced landscape architecture in violation of this article 130. If an applicant has violated this article 130, the board may deny an application for licensure. When determining whether a person has violated this article 130, section 24-5-101 shall govern the board's actions.

(c)  Applicants may seek licensure in one of the following manners:


(I)  Licensure by examination as described in subsection (3) of this section;


(II)  Licensure by endorsement pursuant to the occupational credential

portability program; or

(III)  Licensure by prior practice as described in subsection (5) of this section.


(2)  Education and experience. The board shall set minimum educational and

experience requirements for licensure by examination, subject to the following guidelines:

(a)  The board may require either:


(I) (A)  Practical experience for a specified period, not to exceed three years,

or education or experience determined by the board to be substantially equivalent; and

(B)  A professional degree from a program accredited by the Landscape

Architectural Accreditation Board, or any successor organization, or education or experience determined by the board to be substantially equivalent; or

(II)  Practical experience for a specified period, not to exceed ten years, under

the direct supervision of a licensed landscape architect or a landscape architect with an equivalent level of competence as defined by rules of the board; or

(III)  A combination of such practical experience and education, not to exceed

ten years.

(b)  One year of the experience required by this subsection (2) may be

practical field experience in construction techniques, teaching, or research in a program accredited by the Landscape Architectural Accreditation Board or an equivalent successor organization.

(c)  Subject to review and approval by the board pursuant to rules, a graduate

of an unaccredited program of landscape architecture or a related field shall be eligible to substitute education for the practical experience required by the board pursuant to this subsection (2).

(d) (I)  Prior to licensure, an applicant by examination shall pass an

examination developed or adopted by the board that measures the minimum level of competence necessary to be a licensed landscape architect. The board shall designate and notify applicants of the time and location for examinations. The board may engage a private contractor to administer the examinations.

(II)  The board may adopt the examinations, recommended grading

procedures, and educational and practical experience requirements and equivalents of the Council of Landscape Architectural Registration Boards or a successor organization if the examinations, procedures, and requirements and equivalents do not conflict with the requirements of this article 130.

(3)  Licensure by examination. (a)  Before being licensed pursuant to this

subsection (3), an applicant for licensure by examination shall pass an examination developed or adopted by the board to measure the minimum level of competence.

(b)  The board shall designate a time and location for examinations and shall

notify applicants of this time and location in a timely manner. The board may contract for assistance in administering the examinations.

(c)  The board may adopt the examinations, recommended grading

procedures, and educational and practical experience requirements of the Council of Landscape Architectural Registration Boards or any substantially equivalent successor organization if the examinations, procedures, and requirements do not conflict with the requirements of this article 130.

(4)  Repealed.


(5)  Licensure by prior practice. (a)  The board shall adopt rules authorizing

the issuance of a license to qualified candidates who practiced landscape architecture before January 1, 2008.

(b)  The following evidence, as verified by the board, shall be acceptable as

proof that a candidate is qualified for licensure by prior practice:

(I) (A)  A diploma or certificate of graduation from a landscape architecture

degree program accredited by the Landscape Architectural Accreditation Board or its successor organization; and

(B)  Evidence of at least six years of practical experience in the practice of

landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture; or

(II)  Evidence that the applicant has at least ten years of practical experience

in the practice of landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture.

(c)  All experience required to qualify for licensure by prior practice shall be

obtained before January 1, 2008; except that one year of required experience for licensure by prior practice may accrue after January 1, 2008.

(d)  The board may develop or adopt a supplementary examination to

measure the minimum competence of applicants for licensure by prior practice. The supplementary examination shall be administered at the discretion of the board when an applicant for licensure by prior practice has otherwise failed to sufficiently demonstrate minimum competence.

(6)  Issuance of license. Upon application and satisfaction of the

requirements of this section, the board shall issue a license to practice landscape architecture. The board is not required to issue a license if the applicant is subject to discipline pursuant to this article 130.

(7)  Lapse of application. If an applicant fails to meet the licensing

requirements within three years after filing an application, the application shall be void. The board may authorize an applicant for licensure by examination to reattempt the examination without limitation and may exempt an applicant from this subsection (7) so long as the applicant reattempts the examination within thirty-one months after the last examination.

(8)  Renewal and reinstatement. All licenses issued pursuant to this article

130 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to penalties provided in this article 130 or in section 12-20-202 (1).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

929, � 1, effective October 1. L. 2020: (1)(c)(II) amended and (4) repealed, (HB 20-1326), ch. 126, p. 535, � 18, effective June 25.

Editor's note: This section is similar to former � 12-45-110 as it existed prior

to 2019.

Cross references: For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

C.R.S. § 12-130-113

12-130-113. Disciplinary actions by board - procedures. (1) The board may take disciplinary or other action as authorized in section 12-20-404, may place conditions or limitations on a license, or may impose a censure if, after notice and hearing, the board determines that a licensee has committed any of the acts specified in section 12-130-112.

(2)  The board may issue and send to a licensee, by certified mail, a written

letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4).

(3)  The board may send a confidential letter of concern to a licensee under

the circumstances specified in section 12-20-404 (5). The confidential letter of concern and notice of the issuance of the letter shall be sent to the licensee by certified mail. Issuance of a confidential letter of concern shall not be construed to be discipline.

(4)  If the board determines that a person licensed to practice landscape

architecture pursuant to this article 130 is subject to disciplinary action under this section, the board may, in lieu of or in addition to other discipline, require a licensee to take courses of professional training or education. The board shall determine the educational conditions to be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee shall furnish proof of satisfactory completion of the training or education.

(5)  Any disciplinary action taken by the board shall be in accordance with the

provisions of section 12-20-403 and article 4 of title 24.

(6)  In addition to the penalties provided for in this section, and in lieu of

revoking a license upon a finding of misconduct by the board, a person who violates this article 130 or rules promulgated pursuant to section 12-20-204 or this article 130 may be punished by a fine not to exceed five thousand dollars.

(7)  On its own motion or upon application after the imposition of discipline,

the board may reconsider its prior action and reinstate a license, terminate suspension or probation, or reduce the severity of its prior disciplinary action.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

934, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-114 as it existed prior

to 2019.

C.R.S. § 12-15-106

12-15-106. Conservation easement tax credit certificate application process - definitions - rules. (1) For purposes of this section:

(a)  Application means an application for a tax credit certificate submitted

pursuant to section 12-15-105 or this section.

(b)  Conservation purpose means conservation purpose as defined in

section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section.

(c)  Credibility means the results are worthy of belief and are supported by

relevant evidence and logic to the degree necessary for the intended use.

(d)  Deficiency means noncompliance with a requirement for obtaining a tax

credit certificate that, unless the noncompliance is remedied, is grounds for the denial of a tax credit certificate application submitted pursuant to this section.

(e)  Director means the director of the division of conservation or his or her

designee.

(f)  Landowner means the record owner of the surface of the land and, if

applicable, owner of the water or water rights beneficially used thereon who creates a conservation easement in gross pursuant to section 38-30.5-104.

(g)  Tax credit certificate means the conservation easement tax credit

certificate issued pursuant to section 12-15-105 and this section.

(2) (a)  The division shall establish and administer a process by which a

landowner seeking to claim an income tax credit for any conservation easement donation made on or after January 1, 2014, must apply for a tax credit certificate as required by section 39-22-522 (2.5) and (2.7). The purpose of the application process is to determine whether a conservation easement donation for which a tax credit will be claimed:

(I)  Is a contribution of a qualified real property interest to a qualified

organization to be used exclusively for a conservation purpose;

(II)  Is substantiated with a qualified appraisal prepared by a qualified

appraiser in accordance with the substance and principles of uniform standards of professional appraisal practice or an alternative method acceptable to the division and the commission; and

(III)  Complies with the requirements of this section.


(b)  The landowner has the burden of proof regarding compliance with all

applicable laws, rules, and regulations.

(3)  For the purpose of reviewing applications and making determinations

regarding the issuance of tax credit certificates, including the dollar amount of the tax credit certificate to be issued:

(a)  Division staff shall review each application and advise and make

recommendations to the director and the commission regarding the application.

(b)  The director has authority and responsibility to determine the credibility

of the appraisal. In determining credibility, the director shall consider, at a minimum, compliance with the following requirements:

(I)  The appraisal for a conservation easement donation for which a tax credit

is claimed pursuant to section 39-22-522 is a qualified appraisal from a qualified appraiser, as defined in section 170 (f) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section;

(II)  The appraisal conforms with the substance and principles of the uniform

standards of professional appraisal practice promulgated by the Appraisal Standards Board of the Appraisal Foundation and any other provision of law; and

(III)  The appraiser holds a valid license as a certified general appraiser in

accordance with part 6 of article 10 of this title 12.

(IV)  Repealed.


(c)  The director has the authority and responsibility to determine compliance

with the requirements of section 12-15-104.

(d)  The commission has the authority and responsibility to determine

whether a conservation easement donation for which a tax credit is claimed pursuant to section 39-22-522 is a qualified conservation contribution as defined in section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section.

(4)  The department of revenue is not authorized to disallow a conservation

easement tax credit based on any requirements that are under the jurisdiction of the division, the director, or the commission pursuant to this section.

(5)  A complete tax credit certificate application must be made by the

landowner to the division and must include:

(a)  A copy of the final conservation easement appraisal;


(b)  A copy of the recorded deed granting the conservation easement;


(c)  Documentation supporting the conservation purpose of the easement;


(d)  Any other information or documentation the director or the commission

deems necessary to make a final determination regarding the application; and

(e)  The fee required pursuant to subsection (6) of this section.


(6)  A landowner submitting an application for a tax credit certificate

pursuant to this section or an application for an optional preliminary advisory opinion pursuant to subsection (14) of this section shall pay the division a fee as prescribed by the division. The application fee for an optional preliminary advisory opinion may be a different dollar amount than the application fee for a tax credit certificate. The fees must be adequate to pay for the administrative costs of the division and the commission in administering the requirements of this section, but not so high as to act as a disincentive to the creation of conservation easements in the state. The state treasurer shall credit the fees collected pursuant to this subsection (6) to the conservation cash fund created in section 12-15-107. On or before January 1, 2014, and on or before each January 1 thereafter, the division shall certify to the general assembly the amount of any fees prescribed by the division pursuant to this subsection (6).

(7) (a)  If, during the review of an application for a tax credit certificate, the

director or the commission identifies any potential deficiencies, the director or commission shall document the potential deficiencies in a letter sent to the landowner by first-class mail. The division shall send letters documenting potential deficiencies to landowners in a timely manner so that the number of days between the date a completed application is received by the division and the mailing date of the division's letter to the landowner does not exceed one hundred twenty days.

(b)  The landowner has sixty days after the mailing date of the division's

letter to address the potential deficiencies identified by the director and the commission and provide additional information or documentation that the director or the commission deems necessary to make a final determination regarding the application.

(c)  The director and the commission have ninety days after the date of

receipt of any additional information or documentation provided by the landowner to review the information and documentation and make a final determination regarding the application.

(d)  The deadlines prescribed by this subsection (7) may be extended upon

mutual agreement between the director and the commission and the landowner.

(8)  The director or the commission may deny an application if the landowner:


(a)  Has not demonstrated to the satisfaction of the director or the

commission that the application complies with any requirement of this article 15;

(b)  Does not provide the information and documentation required pursuant to

this article 15; or

(c)  Fails to timely respond to any written request or notice from the division,

the director, or the commission.

(9)  If the director reasonably believes that any appraisal submitted in

accordance with this section is not credible, the director, after consultation with the commission, may request that the landowner, at the landowner's expense, obtain either a second appraisal or a review of the appraisal submitted with the application from an appraiser who meets the requirements of part 6 of article 10 of this title 12 and is in good standing with the board of real estate appraisers before making a final determination regarding the application.

(10)  If the director and the commission do not identify any potential

deficiencies with an application, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105 in a timely manner so that the number of days between the date a completed application is received by the division and the date the tax credit certificate is issued does not exceed one hundred twenty days. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39. The deadline prescribed by this subsection (10) may be extended upon mutual agreement of the director, the commission, and the landowner.

(11) (a)  If all potential deficiencies that have been identified are subsequently

addressed to the satisfaction of the director and the commission, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39.

(b)  If any potential deficiencies that have been identified are not

subsequently addressed to the satisfaction of the director and the commission, the division shall issue a written denial of the application to the landowner documenting those deficiencies that were the specific basis for the denial. The division shall date the written denial and send it by first-class mail to the landowner at the address provided by the landowner on the application. The director may act on behalf of the commission for purposes of administering the process for issuing approvals and denials of applications and for administering subsection (12) of this section.

(12) (a)  The landowner may appeal to the director either the director's or the

commission's denial of an application, in writing, within thirty days after the issuance of the denial. This written appeal constitutes a request for an administrative hearing.

(b)  If the landowner fails to appeal the denial of an application within thirty

days after the issuance of the denial, the denial becomes final, and the division shall not issue a tax credit certificate to the landowner.

(c)  Administrative hearings must be conducted in accordance with section

24-4-105. At the discretion of the director, hearings may be conducted by an authorized representative of the director or the commission or an administrative law judge from the office of administrative courts in the department of personnel. All hearings must be held in the county where the division is located unless the director designates otherwise. The decision of the director or the commission is subject to judicial review by the court of appeals and is subject to the provisions of section 24-4-106.

(d)  In conducting settlement discussions with a landowner, the director and

the commission may compromise on any of the deficiencies identified in the application and supporting documentation, including the dollar amount of the tax credit certificate to be issued. The director shall place on file in the division a record of any compromise and the reasons for the compromise.

(e)  The director may promulgate rules pursuant to article 4 of title 24 to

effectuate the purposes of this subsection (12).

(13) (a)  Commencing with the 2014 calendar year, and for each calendar year

thereafter, the division shall create a report, which shall be made available to the public, containing the following aggregate information:

(I)  The total number of tax credit certificate applications received, approved,

and denied in accordance with this section, along with average processing times;

(II)  For applications approved in accordance with this section:


(A)  The total acreage under easement summarized by the allowable

conservation purposes as defined in section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section;

(B)  The total appraised value of the easements;


(C)  The total donated value of the easements; and


(D)  The total dollar amount of tax credit certificates issued.


(b)  The division may include additional easement-specific information in the

public report that, notwithstanding the provisions of this article 15 or any other law to the contrary, would otherwise be publicly available.

(c)  The director is authorized to share publicly available information

regarding conservation easements with a third-party vendor for the purpose of developing and maintaining a registry of conservation easements in the state with a corresponding map displaying the boundaries of each easement in the state relative to county boundaries and other relevant mapping information. For purposes of this subsection (13)(c), publicly available information means any document showing evidence of its recordation in the records of a county clerk and recorder or other information readily available to the general public. Prior to sharing the information, the director shall consult with the commission regarding the appropriate types of information and the methods used for collecting the information. The department of regulatory agencies shall annually report on the information contained in the registry as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. The information to be shared shall include the following:

(I)  Any deeds, contracts, or other instruments creating, assigning, or

terminating the easement, including the reception numbers on all instruments;

(II)  The location and acreage of each easement, delineated by county;


(III)  The name of the original grantor of the easement and the name of the

original grantee of the easement;

(IV)  Whether the holder of the easement is a certified organization pursuant

to section 12-15-104;

(V)  The conservation purposes of the easement; and


(VI)  If a tax credit was issued.


(14) (a)  In addition to the tax credit certificate application process set forth in

this section, a landowner may submit a proposed conservation easement donation to the division to obtain an optional preliminary advisory opinion regarding the transaction. The opinion may address the proposed deed of conservation easement, appraisal, conservation purpose, or other relevant aspect of the transaction.

(b)  The division, the director, and the commission shall review the

information and documentation provided in a manner consistent with the scope of their authority and responsibilities for reviewing tax credit certificate applications as outlined in subsection (3) of this section and issue either a favorable opinion or a nonfavorable opinion.

(c)  The director or the commission may request that the landowner submit

additional information or documentation that the director or the commission deems necessary to complete the review and issue an opinion.

(d)  A nonfavorable opinion shall set forth any potential deficiencies

identified by the director or the commission and that fall within the scope of the director's and the commission's review of the conservation easement transaction. The preliminary opinion is advisory only and is not binding for any purpose upon the division, the director, the commission, or the department of revenue.

(14.5) (a)  The division shall convene a working group in conjunction with the

department of law and the department of revenue to develop proposed statutes and regulations for the following:

(I)  An alternative method to the appraisal process set forth in section 39-22-522 (3.3) to establish the amount of tax credits for which a qualified conservation

easement contribution would be eligible;

(II)  A process to provide retroactive tax credits, payments, or refunds to

taxpayers who claimed credits pursuant to section 39-22-522 between January 1, 2000, and December 31, 2013, and whose tax credits were denied in whole or in part, including the development of eligibility criteria for receiving such retroactive tax credits, payments, or refunds; and

(III)  Recommendations for administering orphaned conservation easements.


(b)  The working group shall consist of eight members. The president of the

senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint two members to the working group prior to June 1, 2019. In making appointments, consideration should be given to appointing individuals who are certified easement holders, taxpayers who have considered conveying a conservation easement or conveyed a conservation easement and claimed a tax credit, conservation easement appraisers, and conservation attorneys. The working group shall convene its first meeting in a hearing room at the state capitol building at 9:00 a.m. on June 25, 2019. The working group shall select a chairperson at the first meeting. At each meeting of the working group, it shall designate the date, place, and time of its next meeting.

(c)  The working group shall submit a report to the rural affairs and

agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate by no later than December 1, 2019. The report must include any recommendations for legislation or rule-making to address the issues addressed pursuant to this subsection (14.5).

(15)  The division may promulgate rules to effectuate the purpose,

implementation, and administration of this section pursuant to article 4 of title 24. The authority to promulgate rules includes the authority to:

(a)  Define further in rule the administrative processes and requirements,

including application processing and review time frames, for obtaining and issuing an optional preliminary advisory opinion pursuant to subsection (14) of this section; and

(b)  Adopt best practices, processes, and procedures used by other entities

that regularly review conservation easement transactions, including a practice, process, or procedure deeming qualified conservation easement appraisals approved by these entities based on their independent reviews as credible for purposes of the conservation easement tax credit.

(16)  Notwithstanding the provisions of the Colorado Open Records Act,

part 2 of article 72 of title 24, the division, the director, and the commission shall deny the right of public inspection of any documentation or other record related to information obtained as part of an individual landowner's application for a tax credit certificate or an optional preliminary advisory opinion pursuant to the requirements of this section, including documentation or other records related to administrative hearings and settlement discussions held pursuant to subsection (12) of this section. The division, the director, and the commission may share documentation or other records related to information obtained pursuant to this section with the department of revenue.

(17)  Nothing in this section affects any tax credit that is claimed or used

pursuant to section 39-22-522 for conservation easement donations occurring prior to January 1, 2014.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

723, � 1, effective October 1; (2)(a)(II), (3)(b)(II), IP(13)(c), and (15) amended, (3)(b)(IV) repealed, and (14.5) added, (HB 19-1264), ch. 420, p. 3682, � 15, effective October 1. L. 2024: (10) amended, (SB 24-126), ch. 211, p. 1291, � 5, effective August 7.

Editor's note: (1)  This section is similar to former � 12-61-1106 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1264.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019.

Cross references: For the legislative declaration in SB 24-126, see section 1

of chapter 211, Session Laws of Colorado 2024.

C.R.S. § 12-155-108

12-155-108. Plumber must have license - registration - control and supervision - rules. (1) (a) A person shall not engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber in this state until the person has received a license from the division, upon written notice from the board or its authorized agent, or a temporary permit from the board or its authorized agent; except that a person may practice as a water conditioning contractor if the person is registered pursuant to subsection (4) of this section, as a water conditioning installer if the person is registered pursuant to subsection (5) of this section, or as a water conditioning principal if the person is registered pursuant to subsection (6) of this section.

(b)  Nothing in this section limits the ability of, or requires registration

pursuant to subsection (4), (5), or (6) of this section for, a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.

(2) (a)  All plumbing apprentices working for plumbing contractors pursuant

to this article 155 and all apprentices working under the supervision of any licensed plumber pursuant to section 12-155-124 shall, within thirty days after the date of initial employment, be registered with the board.

(b)  The employer of a plumbing apprentice shall be responsible for the

apprentice's registration with the board.

(c)  No apprentice shall be registered until payment of a registration or

registration renewal fee, as determined by the board, has been made.

(3)  A person shall not operate as a plumbing contractor until the contractor

has obtained registration from the board. The board shall register a plumbing contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state. In order to act as a plumbing contractor, the person must either be, or employ full-time, a master plumber, who shall be in charge of the supervision of all plumbing work performed by the contractor. A master plumber shall not be responsible for more than one plumbing contractor at a time. A master plumber shall notify the board within fifteen days after the master plumber's termination as a master plumber for a plumbing contractor. The master plumber is responsible for all plumbing work performed by the plumbing contractor. Failure to provide the notice may lead to suspension or revocation of the master plumber license as provided in section 12-155-113.

(4)  Except as specified in subsection (1)(b) of this section, effective April 1,

2016, a person shall not operate as a water conditioning contractor unless the person:

(a)  Is currently registered with the board pursuant to this subsection (4) as

specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state.

(b)  Is, or employs full-time, a water conditioning principal, who shall be

responsible for all water conditioning appliance work performed by the contractor.

(5)  Except as specified in subsection (1)(b) of this section, effective April 1,

2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning installer unless the person is currently registered with the board pursuant to this subsection (5) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning installer upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.

(6) (a)  Except as specified in subsection (1)(b) of this section, effective April 1,

2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning principal unless the person is currently registered with the board pursuant to this subsection (6) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning principal upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.

(b)  A water conditioning principal shall not be responsible for more than one

water conditioning contractor at a time. The water conditioning principal shall notify the board within fifteen days after the water conditioning principal's termination as a water conditioning principal for a water conditioning contractor. Failure to provide the notice may lead to suspension or revocation of the water conditioning principal's registration as provided in section 12-155-113.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

994, � 1, effective October 1. L. 2024: (1), (3), and (6)(b) amended, (HB 24-1344), ch. 343, p. 2322, � 7, effective July 1; (1) amended, (HB 24-1344), ch. 343, p. 2323, � 8, effective July 1, 2025.

Editor's note: (1)  This section is similar to former � 12-58-105 as it existed

prior to 2019.

(2)  Amendments to subsection (1) by sections 7 and 8 of HB 24-1344 were

harmonized, effective July 1, 2025.

C.R.S. § 12-155-112

12-155-112. License and registration renewal - term of license - renewal - fees - reinstatement - continuing education - rules. (1) (a) Beginning with the plumbing license cycle that begins on March 1, 2027, and each subsequent license cycle thereafter, the board shall issue and renew plumbing licenses for a period of three years unless otherwise determined by the director.

(b)  Except as provided in subsection (1)(a) of this section, all license and

registration renewal and renewal fees shall be in accordance with sections 12-20-105 and 12-20-202 (1).

(2) (a)  Licenses and registrations issued pursuant to this article 155 are

subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license or registration has expired is subject to the penalties provided in this article 155 or section 12-20-202 (1).

(b)  This subsection (2)(b) does not apply to water conditioning installers and

water conditioning principals. To reinstate a license or registration that has been expired for two or more years, a person must demonstrate competency by:

(I)  Providing verification of a license in good standing from another state and

proof of active practice in that state for the year previous to the date of receipt of the reinstatement application;

(II)  Satisfactorily passing the state plumbing examination in accordance with

section 12-155-110; or

(III)  Any other means approved by the board.


(c)  To reinstate a license or registration that has been expired for less than

two years, a person must comply with subsection (3)(a) of this section; except that this subsection (2)(c) does not apply to water conditioning installers and water conditioning principals.

(3) (a)  On or after May 1, 2021, the board shall not renew or reinstate a

license unless the applicant has completed eight hours of continuing education for every twelve months that have passed after the later of the last date of renewal or reinstatement. This subsection (3)(a) does not apply to the first renewal or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to section 12-155-110.

(b)  On or before July 1, 2020, the board, in collaboration with established

industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards. The requirements and standards must include course work related to the code, including core competencies, as determined by the board. The board may count a licensed plumber's enrollment in a course designed to help the plumber attain nationally recognized plumbing and building inspection certifications towards the plumber's continuing education requirements. A renewal or reinstatement license applicant must furnish, or cause to be furnished, to the board, in a form and manner determined by the board, documentation demonstrating compliance with this subsection (3) and rules promulgated to implement this subsection (3).

(c)  To ensure consumer protection, the board's rules may include audit

standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

997, � 1, effective October 1; (2) amended and (3) added, (HB 19-1086), ch. 109, p. 403, � 3, effective January 1, 2020. L. 2024: (1) amended, (HB 24-1344), ch. 343, p. 2324, � 13, effective July 1.

Editor's note: This section is similar to former � 12-58-108 as it existed prior

to 2019.

C.R.S. § 12-155-116

12-155-116. License by endorsement - rules. The board may issue a plumber's license by endorsement in this state to any person who is licensed to practice in another jurisdiction if the person presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the person possesses credentials and qualifications that are substantially equivalent to requirements in Colorado for licensure by examination. The board may specify by rule what shall constitute substantially equivalent credentials and qualifications and may further require a waiting period of six months after the issuance of a license in another state before issuing a license in Colorado.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1001, � 1, effective October 1.

Editor's note: This section is similar to former � 12-58-111 as it existed prior to

2019.

C.R.S. § 12-155-124

12-155-124. Apprentices - registration - data-sharing agreement - discipline - rules. (1) A person may work as a plumbing apprentice for a registered plumbing contractor but shall not do any plumbing work for which a license is required pursuant to this article 155 except under the supervision of a licensed plumber. Supervision requires that a licensed plumber supervise apprentices at the job site. One licensed journeyworker plumber, master plumber, or residential plumber shall not supervise more than three plumbing apprentices at the same job site.

(2)  A master, journeyworker, or residential plumber who is the supervisor of a

plumbing apprentice is responsible for the work performed by the apprentice. The license of a plumber may be revoked, suspended, or denied under section 12-155-113 for any improper work performed by a plumbing apprentice while under the supervision of the licensee.

(3)  By July 1 each year, a registered plumbing contractor, an apprenticeship

program registered with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor that employs a plumbing apprentice in this state shall report to the board the name and contact information of each plumbing apprentice in the apprenticeship program and the cumulative number of practical training hours each plumbing apprentice has completed toward the licensure requirements specified in section 12-155-110. The board shall keep the information reported pursuant to this subsection (3) confidential from all parties other than from the plumbing apprentice through the plumbing apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (8) of this section, indicate whether the plumbing apprentice has completed the required practical training hours in the department of regulatory agencies' online apprenticeship directory.

(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2027.] (a) (I)  A

registered plumbing contractor shall not register with the board pursuant to subsection (3) of this section a plumbing apprentice who is in a construction industry apprenticeship program registered with the United States department of labor or a state apprenticeship agency recognized by the United States department of labor unless the plumbing apprentice is enrolled in an apprenticeship program training the plumbing apprentice for an occupation officially recognized by the United States department of labor as a plumbing or mechanical-related occupation, as defined by the United States department of labor, bureau of labor statistics, occupational employment and wage statistics occupation codes 17.3013, 47.2152, or 49.9021.

(II)  On or before July 1, 2027, the state apprenticeship agency and the

department, if existing resources are available or if the department receives sufficient gifts, grants, or donations pursuant to subsection (8) of this section, shall establish a data-sharing agreement to allow verification of eligibility for registration with the board pursuant to subsection (3.5)(a)(I) of this section.

(b) (I)  If the board determines that a plumbing apprentice is not in

compliance with subsection (3.5)(a) of this section, the board shall notify the plumbing contractor that registered the apprentice with the board. Within thirty days after notification of noncompliance, the plumbing contractor shall provide proof that the apprentice is eligible to be registered as a plumbing apprentice with the board. If the board verifies within sixty days after notification of noncompliance that the plumbing apprentice is eligible to be registered as a plumbing apprentice, the plumbing apprentice will remain registered with the board.

(II)  If the board cannot verify that a plumbing apprentice is eligible to be

registered as a plumbing apprentice within sixty days after notice of noncompliance pursuant to subsection (3.5)(b)(I) of this section, the board shall remove the plumbing apprentice's registration with the board, and the noncompliant plumbing apprentice shall not perform work as a plumbing apprentice in the state.

(III)  This subsection (3.5) does not apply to a plumbing apprentice whose

training is provided directly by the plumbing contractor or another plumbing training program that is not an apprenticeship program registered with the United States department of labor or a state apprenticeship agency.

(4)  On and after July 1, 2021, contingent on the availability of existing

resources within the department or the receipt of gifts, grants, and donations pursuant to subsection (8) of this section:

(a) (I)  A plumbing apprentice who has been registered for at least six years,

has completed six thousand eight hundred hours of practical training, and meets all other license requirements specified in section 12-155-110 shall take the license examination at least every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score.

(II)  If a plumbing apprentice has failed to pass the license examination in two

consecutive two-year periods, the plumbing apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the plumbing apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.

(b)  A plumbing apprentice who has been registered for at least six years and

who does not meet the license requirements specified in section 12-155-110 shall take the license examination at least once every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score. Once the plumbing apprentice passes the license examination, the apprentice must meet all other license requirements specified in section 12-155-110 before the board may issue a license to the plumbing apprentice.

(5) (a)  If the cumulative training hours of a plumbing apprentice are not

reported as required by subsection (3) of this section or if a plumbing apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the plumbing apprentice's registration until the requirements are met.

(b)  If a plumbing apprentice who is required to take the license examination

pursuant to subsection (4) of this section has a learning disability, the plumbing apprentice, plumbing contractor, or apprenticeship program may request that the board make accommodations for the plumbing apprentice to take the examination with the appropriate level of support.

(6)  A registered plumbing contractor, an apprenticeship program registered

with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor shall remove each plumbing apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.

(7)  Repealed.


(8)  The department may seek, accept, and expend gifts, grants, or donations

from private or public sources for the purposes of this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1010, � 1, effective October 1. L. 2020: (3) to (8) added, (SB 20-120), ch. 244, p. 1173, � 2, effective September 14. L. 2023: (3) and (6) amended, (SB 23-051), ch. 37, p. 144, � 17, effective March 23. L. 2024: (1) and (2) amended, (HB 24-1344), ch. 343, p. 2330, � 25, effective July 1, 2025. L. 2025: (3.5) added, (HB 25-1284), ch. 403, p. 2302, � 2, effective January 1, 2027.

Editor's note: (1) This section is similar to former � 12-58-117 as it existed

prior to 2019.

(2)   Subsection (7)(b) provided for the repeal of subsection (7), effective July

1, 2021. (See L. 2020, p. 1174.)

C.R.S. § 12-165-108

12-165-108. Radon measurement and radon mitigation licenses - qualifications - fees - renewal - rules. (1) An individual applying for a license pursuant to this section must satisfy the requirements of the particular license for which the application is made. The director may issue one of the following types of licenses to an applicant who, upon application in the form and manner determined by the director, payment of the required fee, and satisfaction of the requirement specified in subsection (2) of this section, provides evidence satisfactory to the director that the applicant satisfies the qualifications for the particular license as follows:

(a)  Radon measurement professional license. An applicant for a radon

measurement professional license must present proof of certification in radon measurement from a proficiency program.

(b)  Radon mitigation professional license. An applicant for a radon

mitigation professional license must present proof of certification in radon mitigation from a proficiency program.

(2) (a)  In addition to satisfying the requirements of subsection (1) of this

section, each applicant for a license under this section must submit to the director an attestation as to whether the applicant, within the prior five years, has been convicted of or has entered a plea of guilty or nolo contendere to:

(I)  A felony;


(II)  An offense, the underlying factual basis of which has been found by the

court to involve unlawful sexual behavior, domestic violence, as defined in section 18-6-800.3 (1), or stalking, as defined in section 18-3-602; or

(III)  Violation of a protection order, as defined in section 18-6-803.5.


(b)  In considering an applicant's criminal history, the director is governed by

sections 12-20-202 (5) and 24-5-101.

(3)  Licenses issued pursuant to this article 165 are subject to the provisions

in section 12-20-102 (1) and (2) concerning renewal, expiration, reinstatement, and delinquency fees. An individual whose license expires and who continues to do business as a radon measurement professional or radon mitigation professional is subject to the penalties provided in this article 165 and section 12-20-202 (1).

Source: L. 2021: Entire article added, (HB 21-1195), ch. 398, p. 2641, � 1,

effective September 7.

C.R.S. § 12-170-105

12-170-105. Director powers and duties - prohibition - rules. (1) In addition to any other powers and duties granted or imposed on the director pursuant to this article 170 or by any other law, the director has the following powers and duties:

(a)  To promulgate rules pursuant to section 12-20-204 concerning the

following subjects:

(I)  Requirements for the safe provision of regulated natural medicine,

regulated natural medicine product, and natural medicine services to a participant, including:

(A)  Parameters for a preparation session, an administration session, and an

integration session, including requirements for providing and verifying the completion of each session; whether any of the sessions may be conducted using telephone or audio-visual communication technology; and any timeliness requirements for when each session must be completed in relation to the other sessions;

(B)  Health and safety warnings that must be provided to a participant before

the preparation session, administration session, and integration session begin;

(C)  Educational materials that must be provided to a participant before the

preparation session, administration session, and integration session begin;

(D)  A form that a participant, a facilitator, and an authorized representative

of the healing center must sign, unless the facilitator is a sole practitioner, then only the participant and facilitator must sign, before the preparation session, administration session, and integration session begin. At a minimum, the form must provide that the participant provided the participant's complete and accurate health information to the facilitator and that the facilitator provided to the participant identified risk factors based upon the participant's provided health information and drug contraindications; participant expectations of the natural medicine services; parameters for physical contact during natural medicine services, the requirement of informed consent permitting physical contact, and the right to withdraw consent for physical contact; and risks of participating in natural medicine services.

(E)  Proper supervision by the facilitator during the administration session

and requirements to ensure that the participant has a discharge plan or safe transportation from the healing center;

(F)  Provisions for group administration sessions, including requirements for

an administration session that has one or more facilitators performing and supervising the administration session for more than one participant;

(G)  Provisions to permit a facilitator to refuse to provide natural medicine

services to a person based upon health and safety risks or circumstances promulgated by rule; and

(H)  The dosage limit of regulated natural medicine or regulated natural

medicine product that may be provided to a participant for consumption during an administration session;

(II)  Requirements for the licensing of facilitators, practice of facilitation, and

professional conduct of facilitators, including:

(A)  The form and procedures for applying for a new license or renewing or

reinstating a license issued pursuant to this article 170;

(B)  The educational and experiential requirements and qualifications for an

individual to become a facilitator, including education and training on participant safety, drug interactions, contraindications, mental health and state, physical health and state, social and cultural considerations, preparation, administration, integration, and ethics. The educational requirements must not require a professional license or professional degree other than a facilitator license issued pursuant to this article 170; except that, if there are multiple tiers of facilitator licenses, an advanced tier of facilitator licenses may require another professional license or professional degree.

(C)  Oversight and supervision requirements, including professional

responsibility standards and continuing education requirements;

(D)  Establishment of professional standards of conduct to practice

facilitation or a license, registration, permit, or certification pursuant to this article 170;

(E)  Parameters for physical contact with a participant during natural

medicine services, including requirements for obtaining signed informed consent for permissible physical contact and permitting a participant to withdraw consent for permissible physical contact with a participant in any manner and at any time;

(F)  Permitting remuneration for the provision of natural medicine services;


(G)  Permitting provision of group administration sessions by one facilitator

who is performing and supervising the administration session for more than one participant and establishing a limit on the total number of participants who may participate in a group administration session that is performed and supervised by one facilitator;

(H)  Record-keeping, privacy, and confidentiality requirements for licensees,

registrants, permittees, and certificate holders, including protections preventing disclosure of a prospective participant's or participant's personally identifiable information to the public, third parties, or any government agency, except as allowed for purposes expressly stated pursuant to this article 170, rules promulgated pursuant to this article 170, article 50 of title 44, rules promulgated pursuant to article 50 of title 44, or for state or local law enforcement agencies to access records and information for other state or local law enforcement. The information or records related to a participant constitute medical data as described in section 24-72-204 (3)(a)(I), and the information or records may only be disclosed to those persons directly involved with an active investigation or proceeding.

(I)  Parameters for a facilitator's permissible and prohibited financial

interests in a healing center, license pursuant to this article 170, or license pursuant to article 50 of title 44; except that a facilitator may not have a financial interest in more than five natural medicine business licenses pursuant to article 50 of title 44;

(J)  Parameters for a facilitator to provide and supervise natural medicine

services at an authorized location that is not a healing center's licensed premises, including a health-care facility or a private residence;

(K)  Standards for advertising and marketing a licensee's services, including:

Avoiding the misappropriation and exploitation of the federally recognized American tribes and Indigenous people, communities, cultures, and religions; avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services; prohibiting advertising and marketing of natural medicine, natural medicine product, and natural medicine services directed to individuals who are under twenty-one years of age; and other parameters determined necessary by the director;

(L)  The approval of educational programs in the state intended to prepare

individuals for licensure under this article 170, including approving curricula, conducting surveys, and establishing standards for the educational programs; denial of, approval of, and withdrawal of approval from an educational program for failure to meet required standards established by this article 170 or rules adopted by the director; establishment of standards to determine whether institutions outside this state are deemed to have acceptable educational programs and whether graduates of institutions outside this state are deemed to be graduates of approved educational programs for the purpose of licensure under this article 170; and determination of when accreditation of an education program by another state may serve as a basis for approval of licensure;

(M)  The approval of facilitator education and training programs pursuant to

subsection (5)(a) of this section;

(III)  Any rules necessary to differentiate between the types of regulated

natural medicine or regulated natural medicine product provided for participant consumption during an administration session based on qualities, traditional uses, and safety profile;

(IV)  Any rules determined necessary by the director related to the powers or

duties granted or imposed on the director pursuant to this article 170 or by any other law; and

(V)  Any other matters determined necessary by the director to implement or

administer this article 170;

(b)  Beginning on or before December 31, 2024, to review applications in the

form and manner determined by the director for new licenses, registrations, permits, or certificates after payment of the required fee and to grant or deny licenses, registrations, permits, or certificates as provided in this article 170 or a rule promulgated pursuant to this article 170. The division shall prioritize reviewing applications from applicants who have established residency in Colorado.

(c)  To establish licenses, registrations, permits, or certificates determined

necessary by the director to implement or administer this article 170, and to establish eligibility requirements and privileges under the licenses, registrations, permits, or certificates;

(d)  To establish, when financially feasible, procedures, policies, and

programs to ensure this article 170 and rules promulgated pursuant to this article 170 are equitable and inclusive and promote the licensing, registration, and permitting of, and provision of natural medicine and natural medicine product to, persons from communities that have been disproportionately harmed by high rates of arrest for controlled substances, persons who face barriers to health-care access, persons who have traditional, tribal, or Indigenous history with natural medicine or natural medicine product, or persons who are veterans. The director may consult the board when considering procedures, policies, and programs pursuant to this subsection (1)(d).

(e)  To conduct investigations and hearings, gather evidence, and pursue

disciplinary actions pursuant to sections 12-20-403, 12-20-404, and 24-4-105 and this article 170, with respect to licenses, registrations, permits, or certificates when the director has reasonable cause to believe that a person is violating this article 170 or a rule promulgated pursuant to this article 170, in all matters relating to the exercise and performance of the powers and duties vested in the director;

(f)  To take disciplinary or other action as authorized in section 12-20-404 or

limit the scope of practice of an applicant, licensee, registrant, permittee, or certificate holder upon proof of a violation of this article 170 or a rule promulgated pursuant to this article 170;

(g)  To issue cease-and-desist orders under the circumstances and in

accordance with the procedures specified in section 12-20-405;

(h) (I)  Repealed.


(II)  To apply to any court of competent jurisdiction to temporarily restrain or

preliminarily or permanently enjoin the act in question of an individual who or entity that is not licensed, registered, permitted, or certified pursuant to this article 170 and to enforce compliance with this article 170 or a rule promulgated pursuant to this article 170 whenever it appears to the director upon sufficient evidence satisfactory to the director that an individual or entity has been or is committing an act prohibited by this article 170 or a rule promulgated pursuant to this article 170, and the act:

(A)  Threatens public health or safety; or


(B)  Constitutes an unlawful act for which the individual or entity does not

hold the required license, registration, permit, or certificate pursuant to this article 170 or a rule promulgated pursuant to this article 170;

(i)  To maintain and update an online list that is accessible to the public of

licensees, registrants, permittees, and certificate holders that includes whether the licensee, registrant, permittee, or certificate holder has had its license, registration, permit, or certificate limited, suspended, or revoked in accordance with a disciplinary action pursuant to this article 170;

(j)  In coordination with the state licensing authority pursuant to section 44-50-202 (1)(k), annually publish a publicly available report concerning the

implementation and administration of this article 170 and article 50 of title 44. The report must use relevant data, as determined by the director and the state licensing authority, and must not disclose the identity of any participant or include any information that could disclose the identity of a participant.

(k)  Perform other functions and duties necessary to administer this article

170.

(2)  The director shall consult the board when considering and promulgating

rules pursuant to this article 170.

(3)  The division has authority to collect available and relevant data

necessary to perform functions and duties necessary to administer this article 170.

(4)  The director or a division employee with regulatory oversight

responsibilities for licensees, permittees, registrants, or certificate holders pursuant to this article 170 shall not work for, represent, provide consulting services to, or otherwise derive pecuniary gain from a licensee, permittee, registrant, or certificate holder that is regulated pursuant to this article 170 or any other business established for the primary purpose of providing services to the natural medicine industry for a period of six months after the employee's last day of employment with the division.

(5) (a)  The director may approve a facilitator education and training program

and adopt rules pursuant to subsection (1)(a) of this section.

(b)  A person seeking approval of an education and training program to

prepare individuals for licensure as a facilitator shall apply to the director and submit evidence that the proposed education and training program complies with this article 170 and rules adopted by the director pursuant to subsection (1)(a) of this section.

(c)  To be approved pursuant to this subsection (5), an education and training

program must include all items required by subsection (1)(a)(II)(B) of this section, including a curriculum and materials that will provide a basic level of both knowledge and demonstrable skills for each individual completing the program and any additional content required pursuant to rules adopted by the director pursuant to subsection (1)(a) of this section.

(6)  The director or the director's designee may inspect and survey each

approved facilitator education and training program at the director's discretion.

(7) (a)  The division shall create a process to review the director's denial of an

education and training program. The process established pursuant to this subsection (7) must require the director or the director's designee, division counsel, and the chair of the natural medicine advisory board or the chair's designee to review applications prior to a denial being issued by the director.

(b)  If the applicant is denied approval after the review process created

pursuant to subsection (7)(a) of this section, the director shall document the grounds for denial and submit that documentation to the applicant.

(8)  The division shall regularly review the natural medicine program,

including the approval process for facilitator education and training programs. The division shall include the review in the annual reporting required in subsection (1)(j) of this section.

Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p.

3598, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1375, � 4, effective July 1. L. 2024: (1)(a)(II)(L), (1)(a)(II)(M), and (5) to (8) added, (1)(e) amended, and (1)(h)(I) repealed, (SB 24-198), ch. 452, p. 3139, � 3, effective June 6.

Editor's note: (1)  This section is similar to former � 12-170-104 (1), (2), (3), (5),

(6), (7), (8), (9), and (10) as they existed prior to 2023

(2)  This section was relocated to � 12-170-106 in 2023.

C.R.S. § 12-170-109

12-170-109. Grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that the licensee, permittee, registrant, or certificate holder:

(a)  Violated a provision of this article 170 or a rule promulgated pursuant to

this article 170;

(b)  Has been convicted of or has entered a plea of nolo contendere to a

felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(c)  Made any misstatement on an application for a license, registration, or

permit to practice pursuant to this article 170 or attempted to obtain a license, registration, permit, or certificate to practice by fraud, deception, or misrepresentation;

(d)  Committed an act or failed to perform an act necessary to meet the

generally accepted professional standards of conduct to practice a profession licensed pursuant to this article 170 or promulgated by rule pursuant to section 12-170-105 (1)(a)(II)(D), including performing services outside of the person's area of training, experience, or competence;

(e)  Excessively or habitually uses or abuses alcohol or controlled

substances;

(f)  Violated any of the provisions of this article 170, an applicable provision of

article 20 of this title 12, or any valid order of the director;

(g)  Is guilty of unprofessional or dishonest conduct;


(h)  Advertises by means of false or deceptive statement;


(i)  Fails to display the license as provided in section 12-170-108 (2);


(j)  Fails to comply with the rules promulgated by the director pursuant to this

article 170;

(k)  Is guilty of willful misrepresentation;


(l)  Fails to disclose to the director within forty-five days a conviction for a

felony or any crime that is related to the practice as a facilitator;

(m)  Aids or abets the unlicensed practice of facilitation; or


(n)  Fails to timely respond to a complaint sent by the director pursuant to

section 12-170-110.

Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p.

3602, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1384, � 8, effective July 1.

Editor's note: Several provisions of this section were relocated to �� 10-16-158, 12-170-104 (9), 17-2-102 (8.5), 17-2-201 (5.3), 18-1.3-204 (1) and (2), 18-18-434,

19-3-103 (4), 24-72-706 (1), 24-76.5-104, and 25-56-104.5 in 2023.

C.R.S. § 12-20-202

12-20-202. Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - exceptions for military personnel, spouses, gold star military spouses, and dependents - rules - consideration of criminal convictions or driver's history - executive director authority - definitions. (1) Renewal. (a) Licenses, certifications, and registrations issued pursuant to a part or article of this title 12 expire pursuant to a schedule established by the director and must be renewed or reinstated in accordance with this section. The director shall establish renewal fees and delinquency fees for reinstatement pursuant to section 12-20-105. If a person fails to renew the person's license, certification, or registration pursuant to the schedule established by the director, the license, certification, or registration expires. A person whose license, certification, or registration has expired is subject to the penalties set forth in this section and any other penalties authorized in the applicable part or article of this title 12 that regulates the person's profession or occupation.

(b)  Notwithstanding any provision of the law to the contrary, the director

may change the renewal date of any license, certification, or registration issued by a regulator so that approximately the same number of licenses, certifications, or registrations are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license, certification, or registration is proportionately increased or decreased, as the case may be. Except for a license, certification, or registration issued in accordance with subsection (3)(f) of this section, a license, certification, or registration is valid for a period of no less than one year and no longer than three years, as determined by the director in consultation with the applicable regulator. A licensee, certificate holder, or registrant shall submit an application for renewal to the applicable regulator on forms and in the manner prescribed by the director.

(c)  Notwithstanding any provision of the law to the contrary, upon the

approval and recommendation of a regulator, the executive director may change the period of the validity of any license, certification, or registration issued by the regulator for a period not to exceed three years. If the executive director changes the period of validity of a license, certification, or registration pursuant to this subsection (1)(c), the director shall proportionately increase or decrease the fee for the license, certification, or registration, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee, certificate holder, or registrant.

(d)  A regulator may prescribe renewal requirements, which must include

compliance with any continuing education or continuing competency requirements adopted pursuant to the regulator's authority.

(e)  The director shall allow for a grace period for licenses, certifications, or

registrations issued by a regulator. A licensee, certificate holder, or registrant has a sixty-day grace period after the expiration of his or her license, certification, or registration to renew the license, certification, or registration without the imposition of a disciplinary sanction by the regulator for the profession for practicing on an expired license, certification, or registration. The licensee, certificate holder, or registrant shall satisfy all renewal requirements pursuant to the applicable part or article of this title 12 and shall pay a delinquency fee in an amount determined pursuant to sections 12-20-105 and 24-79.5-102.

(2)  Reinstatement. (a)  If a licensee, registrant, or certificate holder does not

renew his or her license, registration, or certificate within the sixty-day grace period pursuant to subsection (1)(e) of this section, the license, registration, or certificate is treated as an expired license, registration, or certificate, and the licensee, registrant, or certificate holder is ineligible to practice until the license, registration, or certificate is reinstated.

(b)  The regulator shall reinstate the expired license, certificate, or

registration of any active military personnel, including any National Guard member or reservist who is currently on active duty for a minimum of thirty days, and any veteran who has not been dishonorably discharged, if the military personnel or veteran meets the requirements of this subsection (2).

(c)  The regulator, in its discretion and pursuant to its authority, may reinstate

an expired license, registration, or certificate of any person other than the active military personnel or veterans specified in subsection (2)(b) of this section pursuant to the following requirements:

(I) (A)  The licensee, registrant, or certificate holder submits an application

for reinstatement of the license, registration, or certificate to the regulator sixty days or more after the date of expiration, and the licensee, registrant, or certificate holder complies with all requirements of the applicable part or article of this title 12.

(B)  If the licensee, registrant, or certificate holder practiced with an expired

license, registration, or certificate, the regulator may impose disciplinary actions against the licensee, registrant, or certificate holder.

(II)  If the license, registration, or certificate has been expired for more than

two years, the person with the expired license, registration, or certificate shall pay all applicable renewal and reinstatement fees and shall satisfactorily demonstrate to the regulator that the person is competent to practice within his or her profession. The regulator, as it deems appropriate, shall accept one or more of the following as a demonstration of competency to practice:

(A)  A license, registration, or certificate from another state that is in good

standing for the applicant where the applicant demonstrates active practice;

(B)  Practice for a specified time under a restricted license, registration, or

certificate;

(C)  Successful completion of prescribed remedial courses ordered by the

regulator that are within the authority of the regulator to require;

(D)  Successful completion of any continuing education or continuing

competency requirements prescribed by the regulator that are within the authority of the regulator to require;

(E)  Passage of an examination for licensure, registration, or certification as

approved by the regulator that the regulator has the authority to require; or

(F)  Other professional standards or measures of continued competency as

determined by the regulator.

(III)  The regulator may waive the requirements for reinstatement of an

expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the regulator considers the protection of the public in the hardship petition.

(3)  Occupational credential portability program - definitions. (a)  There is

hereby created in the division the occupational credential portability program by which a regulator may approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer. Each regulator shall strive to reduce barriers for applicants under the occupational credential portability program, including through reciprocity agreements, compacts, or other means to expedite licensure, certification, registration, or enrollment and shall adopt rules to implement the program in the least burdensome way necessary to protect the public. Unless there are specific reasons to withhold a license, certification, registration, or enrollment, a regulator shall issue a license, certification, registration, or enrollment, as applicable, to an applicant who meets the requirements of this subsection (3) and rules adopted by the regulator pursuant to this subsection (3).

(b) (I)  Except as specified in subsections (3)(c) and (3)(f) of this section, a

person duly licensed, certified, registered, or enrolled in good standing in another state or United States territory or through the federal government to practice a particular profession or occupation, or who holds a military occupational specialty, as defined in section 24-4-201, is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of the applicable license, certification, registration, or enrollment if all of the following apply:

(A)  Submission of satisfactory proof to the regulator, under penalty of

perjury, of the applicant's substantially equivalent experience or credentials, as required by the part or article of this title 12 that regulates the applicable profession or occupation, or satisfactory proof that the applicant has held for at least one year a current and valid license, certification, registration, or enrollment under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation as specified in this title 12 and that the applicant has not committed an act that would be grounds for disciplinary action under the law governing the applicable profession or occupation;

(B)  Payment of applicable fees established pursuant to section 12-20-105;

and

(C)  Compliance with any other applicable requirement, including passing an

exam, of the part or article of this title 12 that regulates the applicable profession or occupation.

(II)  For the purposes of this subsection (3)(b), in good standing means that

a license, certification, registration, or enrollment has not been revoked or suspended and against which there are no outstanding disciplinary or adverse actions.

(c)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3) if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant:

(I)  Lacks the requisite substantially equivalent education, experience, or

credentials to practice the applicable profession or occupation; or

(II)  Has committed an act that would be grounds for disciplinary action under

the law governing the applicable profession or occupation.

(d)  A regulator may specify by rule what constitutes substantially equivalent

experience or credentials and, unless otherwise prohibited by this title 12, shall allow an applicant for certification, registration, or licensure by endorsement to demonstrate competency in a specific profession or occupation as determined by the regulator in lieu of a requirement that the applicant has worked or practiced in that profession or occupation for a period of time prior to the application for endorsement.

(d.5)  Nothing in this subsection (3) prohibits a person from applying for an

occupational license, registration, or certification pursuant to another statute or rule.

(e)  Subsections (3)(a) to (3)(d) of this section do not apply to the following

professions or occupations:

(I)  Combative sports, regulated pursuant to article 110 of this title 12;


(II)  Electricians, regulated pursuant to article 115 of this title 12;


(II.5)  Engineers, surveyors, and architects, regulated pursuant to article 120

of this title 12;

(III)  Repealed.


(IV)  Mortuaries and crematories, regulated pursuant to article 135 of this

title 12;

(V)  Nontransplant tissue banks, regulated pursuant to article 140 of this title

12;

(VI)  Outfitters and guides, regulated pursuant to article 145 of this title 12;


(VII)  Passenger tramways, regulated pursuant to article 150 of this title 12;


(VIII)  Plumbers, regulated pursuant to article 155 of this title 12;


(IX)  Repealed.


(IX.5)  Dental therapists, regulated pursuant to article 220 of this title 12;


(X)  Direct-entry midwives, regulated pursuant to article 225 of this title 12;

or

(XI)  Surgical assistants and surgical technologists, regulated pursuant to

article 310 of this title 12.

(f) (I)  Except as specified in subsection (3)(f)(III) of this section, a military

spouse, gold star military spouse, military dependent, or spouse or dependent of any other qualified servicemember duly licensed, certified, registered, or enrolled in good standing in another state or United States territory to practice a particular profession or occupation is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of a license, certification, registration, or enrollment upon submission of satisfactory proof to the regulator, under penalty of perjury, of the applicant's active license, certification, registration, or enrollment in another state or United States territory in good standing.

(II)  As used in this subsection (3)(f):


(A)  Gold star military spouse or gold star spouse means the spouse of a

servicemember, which servicemember died while on military orders, who was relocated to Colorado.

(B)  In good standing means that a license, certification, registration, or

enrollment has not been revoked, expired, or suspended and against which there are no outstanding disciplinary or adverse actions.

(C)  Military dependent means the dependent of a servicemember serving in

the United States uniformed services who was relocated to Colorado.

(D)  Military spouse or spouse means the spouse of a servicemember

serving in the United States uniformed services who was relocated to Colorado.

(E)  Relocated means that a servicemember in the United States uniformed

services and the servicemember's spouse or dependent have, or the servicemember's gold star spouse has, moved to Colorado, as a result of: An assignment to a duty station in Colorado; a reassignment, either as a result of a permanent change of station or permanent change of assignment to Colorado, between two duty stations; or a transfer from a regular component of a uniformed service into a selected reserve of the Ready Reserve of a uniformed service, if the member is authorized to make a final move from the member's last duty station to Colorado.

(F)  Servicemember means a member of the uniformed services, as defined

in 10 U.S.C. sec. 101 (a)(5).

(III)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3)(f) if approving the licensure, certification, registration, or enrollment would violate an existing compact or reciprocity agreement or if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant's license, certification, registration, or enrollment issued by another state or United States territory is not in good standing.

(IV)  Notwithstanding any provision of law to the contrary:


(A)  A license, certification, registration, or enrollment issued to a military

spouse, a gold star military spouse, a military dependent, or the spouse or dependent of any other qualified servicemember pursuant to this subsection (3)(f) is valid for six years after the date of issuance and may be renewed.

(B)  Each regulator shall waive the application fee for single state licenses,

certifications, registrations, or enrollments issued pursuant to this subsection (3)(f).

(4)  Military personnel. A regulator shall, upon presentation of satisfactory

evidence by an applicant for licensure, certification, or registration, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license, certification, or registration. Each regulator shall promulgate rules to implement this subsection (4).

(5)  Criminal convictions. (a)  Unless there is a specific statutory

disqualification that prohibits an applicant from obtaining licensure, certification, or registration based on a criminal conviction, if a regulator determines that an applicant for licensure, certification, or registration has a criminal record, the regulator is governed by sections 12-20-206 and 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration.

(b)  A regulator may require an applicant for a license, certification, or

registration issued pursuant to the following sections to submit to a fingerprint-based criminal history record check:

(I)  A funeral director licensed pursuant to parts 5 and 6 of article 135 of this

title 12;

(II)  A mortuary science practitioner licensed pursuant to parts 5 and 7 of

article 135 of this title 12;

(III)  An embalmer licensed pursuant to parts 5 and 8 of article 135 of this

title 12;

(IV)  A cremationist licensed pursuant to parts 5 and 9 of article 135 of this

title 12;

(V)  A natural reductionist licensed pursuant to parts 5 and 9 of article 135 of

this title 12;

(VI)  An audiologist licensed pursuant to article 210 of this title 12;


(VII)  A dental hygienist licensed pursuant to sections 12-220-405 to 12-220-407;


(VIII)  A dentist licensed pursuant to sections 12-220-401 to 12-220-404;


(IX)  A physician assistant licensed pursuant to section 12-240-113;


(X)  A social worker licensed pursuant to part 4 of article 245 of this title 12;


(XI)  A licensed professional counselor licensed pursuant to part 6 of article

245 of this title 12;

(XII)  A certified midwife licensed pursuant to section 12-255-111.5;


(XIII)  An occupational therapist licensed pursuant to sections 12-270-106 (1)

and 12-270-107;

(XIV)  An occupational therapy assistant licensed pursuant to sections 12-270-106 (2) and 12-270-108; or


(XV)  A speech-language pathologist certified pursuant to article 305 of this

title 12.

(c)  An applicant submitting to a fingerprint-based criminal history record

check pursuant to subsection (5)(b) of this section must pay the costs associated with the fingerprint-based criminal history record check.

(d)  After submitting an application for a license, certification, or registration,

if the applicant submits to a fingerprint-based criminal history record check, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(e)  If an approved third party takes the applicant's fingerprints, the

fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days after the information is collected.

(f)  The Colorado bureau of investigation shall use the applicant's fingerprints

to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the department, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(g)  The Colorado bureau of investigation shall return the results of its

criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license, certification, or registration pursuant to this section and the following section for the following applicant or licensee:

(I)  Section 12-135-503 for a cremationist, an embalmer, a funeral director, a

mortuary science practitioner, or a natural reductionist;

(II)  Section 12-210-108 for an audiologist;


(III)  Section 12-220-201 for a dentist or a dental hygienist;


(IV)  Section 12-240-121 for a physician assistant;


(V)  Section 12-245-224 for a licensed professional counselor or a social

worker;

(VI)  Section 12-255-120 for a certified midwife;


(VII)  Section 12-270-114 for an occupational therapist or an occupational

therapy assistant; or

(VIII)  Section 12-305-112 for a speech-language pathologist.


(h)  When the results of a criminal history record check of an applicant

performed pursuant to this section reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

(5.5)  Driver's history. A regulator shall not consider an event in an

applicant's driver's history when determining whether to issue to the applicant a new, renewal, reactivated, or reinstated license, certification, or registration unless:

(a)  The event is relevant to the performance of the profession or occupation

that is the subject of the application; and

(b) (I)  The operation of a motor vehicle is a duty of the profession or

occupation that is the subject of the application;

(II)  The event is a part of a pattern of behavior that is relevant to the

performance of the profession or occupation that is the subject of the application; or

(III)  The event occurred within three years before the date that the applicant

submitted the application to the regulator.

(6)  Executive director authority. (a)  Form of license, certification, or

registration. The executive director, after consultation with the regulator concerned, shall determine the form and content of any license, certification, or registration issued by the regulator, including any document evidencing renewal of a license, certification, or registration.

(b)  Review of examinations and procedures. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may review any examination or procedure for granting a license, certification, or registration by any regulator prior to the execution of the examination or procedure. After the review, if the executive director has reason to believe the examination or procedure is unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed, certified, or registered in the occupation or profession to review the examination or procedure jointly with the executive director. The executive director and the licensees, certificate holders, or registrants, acting jointly, may make findings of fact and recommendations to the regulator concerning any examination or procedure. The findings of fact and recommendations are public documents.

(c)  Employment of administrative law judges. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may employ an administrative law judge, and may require any regulator to use an administrative law judge in lieu of a hearing by the regulator, to conduct hearings on any matter within the jurisdiction of the regulator, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of title 24. An administrative law judge employed pursuant to this subsection (6)(c) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

735, � 1, effective October 1. L. 2020: (3) amended, (HB 20-1326), ch. 126, p. 528, � 4, effective June 25. L. 2021: (3)(e)(III) repealed, (SB 21-266), ch. 423, p. 2796, � 9, effective July 2; (5.5) added, (SB 21-040), ch. 59, p. 239, � 2, effective September 7. L. 2022: IP(3)(b)(I), (3)(b)(I)(A), IP(3)(c), and (3)(c)(I) amended and (3)(d.5) and (3)(e)(II.5) added, (SB 22-116), ch. 146, p. 949, � 2, effective August 10; (3)(e)(IX) repealed, (SB 22-212), ch. 421, p. 2967, � 20, effective August 10; (3)(e)(IX.5) added, (SB 22-219), ch. 381, p. 2723, � 27, effective January 1, 2023. L. 2023: (6)(b) and (6)(c) amended, (HB 23-1301), ch. 303, p. 1817, � 11, effective August 7. L. 2024: (5) amended, (HB 24-1004), ch. 371, p. 2497, � 2, effective August 7; (1)(b) and (3)(f) amended, (HB 24-1097), ch. 70, p. 231, � 3, effective September 1. L. 2025: (5) amended, (SB 25-146), ch. 342, p. 1849, � 1, effective June 2.

Editor's note: Subsection (1)(a) is similar to former � 12-5.5-202 (2);

subsection (1)(b) is similar to former � 24-34-102 (8)(a); subsection (1)(c) is similar to former � 24-34-102 (7); subsection (1)(d) is similar to former � 24-34-102 (8)(b); subsection (1)(e) is similar to former � 24-34-102 (8)(c); subsection (2) is similar to former � 24-34-102 (8)(d); subsection (3) is similar to former � 24-34-102 (8)(e); subsection (4) is similar to former � 24-34-102 (8.5); subsection (5) is similar to former � 24-34-102 (8.7); subsection (6)(a) is similar to former � 24-34-102 (10); subsection (6)(b) is similar to former � 24-34-102 (11); and subsection (6)(c) is similar to former � 24-34-102 (12), as those sections existed prior to 2019.

Cross references: (1)  For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. For the short title (Red Tape Reduction Act of 2022) in SB 22-116, see section 1 of chapter 146, Session Laws of Colorado 2022. For the short title (Military Family Employment Support Act) and the legislative declaration in HB 24-1097, see sections 1 and 2 of chapter 70, Session Laws of Colorado 2024.

(2)  For the legislative declaration in SB 22-219, see section 1 of chapter 381,

Session Laws of Colorado 2022.

C.R.S. § 12-20-206

12-20-206. Regulators - consideration of criminal records - petition process - denials - definition. (1) As used in this section, directly related to means that the criminal offense for which the applicant has been convicted is still relevant at the time of the individual's application for a registration, certification, or license, which would create an unreasonable risk to public safety because the offense directly relates to the duties and responsibilities of the profession or occupation in which the individual has applied or petitioned for determination of qualification, as determined by a regulator after consideration of all evidence available to the regulator.

(2)  If an applicant has a conviction for a crime, a regulator may only consider

the applicant's conviction for a three-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant has not been convicted of any other criminal offense during the three-year period. After the three-year period, the regulator shall only consider the individual's application for registration, certification, or licensure in the same manner as an applicant who does not possess a prior criminal record; except that the regulator may consider a conviction for a crime that is directly related to the profession or occupation for which the individual has applied for registration, certification, or licensure.

(3) (a)  If a regulator is considering an applicant's criminal record during the

application process for registration, certification, or licensure, a regulator may only deny or refuse to renew the registration, certification, or license if the regulator determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety.

(b)  An applicant's conviction for a crime does not, in and of itself, disqualify

the applicant from being issued a registration, certification, or license.

(4) (a)  An individual whose conviction may affect the individual's application

for registration, certification, or licensure may petition at any time, including while incarcerated or before obtaining any required personal qualifications, for a decision from a regulator as to whether a regulator may consider the individual's criminal record when reviewing the individual's application for a registration, certification, or license.

(b)  An individual who petitions a regulator shall include in the petition:


(I)  The individual's criminal record or authorization for the regulator to obtain

the individual's criminal record; and

(II)  Any additional information about the individual's current circumstances,

including the time since the criminal offense was committed and the sentence was completed, the age of the applicant at the time the offense was committed, the payment of any court-ordered restitution, evidence of rehabilitation, testimonials, employment history, and employment aspirations.

(c)  If a regulator determines that a petitioner's conviction will likely be

considered, the regulator shall advise the petitioner of any actions the petitioner may take to remedy the disqualification. If remedial action is advised by the regulator, the petitioner may submit a revised petition on or before a date set by the regulator for completion of the remedial actions.

(d)  A regulator that makes an initial determination pursuant to this

subsection (4) may require a new determination at the time an individual formally applies for registration, certification, or licensure.

(5) (a)  In order to deny an application for registration, certification, or

licensure pursuant to this section, a regulator bears the burden of proof to show by clear and convincing evidence that the denial directly connects information in an applicant's criminal record to potential performance in and the potential creation of an unreasonable risk to public safety through the particular profession or occupation for which the applicant is applying for registration, certification, or licensure.

(b)  If an individual has filed a petition for a determination pursuant to

subsection (4) of this section, has received a notice of an agency adjudicatory hearing and filed an answer to the notice pursuant to section 24-4-105, and fails to appear at the scheduled time and place of the hearing, the administrative law judge shall enter a default judgment in favor of the regulator.

(6)  This section does not:


(a)  Negate any provision for registration, certification, or licensure in this

title 12 that requires an applicant to submit information regarding the applicant's criminal history to a regulator with an application;

(b)  Negate any other reason specified in this title 12 for which a regulator

may deny an applicant registration, certification, or licensure for a profession or an occupation;

(c)  Negate any requirement under federal law that requires an individual to

obtain or maintain a registration, certification, or license;

(d)  Negate the list of determining factors that shall not be considered

regarding an applicant's criminal record in section 24-5-101 (2)(b); or

(e)  Create liability for an employer that fails to hire an individual who has a

registration, certification, or license pursuant to this title 12.

Source: L. 2024: Entire section added, (HB 24-1004), ch. 371, p. 2495, � 1,

effective August 7.

PART 3

MILITARY PERSONNEL

C.R.S. § 12-20-405

12-20-405. Cease-and-desist orders. (1) (a) If it appears to a regulator, based upon credible evidence as presented in a written complaint by any person, that a licensee, certificate holder, or registrant is acting in a manner that is an imminent threat to the health and safety of the public, or a person is acting or has acted without the license, certification, or registration required to practice a profession or occupation, the regulator that regulates the particular profession or occupation may issue an order to cease and desist the activity. The order must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful acts or unlicensed, uncertified, or unregistered practices immediately cease.

(b)  Within ten days after service of the order to cease and desist pursuant to

subsection (1)(a) of this section, the respondent may request a hearing on the question of whether acts or practices in violation of the part or article of this title 12 governing the particular profession or occupation have occurred. The hearing must be conducted pursuant to sections 24-4-104 and 24-4-105.

(2) (a)  If it appears to the regulator, based upon credible evidence as

presented in a written complaint by any person, that a person has violated any other portion of the part or article of this title 12 governing the particular profession or occupation, then, in addition to any specific powers granted pursuant to the part or article of this title 12 governing the particular profession or occupation, the regulator may issue to the person an order to show cause as to why the regulator should not issue a final order directing the person to cease and desist from the unlawful act or unlicensed, uncertified, or unregistered practice.

(b)  The regulator shall promptly notify the person of the issuance of the

order to show cause and shall include in the notice a copy of the order, the factual and legal basis for the order, and the date set by the regulator for a hearing on the order. The regulator may serve the notice by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom the order is issued. Personal service or proof of receipt of mailing of an order or document pursuant to this subsection (2)(b) constitutes notice to the person of the existence and contents of the order or document.

(c) (I)  The regulator shall commence the hearing on an order to show cause

no sooner than ten, and no later than forty-five, calendar days after the date the regulator sent or served notice as provided in subsection (2)(b) of this section. The regulator may continue the hearing by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event may the regulator commence the hearing later than sixty calendar days after the date of transmission or service of the notification. Sections 24-4-104 and 24-4-105 govern the conduct of the hearing held under this subsection (2)(c).

(II)  If a person against whom the regulator has issued an order to show cause

pursuant to subsection (2)(a) of this section does not appear at the hearing, the regulator may present evidence that the regulator properly sent or served the notification upon the person pursuant to subsection (2)(b) of this section and any other evidence related to the matter as the regulator deems appropriate. The regulator shall issue the order within ten days after the regulator's determination related to reasonable attempts to notify the respondent, and the order becomes final as to that person by operation of law.

(III)  If the regulator reasonably finds that the person against whom the

regulator issued the order to show cause is acting or has acted without the required license, certification, or registration or has or is about to engage in acts or practices constituting violations of the part or article of this title 12 governing the particular profession or occupation, the regulator may issue a final cease-and-desist order directing the person to cease and desist from further unlawful acts or unlicensed, uncertified, or unregistered practices.

(IV)  The regulator shall provide notice, in the manner set forth in subsection

(2)(b) of this section, of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to this subsection (2)(c) to each person against whom the regulator has issued the final order. The final order issued pursuant to subsection (2)(c)(III) of this section is effective when issued and constitutes a final order for purposes of judicial review.

(3)  The regulator may enter into a stipulation with a person if it appears to

the regulator, based upon credible evidence presented to the regulator, that the person has engaged in or is about to engage in:

(a)  An unlicensed, uncertified, or unregistered act or practice;


(b)  An act or practice constituting a violation of the part or article of this title

12 governing the particular profession or occupation or a rule adopted or an order issued pursuant to those laws; or

(c)  An act or practice constituting grounds for administrative sanction

pursuant to the part or article of this title 12 governing the particular profession or occupation.

(4)  If any person fails to comply with a final cease-and-desist order or a

stipulation, the regulator may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested the attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order.

(5)  A person aggrieved by the regulator's final determination with regard to

a cease-and-desist order may seek judicial review in accordance with section 12-20-408.

(6)  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.

749, � 1, effective October 1. L. 2020: (6) amended, (HB 20-1286), ch. 269, p. 1313, � 9, effective July 10.

Editor's note: This section is similar to former � 12-5.5-303 as it existed prior

to 2019.

C.R.S. § 12-210-105

12-210-105. License required - application - fee - liability insurance - disclosure - exemption. (1) (a) An audiologist must obtain a license from the division before engaging in the practice of audiology in this state.

(b)  The director shall give each licensee a license bearing a unique license

number. The licensee shall include the license number on all written contracts and receipts.

(2)  To qualify for licensure as an audiologist under this article 210, a person

must have:

(a)  Earned a doctoral degree in audiology from a program that is or, at the

time the applicant was enrolled and graduated, was offered by an institution of higher education or postsecondary education accredited by a national, regional, or state agency recognized by the United States department of education, or another program approved by the director; or

(b) (I)  Earned a master's degree from a program with a concentration in

audiology that was conferred before July 1, 2007, from a program of higher learning that is or, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or postsecondary education accredited by a national, regional, or state agency recognized by the United States department of education, or another program approved by the director; and

(II)  Obtained a certificate of competency in audiology from a nationally

recognized certification agency.

(3)  An audiologist desiring to be licensed pursuant to this article 210 must

submit to the director an application containing the information described in subsection (4) of this section and must pay to the director all required fees in the amounts determined and collected by the director pursuant to section 12-20-105. The director may deny an application for a license if the required information and fees are not submitted. If an applicant or licensee fails to notify the director of a change in the submitted information within thirty days after the change, the failure is grounds for disciplinary action pursuant to section 12-210-108.

(4)  An applicant must include the following information in an application for

a license as an audiologist under this article 210:

(a)  The audiologist's name, business address, and business telephone

number;

(b)  A listing of the audiologist's education, experience, and degrees or

credentials, including all degrees or credentials awarded to the audiologist that are related to the practice of audiology;

(c)  A statement indicating whether a local, state, or federal government

agency has:

(I)  Issued a license, certificate, or registration in audiology to the applicant;


(II)  Suspended or revoked a license, certificate, or registration issued to the

applicant;

(III)  Charges or complaints pending against the applicant; or


(IV)  Taken disciplinary action against the applicant;


(d)  The length of time and the locations where the applicant has engaged in

the practice of audiology; and

(e)  If the audiologist intends to provide services to patients, proof of

professional liability insurance in the form and amount determined appropriate by the director pursuant to section 12-210-111.

(5)  An applicant or licensee shall report and update information as required

by section 12-30-102. When reporting and updating information regarding malpractice judgments and settlements, as required by section 12-30-102 (4)(h) and (8)(a), the applicant or licensee shall include the case number, the name of the court, and names of all parties to the action.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1049, � 1, effective October 1.

Editor's note: This section is similar to former � 12-29.9-104 as it existed prior

to 2019.

C.R.S. § 12-210-108

12-210-108. Disciplinary actions - grounds for discipline. (1) Upon proof that an applicant or licensee has engaged in an activity that is grounds for discipline under subsection (2) of this section, the director may take disciplinary or other action as authorized by section 12-20-404, including:

(a)  Imposing an administrative fine not to exceed two thousand five hundred

dollars for each separate offense;

(b)  Issuing a letter of admonition under the circumstances specified in and in

accordance with section 12-20-404 (4);

(c)  Placing a licensee on probation pursuant to section 12-20-404 (1)(b),

which entails close supervision on the terms and for the period of time that the director deems appropriate; or

(d)  Denying, refusing to renew, revoking, or suspending the license of an

applicant or licensee pursuant to section 12-20-404 (1)(d).

(2)  The following acts constitute grounds for discipline:


(a)  Making a false or misleading statement or omission in an application for

licensure;

(b)  Failing to notify the director of a change in the information filed pursuant

to section 12-210-105;

(c)  Violating any provision of this article 210, including failure to comply with

the license requirements of section 12-210-105 or failure to report information as required under section 12-30-102 or 12-210-105 (5), or violating an applicable provision of article 20 or 30 of this title 12;

(d)  Violating any rule promulgated by the director under this article 210;


(e)  Aiding or abetting a violation, or conspiring to violate, any provision of this

article 210, an applicable provision of article 20 or 30 of this title 12, any rule promulgated, or any order issued under this article 210 by the director;

(f)  Failing to maintain professional liability insurance as required by section

12-210-111;

(g)  Using false or misleading advertising;


(h)  Violating the Colorado Consumer Protection Act, article 1 of title 6;


(i)  Causing physical harm to a customer;


(j)  Failing to practice audiology according to commonly accepted

professional standards;

(k)  Providing services beyond the licensee's scope of educational

preparation, experience, skills, or competence;

(l)  Failing to adequately supervise a trainee for any of the healing arts;


(m)  Employing a sales agent or employee who violates any provision of this

article 210;

(n)  Committing abuse of health insurance as described in section 18-13-119;


(o)  Failing to comply with a final agency order or with a stipulation or

agreement made with or order issued by the director;

(p)  Falsifying information in any application or attempting to obtain or

obtaining a license by fraud, deception, or misrepresentation;

(q)  Excessively or habitually using or abusing alcohol or habit-forming drugs

or habitually using a controlled substance, as defined in section 18-18-102 (5), or other drugs or substances having similar effects; except that the director has the discretion not to discipline the licensee if the licensee is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;

(r) (I)  Failing to notify the director, as required by section 12-30-108 (1), of a

physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to perform audiology with reasonable skill and safety to patients;

(II)  Failing to act within the limitations created by a physical illness, physical

condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to perform audiology with reasonable skill and safety to the patient; or

(III)  Failing to comply with the limitations agreed to under a confidential

agreement entered pursuant to sections 12-30-108 and 12-210-112;

(s)  Refusing to submit to a physical or mental examination when so ordered

by the director pursuant to section 12-210-113;

(t)  Failing to respond in an honest, materially responsive, and timely manner

to a complaint lodged against the licensee;

(u)  In any court of competent jurisdiction, being convicted of, pleading guilty

or nolo contendere to, or receiving a deferred sentence for a felony or a crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing; and

(v)  Failing to notify the director, in writing and within thirty days after a

judgment or settlement is entered, of a final judgment by a court of competent jurisdiction against the licensee involving malpractice of audiology or a settlement by the licensee in response to charges or allegations of malpractice of audiology and, in the case of a judgment, failing to include in the notice the name of the court, the case number, and the names of all parties to the action.

(3)  The director may send the licensee a confidential letter of concern under

the circumstances specified in section 12-20-404 (5).

(4)  Any disciplinary action taken by another state, local jurisdiction, or the

federal government against an applicant or licensee constitutes prima facie evidence of grounds for disciplinary action, including denial of a license under this article 210; except that this subsection (4) applies only to discipline for acts or omissions that are substantially similar to those set out as grounds for disciplinary action under this article 210.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1051, � 1, effective October 1. L. 2020: (2)(q) amended, (SB 20-007), ch. 286, p. 1411, � 32, effective July 13; (2)(q), (2)(t), and (2)(u) amended and (2)(v) added, (HB 20-1219), ch. 300, p. 1492, � 4, effective September 1.

Editor's note: (1)  This section is similar to former � 12-29.9-108 as it existed

prior to 2019.

(2)  Subsection (2)(q) was amended in SB 20-007. Those amendments were

superseded by the amendment of subsection (2)(q) in HB 20-1219, effective September 1, 2020. For the amendments to subsection (2)(q) in SB 20-007 in effect from July 13, 2020, to September 1, 2020, see chapter 286, Session Laws of Colorado 2020. (L. 2020, p. 1411.)

C.R.S. § 12-215-113

12-215-113. Continuing education. It is hereby expressly declared to be the purpose of this section to provide for an increase in the annual scientific educational requirements of licensed Colorado chiropractors. Every two years, each licensed Colorado chiropractor in active practice within the state of Colorado shall complete thirty hours of scientific clinics, forums, or chiropractic educational study consisting of subjects basic to the field of the healing arts as set forth in section 12-215-106. Each year at the time of its regular June meeting, the board shall prepare an educational schedule of minimum postgraduate requirements of subjects as set forth in section 12-215-106 that shall be met by any school, clinic, forum, or convention giving the educational work, and the minimum standards shall be complied with by the school, clinic, forum, or convention before the board issues a postgraduate attendance certificate. Credit hours shall be determined by the board. Applicants shall apply to the board prior to or after the course and present proof of attendance and synopsis of the course content for approval of credit hours. This provision is mandatory in the best interest of public health and welfare and to provide progress in the field of chiropractic. If any licensed chiropractor is unable to comply with this section on account of dire emergency and for good cause shown, the board may waive the requirements of this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1065, � 1, effective October 1. L. 2020: Entire section amended, (HB 20-1210), ch. 158, p. 707, � 4, effective July 1.

Editor's note: This section is similar to former � 12-33-116 as it existed prior

to 2019.

C.R.S. § 12-220-307

12-220-307. Professional liability insurance required - rules. (1) A licensed dentist, a licensed dental therapist, and a licensed dental hygienist must meet the financial responsibility requirements established by the board pursuant to section 13-64-301 (1)(a).

(2)  Upon request of the board, a licensed dentist, licensed dental therapist,

or licensed dental hygienist shall provide proof of professional liability insurance to the board.

(3)  The board may, by rule, exempt from or establish lesser financial

responsibility standards for licensed dentists, licensed dental therapists, and licensed dental hygienists who meet the criteria in section 13-64-301 (1)(a)(II).

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.

64, p. 241, � 1, effective September 14. L. 2022: Entire section amended, (SB 22-219), ch. 381, p. 2719, � 20, effective January 1, 2023.

Editor's note: This section is similar to former � 12-220-147 as it existed prior

to 2020.

Cross references: For the legislative declaration in SB 22-219, see section 1

of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 12-220-401

12-220-401. Application for dentist license - fee. (1) Every person not currently holding a license to practice dentistry in this state who desires to practice dentistry in this state must file with the board an application for a license on a form provided by the board, verified by the oath of the applicant, and accompanied by a fee established pursuant to section 12-20-105, indicating that the applicant:

(a)  Has attained the age of twenty-one years;


(b)  Is a graduate of a dental school or college that, at the time of the

applicant's graduation, was accredited. An official transcript prepared by the dental college or school attended shall be submitted to the board.

(c)  Has listed any act the commission of which would be grounds for

disciplinary action under section 12-220-201 against a licensed dentist, along with an explanation of the circumstances of the act;

(d)  Has proof that the applicant has not been subject to final or pending

disciplinary action by any state in which the applicant is or has been previously licensed; except that, if the applicant has been subject to disciplinary action, the board may review the disciplinary action to determine whether it warrants grounds for refusal to issue a license; and

(e)  Has proof that the applicant has met any more stringent criteria

established by the board.

(2)  An applicant for licensure must demonstrate to the board that the

applicant has maintained the professional ability and knowledge required by this article 220 when the applicant has not graduated from an accredited dental school or college within the twelve months immediately preceding the application and has not, for at least one year of the five years immediately preceding the application, engaged in:

(a)  The active clinical practice of dentistry;


(b)  Teaching dentistry in an accredited program; or


(c)  Service as a dentist in the military.


(3)  The board may require other pertinent information on the application that

the board deems necessary to process the application, including demonstration of compliance with the financial responsibility requirements set forth in section 13-64-301 (1)(a).

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.

64, p. 245, � 1, effective September 14.

Editor's note: This section is similar to former � 12-220-115 as it existed prior

to 2020.

C.R.S. § 12-220-402

12-220-402. Dentist academic license. (1) (a) A dentist who is employed at an accredited school or college of dentistry in this state and who practices dentistry in the course of the dentist's employment responsibilities must either file an application to the board for an academic license in accordance with this section, in a format approved by the board, or otherwise become licensed pursuant to sections 12-220-401 and 12-220-403, as applicable.

(b)  Nothing in this section requires a dentist who appears in a program of

dental education or research, as described in section 12-220-302 (1)(f), to obtain an academic license pursuant to this section.

(2)  A person who applies for an academic license must submit proof to the

board that the person:

(a)  Graduated from a school of dentistry located in the United States or

another country; and

(b)  Is employed by an accredited school or college of dentistry in this state.


(3)  An applicant for an academic license must satisfy the credentialing

standards of the accredited school or college of dentistry that employs the applicant.

(4)  An academic license authorizes the licensee to practice dentistry only

while engaged in the performance of the licensee's official duties as an employee of the accredited school or college of dentistry and only in connection with programs affiliated or endorsed by the school or college. An academic licensee may not use an academic license to practice dentistry outside of the licensee's academic responsibilities.

(5)  In addition to the requirements of this section, an applicant for an

academic license must complete all procedures for academic licensing established by the board to become licensed, including payment of any fee imposed pursuant to section 12-220-401 (1).

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.

64, p. 246, � 1, effective September 14. L. 2025: (1)(a) amended, (SB 25-194), ch. 171, p. 701, � 13, effective August 6.

Editor's note: This section is similar to former � 12-220-116 as it existed prior

to 2020.

C.R.S. § 12-220-403

12-220-403. Examination - how conducted - dentist license issued to successful applicants. (1) An applicant for dental licensure must submit to the board proof that the applicant successfully passed the following:

(a)  The examination administered by the Joint Commission on National

Dental Examinations; and

(b)  An examination or other methodology, as determined by the board,

designed to test the applicant's clinical skills and knowledge, which may include residency and portfolio models.

(2)  All examination results required by the board must be filed with the

board and kept for reference for a period of not less than one year. If the applicant successfully completes the examinations and is otherwise qualified, the board shall grant a license to the applicant and shall issue a license certificate to the applicant.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.

64, p. 246, � 1, effective September 14.

Editor's note: This section is similar to former � 12-220-117 as it existed prior

to 2020.

C.R.S. § 12-220-405

12-220-405. Application for dental hygienist license - fee. (1) Every person who desires to qualify for practice as a dental hygienist within this state must file with the board:

(a)  An application for a license, in a format approved by the board, on which

application the applicant shall list:

(I)  Any act the commission of which would be grounds for disciplinary action

under section 12-220-201 against a licensed dental hygienist; and

(II)  An explanation of the circumstances of the act; and


(b)  Satisfactory proof of graduation from a school of dental hygiene that, at

the time of the applicant's graduation, was accredited, and proof that the program offered by the accredited school of dental hygiene was at least two academic years or the equivalent of two academic years.

(2)  The applicant must apply for a dental hygienist license on the form

prescribed and furnished by the board, must verify the application by oath, and must submit the fee established pursuant to section 12-20-105 with the application.

(3)  An applicant for licensure who has not graduated from an accredited

school or program of dental hygiene within the twelve months immediately preceding application, or who has not engaged either in the active clinical practice of dental hygiene or in teaching dental hygiene in an accredited program for at least one year during the five years immediately preceding the application, must demonstrate to the board that the applicant has maintained the professional ability and knowledge required by this article 220.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.

64, p. 247, � 1, effective September 14. L. 2025: IP(1)(a) amended, (SB 25-194), ch. 171, p. 701, � 14, effective August 6.

Editor's note: This section is similar to former � 12-220-124 as it existed prior

to 2020.

C.R.S. § 12-220-406

12-220-406. Dental hygienist examinations - license. (1) Every applicant for dental hygiene licensure must submit to the board proof that the applicant successfully completed the following:

(a)  An examination administered by the Joint Commission on National Dental

Examinations; and

(b)  An examination designed to test the applicant's clinical skills and

knowledge, which must be administered by a regional testing agency composed of at least four states or an examination of another state, or a methodology adopted by the board by rule that is designed to test the applicant's clinical skills and knowledge.

(2)  All examination results required by the board must be filed with the

board and kept for reference for a period of not less than one year. If an applicant successfully completes the examinations and is otherwise qualified, the board shall grant a license to the applicant and shall issue a license certificate signed by the officers of the board.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.

64, p. 248, � 1, effective September 14.

Editor's note: This section is similar to former � 12-220-125 as it existed prior

to 2020.

C.R.S. § 12-220-407.2

12-220-407.2. Application for dental therapist license - fee - rules. (1) Effective May 1, 2023, every person who desires to qualify for practice as a dental therapist within this state must file with the board:

(a)   An application for a license, in a format approved by the board, on which

the applicant must list:

(I)  Any act or omission of the applicant that would be grounds for disciplinary

action under section 12-220-201 against a licensed dental therapist; and

(II)  An explanation of the circumstances of the act or omission; and


(b)  Satisfactory proof that the applicant:


(I)  Graduated from a school of dental therapy that, at the time of the

applicant's graduation, was accredited; or

(II)  Graduated from a dental therapy education program developed prior to

February 6, 2015, that, at the time of the applicant's graduation, was recognized by the Minnesota board of dentistry or certified by the Alaska community health aide program certification board.

(2)  The applicant must apply for a dental therapist license on the form

prescribed and furnished by the board, must certify the application under penalty of perjury, and must submit the fee established pursuant to section 12-20-105 with the application.

(3)  An applicant for licensure who has not graduated from a school

described in subsection (1)(b) of this section within the twelve months immediately preceding application, or who has not engaged either in the active clinical practice of dental therapy or in teaching dental therapy in an accredited program for at least one year during the five years immediately preceding the application, must demonstrate to the board that the applicant has maintained the professional ability and knowledge required by this article 220.

Source: L. 2022: Entire section added, (SB 22-219), ch. 381, p. 2707, � 4,

effective January 1, 2023. L. 2025: IP(1)(a) and (1)(b) amended, (SB 25-194), ch. 171, p. 701, � 15, effective August 6.

Cross references: For the legislative declaration in SB 22-219, see section 1

of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 12-220-407.5

12-220-407.5. Dental therapist examinations - license. (1) Every applicant for a dental therapy license must submit to the board proof that the applicant successfully completed a clinical examination for dental therapy that:

(a)  Is designed to test the applicant's clinical dental therapy skills and

knowledge;

(b)  Includes dental therapy restorative and dental hygiene clinical skill

evaluation; and

(c)  Is administered by a regional testing agency composed of at least four

states or an examination of another state.

(2)  All examination results required by the board must be filed with the

board and kept for reference for a period of not less than two years. If an applicant successfully completes the examination and is otherwise qualified, the board shall grant a license to the applicant and shall issue a license certificate signed by the officers of the board.

(3)  For the purpose of completing the examination requirement in subsection

(1) of this section, if the applicant has previously successfully completed a clinical examination for dental hygiene administered by a testing agency accepted by the board, the applicant may be exempted from that part of the dental therapy examination.

Source: L. 2022: Entire section added, (SB 22-219), ch. 381, p. 2707, � 4,

effective January 1, 2023.

Cross references: For the legislative declaration in SB 22-219, see section 1

of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 12-225-106

12-225-106. Prohibited acts - practice standards - informed consent - emergency plan - risk assessment - referral - rules. (1) A direct-entry midwife shall not dispense or administer any medication or drugs except in accordance with section 12-225-107.

(2)  A direct-entry midwife shall not perform any operative or surgical

procedure; except that a direct-entry midwife may perform sutures of perineal tears in accordance with section 12-225-107.

(3)  A direct-entry midwife shall not provide care to a pregnant woman who,

according to generally accepted medical standards, exhibits signs or symptoms of increased risk of medical or obstetric or neonatal complications or problems during the completion of her pregnancy, labor, delivery, or the postpartum period. Those conditions include but are not limited to signs or symptoms of diabetes, multiple gestation, hypertensive disorder, or abnormal presentation of the fetus.

(4)  A direct-entry midwife shall not provide care to a pregnant woman who,

according to generally accepted medical standards, exhibits signs or symptoms of increased risk that her child may develop complications or problems during the first six weeks of life.

(5) (a)  A direct-entry midwife shall keep appropriate records of midwifery-related activity, including but not limited to the following:


(I)  The direct-entry midwife shall complete and file a birth certificate for

every delivery in accordance with section 25-2-112.

(II)  The direct-entry midwife shall complete and maintain appropriate client

records for every client.

(III)  Before accepting a client for care, the direct-entry midwife shall obtain

the client's informed consent, which shall be evidenced by a written statement in a form prescribed by the director and signed by both the direct-entry midwife and the client. The form shall certify that full disclosure has been made and acknowledged by the client as to each of the following items, with the client's acknowledgment evidenced by a separate signature or initials adjacent to each item in addition to the client's signature at the end of the form:

(A)  The direct-entry midwife's educational background and training;


(B)  The nature and scope of the care to be given, including the possibility of

and procedure for transport of the client to a hospital and transferral of care prenatally;

(C)  A description of the available alternatives to direct-entry midwifery care,

including a statement that the client understands the client is not retaining a certified nurse midwife, a nurse midwife, or a certified midwife;

(D)  A description of the risks of birth, including those that are different from

those of hospital birth and those conditions that may arise during delivery;

(E)  A statement indicating whether or not the direct-entry midwife is covered

under a policy of liability insurance for the practice of direct-entry midwifery; and

(F)  A statement informing the client that, if subsequent care is required

resulting from the acts or omissions of the direct-entry midwife, any physician, nurse, certified midwife, prehospital emergency personnel, and health-care institution rendering subsequent care will be held only to a standard of gross negligence or willful and wanton conduct.

(IV) (A)  Until the liability insurance required pursuant to section 12-225-112

(2) is available, each direct-entry midwife shall, before accepting a client for care, provide the client with a disclosure statement indicating that the direct-entry midwife does not have liability insurance. To comply with this section, the direct-entry midwife shall ensure that the disclosure statement is printed in at least twelve-point bold-faced type and shall read the statement to the client in a language the client understands. Each client shall sign the disclosure statement acknowledging that the client understands the effect of its provisions. The direct-entry midwife shall also sign the disclosure statement and provide a copy of the signed disclosure statement to the client.

(B)  In addition to the information required in subsection (5)(a)(IV)(A) of this

section, the direct-entry midwife shall include the following statement in the disclosure statement and shall display the statement prominently and deliver the statement orally to the client before the client signs the disclosure statement: Signing this disclosure statement does not constitute a waiver of any right (insert client's name) has to seek damages or redress from the undersigned direct-entry midwife for any act of negligence or any injury (insert client's name) may sustain in the course of care administered by the undersigned direct-entry midwife.

(b)  As used in this subsection (5), full disclosure includes reading the

informed consent form to the client, in a language understood by the client, and answering any relevant questions.

(6)  A direct-entry midwife shall prepare a plan, in the form and manner

required by the director, for emergency situations. The plan must include procedures to be followed in situations in which the time required for transportation to the nearest facility capable of providing appropriate treatment exceeds limits established by the director by rule. A copy of the plan shall be given to each client as part of the informed consent required by subsection (5) of this section.

(7)  A direct-entry midwife shall prepare and transmit appropriate specimens

for newborn screening in accordance with section 25-4-1004 and shall refer every newborn child for evaluation, within seven days after birth, to a licensed health-care provider with expertise in pediatric care.

(8)  A direct-entry midwife shall ensure that appropriate laboratory testing,

as determined by the director, is completed for each client.

(9) (a)  A direct-entry midwife shall provide eye prophylactic therapy to all

newborn children in the direct-entry midwife's care in accordance with section 25-4-301.

(b)  A direct-entry midwife shall inform the parents of all newborn children in

the direct-entry midwife's care of the importance of critical congenital heart defect screening using pulse oximetry in accordance with section 25-4-1004.3. If a direct-entry midwife is not properly trained in the use of pulse oximetry or does not have the use of or own a pulse oximeter, the direct-entry midwife shall refer the parents to a health-care provider who can perform the screening. If a direct-entry midwife is properly trained in the use of pulse oximetry and has the use of or owns a pulse oximeter, the direct-entry midwife shall perform the critical congenital heart defect screening on newborn children in the direct-entry midwife's care in accordance with section 25-4-1004.3.

(10)  A direct-entry midwife shall be knowledgeable and skilled in aseptic

procedures and the use of universal precautions and shall use them with every client.

(11)  To assure that proper risk assessment is completed and that clients who

are inappropriate for direct-entry midwifery are referred to other health-care providers, the director shall establish, by rule, a risk assessment procedure to be followed by a direct-entry midwife for each client and standards for appropriate referral. The assessment shall be a part of each client's record as required in subsection (5)(a)(II) of this section.

(12)  Repealed.


(13)  A registered direct-entry midwife may purchase, possess, carry, and

administer oxygen. The department shall promulgate rules concerning minimum training requirements for direct-entry midwives with respect to the safe administration of oxygen. Each registrant shall complete the minimum training requirements and submit proof of having completed the requirements to the director before administering oxygen to any client.

(14)  A registrant shall not practice beyond the scope of the registrant's

education and training.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1135, � 1, effective October 1. L. 2021: (12) repealed, (SB 21-101), ch. 196, p. 1049, � 4, effective September 1. L. 2023: (5)(a)(III)(C) and (5)(a)(III)(F) amended, (SB 23-167), ch. 261, p. 1541, � 41, effective May 25.

Editor's note: This section is similar to former � 12-37-105 as it existed prior

to 2019.

C.R.S. § 12-235-112

12-235-112. Disciplinary proceedings - injunctions - investigations - hearings - judicial review - fine. (1) The director may take disciplinary or other action as authorized in this section and section 12-20-404 upon proof that the person committed a violation of section 12-235-111.

(2)  The director may seek an injunction in accordance with section 12-20-406

to enjoin any person from engaging in or aiding and abetting an act or practice prohibited by this article 235.

(3)  The director is authorized to investigate, hold hearings, and gather

evidence in all matters related to the exercise and performance of the powers and duties of the director pursuant to article 4 of title 24, section 12-20-403, and this article 235.

(4)  An employer of a massage therapist shall report to the director any

disciplinary action taken against the massage therapist or the resignation of the massage therapist in lieu of disciplinary action for conduct that violates this article 235.

(5)  On completion of an investigation, the director shall find one of the

following:

(a)  The complaint is without merit and no further action need be taken with

reference thereto;

(b)  There is no reasonable cause to warrant further action; or


(c)  The complaint discloses misconduct by the licensee that warrants formal

action, in which case the director shall initiate disciplinary proceedings pursuant to subsection (6) of this section.

(6) (a)  The director shall commence a disciplinary proceeding when the

director has reasonable grounds to believe that a licensee has committed any act that violates section 12-235-111.

(b)  Disciplinary proceedings shall be conducted pursuant to section 12-20-403.


(c)  If, after the hearing, the director finds the charges proven and orders that

discipline be imposed, the director shall also determine the extent of the discipline. The director may take disciplinary action as specified in section 12-20-404 (1)(b) or (1)(d).

(d)  If the director finds the charges against the licensee proven and orders

that discipline be imposed, the director may require, as a condition of reinstatement, that the licensee take therapy or courses of training or education as may be needed to correct any deficiency found.

(7)  Section 12-20-408 governs judicial review of a final action of the director.

Judicial proceedings for the enforcement of an order of the director may be instituted in accordance with section 24-4-106.

(8)  The director may send a letter of admonition to a licensee under the

circumstances specified in and in accordance with section 12-20-404 (4).

(9)  The director may send a confidential letter of concern to a licensee under

the circumstances specified in section 12-20-404 (5).

(10)  If a person commits an act that violates this article 235, the director may

impose a fine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1163, � 1, effective October 1.

Editor's note: This section is similar to former � 12-35.5-112 as it existed prior

to 2019.

C.R.S. § 12-240-114.5

12-240-114.5. Physician assistants - collaboration requirements - proof of practice hours from another jurisdiction - liability - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Collaboration means, as indicated by the patient's condition, community

standards of care, and a physician assistant's education, training, and experience:

(I)  Consultation between the physician assistant and a physician or physician

group; or

(II)  Referral by the physician assistant to a physician or, if the referral is to a

physician practicing in a different practice area than the physician assistant, a physician's practice group.

(b)  Collaborative agreement means a written agreement that describes the

manner in which a physician assistant collaborates with a physician or a physician group.

(c)  Performance evaluation means a document that includes domains of

competency relevant to the practice of a physician assistant, uses more than one modality of assessment to evaluate the domains, and includes consideration of the physician assistant's education, training, experience, competency, and knowledge of the practice area in which the physician assistant is engaged.

(d)  Physician means a physician licensed in good standing pursuant to this

article 240 or article 290 of this title 12, including a physician in a physician group.

(2) (a)  A physician assistant licensed pursuant to this article 240 shall enter

into a collaborative agreement with a physician or a physician group. The physician entering into a collaborative agreement must be actively practicing in Colorado with a regular and reliable physical presence in Colorado. The collaborative agreement must include:

(I)  The physician assistant's name, license number, and primary location of

practice;

(II)  The signature of the physician assistant and the physician or physician

group with whom the physician assistant has entered into the collaborative agreement;

(III)  A description of the physician assistant's process for collaboration, the

degree of which must be based on the physician assistant's primary location and area of practice and may include:

(A)  Decisions made by the physician or physician group with whom the

physician assistant has entered into a collaborative agreement; and

(B)  The credentialing or privileging requirements of the physician assistant's

primary location of practice;

(IV)  A description of the performance evaluation process, which may be

completed by the physician assistant's employer in accordance with a performance evaluation and review process established by the employer; and

(V)  Any additional requirements specific to the physician assistant's practice

required by the physician entering into the collaborative agreement, including additional levels of oversight, limitations on autonomous judgment, and the designation of a primary contact for collaboration.

(b) (I)  Except as provided in subsection (2)(b)(IV) of this section, for a

physician assistant with fewer than five thousand practice hours, or a physician assistant changing practice areas with fewer than three thousand practice hours in the new practice area, the collaborative agreement is a supervisory agreement that must include the provisions described in subsections (2)(a)(III)(A), (2)(a)(III)(B), (2)(a)(IV), and (2)(a)(V) of this section and must also:

(A)  Require that collaboration during the first one hundred sixty practice

hours be completed in person or through technology, as permitted by the physician or physician group with whom the physician assistant has entered into the collaborative agreement;

(B)  Incorporate elements defining the expected nature of collaboration,

including: The physician assistant's expected area of practice; expectations regarding support and consultation from the physician or physician group with whom the physician assistant has entered into a collaborative agreement; methods and modes of communication and collaboration; and any other pertinent elements of collaborative, team-based practice applicable to the physician assistant's practice or established by the employer; and

(C)  Require a performance evaluation and discussion of the performance

evaluation with the physician assistant after the physician assistant has worked with the employer for six months, again after the physician assistant has worked with the employer for twelve months, and additional evaluation thereafter as determined by the physician or physician group with whom the physician assistant has entered into the collaborative agreement.

(II)  The performance evaluation may be completed by the physician

assistant's employer in accordance with the performance evaluation and review process established by the employer; except that the performance evaluation must be completed with at least the minimum frequency required in subsection (2)(b)(I)(C) of this section.

(III)  Except as provided in subsection (2)(b)(IV) of this section, after a

physician assistant has completed the number of practice hours required pursuant to this subsection (2), the additional collaborative agreement requirements described in this subsection (2)(b) no longer apply.

(IV)  Notwithstanding the provisions of this subsection (2):


(A)  For a physician assistant entering into a collaborative agreement with a

physician or physician group in the emergency department of a hospital with a level I or level II trauma center, the collaborative agreement remains a supervisory agreement and continues indefinitely.

(B)  For a physician assistant changing practice areas to practice in an

emergency department of a hospital that is not a level I or level II trauma center, the supervising physician or physician group may increase the number of hours for which the collaborative agreement is a supervisory agreement pursuant to this subsection (2)(b).

(3)  A physician assistant may provide the board with a signed affidavit

outlining practice experience for the purposes of meeting the requirements described in subsection (2)(b) of this section, as applicable, if the physician assistant:

(a)  Held an unencumbered license in another state or territory of the United

States before becoming licensed in this state pursuant to section 12-240-113; or

(b)  Was initially licensed in this state prior to August 7, 2023.


Source: L. 2019: Entire section added, (HB 19-1095), ch. 411, p. 3619, � 5,

effective October 1. L. 2020: (5)(b) amended, (HB 20-1041), ch. 45, p. 155, � 1, effective March 20. L. 2023: Entire section amended, (SB 23-083), ch. 114, p. 408, � 2, effective August 7.

Editor's note: This section is similar to � 12-36-107.7 as added in HB 19-1095.

That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1095, chapter 411, Session Laws of Colorado 2019.

C.R.S. § 12-240-115

12-240-115. Applications for license. (1) Every person desiring a license to practice medicine shall make application to the board, the application to be verified by oath and to be in the form prescribed by the board. The application shall be accompanied by the license fee and the documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed by this article 240, apart from any required examination by the board. The burden of proof shall be upon the applicant, but the board may make such independent investigation as it may deem advisable to determine whether the applicant possesses the qualifications and whether the applicant has at any time committed any of the acts or offenses defined in this article 240 as unprofessional conduct.

(2)  The board shall consider the recommendations of the Federation of State

Medical Boards, or its successor organization, and the requirements of the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., when developing the application questions.

(3)  The application must not require the disclosure of personal medical or

health information that is not relevant to the applicant's ability at the time of application to provide safe, competent, and ethical patient care.

(4)  The application must not include questions seeking information about

past health-related conditions listed in section 12-30-108 (1)(a) that do not impact an applicant's ability to practice safe, competent, and ethical patient care at the time of application.

(5)  The board shall provide information in the application about the board's

peer health assistance program, the applicant's ability to self-refer to the peer health assistance program at any time, and the applicant's ability to self-refer in lieu of disclosure to the board.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1186, � 1, effective October 1. L. 2025: Entire section amended, (HB 25-1176), ch. 336, p. 1771, � 2, effective August 6.

Editor's note: This section is similar to former � 12-36-111 as it existed prior to

2019.

Cross references: For the legislative declaration in HB 25-1176, see section 1

of chapter 336, Session Laws of Colorado 2025.

C.R.S. § 12-245-206

12-245-206. Records. (1) Each board shall keep a record of proceedings and a register of all applications for licenses, registrations, or certifications, which must include:

(a)  The name and age of each applicant;


(b)  The date of the application;


(c)  The mailing address of the applicant;


(d)  A summary of the educational and other qualifications of each applicant;


(e)  Whether or not an examination was required and, if required, proof that

the applicant passed the examination;

(f)  Whether licensure, registration, or certification was granted;


(g)  The date of the action of the board;


(h)  Other information the board deems necessary or advisable in aid of the

requirements of this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1226, � 1, effective October 1.

Editor's note: This section is similar to former � 12-43-205 as it existed prior

to 2019.

C.R.S. § 12-245-208

12-245-208. Provisional license - fees. (1) (a) The board may issue a provisional license to an applicant who has completed a postgraduate degree that meets the educational requirements for licensure in section 12-245-304, 12-245-404, 12-245-504, 12-245-604, or 12-245-804, as applicable, and who is working in a residential child care facility, as defined in section 26-6-903, under the supervision of a licensee.

(b)  A provisional license issued pursuant to subsection (1)(a) of this section

terminates at the earliest of:

(I)  Thirty days after termination of the provisional licensee's employment

with a qualifying residential child care facility, unless the provisional licensee obtains and submits to the board proof of employment with another residential child care facility; or

(II)  Thirty days after termination of the provisional licensee's supervision by a

licensee unless the provisional licensee obtains and submits to the board proof of supervision by another licensee.

(c)  A provisional licensee shall notify the board of any change in supervision

within thirty days after the change.

(2)  Each board may charge an application fee to an applicant for a

provisional license as provided in section 12-20-105. An application for a provisional license must identify the name, contact information, and license number of the licensee providing supervision of the provisional licensure applicant.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1227, � 1, effective October 1. L. 2022: (1)(a) amended, (HB 22-1295), ch. 123, p. 826, � 22, effective July 1.

Editor's note: This section is similar to former � 12-43-206.5 as it existed

prior to 2019.

C.R.S. § 12-250-107

12-250-107. Registration required - qualifications - examination - registration by endorsement - rules. (1) Effective June 1, 2014, a person shall not practice as a naturopathic doctor in this state without a registration.

(2)  An applicant for a registration to practice as a naturopathic doctor in this

state shall submit an application to the director in a form and manner determined by the director by rule, accompanied by the fee required pursuant to section 12-20-105. The director shall issue a registration to practice as a naturopathic doctor to an applicant upon receipt of satisfactory proof that the applicant:

(a)  Is at least twenty-one years of age and of good moral character;


(b)  Has obtained a baccalaureate degree from an accredited educational

institution or documented experience that provides the same kind, amount, and level of knowledge as a baccalaureate degree, as determined by the director;

(c)  Has graduated from and holds a doctor of naturopathic medicine or

doctor of naturopathy degree from an approved naturopathic medical college;

(d)  Has successfully passed either a director-approved examination or a

comprehensive competency-based national naturopathic licensing examination administered by the North American Board of Naturopathic Examiners or a nationally recognized, director-approved successor entity, as determined by the director by rule; and

(e)  Has not had a license or other authorization to practice as a naturopathic

doctor or other health-care license, registration, or certification denied, revoked, or suspended by Colorado or any other jurisdiction for reasons that relate to the applicant's ability to skillfully and safely practice naturopathic medicine, unless the license, registration, or certification is reinstated to good standing by Colorado or another jurisdiction.

(3)  The director may issue a registration by endorsement to engage in the

practice of naturopathic medicine to an applicant who satisfies the requirements of the occupational credential portability program.

(4)  The director may determine, by rule, the qualifications for registration

under this article 250 for a person who satisfies the requirements of subsections (2)(a), (2)(b), and (2)(e) of this section but does not satisfy the requirements for registration under subsection (2)(c) or (2)(d) of this section and who is not licensed, certified, or registered to practice a profession or occupation under this title 12 or the laws of any other jurisdiction in the United States. The director's rules may require qualifications the director deems appropriate and may include documented evidence that the person:

(a)  Has completed a postgraduate level didactic and supervised clinical

educational program from an accredited educational institution, which program is substantially equivalent to the education requirements set forth in subsection (2)(c) of this section, as determined by the director by rule;

(b)  Has passed a national examination in naturopathic medicine that is

substantially equivalent to the examination required in subsection (2)(d) of this section, as determined by the director by rule; and

(c)  Has at least ten years of related professional experience.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1306, � 1, effective October 1. L. 2020: (3) amended, (HB 20-1326), ch. 126, p. 540, � 29, effective June 25.

Editor's note: This section is similar to former � 12-37.3-106 as it existed prior

to 2019.

Cross references: For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

C.R.S. § 12-255-107

12-255-107. Powers and duties of the board - rules - definition. (1) The board has the following powers and duties:

(a) (I)  To approve, pursuant to rules adopted by the board, educational

programs in this state preparing individuals for licensure under this part 1, including approving curricula, conducting surveys, and establishing standards for the educational programs; to deny approval of or withdraw approval from the educational programs for failure to meet required standards as established by this part 1 or pursuant to rules adopted by the board; and to further establish standards in accordance with this part 1 in the form of rules to determine whether institutions outside this state shall be deemed to have acceptable educational programs and whether graduates of institutions outside this state shall be deemed to be graduates of approved educational programs for the purpose of licensing requirements in this state under this part 1; and to determine by rule when accreditation by a state or voluntary agency may be accepted in lieu of board approval;

(II)  To approve nurse aide training programs in accordance with section 12-255-118.5;


(b) (I) (A)  To examine, license, certify, reactivate, and renew licenses or

certifications of qualified applicants, to grant to the applicants temporary licenses and permits, and to engage in the practice of practical nursing and professional nursing, the practice as a certified midwife, or the practice of a nurse aide, as applicable, in this state within the limitations imposed by this article 255. Licenses and certifications issued pursuant to this article 255 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(B)  The director may increase fees to obtain or renew a professional nurse

license, an advanced practice registered nurse authority, or a certified midwife license under this part 1 consistent with section 12-30-105 (4) to fund the division's costs in administering and staffing the nurse-physician advisory task force for Colorado health care created in section 12-30-105 (1).

(C)  Any person whose license or certification has expired is subject to the

penalties provided in this article 255 or section 12-20-202 (1).

(II)  In order to facilitate the licensure and certification of qualified

applicants, the board may, in its discretion, assign licensing and certification functions in accordance with this article 255 to either panel. Any action taken by a quorum of the assigned panel constitutes action by the board.

(c) (I)  To limit the scope of any license, to place a temporary licensee on

probation, or to take disciplinary or other action as specified in section 12-20-404 upon proof that the licensee has committed an act that constitutes grounds for discipline under section 12-255-120 or 12-295-111;

(II)  To suspend, revoke, or deny a certification to practice as a nurse aide or

authority to practice as a medication aide in accordance with section 12-20-404 (1)(d) or issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4), upon proof that the person engaged in an act that constitutes grounds for discipline under section 12-255-209;

(d)  To permit the executive officer, during the period between board

meetings and pursuant to board rules, to:

(I)  Administer examinations and competency evaluations to qualified

applicants;

(II)  Issue licenses or certifications by endorsement, examination, or

competency evaluation, as applicable, to qualified applicants;

(III)  Renew licenses or certifications of qualified applicants; and


(IV)  Issue temporary licenses and permits to qualified applicants;


(e)  To adopt and revise rules concerning qualifications needed to practice as

a practical nurse when the practice requires preparation and skill beyond that of a practical nurse pursuant to section 12-255-114;

(f)  To provide by rule for the legal recognition of nurse licensees from other

states and jurisdictions;

(g)  To charge and collect appropriate fees;


(h)  To investigate and conduct hearings upon charges for the discipline of

nurses, certified midwives, and nurse aides in accordance with article 4 of title 24 and section 12-20-403 and to impose disciplinary sanctions as provided in this article 255 and section 12-20-404;

(i)  To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of this article 255 and incur necessary

expenses therefor;

(j)  To adopt rules pursuant to section 12-20-204 to carry out the purposes of

this article 255, including rules pertaining to the certification of nurse aides to ensure compliance with federal law and regulation relating to nurse aides;

(k)  To administer the licensing and regulation of psychiatric technicians

pursuant to article 295 of this title 12 and to adopt and revise rules pursuant to section 12-20-204 consistent with the laws of this state as may be necessary:

(I)  To renew, grant, suspend, limit the scope of, and revoke licenses of

psychiatric technicians in accordance with article 295 of this title 12;

(II)  To prescribe standards and approve curricula for educational programs

preparing persons for licensure as psychiatric technicians;

(III)  To provide for surveys of education programs at such times as the board

may deem necessary;

(IV)  To accredit education programs that meet the requirements of the board

and article 295 of this title 12;

(V)  To deny accreditation to or withdraw accreditation from educational

programs for failure to meet prescribed standards;

(VI)  To conduct hearings pursuant to section 12-295-112;


(VII)  To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of article 295 of this title 12 and incur

necessary expenses therefor;

(l) (I)  To conduct criminal history record checks on any individual under the

jurisdiction of the board, against whom a complaint has been filed.

(II)  For purposes of this subsection (1)(l), criminal history record check

means a written review of an individual's criminal conviction history.

(m)  To facilitate the licensure of nurses under the Enhanced Nurse

Licensure Compact, part 38 of article 60 of title 24, as follows:

(I)  Appoint a qualified delegate to serve on the interstate commission of

nurse licensure compact administrators;

(II)  Participate in the coordinated licensure information system, as that is

defined in article II c. of section 24-60-3802;

(III)  Require an applicant for licensure under the compact to have his or her

fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant is required to submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the board. The board shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to the compact. The board may verify the information an applicant is required to submit. The results of the criminal history record check are confidential. The board shall not release the results to the public, the interstate commission of nurse licensure compact administrators, or other state licensing boards.

(IV)  Notify the interstate commission of nurse licensure compact

administrators of any adverse action taken by the board; and

(V)  Approve payment of assessments levied by the interstate commission of

nurse licensure compact administrators to cover the cost of the operations and activities of the commission and its staff.

(2)  The board shall appoint advisory committees pursuant to section 12-255-108 of at least three psychiatric technicians to advise the board on matters

pertaining to psychiatric technician testing. The board shall, in its discretion, assign matters referred to the board by the psychiatric technicians advisory committee to a panel for consideration and implementation, if necessary.

(3)  When the board determines that rules are completed and established,

the board shall make copies available at a reasonable cost.

(4)  The board shall, in its discretion, assign matters referred to the board by

the nurse aide advisory committee, created pursuant to section 12-255-207, to a panel for consideration and implementation, if necessary.

(5)  The authority granted the board under the provisions of this article 255

shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.

(6)  The board shall maintain a registry of all certified nurse aides and a

record of all final disciplinary action taken against persons under this article 255. The registry shall conform to all requirements of federal law and regulation.

(7)  The board shall not issue a certificate to a former holder of a nurse aide

certificate whose certificate was revoked or surrendered to avoid discipline unless:

(a)  The two-year waiting period specified in section 12-20-404 (3) has passed

since the date of the revocation or surrender; and

(b)  The applicant meets the requirements of this article 255, has

successfully repeated an approved educational program as required by the board, and has repeated and passed a competency evaluation.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1323, � 1, effective October 1. L. 2020: (1)(a), (1)(b), (1)(c), (1)(d), (1)(h), (1)(j), and (4) amended and (6) and (7) added with relocations, (HB 20-1183), ch. 157, p. 676, � 6, effective July 1; (1)(b)(I) amended, (HB 20-1216), ch. 190, p. 871, � 12, effective July 1. L. 2023: (1)(b)(I)(A), (1)(b)(I)(B), and (1)(h) amended, (SB 23-167), ch. 261, p. 1511, � 4, effective May 25.

Editor's note: (1)  Subsection (1) is similar to former � 12-38-108 (1);

subsection (2) is similar to former � 12-38-108 (1.1)(a); subsection (3) is similar to former � 12-38-108 (2); subsection (4) is similar to former � 12-38-108 (3); and subsection (5) is similar to former � 12-38-108.5, as those sections existed prior to 2019.

(2)  Subsection (6) is similar to former � 12-260-104 (4), and subsection (7) is

similar to former � 12-260-104 (5)(a), as they existed prior to 2020.

(3)  Amendments to subsection (1)(b) of this section by HB 20-1183 and HB

20-1216 were harmonized.

Cross references: (1)  For provisions concerning the panel referred to in

subsections (1)(b)(II), (2), and (4), see � 12-255-119.

(2)  For the legislative declaration in HB 20-1216, see section 1 of chapter 190,

Session Laws of Colorado 2020.

C.R.S. § 12-255-110

12-255-110. Requirements for professional nurse licensure. (1) The board shall issue a license to engage in the practice of professional nursing to any applicant who:

(a)  Submits an application containing the information the board may

prescribe;

(b)  Submits proof satisfactory to the board in the manner and upon the forms

the board may require to show that the applicant has completed a professional nursing educational program that meets the standards of the board for approval of educational programs or that is approved by the board and to show that the applicant holds a certificate of graduation from or a certificate of completion of the approved program;

(c)  Passes an examination as provided in section 12-255-109 or is eligible for

and is granted licensure by endorsement as provided in subsection (2) of this section;

(d)  Pays the required fee.


(2)  The board may issue a license by endorsement to engage in the practice

of professional nursing in this state to a nurse who satisfies the requirements of the occupational credential portability program.

(3) (a)  The board shall design a questionnaire to be sent to all licensees who

apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or that might make the licensee unfit to practice nursing with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v). The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (1)(d) of this section. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.

(b)  On and after July 1, 2024, as a condition of renewal of a license, each

licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1327, � 1, effective October 1; (3) amended, (SB 19-079), ch. 86, p. 319, � 22, effective October 1. L. 2020: (2) amended, (HB 20-1326), ch. 126, p. 541, � 30, effective June 25; (3) amended, (HB 20-1183), ch. 157, p. 678, � 8, effective July 1; (3) amended, (HB 20-1216), ch. 190, p. 879, � 23, effective July 1. L. 2022: (3) amended, (HB 22-1115), ch. 397, p. 2825, � 4, effective August 10.

Editor's note: (1)  This section is similar to former � 12-38-111 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-079.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.

(3)  Amendments to subsection (3) of this section by HB 20-1183 and HB 20-1216 were harmonized.


Cross references: (1)  For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

(2)  For the legislative declaration in HB 20-1216, see section 1 of chapter 190,

Session Laws of Colorado 2020.

C.R.S. § 12-255-111.5

12-255-111.5. Requirements for certified midwife licensure - license by endorsement - questionnaire - fees - definition. (1) On and after July 1, 2024, the board shall issue a license to engage in the practice as a certified midwife to any applicant who:

(a)  Submits an application containing information the board may prescribe;


(b)  Submits proof satisfactory to the board, in the manner and upon the

forms the board may require, to show that the applicant has obtained and maintains in good standing a midwife certification from the American Midwifery Certification Board or its successor entity;

(c)  Pays the required fee; and


(d)  Submits to a criminal history record check in the form and manner as

described in subsection (2) of this section.

(2) (a)  In addition to the requirements of subsection (1) of this section, each

applicant must have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days unless requested to do so by the applicant. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the director.

(b)  When the results of a fingerprint-based criminal history record check of

an applicant performed pursuant to this subsection (2) reveal a record of arrest without a disposition, the board shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(3)  The board may issue a license by endorsement to engage in the practice

as a certified midwife in this state to an applicant who satisfies the requirements of the occupational credential portability program.

(4) (a) (I)  The board shall design a questionnaire to be sent to all licensees

who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or that might make the licensee unfit to practice as a certified midwife with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a).

(II)  If an applicant fails to answer the questionnaire accurately, the failure

constitutes grounds for discipline under section 12-255-120 (1)(v).

(III)  The board may include the cost of developing and reviewing the

questionnaire in the fee paid under subsection (1)(c) of this section.

(IV)  The board may deny an application for license renewal that does not

accompany an accurately completed questionnaire.

(b)  On and after July 1, 2024, as a condition of renewal of a license, each

licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.

(5)  A certified midwife who satisfies the requirements of section 12-255-112

may be granted prescriptive authority as a function in addition to those functions described in section 12-255-104 (7.5).

(6)  As used in this section, director means the director of the division or the

director's designee. The director's designee must be an employee of the division.

Source: L. 2023: Entire section added, (SB 23-167), ch. 261, p. 1511, � 5,

effective May 25. L. 2025: (6) added, (SB 25-146), ch. 342, p. 1853, � 4, effective June 2.

C.R.S. § 12-255-114

12-255-114. Requirements for practical nurse licensure - fees - questionnaire. (1) The board shall issue a license to engage in the practice of practical nursing to any applicant who:

(a)  Submits an application containing information the board may prescribe;


(b)  Submits proof satisfactory to the board in the manner and upon the forms

the board may require to show that the applicant has completed a practical nursing educational program that meets the standards of the board for approval of educational programs or that is approved by the board and to show that the applicant holds a certificate of graduation from or a certificate of completion of the approved program;

(c)  Passes an examination as provided in section 12-255-109 or is eligible for

and is granted licensure by endorsement as provided in subsection (2) of this section;

(d)  Pays the required fee.


(2)  The board may issue a license by endorsement to engage in the practice

of practical nursing in this state to any applicant who satisfies the requirements of the occupational credential portability program.

(3)  The board shall design a questionnaire to be sent to all licensed practical

nurses who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or might make the licensee unfit to practice nursing with reasonable care and safety. If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v). The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (1)(d) of this section. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1335, � 1, effective October 1. L. 2020: (2) amended, (HB 20-1326), ch. 126, p. 541, � 32, effective June 25; (3) amended, (HB 20-1183), ch. 157, p. 679, � 12, effective July 1; (3) amended, (HB 20-1216), ch. 190, p. 879, � 24, effective July 1.

Editor's note: (1)  This section is similar to former � 12-38-112 as it existed

prior to 2019.

(2)  Amendments to subsection (3) of this section by HB 20-1183 and HB 20-1216 were harmonized.


Cross references: (1)  For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

(2)  For the legislative declaration in HB 20-1216, see section 1 of chapter 190,

Session Laws of Colorado 2020.

C.R.S. § 12-255-117

12-255-117. Temporary licenses and permits. (1) The board may issue a temporary license to practice for a period of four months to an applicant for licensure by endorsement pursuant to the occupational credential portability program.

(2)  The board may issue a permit to practice as a practical or professional

nurse for a period not to exceed two years or as determined by the board to any person from another state or a territory of the United States or a foreign country who is in this state for special training or for observation of nursing educational programs upon proof to the board by the person that he or she is currently licensed to practice as a nurse in the state, territory, or country of residency. The nursing practice permitted by the permit shall be limited to that practice performed as part of the special training or nursing educational program.

(3)  The board may, as it deems appropriate, issue a permit to a person who is

under the supervision of a professional nurse licensed pursuant to this part 1.

(4)  A person holding a permit may engage in the practice of practical or

professional nursing only under the personal and responsible supervision and direction of a person licensed by the board to engage in the practice of professional nursing.

(5)  The board shall summarily withdraw a temporary license or permit issued

pursuant to this section if the board determines that the temporary license or permit holder fails to meet the requirements of this section or section 12-255-109, 12-255-110, 12-255-111.5, or 12-255-114. The holder of a temporary license or permit summarily withdrawn has the right to a hearing that shall be conducted pursuant to article 4 of title 24 and section 12-20-403 by the board or by an administrative law judge at the board's discretion.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1337, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1326), ch. 126, p. 542, � 33, effective June 25; (3) amended, (HB 20-1183), ch. 157, p. 680, � 15, effective July 1. L. 2023: (5) amended, (SB 23-167), ch. 261, p. 1518, � 9, effective May 25.

Editor's note: This section is similar to former � 12-38-115 as it existed prior

to 2019.

Cross references: For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

C.R.S. § 12-255-121

12-255-121. Withholding or denial of license - hearing - definitions. (1) (a) The board is empowered to determine summarily whether:

(I)  An applicant for a license or a temporary license to practice as a nurse or

as a certified midwife possesses the qualifications required by this part 1;

(II)  There is probable cause to believe that an applicant for a license or

temporary license has done any of the acts set forth in section 12-255-120 as grounds for discipline; or

(III)  The applicant for a license or temporary license has had a license to

practice nursing, practice as a certified midwife, or practice any other health-care occupation revoked by any legally authorized board.

(b)  As used in this section:


(I)  Applicant includes a nurse or certified midwife seeking reinstatement or

reactivation of a license pursuant to section 12-255-122, but does not include a renewal applicant.

(II)  Legally authorized board means a board created pursuant to the laws

of this state or of another state for the purpose of licensing or otherwise authorizing a person to engage in a health-care occupation. The term includes any governmental entity charged with licensing or other oversight of persons engaged in a health-care occupation.

(2) (a) (I)  If the board determines that an applicant does not possess the

qualifications for licensure required by this part 1, that probable cause exists to believe that an applicant for a license or temporary license has done any of the acts set forth in section 12-255-120, or that an applicant for a license or temporary license has had a nursing, certified midwife, or other health-care occupation license revoked by another legally authorized board, the board may withhold or deny the applicant a license under this part 1.

(II)  The board may deny a license or temporary license to practice as a nurse

or as a certified midwife to any applicant during the time the applicant's license is under suspension in another state.

(III)  The board may deny a license or may grant a license subject to terms of

probation if the board determines that an applicant for a license has not actively practiced practical or professional nursing, has not actively practiced as a certified midwife, or has not otherwise maintained continued competency, as determined by the board, during the two years immediately preceding the application for licensure under this part 1.

(b)  If the board denies a license to an applicant pursuant to subsection (2)(a)

of this section, the provisions of section 24-4-104 (9) apply. Upon the denial, the board shall provide the applicant with a statement in writing setting forth the following:

(I)  The basis of the board's determination that the applicant:


(A)  Does not possess the qualifications required by this part 1;


(B)  Has had a nursing, certified midwife, or other health-care occupation

license revoked or suspended by another legally authorized board; or

(C)  Has not actively practiced practical or professional nursing, has not

actively practiced as a certified midwife, or has not maintained continued competency during the previous two years; or

(II)  The factual basis for probable cause that the applicant has done any of

the acts set forth in section 12-255-120.

(c) (I)  If the board denies a nursing license to an applicant on the grounds

that the applicant's nursing or other health-care occupation license was revoked by another legally authorized board, the board may require the applicant to pass a written examination as provided in section 12-255-109 as a prerequisite to licensure. The applicant shall not be allowed to take the written examination until at least two years after the revocation of the nursing or other health-care occupation license.

(II)  If the board denies a certified midwife license to an applicant on the

grounds that the applicant's certified midwife license was revoked by another legally authorized board, the board may require the applicant to obtain recertification from the American Midwifery Certification Board, or its successor entity, as a prerequisite to licensure. The applicant shall not be allowed to obtain licensure pursuant to this subsection (2)(c)(II) until at least two years after the applicant's certified midwife license was revoked.

(3)  If the applicant requests a hearing pursuant to the provisions of section

24-4-104 (9) and fails to appear without good cause at the hearing, the board may affirm its prior action of withholding or denial without conducting a hearing.

(4)  Following a hearing, the board shall affirm, modify, or reverse its prior

action in accordance with its findings at the hearing.

(5)  No action shall lie against the board for the withholding or denial of a

license or temporary license without a hearing in accordance with the provisions of this section if the board acted reasonably and in good faith.

(6) (a)  At the hearing, the applicant has the burden of proof to show that:


(I)  The applicant possesses the qualifications required for licensure under

this part 1;

(II)  The applicant's nursing, certified midwife, or other health-care

occupation license was not revoked by another legally authorized board; or

(III)  The applicant has actively practiced practical or professional nursing,

has actively practiced as a certified midwife, or has maintained continued competency during the two years prior to application for a license under this part 1.

(b)  The board shall have the burden of proof to show commission of acts set

forth in section 12-255-120.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1349, � 1, effective October 1. L. 2020: (1)(a), (2)(a)(I), (2)(a)(III), (2)(b)(I)(A), (6)(a)(I), and (6)(a)(III) amended, (HB 20-1183), ch. 157, p. 682, � 20, effective July 1; (2)(a)(II), (2)(a)(III), IP(2)(b), and (2)(c) amended, (HB 20-1216), ch. 190, p. 879, � 25, effective July 1. L. 2023: (1)(a), (1)(b)(I), (2), and (6)(a) amended, (SB 23-167), ch. 261, p. 1524, � 12, effective May 25.

Editor's note: (1)  This section is similar to former � 12-38-118 as it existed

prior to 2019.

(2)  Amendments to subsection (2)(a)(III) by HB 20-1183 and HB 20-1216 were

harmonized.

Cross references: For the legislative declaration in HB 20-1216, see section 1

of chapter 190, Session Laws of Colorado 2020.

C.R.S. § 12-255-209

12-255-209. Grounds for discipline. (1) The board may suspend, revoke, or deny any person's certification to practice as a nurse aide or authority to practice as a medication aide in accordance with section 12-20-404 (1)(d) or may issue to the person a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4), upon proof that a person:

(a)  Has procured or attempted to procure a certificate by fraud, deceit,

misrepresentation, misleading omission, or material misstatement of fact;

(b)  Has been convicted of a felony or has had a court accept a plea of guilty

or nolo contendere to a felony. A certified copy of the conviction or plea from a court of competent jurisdiction is prima facie evidence of the conviction or plea. In considering discipline based on the grounds specified in this subsection (1)(b), the board shall be governed by sections 12-20-202 (5) and 24-5-101.

(c)  Has had a certification to practice as a nurse aide or to practice any other

health-care occupation suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of the suspension or revocation.

(d)  Has violated or has aided or knowingly permitted any person to violate

any provision of this part 2 or an applicable provision of article 20 or 30 of this title 12;

(e)  Has negligently or willfully violated any order or rule of the board

pertaining to practice or certification as a nurse aide;

(f)  Has verbally or physically abused a person under the care of the certified

nurse aide;

(g)  Excessively uses or abuses alcohol, any habit-forming drug, any

controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects, or is diverting controlled substances, as defined in section 18-18-102 (5), or other drugs having similar effects from the person's place of employment;

(h)  Has misused any drug or controlled substance, as defined in section 18-18-102 (5);


(i)  Has a physical or mental disability that renders the person unable to

practice as a certified nurse aide with reasonable skill and safety to the patients and that may endanger the health or safety of persons under the nurse aide's care;

(j)  Has violated the confidentiality of information or knowledge as prescribed

by law concerning any patient;

(k)  Has misappropriated patient or facility property;


(l)  Has engaged in any conduct that would constitute a crime as defined in

title 18, if the conduct relates to the person's ability to practice as a nurse aide. In considering discipline based upon the grounds specified in this subsection (1)(l), the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.