ARTICLE 1 ADMINISTRATIVE ORGANIZATION ACT OF 1968

Section

24-1.5-101. Legislative declaration.

The general assembly hereby finds and declares that the proliferation of type 1 agencies in state government has increased the number of state government programs through the adoption of administrative rules and regulations and that the level of accountability within each principal department of state government has decreased due to the independence of the type 1 agencies. The general assembly therefore adopts this article in order to evaluate existing type 1 agencies and to determine whether agencies created in the future should be so designated.

Source: L. 90: Entire article added, p. 1177, § 1, effective May 24.

24-1.5-102. State administrative organization board - creation - duties.

1. There is hereby created the state administrative organization board, referred to in this article as the "board", to be comprised of eleven members. Two members of the board shall be appointed by the speaker of the house of representatives, one of whom shall be a member of the general assembly. One member shall be appointed by the minority leader of the house of representatives and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the speaker shall not be a member of the general assembly and shall not be a state government employee. Two members of the board shall be appointed by the president of the senate, one of whom shall be a member of the senate. One member shall be appointed by the minority leader of the senate and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the president shall not be a member of the general assembly and shall not be a state government employee. Five members of the board shall be appointed by the governor, three of whom shall not be members of the general assembly or state government employees.
2. The board shall develop a procedure to systematically and regularly review the functions and duties of all type 1 agencies in accordance with a schedule that the board shall devise. The board shall establish criteria for type 1 agencies to determine whether all existing type 1 agencies should continue as type 1 agencies and to evaluate the designation of proposed new type 1 agencies.
3. The board shall select a chairman from among its members, and it shall meet as often as necessary to carry out the duties specified in this section.

Source: L. 90: Entire article added, p. 1177, § 1, effective May 24. L. 96: (2) and (3) amended, p. 1271, § 203, effective August 7.

Cross references: For the legislative declaration contained in the 1996 act amending subsections (2) and (3), see section 1 of chapter 237, Session Laws of Colorado 1996.

24-1.7-101. Legislative declaration.

The general assembly hereby declares its support for local flexibility in the planning and delivery of health and human services and states its intent to foster continuing coordination, communication, and collaboration at the local level. The general assembly further states its support for local decisions to utilize people and resources at the local level in a more efficient, effective, and economical manner through consolidation of local advisory boards. The general assembly further declares its intent to streamline local planning and community input mechanisms.

Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1.

Editor's note: This section is similar to former §§ 24-1.7-101 and 24-1.7-401 as they existed prior to 1997.

24-1.7-102. Local health and human services advisory boards - creation - functions.

1. In order to accomplish the intent of prior legislation on human services delivery that there be an ongoing process or forum for continued coordination and collaboration at the local level concerning the delivery of human services, this article authorizes the creation of local health and human services advisory boards. A local health and human services advisory board may serve a single county, two or more counties jointly, one or more judicial districts, or other service areas. Members of an advisory board shall be appointed by the governing body or bodies of the counties included. Membership shall be locally determined and shall include appropriate geographic, ethnic, and cultural representation and representation from the public and from consumers of services. Membership shall also include persons who have program expertise for the types of programs the advisory board advises.
2. In addition to, in combination with, or in lieu of creating a local health and human services advisory board, a county, judicial district, or other service area may elect to consolidate its advisory board with that of one or more other counties, judicial districts, or service areas as specified in section 24-1.7-103.

Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1.

Editor's note: This section is similar to former §§ 24-1.7-201 and 24-1.7-402 to 24-1.7-404 as they existed prior to 1997.

24-1.7-103. Consolidation of local boards - process - requirements.

1. The general assembly hereby finds that there are many advisory types of boards in the human services delivery system that have similar functions and purposes and have members with similar qualifications and expertise. The general assembly finds that greater efficiency and flexibility would be achieved by allowing counties, judicial districts, and other service areas to combine and consolidate some or all of these boards into one board that serves as a broad-based local planning group and carries out all of the functions and responsibilities of the previous boards through a consolidated board.
2. Any combination of the following boards or groups may be consolidated into a single advisory board:
   1. Placement alternatives commissions, created pursuant to section 19-1-116 (2)(a), C.R.S.;
   2. Juvenile community review boards, as defined in section 19-2.5-102 and described in section 19-2.5-1402;
   3. Local juvenile services planning committees, created pursuant to section 19-2.5-302;
   4. Child protection teams, if such a team is created pursuant to section 19-3-308 (6)(a);
   5. Family preservation commissions, established pursuant to section 26-5.5-106, C.R.S.;
   6. A local health and human services advisory board, created pursuant to section 24-1.7-102.
3. The consolidation of, and appointments to, local boards or groups that have different appointing authorities set in statute, are subject to the agreement of each appointing authority. Each of the separate functions and responsibilities of each board or group as specified in statute must continue to be met by the consolidated board.

Source: L. 97: Entire article R&RE, p. 1182, § 1, effective July 1. L. 2017: (2)(d) amended, (SB 17-016), ch. 107, p. 392, § 5, effective August 9. L. 2021: (2)(b) and (2)(c) amended, (SB 21-059), ch. 136, p. 742, § 105, effective October 1.

Editor's note: This section is similar to former § 24-1.7-103 as it existed prior to 1997.

24-1.9-101. Legislative declaration.

1. The general assembly hereby finds that children and families often benefit from treatment and services that involve multiple agencies, divisions, units, and sections of departments at the state and county level.
2. The general assembly further finds that the development of a uniform system of collaborative management is necessary for agencies at the state and county levels to effectively and efficiently collaborate to share resources or to manage and integrate the treatment and services provided to children and families who would benefit from multi-agency services.
3. 1. The development of a more uniform system of collaborative management that includes the input, expertise, and active participation of parent advocacy or family advocacy organizations may reduce duplication and eliminate fragmentation of services; increase the quality, appropriateness, and effectiveness of services provided; encourage cost sharing among service providers; and ultimately lead to better outcomes and cost-reduction for the services provided to children and families in the state of Colorado.
   2. In addition, the general fund moneys saved through utilizing a collaborative approach and consolidating various sources of agency funding will allow for reinvestment of these moneys by the agencies participating in the systems of collaborative management to provide appropriate support to children and families who would benefit from collaborative management of treatment and services.
4. The general assembly therefore finds that because a collaborative approach may lead to the provision of more appropriate and effective delivery of services to children and families and may ultimately allow the agencies providing treatment and services to provide appropriate services to children and families within existing consolidated resources, it is in the best interests of the state of Colorado to establish systems of collaborative management of multi-agency services provided to children and families.

Source: L. 2004: Entire article added, p. 1547, § 1, effective May 28. L. 2015: (1), (2), and (3)(a) amended, (SB 15-241), ch. 140, p. 425, § 1, effective May 1.

24-1.9-102. Memorandum of understanding - local-level interagency oversight groups - individualized service and support teams - coordination of services for children and families - requirements - waiver.

1. 1. Local representatives of each of the agencies specified in this subsection (1)(a) and county departments of human or social services may enter into memorandums of understanding that are designed to promote a collaborative system of local-level interagency oversight groups and individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multi-agency services. The memorandums of understanding entered into pursuant to this subsection (1) must be between interested county departments of human or social services and local representatives of each of the following agencies or entities:
      1. The local judicial districts, including probation services;
      2. The health department, whether a county or district public health agency;
      3. The local school district or school districts;
      4. Each community mental health center;
      5. Each behavioral health organization;
      6. The division of youth services;
      7. A designated managed service organization for the provision of treatment services for alcohol and drug abuse pursuant to section 27-80-107, C.R.S.; and
      8. A domestic abuse program as defined in section 26-7.5-102, C.R.S., if representation from such a program is available.
   2. In addition to the parties specified in paragraph (a) of this subsection (1), the memorandums of understanding entered into pursuant to this subsection (1) may include family resource centers created pursuant to article 18 of title 26, C.R.S.
   3. The general assembly strongly encourages the agencies specified in paragraphs (a) and (a.5) of this subsection (1) to enter into memorandums of understanding that are regional.
   4. Notwithstanding the provisions of subsection (1)(b) of this section, the agencies specified in subsections (1)(a) and (1)(a.5) of this section may enter into memorandums of understanding involving only one or more county departments of human or social services, not necessarily by region, as may be appropriate to ensure the effectiveness of local-level interagency oversight groups and individualized service and support teams in the county or counties.
   5. In developing the memorandums of understanding, the general assembly strongly encourages the parties to the memorandums of understanding to seek input, support, and collaboration from key stakeholders in the private and nonprofit sector, as well as parent advocacy or family advocacy organizations that represent family members or caregivers of children who would benefit from multi-agency services.
   6. Nothing precludes the agencies specified in subsections (1)(a) and (1)(a.5) of this section from including parties in addition to the agencies specified in subsections (1)(a) and (1)(a.5) of this section in the memorandums of understanding developed for purposes of this section, and which may include the local juvenile services planning committee as described in section 19-2.5-302.

   (1.5) The department of human services shall ensure a uniform system of collaborative management that results in statewide consistency with respect to the requirements for program memorandums of understanding pursuant to this article.

2. 1. Each memorandum of understanding entered into shall include, but is not limited to, the requirements specified in paragraphs (b) to (j) of this subsection (2). On or before October 1, 2004, utilizing moneys in the performance incentive cash fund created in section 26-5-105.5 (3.2)(a), C.R.S., the state department of human services, in conjunction with the judicial department, shall develop and make available to the parties specified in paragraph (a) of subsection (1) of this section, a model memorandum of understanding based on the requirements specified in paragraphs (b) to (j) of this subsection (2).
   2. Identification of services and funding sources. The memorandum of understanding must specify the legal responsibilities and funding sources of each party to the memorandum of understanding as those responsibilities and funding sources relate to children and families who would benefit from integrated multi-agency services, including the identification of the specific services that may be provided. Specific services that may be provided may include, but are not limited to: Prevention, intervention, and treatment services; family preservation services; family stabilization services; out-of-home placement services; services for children at imminent risk of out-of-home placement; probation services; services for children with behavioral or mental health disorders; public assistance services; medical assistance services; child welfare services; and any additional services the parties deem necessary to identify.
   3. Definition of the population to be served. The memorandum of understanding must include a functional definition of "children and families who would benefit from integrated multi-agency services". The collaborative management program target population consists of at-risk children and youth from birth to twenty-one years of age, or families of children or youth, who would benefit from a multi-system integrated service plan that may include prevention, intervention, and treatment services.
   4. Creation of an oversight group. The memorandum of understanding shall create a local-level interagency oversight group and identify the oversight group's membership requirements, procedures for selection of officers, procedures for resolving disputes by a majority vote of those members authorized to vote, and procedures for establishing any necessary subcommittees of the interagency oversight group. Each interagency oversight group shall include a local representative of each party to the memorandum of understanding specified in paragraphs (a) and (a.5) of subsection (1) of this section, each of whom shall be a voting member of the interagency oversight group. In addition, the interagency oversight group may include, but is not limited to, the following advisory nonvoting members:
      1. Representatives of interested local private sector entities; and
      2. Family members or caregivers of children who would benefit from integrated multi-agency services or current or previous consumers of integrated multi-agency services.
   5. Establishment of collaborative management processes. The memorandum of understanding shall require the interagency oversight group to establish collaborative management processes to be utilized by individualized service and support teams authorized pursuant to paragraph (f) of this subsection (2) when providing services to children and families served by the parties to the memorandum of understanding. The collaborative management processes required to be established by the interagency oversight group shall address risk-sharing, resource-pooling, performance expectations, outcome-monitoring, and staff-training, and shall be designed to do the following:
      1. Reduce duplication and eliminate fragmentation of services provided to children or families who would benefit from integrated multi-agency services;
      2. Increase the quality, appropriateness, and effectiveness of services delivered to children or families who would benefit from integrated multi-agency services to achieve better outcomes for these children and families; and
      3. Encourage cost sharing among service providers.
   6. Authorization to create individualized service and support teams. The memorandum of understanding shall include authorization for the interagency oversight group to establish individualized service and support teams to develop a service and support plan and to provide services to children and families who would benefit from integrated multi-agency services.
   7. Authorization to contribute resources and funding. The memorandum of understanding shall specify that each party to the memorandum of understanding has the authority to contribute time, resources, and funding to solve problems identified by the local-level interagency oversight group in order to create a seamless, collaborative system of delivering multi-agency services to children and families, upon approval by the head or director of each agency or department specified in paragraphs (a) and (a.5) of subsection (1) of this section.
   8. Reinvestment of money saved to serve additional children and families. The memorandum of understanding must require the interagency oversight group to create a procedure, subject to approval by the head or director of each agency or department specified in subsections (1)(a) and (1)(a.5) of this section, to allow any money resulting from waivers granted by the federal government, any local funds, and any state general fund money appropriated to the program to be used to provide services to children and families who would benefit from integrated multi-agency services, as the population is defined by the memorandum of understanding pursuant to subsection (2)(c) of this section.
   9. Performance-based measures. The department of human services and the persons specified in section 24-1.9-103 (2)(b) shall develop performance measures for the system of collaborative management, which measures may be modified biennially to ensure that the measures remain valid. The memorandum of understanding must identify performance measures developed pursuant to this paragraph (i). If the parties to the memorandum of understanding meet the identified performance measures, the memorandum of understanding must require the interagency oversight group to create a procedure, subject to the approval of the head or director of each agency or department specified in paragraphs (a) and (a.5) of subsection (1) of this section, to allow any incentive moneys received by the department of human services and allocated pursuant to section 24-1.9-104 to be reinvested by the parties to the memorandum of understanding to provide appropriate services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to paragraph (c) of this subsection (2). The parties to a memorandum of understanding shall report annually to the department of human services on the performance measures identified in the parties' memorandum of understanding pursuant to this paragraph (i).
   10. Confidentiality compliance. The memorandum of understanding shall include a provision specifying that state and federal law concerning confidentiality shall be followed and that records used or developed by the interagency oversight group or its members or the individualized service and support teams that relate to a particular person are to be kept confidential and may not be released to any other person or agency except as provided by law.
3. Each department or division, section, unit, or agency within a department that is a party to the memorandum of understanding shall enter into the memorandum of understanding and all revisions to the memorandum. Revisions to the memorandum shall be developed as necessary to reflect department reorganizations or statutory changes affecting the departments that are parties to the memorandum.
4. The departments and agencies that provide oversight to the parties to the memorandum of understanding specified in paragraphs (a) and (a.5) of subsection (1) of this section are authorized to issue waivers of any rules to which the departments and agencies are subject and that would prevent the departments from effective implementation of the memorandums of understanding; however, the departments and agencies are prohibited from waiving a rule in violation of federal law or that would compromise the safety of a child.

Source: L. 2004: Entire article added, p. 1548, § 1, effective May 28. L. 2008: IP(1)(a), (1)(a)(IV), (1)(a)(V), and (2)(h) amended and (1)(a)(VI) and (1)(a)(VII) added, p. 1529, § 1, effective May 28. L. 2009: (1)(a)(VI) and (1)(a)(VII) amended and (1)(a)(VIII) added, (HB 09-1007), ch. 32, p. 137, § 1, effective August 5. L. 2010: (1)(a)(VII) amended, (SB 10-175), ch. 188, p. 795, § 51, effective April 29; (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4) amended, (SB 10-007), ch. 148, p. 510, § 2, effective August 11; (1)(a)(II) amended, (HB 10-1422), ch. 419, p. 2081, § 59, effective August 11. L. 2015: (1.5) added and (2)(c), (2)(h)(I), and (2)(i) amended, (SB 15-241), ch. 140, p. 426, § 2, effective May 1. L. 2017: (2)(b) amended, (SB 17-242), ch. 263, p. 1320, § 176, effective May 25; IP(1)(a) and (1)(a)(VI) amended, (HB 17-1329), ch. 381, p. 1981, § 51, effective June 6. L. 2018: (1)(e) amended, (SB 18-154), ch. 161, p. 1125, § 3, effective April 25; (2)(h) amended, (SB 18-254), ch. 216, p. 1373, § 2, effective May 18; IP(1)(a) and (1)(c) amended, (SB 18-092), ch. 38, p. 439, § 94, effective August 8. L. 2021: (1)(e) amended, (SB 21-059), ch. 136, p. 742, § 106, effective October 1.

Editor's note: Amendments to subsection (1)(a)(II) by House Bill 10-1422 and Senate Bill 10-007 were harmonized. Amendments to subsection (1)(a)(VII) by Senate Bill 10-007 and Senate Bill 10-175 were harmonized.

Cross references: (1) For the legislative declaration in the 2010 act amending subsections (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4), see section 1 of chapter 148, Session Laws of Colorado 2010.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

(3) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

24-1.9-102.5. Evaluation.

The department of human services shall ensure that an annual external evaluation of the statewide program and each county or regional program is conducted by an independent outside entity. The department may contract with the outside entity to conduct an external evaluation of those counties that opted not to participate in the collaborative management program. The department of human services shall utilize moneys in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, or any general fund moneys appropriated for this purpose, for annual external evaluations of the counties participating in memorandums of understanding pursuant to section 24-1.9-102, also known as the collaborative management program, as well as external evaluations as determined by the department of human services of those counties that opted to not participate in the collaborative management program. The annual external evaluation must include any evaluation that may be required in connection with a waiver authorized pursuant to section 24-1.9-102 (4) and an evaluation of whether the parties to a collaborative management program have successfully met or exceeded the performance measures identified in the parties' memorandum of understanding pursuant to section 24-1.9-102 (2)(i). Each county participating in the collaborative management program shall participate fully in the annual external evaluation.

Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2010: Entire section amended, (SB 10-007), ch. 148, p. 512, § 3, effective August 11. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 3, effective May 1.

Cross references: For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 148, Session Laws of Colorado 2010.

24-1.9-102.7. Technical assistance.

The department of human services shall develop and implement training for counties participating in or interested in participating in the collaborative management program. The department of human services shall utilize moneys in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, or any general fund moneys appropriated for this purpose, to develop and implement training for counties. The training shall identify management strategies to collaborate effectively and efficiently to share resources or to manage and integrate the treatment and services provided to children and families receiving collaborative management services pursuant to this article.

Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 4, effective May 1.

24-1.9-103. Reports - executive director review.

1. Commencing January 1, 2007, and on or before each January 1 thereafter, each interagency oversight group shall provide a report to the executive director of each department and agency that is a party to any memorandum of understanding entered into that includes:
   1. The number of children and families served through the local-level individualized service and support teams and the outcomes of the services provided, including a description of any reduction in duplication or fragmentation of services provided and a description of any significant improvement in outcomes for children and families;
   2. A description of estimated costs of implementing the collaborative management approach and any estimated cost-shifting or cost-savings that may have occurred by collaboratively managing the multi-agency services provided through the individualized service and support teams;
   3. An accounting of moneys that were reinvested in additional services provided to children or families who would benefit from integrated multi-agency services due to cost-savings that may have resulted or due to meeting or exceeding performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i);
   4. A description of any identified barriers to the ability of the state and county to provide effective services to persons who received multi-agency services; and
   5. Any other information relevant to improving the delivery of services to persons who would benefit from multi-agency services.
2. 1. Utilizing the reports created pursuant to subsection (1) of this section, the persons specified in paragraph (b) of this subsection (2) shall meet at least annually with the governor, or his or her designee, to review the activities and progress of counties and agencies engaged in collaborative management of multi-agency services provided to children and families. The purpose of the meeting shall be to identify barriers encountered in collaborative management development or implementation or reinvestment of moneys and to discuss and effectuate solutions to these barriers to achieve greater efficiencies and better outcomes for the state, for local communities, and for persons who would benefit from multi-agency services.
   2. The following persons or their designees shall attend the annual meeting required pursuant to subsection (2)(a) of this section:
      1. The commissioner of education;
      2. A superintendent of a school district that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such superintendent is selected by the commissioner of education;
      3. A director of a county department of human or social services that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such director is selected by the executive director of the state department of human services;
      4. The executive director of the department of health care policy and financing;
      5. The executive director of the department of human services;
      6. A director of a local mental health center that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such director is selected by the executive director of the department of human services;
      7. A representative from a statewide parent advocacy or family advocacy organization who participated in the development of a memorandum of understanding, as such representative is selected by a director of a county department of human or social services chosen by the state department of human services;
      8. The executive director of the department of public health and environment; and
      9. The chief justice of the Colorado supreme court.

Source: L. 2004: Entire article added, p. 1552, § 1, effective May 28. L. 2015: (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI) amended, (SB 15-241), ch. 140, p. 428, § 5, effective May 1. L. 2018: IP(2)(b), (2)(b)(III), and (2)(b)(VII) amended, (SB 18-092), ch. 38, p. 439, § 95, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

24-1.9-104. Cash fund - creation - grants, gifts, and donations.

1. On July 1, 2005, there shall be created in the state treasury the performance-based collaborative management incentive cash fund, which shall be referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the department of human services for state fiscal year 2005-06 and each fiscal year thereafter. The fund shall consist of moneys received from docket fees in civil actions and transferred as specified in section 13-32-101 (5)(a)(II), C.R.S.
2. The executive director of the department of human services is authorized to accept and expend on behalf of the state any grants, gifts, or donations from any private or public source for the purposes of this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to moneys credited pursuant to subsection (1) of this section and any moneys that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state or any other fund at the end of any fiscal year.

   (2.5) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct three hundred thousand dollars from the fund and transfer such sum to the general fund.

3. 1. On and after July 1, 2005, the executive director of the department of human services shall allocate the moneys in the fund, and any general fund moneys appropriated for this purpose, to provide incentives to parties to a memorandum of understanding who have agreed to performance-based collaborative management pursuant to section 24-1.9-102 (2)(i) and who, based upon the annual report to the department of human services pursuant to section 24-1.9-102 (2)(i), have successfully met or exceeded the performance measures identified in the parties' memorandum of understanding pursuant to section 24-1.9-102 (2)(i). The incentives shall be used to provide services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to section 24-1.9-102 (2)(c).
   2. On and after July 1, 2008, the executive director of the department of human services is authorized to allocate moneys in the fund, and any general fund moneys appropriated for this purpose, to be used to cover the direct and indirect costs of the external evaluation of the performance-based collaborative management program described in section 24-1.9-102 and the technical assistance and training for counties as described in section 24-1.9-102.7.
   3. For purposes of allocating incentive moneys pursuant to this subsection (3), the executive director of the department of human services shall submit an accounting of moneys in the fund available for incentives, and any general fund moneys appropriated for this purpose, and a proposal for the allocation of incentive moneys to the state board of human services for review and approval prior to the allocation of the moneys. The state board of human services shall approve the proposal not later than thirty days after receipt of the proposal from the executive director of the department of human services.

Source: L. 2004: Entire article added, p. 1554, § 1, effective May 28. L. 2008: (3)(a.5) added, p. 1531, § 3, effective May 28. L. 2009: (2.5) added, (SB 09-279), ch. 367, p. 1926, § 7, effective June 1. L. 2011: (1) amended, (HB 11-1303), ch. 264, p. 1164, § 54, effective August 10. L. 2015: (3) amended, (SB 15-241), ch. 140, p. 428, § 6, effective May 1; (1) amended, (SB 15-264), ch. 259, p. 958, § 60, effective August 5.

24-2-101. Application.

The provisions of this article, parts 2 and 11 of article 30, and articles 31, 35, and 36 of this title shall not be construed to apply to the judiciary nor the legislature, except when expressly specified.

Source: L. 41: p. 35, § 2. CSA: C. 3, § 2. CRS 53: § 3-1-2. C.R.S. 1963: § 3-1-2. L. 68: p. 138, § 175. L. 2001: Entire section amended, p. 1273, § 29, effective June 5.

24-2-102. Appointment of officers and employees.

1. Except as otherwise provided by law, such officers and employees as may be necessary in each principal department or institution of higher education shall be appointed by the head of each such department or institution in conformity with section 13 of article XII of the constitution of the state and the laws enacted in accordance therewith.
2. The head of each principal department shall certify to the governor the number of officers and employees needed or required for the operation of his or her department for the ensuing twelve-month period in accordance with article 37 of this title.
3. If, after appointments have been made to any principal department, the governor is of the opinion that the appointed personnel of any such department is in excess of its needs, the governor may require the separation of any of said appointees if ten days' prior notice of the proposed action is given by the governor to the head of any such department affected and opportunity given to such head within said ten-day period to be heard as to the necessity for the retention of all or any of said appointees proposed to be separated. The decision of the governor after such hearing shall be final and conclusive.
4. If, during any fiscal period, there are not sufficient revenues available for expenditure during such period to carry on the functions of the state government and to support its agencies and institutions and such fact is made to appear to the governor, in the exercise of his discretion, by executive order, he may suspend or discontinue, in whole or in part, the functions or services of any department, board, bureau, or agency of the state government; except that the authority of the governor to restrict the expenditure of moneys appropriated from the capital construction fund shall be determined by the provisions of section 24-75-201.5. Such discontinuance or suspension shall become effective upon the first day of the calendar month following the entry of such executive order and shall continue for such period of time, not to exceed three months, as shall be determined by such executive order. If, during any such period of time, it again appears to the governor that such deficiency of revenues still persists, from time to time, he may extend the operation of such executive order for a like period of time not to exceed three months; but the state shall not be liable for the payment of any claim for salaries or expenses purporting to have accrued against any such department, board, bureau, or agency during any such period of suspension, and the controller shall not issue nor may the state treasurer honor any warrant therefor. Elective officers shall not be subject to the provisions of this article, parts 2 and 11 of article 30, and articles 31, 35, 36, and 101 to 111 of this title.

Source: L. 41: p. 37, § 5. CSA: C. 3, §§ 5, 6. CRS 53: § 3-1-5. C.R.S. 1963: § 3-1-4. L. 68: p. 137, § 171. L. 72: p. 182, §§ 2, 3. L. 81: (4) amended, p. 1286, § 4, effective January 1, 1982. L. 91: (4) amended, p. 805, § 2, effective July 1. L. 95: (4) amended, p. 1103, § 35, effective May 31. L. 99: (1) amended, p. 164, § 23, effective August 4. L. 2004: (1) and (2) amended, p. 1693, § 29, effective July 1, 2005.

Cross references: For power of the head of a principal department to discontinue divisions, sections, or units other than those created by law, see § 24-1-107.

24-2-103. Compensation of heads of departments and other officers and employees.

1. 1. Except as provided in paragraph (b) of this subsection (1), officers and employees of the state who are exempt from the state personnel system shall receive compensation as fixed by law. Any officer or employee who receives compensation as fixed by law shall not receive compensation or fees from more than one department or institution of higher education or in more than one capacity; except that the lieutenant governor may be compensated for any additional duties and functions relating to a department or institution of higher education as may be authorized by law.
   2. If the compensation of an officer or employee who is exempt from the state personnel system is not fixed by law, the officer's or employee's compensation shall be determined as follows:
      1. The governor shall determine the compensation for the head of each principal department, and the head of each principal department shall determine the compensation for officers and employees of the department.
      2. The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., shall determine the compensation for the head of the institution, and the head of each institution shall determine the compensation for officers and employees of the institution.
   3. Officers and employees in the state personnel system shall receive compensation pursuant to section 13 of article XII of the state constitution and the compensation system established by the state personnel director pursuant to article 50 of this title. Officers and employees in the state personnel system shall not receive compensation or fees from more than one department or institution of higher education except as permitted by rules adopted by the state personnel director in accordance with article 4 of this title that are consistent with the overtime provisions of section 24-50-104.5.
   4. Nothing in this subsection (1) shall prevent departments and institutions of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., from sharing personnel if the terms and conditions of the personnel sharing agreement are in writing and include a provision concerning the distribution of compensation.
2. Upon declaration of a fiscal emergency made pursuant to section 24-50-109.5 (1) and the subsequent imposition of mandatory furloughs or other measures to reduce personnel expenditures, such measures shall apply not only to state personnel system employees but shall be likewise imposed upon all other officers and employees of the executive branch, if exempt from the state personnel system, except as otherwise provided by law or prohibited by contract.

Source: L. 41: p. 39, § 6. CSA: C. 3, § 7. CRS 53: § 3-1-6. L. 61: p. 128, § 1. C.R.S. 1963: § 3-1-5. L. 68: p. 138, § 172. L. 73: p. 166, § 1. L. 83: Entire section amended, p. 848, § 1, effective May 31. L. 2004: (1) R&RE, p. 1536, § 1, effective May 28. L. 2011: (1)(a) amended, (HB 11-1155), ch. 90, p. 265, § 2, effective April 6. L. 2012: (1)(b)(II) and (1)(d) amended, (HB 12-1081), ch. 210, p. 903, § 4, effective August 8.

24-2-104. Bonds. (Repealed)

Source: L. 41: p. 39, § 7. CSA: C. 3, § 8. CRS 53: § 3-1-7. C.R.S. 1963: § 3-1-6. L. 68: p. 138, § 173. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 462, § 2, effective August 8.

Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.

24-2-105. Rules and regulations.

The head of each principal department is empowered, subject to the written approval of the governor, to prescribe rules and regulations, not inconsistent with law, for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.

Source: L. 41: p. 39, § 8. CSA: C. 3, § 8. CRS 53: § 3-1-8. C.R.S. 1963: § 3-1-7. L. 68: p. 138, § 174.

Cross references: For rule-making procedures, see article 4 of this title.

24-2-106. Restriction of number of employees.

It is the duty of the governor as the supreme executive power of the state to restrict the number of employees in the various offices, boards, divisions, and agencies of the executive department to the lowest number required for efficient operation thereof. In making any appointment or in approving any appointment made by any other official of the executive department, the governor shall certify in writing that he deems such appointment necessary and for the best interests of the public service. In the exercise of his responsibility, the governor may delegate in writing to some other official the power to approve or disapprove appointments made by other officials of the executive department, subject always to final review by the governor at his option.

Source: L. 41: p. 51, § 10. CSA: C. 3, § 10. CRS 53: § 3-2-2. L. 63: p. 121, § 2. C.R.S. 1963: § 3-2-2.

24-2-107. Transfer of employees.

For the purpose of providing necessary flexibility to meet working conditions and seasonal demands, the governor has power, when he is of the opinion and so certifies in writing that it is necessary or desirable so to do, to transfer any employee of any office, board, division, or agency of the state government to any other office, board, division, or agency of the state government for such time as in the opinion of the governor is necessary.

Source: L. 41: p. 51, § 11. CSA: C. 3, § 11. CRS 53: § 3-2-3. L. 63: p. 121, § 3. C.R.S. 1963: § 3-2-3.

24-2-108. Departments to share information and mailings.

For the convenience of the citizens of this state and to promote economy in state government, it is the intent of the general assembly that all principal departments, when feasible and not contrary to federal or state law, shall share as much information as possible and, when reasonably feasible to do so, shall coordinate forms, both federal and state, and shall eliminate multiple mailings to addressees.

Source: L. 77: Entire section added, p. 1133, § 1, effective May 24.

Cross references: For the "Information Coordination Act", see § 24-1-136.

24-3-101. Agency defined.

As used in this article, the term "agency" means every agency in the executive branch of the state government which is required by the constitution or statutes of the state to exercise discretion or to perform judicial or quasi-judicial functions. As so qualified, the term "agency" includes, but is not limited to, boards, commissions, departments, divisions, offices, and officers.

Source: L. 57: p. 118, § 1. CRS 53: § 3-2-4. C.R.S. 1963: § 3-2-4.

24-3-102. Party in original action.

1. Except as otherwise specifically provided and subject to applicable provisions of the constitution, statutes, and rules of civil procedure of the state of Colorado, every agency is authorized:
   1. To institute and appear as a party in original actions in the supreme court of the state of Colorado and the United States supreme court in all causes, matters, and proceedings involving the functions and duties of such agency where such courts have original jurisdiction;
   2. To prosecute appeals in all cases, causes, matters, and proceedings in which such agency is a party in the courts of this state and its subdivisions, federal courts, and courts in other jurisdictions.

Source: L. 57: p. 118, § 2. CRS 53: § 3-2-5. C.R.S. 1963: § 3-2-5.

24-3-103. Provisions procedural and remedial.

The provisions of this article shall be construed as procedural and remedial and shall not be construed as extending, conferring, or granting such agencies any substantive powers, duties, or functions, nor shall this article be construed as granting permission to sue the sovereign state of Colorado or any agency thereof.

Source: L. 57: p. 119, § 4. CRS 53: § 3-2-7. C.R.S. 1963: § 3-2-7.

24-3.5-101. Legislative declaration relating to meetings of state boards and commissions.

The general assembly declares that public participation in government produces better government; therefore, to promote as much public participation in government as possible, every state board and commission established by law is encouraged to hold at least one-third of its regularly scheduled meetings outside the Denver metropolitan area each year, taking their budgetary constraints into account.

Source: L. 75: Entire article added, p. 791, § 1, effective June 20.

Cross references: For the open meetings law, see part 4 of article 6 of this title.

24-3.7-101. Statutory language required for creation of state boards and commissions.

When the general assembly statutorily creates any board or commission in state government, such statutory provision shall specify a termination date for such board or commission, the appointing authority for each member, any requirement for senate confirmation of appointments, the number and type of members, any per diem or allowance for expenses, the state department in which the board or commission shall be located, any explicit powers possessed by such board or commission, including but not limited to advisory authority, rule-making authority, or authority regarding the control of revenues, and any staffing, funding, or reporting requirements.

Source: L. 91: Entire article added, p. 834, § 1, effective March 29.

24-3.7-102. Best practices for state boards and commissions.

1. Notwithstanding any law to the contrary, commencing January 1, 2019, each statutorily created board or commission in state government, not including a special purpose authority as defined in section 24-77-102 (15), shall implement written policies or bylaws and obtain annual training on:
   1. Understanding and operating within the limits of statutory directives, legislative intent, and any specific directions or laws related to the board or commission's establishment and its powers and duties;
   2. Defining the board or commission's mission or role in the oversight of projects or entities approved to receive public funding, if applicable;
   3. Understanding the goals of the programs the board or commission oversees, and aligning the board or commission's processes with those goals;
   4. Identifying and managing conflicts of interest;
   5. Understanding the requirements of the "Colorado Open Records Act", part 2 of article 72 of this title 24, and the open meetings law, part 4 of article 6 of this title 24;
   6. Setting parameters regarding board or commission staff's duties relative to the board or commission's mission or role;
   7. Identifying and securing sufficient data in order for the board or commission to make informed decisions;
   8. Ensuring the appropriate involvement of members in the review of key communications and in any policy-making activities;
   9. Ensuring members act in accordance with their roles as public representatives;
   10. Coordinating with other boards or commissions, industry, educational institutions, and state agencies where responsibilities and interests overlap; and
   11. Annually reviewing management practices to ensure best practices are utilized.
2. Each state agency responsible for a statutorily created board or commission shall ensure that the state board or commission obtains the annual training and implements the written policies specified in subsection (1) of this section.

Source: L. 2018: Entire section added, (HB 18-1198), ch. 145, p. 930, § 1, effective August 8.

24-4-101. Short title.

This article shall be known and may be cited as the "State Administrative Procedure Act".

Source: L. 69: p. 91, § 8. C.R.S. 1963: § 3-16-7.

24-4-101.5. Legislative declaration.

The general assembly finds that an agency should not regulate or restrict the freedom of any person to conduct his or her affairs, use his or her property, or deal with others on mutually agreeable terms unless it finds, after a full consideration of the effects of the agency action, that the action would benefit the public interest and encourage the benefits of a free enterprise system for the citizens of this state. The general assembly also finds that many government programs may be adopted without stating the direct and indirect costs to consumers and businesses and without consideration of such costs in relation to the benefits to be derived from the programs. The general assembly further recognizes that agency action taken without evaluation of its economic impact may have unintended effects, which may include barriers to competition, reduced economic efficiency, reduced consumer choice, increased producer and consumer costs, and restrictions on employment. The general assembly further finds that agency rules can negatively impact the state's business climate by impeding the ability of local businesses to compete with out-of-state businesses, by discouraging new or existing businesses from moving to this state, and by hindering economic competitiveness and job creation. Accordingly, it is the continuing responsibility of agencies to analyze the economic impact of agency actions and reevaluate the economic impact of continuing agency actions to determine whether the actions promote the public interest.

Source: L. 77: Entire section added, p. 1134, § 1, effective May 31. L. 2003: Entire section amended, p. 2369, § 1, effective August 6.

24-4-102. Definitions.

As used in this article 4, unless the context otherwise requires:

1. "Action" includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. Any agency rule, order, license, sanction, relief, or the equivalent or denial thereof which constitutes final agency action shall include a list of all parties to the agency proceeding and shall specify the date on which the action becomes effective.
2. "Adjudication" means the procedure used by an agency for the formulation, amendment, or repeal of an order and includes licensing.
3. "Agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except:
   1. State educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23;
   2. Repealed.
   3. The adjutant general of the National Guard, whose powers and duties are set forth in section 28-3-106, C.R.S.

   (3.5) "Aggrieved", for the purpose of judicial review of rule-making, means having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.

4. "Counsel" means an attorney admitted to practice before the supreme court of this state.
5. "Decision" means the determinative action in adjudication and includes order, opinion, sanction, and relief.

   (5.5) "Economic competitiveness" means the ability of the state of Colorado to attract new business and the ability of the businesses currently operating in Colorado to create new jobs and raise productivity.

6. "Initial decision" means a decision made by a hearing officer or administrative law judge which will become the action of the agency unless reviewed by the agency.

   (6.2) "Interested person" includes any person who may be aggrieved by agency action.

   (6.5) "Legislative committees of reference" means the committees established by the rules of the house of representatives and rules of the senate of the general assembly having jurisdiction over subject matter regulated by state agencies.

7. "License" includes the whole or any part of any agency permit, certificate, registration, charter, membership, or statutory exemption.
8. "Licensing" includes the procedure used by an agency respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license.
9. "Opinion" means the statement of reasons, findings of fact, and conclusions of law in explanation or support of an order.
10. "Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) by any agency in any matter other than rule-making.
11. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding subject to the provisions of this article.
12. "Person" includes an individual, limited liability company, partnership, corporation, association, county, and public or private organization of any character other than an agency.
13. "Proceeding" means any agency process for any rule or rule-making, order or adjudication, or license or licensing.
14. "Relief" includes the whole or any part of any agency grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; recognition of any claim, right, immunity, privilege, exemption, exception, or remedy; or any other action upon the application or petition of, and beneficial to, any person.

    (14.5) "Representative group" means a diverse group convened by an agency prior to rule-making or invited to participate in the rule-making hearing to give input and to comment on the effect of the proposed rules. The group should represent different points of view and may include representatives of persons, businesses, advocacy groups, trade associations, labor organizations, environmental advocacy groups, consumer advocates, or the regulated industry or profession affected negatively or positively by proposed rules.

15. "Rule" means the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice requirements of any agency. "Rule" includes "regulation".
16. "Rule-making" means agency process for the formulation, amendment, or repeal of a rule. "Rule-making" does not include a statutory citation correction authorized by section 24-4-103 (11)(l).
17. "Sanction" includes the whole or any part of any agency prohibition, requirement, limitation, or other condition affecting the freedom of any person; withholding of relief; imposition of any form of penalty or fine; destruction, taking, seizure, barring access to, or withholding of property; assessment of damages; reimbursement; restitution; compensation; costs; charges or fees; requirement; revocation or suspension of a license or the prescription or requirement of terms, conditions, or standards of conduct thereunder; or other compulsory or restrictive action.
18. "Small business" means a business with fewer than five hundred employees.

Source: L. 59: p. 158, § 1. CRS 53: § 3-16-1. C.R.S. 1963: § 3-16-1. L. 67: p. 300, § 1. L. 69: p. 81, § 1. L. 76: (4) amended and (6.5) added, p. 582, § 14, effective May 24. L. 79: (3.5) added and (12) amended, pp. 842, 843, §§ 1, 1, effective May 26. L. 81: (1) amended, p. 1133, § 1, effective June 6. L. 83: (3) amended, p. 962, § 7, effective July 1, 1984. L. 87: (6) amended, p. 961, § 64, effective March 13. L. 90: (12) amended, p. 447, § 8, effective April 18. L. 93: (6.2) added, p. 1325, § 1, effective June 6. L. 2002: (3) amended, p. 586, § 6, effective May 24. L. 2003: (5.5) and (18) added, p. 2370, § 2, effective August 6. L. 2012: (14.5) added, (HB 12-1008), ch. 182, p. 691, § 1, effective May 17; (3)(b) repealed, (HB 12-1283), ch. 240, p. 1133, § 44, effective July 1. L. 2013: (3)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 49, effective August 7. L. 2017: (16) amended, (HB 17-1006), ch. 31, p. 88, § 1, effective March 16. L. 2021: IP and (3)(a) amended, (HB 21-1264), ch. 308, p. 1876, § 16, effective June 23.

Cross references: (1) For the legislative declaration in the 2012 act repealing subsection (3)(b), see section 1 of chapter 240, Session Laws of Colorado 2012.

(2) For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.

24-4-103. Rule-making - procedure - definitions - statutory citation correction.

1. When any agency is required or permitted by law to make rules, in order to establish procedures and to accord interested persons an opportunity to participate therein, the provisions of this section shall be applicable. Except when notice or hearing is otherwise required by law, this section does not apply to interpretative rules or general statements of policy, which are not meant to be binding as rules, or rules of agency organization.

   (1.5) If an agency reinterprets an existing rule in a manner that is substantially different than previous agency interpretations of the rule or if there has been a change in a statute that affects the interpretation or the legality of a rule, the office of legislative legal services shall review the rule in the same manner as rules that have been newly adopted or amended under paragraph (d) of subsection (8) of this section upon receiving a request for such a review of the rule by any member of the general assembly.

2. When rule-making is contemplated, public announcement thereof may be made at such time and in such manner as the agency determines. The agency shall establish a representative group of participants with an interest in the subject of the rule-making to submit views or otherwise participate informally in conferences on the proposals under consideration or to participate in the public rule-making proceedings on the proposed rules. In establishing the representative group, the agency shall make diligent attempts to solicit input from representatives of each of the various stakeholder interests that may be affected positively or negatively by the proposed rules. If the agency convenes a representative group prior to issuing a notice of proposed rule-making as provided in paragraph (a) of subsection (3) of this section, the agency shall add those persons who participated in the representative group to the list of persons who receive notification of proposed rule-making as provided in paragraph (b) of subsection (3) of this section.
   1. (2.5) (a) At the time of filing a notice of proposed rule-making with the secretary of state as the secretary may require, an agency shall submit a draft of the proposed rule or the proposed amendment to an existing rule and a statement, in plain language, concerning the subject matter or purpose of the proposed rule or amendment to the office of the executive director in the department of regulatory agencies. The executive director, or his or her designee, shall distribute the proposed rule or amendment, the agency's statement concerning the subject matter or purpose of the proposed rule or amendment, and any cost-benefit analysis prepared pursuant to this section to all persons who have submitted a request to receive notices from the department of regulatory agencies about proposed rule-making. Any person may, within five days after publication of the notice of proposed rule-making in the Colorado register, request that the department of regulatory agencies require the agency submitting the proposed rule or amendment to prepare a cost-benefit analysis. The executive director, or his or her designee, shall determine, after consultation with the agency proposing the rule or amendment, whether to require the agency to prepare a cost-benefit analysis. If the executive director, or his or her designee, determines that a cost-benefit analysis is required, the agency shall complete a cost-benefit analysis at least ten days before the hearing on the rule or amendment, shall make the analysis available to the public by posting the analysis on the agency's official website, and shall submit a copy to the executive director or his or her designee. The executive director, or his or her designee, shall post the analysis on the department of regulatory agencies' official website. By filing an additional notice published in the Colorado register, the agency may postpone the hearing on the rule or amendment to comply with the requirement to complete the cost-benefit analysis at least ten days before the hearing. Failure to complete a requested cost-benefit analysis pursuant to this subsection (2.5) shall preclude the adoption of such rule or amendment. Such cost-benefit analysis shall include the following:
      1. The reason for the rule or amendment;
      2. The anticipated economic benefits of the rule or amendment, which shall include economic growth, the creation of new jobs, and increased economic competitiveness;
      3. The anticipated costs of the rule or amendment, which shall include the direct costs to the government to administer the rule or amendment and the direct and indirect costs to business and other entities required to comply with the rule or amendment;
      4. Any adverse effects on the economy, consumers, private markets, small businesses, job creation, and economic competitiveness; and
      5. At least two alternatives to the proposed rule or amendment that can be identified by the submitting agency or a member of the public, including the costs and benefits of pursuing each of the alternatives identified.
   2. The executive director, or his or her designee, shall study the cost-benefit analysis and may urge the agency to revise the rule or amendment to eliminate or reduce the negative economic impact. The executive director, or his or her designee, may inform the public about the negative impact of the proposed rule or the proposed amendment to an existing rule.
   3. Any proprietary information provided to the department of revenue by a business or trade association for the purpose of preparing a cost-benefit analysis shall be confidential.
   4. If the agency has made a good faith effort to comply with the requirements of paragraph (a) of this subsection (2.5), the rule or amendment shall not be invalidated on the ground that the contents of the cost-benefit analysis are insufficient or inaccurate.
   5. This subsection (2.5) shall not apply to orders, licenses, permits, adjudication, or rules affecting the direct reimbursement of vendors or providers with state funds.
   6. Repealed.
   7. Each state rule-making agency with a website containing rule-making information shall include the following information on its website:
      1. Information about the cost-benefit analysis process set forth in this subsection (2.5); and
      2. A link to the online regulatory notice enrollment form created by the executive director of the department of regulatory agencies or the executive director's designee and listed on the department's website.
   1. (2.7) (a) As used in this subsection (2.7):
      1. "Director" means the director of the office of state planning and budgeting.
      2. "State mandate" has the same meaning as set forth in section 29-1-304.5 (3)(d), C.R.S.
   2. No agency shall promulgate a rule creating a state mandate on a local government unless the agency complies with the requirements of section 29-1-304.5, C.R.S.
   3. 1. Except as provided in paragraph (g) of this subsection (2.7), beginning January 1, 2014, for each proposed rule that includes a state mandate, an agency shall provide to the director a description of:
         1. The proposed rule;
         2. The nature and extent of any consultations that the agency had with elected officials or other representatives of the local governments that would be affected by the proposed state mandate;
         3. The nature of any concerns of the elected officials or other representatives of the local governments;
         4. Any written communications or comments submitted to the agency by an elected official or other representative of a local government; and
         5. The agency's reasoning supporting the need to promulgate the rule containing the state mandate.
      2. The director shall review the information provided pursuant to subparagraph (I) of this paragraph (c) and, if it complies with the requirements of this paragraph (c), the director shall send a written notice of compliance to the agency. An agency shall not conduct a public rule-making proceeding unless the agency has received the written notice of compliance from the director.
   4. Each agency shall develop a process to actively solicit the meaningful and timely input of elected officials and other representatives of local governments into the development of proposed rules with state mandates affecting local governments. Each agency shall implement its process no later than January 1, 2014, and post the process on the agency's website.
   5. The executive director of each department shall be responsible for ensuring implementation of and compliance with this subsection (2.7).
   6. The general assembly shall appropriate any moneys necessary for the implementation of this subsection (2.7) to the office of state planning and budgeting in the annual general appropriation act for the fiscal year 2013-14.
   7. Beginning January 1, 2014, for each proposed rule of the state board of education that imposes a new state mandate or an increase in the level of service for an existing state mandate beyond that required by statute, the department of education shall comply with the provisions of paragraph (c) of this subsection (2.7).
3. 1. Notice of proposed rule-making shall be published as provided in subsection (11) of this section and shall state the time, place, and nature of public rule-making proceedings that shall not be held less than twenty days after such publication, the authority under which the rule is proposed, and either the terms or the substance of the proposed rule or a description of the subjects and issues involved.
   2. If the agency proposes a rule to increase fees or fines, at the time of giving notice of proposed rule-making or within ten days following the adoption of an emergency or temporary rule that increases fees or fines, the agency shall send a written or electronic notification to each member of the general assembly notifying the members of the general assembly of the proposed rule or the adoption of an emergency rule and specifying the amount of the increase in the fees or fines.
   3. Each rule-making agency shall maintain a list of all persons who request notification of proposed rule-making, including temporary or emergency rule-making. Any person on such list who requests a copy of the proposed rules shall submit to the agency a fee that shall be set by such agency based upon the agency's actual cost of copying and mailing the proposed rules to such person. All fees collected by the agency are hereby appropriated to the agency solely for the purpose of defraying such cost. On or before the date of the publication of notice of proposed rule-making in the Colorado register, the agency shall mail the notice of proposed rule-making to all persons on such list. If a person requests to be notified by electronic mail, notice is sufficient by such means if a copy of the proposed rules is attached or included in the electronic mail or if the electronic mail provides the location where the proposed rules may be viewed on the internet. No fees shall be charged for notification by electronic mail. A person may only request notification on his or her own behalf, and a request for notification by one person on behalf of another person need not be honored.
4. 1. At the place and time stated in the notice, the agency shall hold a public hearing at which it shall afford interested persons an opportunity to submit written data, views, or arguments and to present the same orally unless the agency deems it unnecessary. The agency shall consider all such submissions. Any proposed rule or revised proposed rule by an agency which is to be considered at the public hearing, together with a proposed statement of basis, specific statutory authority, purpose, and the regulatory analysis required in subsection (4.5) of this section, shall be made available to any person at least five days prior to said hearing. The rules promulgated by the agency shall be based on the record, which shall consist of proposed rules, evidence, exhibits, and other matters presented or considered, matters officially noticed, rulings on exceptions, any findings of fact and conclusions of law proposed by any party, and any written comments or briefs filed.
   2. Subject to the provisions of section 24-72-204 (3)(a)(IV), any study or other documentation utilized by an agency as the basis of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection. Subject to the provisions of section 24-72-204 (3)(a)(IV), all information, including, but not limited to, the conclusions and underlying research data from any studies, reports, published papers, and documents, used by the agency in the development of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection.
   3. All proposed rules shall be reviewed by the agency. No rule shall be adopted unless:
      1. The record of the rule-making proceeding demonstrates the need for the regulation;
      2. The proper statutory authority exists for the regulation;
      3. To the extent practicable, the regulation is clearly and simply stated so that its meaning will be understood by any party required to comply with the regulation;
      4. The regulation does not conflict with other provisions of law; and
      5. The duplication or overlapping of regulations is explained by the agency proposing the rule.
   4. Rules, as finally adopted, shall be consistent with the subject matter as set forth in the notice of proposed rule-making provided in subsection (11) of this section. After consideration of the relevant matter presented, the agency shall incorporate by reference on the rules adopted a written concise general statement of their basis, specific statutory authority, and purpose. The written statement of the basis, specific authority, regulatory analysis required by subsection (4.5) of this section, and purpose of a rule which involves scientific or technological issues shall include an evaluation of the scientific or technological rationale justifying the rule. Each agency shall maintain a copy of its currently effective rules and the current status of each published proposal for rules and minutes of all its action upon rules, as well as any attorney general's opinion rendered on any adopted or proposed rule. Such materials shall be available for inspection by any person during regular office hours.
   5. Within one hundred eighty days after the last public hearing on the proposed rule, the agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by publication of a notice to that effect in the Colorado register.
   1. (4.5) (a) Upon request of any person, at least fifteen days prior to the hearing, the agency shall issue a regulatory analysis of a proposed rule. The regulatory analysis shall contain:
      1. A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;
      2. To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons;
      3. The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;
      4. A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction;
      5. A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule; and
      6. A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule.
   2. Each regulatory analysis shall include quantification of the data to the extent practicable and shall take account of both short-term and long-term consequences.
   3. The regulatory analysis shall be available to the public at least five days prior to the rule-making hearing.
   4. If the agency has made a good faith effort to comply with the requirements of paragraphs (a) to (c) of this subsection (4.5), the rule shall not be invalidated on the ground that the contents of the regulatory analysis are insufficient or inaccurate.
   5. Nothing in paragraphs (a) to (c) of this subsection (4.5) shall limit an agency's discretionary authority to adopt or amend rules.
   6. The provisions of this subsection (4.5) shall not apply to rules and regulations promulgated by the department of revenue regarding the administration of any tax which is within the authority of said department.
5. A rule shall become effective twenty days after publication of the rule as finally adopted, as provided in subsection (11) of this section, or on such later date as is stated in the rule. Once a rule becomes effective, the rule-making process shall be deemed to have become final agency action for judicial review purposes.
6. 1. A temporary or emergency rule may be adopted without compliance with the procedures prescribed in subsection (4) of this section and with less than the twenty days' notice prescribed in subsection (3) of this section, or where circumstances imperatively require, without notice, only if the agency finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest and makes such a finding on the record. Such findings and a statement of the reasons for the action shall be published with the rule. A temporary or emergency rule may be adopted without compliance with subsections (2.5) and (2.7) of this section, but shall not become permanent without compliance with such subsections (2.5) and (2.7). A temporary or emergency rule shall become effective on adoption or on such later date as is stated in the rule, shall be published promptly, and shall have effect for not more than one hundred twenty days after its adoption or for such shorter period as may be specifically provided by the statute governing such agency, unless made permanent by compliance with subsections (3) and (4) of this section.
   2. The period of effectiveness provided by this subsection (6) does not apply to temporary or emergency rules adopted by the public utilities commission under section 40-2-108 (2), C.R.S.
7. Any interested person shall have the right to petition for the issuance, amendment, or repeal of a rule. Such petition shall be open to public inspection. Action on such petition shall be within the discretion of the agency; but when an agency undertakes rule-making on any matter, all related petitions for the issuance, amendment, or repeal of rules on such matter shall be considered and acted upon in the same proceeding.
8. 1. No rule shall be issued except within the power delegated to the agency and as authorized by law. A rule shall not be deemed to be within the statutory authority and jurisdiction of any agency merely because such rule is not contrary to the specific provisions of a statute. Any rule or amendment to an existing rule issued by any agency, including state institutions of higher education administered pursuant to title 23, C.R.S., which conflicts with a statute shall be void.
   2. On and after July 1, 1967, no rule may be issued nor existing rule amended by any agency unless it is first submitted by the issuing agency to the attorney general for his or her opinion as to its constitutionality and legality. Any rule or amendment to an existing rule issued by any agency without being so submitted to the attorney general is void.
   3. 1. Notwithstanding any other provision of law to the contrary and the provisions of section 24-4-107, all rules adopted or amended on or after January 1, 1993, and before November 1, 1993, expire at 11:59 p.m. on May 15 of the year following their adoption unless the general assembly by bill acts to postpone the expiration of a specific rule, and commencing with rules adopted or amended on or after November 1, 1993, all rules adopted or amended during any one-year period that begins each November 1 and continues through the following October 31 expire at 11:59 p.m. on the May 15 that follows such one-year period unless the general assembly by bill acts to postpone the expiration of a specific rule; except that a rule adopted pursuant to section 25.5-4-402.4 (6)(b)(III) expires at 11:59 p.m. on the May 15 following the adoption of the rule unless the general assembly acts by bill to postpone the expiration of a specific rule. The general assembly, in its discretion, may postpone such expiration, in which case, the provisions of section 24-4-108 or 24-34-104 apply and the rules expire or are subject to review as provided in those sections. The postponement of the expiration of a rule does not constitute legislative approval of the rule and is not admissible in any court as evidence of legislative intent. The postponement of the expiration date of a specific rule does not prohibit any action by the general assembly pursuant to the provisions of subsection (8)(d) of this section with respect to the rule.
      2. It is the intent of the general assembly that, in the event of a conflict between this paragraph (c) and any other provision of law relating to suspension or extension of rules by joint resolution (whether said provision was adopted prior to or subsequent to this paragraph (c)), this paragraph (c) shall control, notwithstanding the rule of law that a specific provision of law controls over a general provision of law.
   4. All rules adopted or amended on or after July 1, 1976, including temporary or emergency rules, shall be submitted by the adopting agency to the office of legislative legal services in the form and manner prescribed by the committee on legal services. Said rules and amendments to existing rules shall be filed by and in such office and shall be first reviewed by the staff of said committee to determine whether said rules and amendments are within the agency's rule-making authority and for later review by the committee on legal services for its opinion as to whether the rules conform with paragraph (a) of this subsection (8). The committee on legal services shall direct the staff of the committee to review the rules submitted by adopting agencies using graduated levels of review based on criteria established by the committee. The criteria developed by the committee shall provide that every rule shall be reviewed as to form and compliance with filing procedures and that, upon request of any member of the committee or any other member of the general assembly, the staff shall provide full legal review of any rule during the time period that such rule is subject to review by the committee. The official certificate of the director of the office of legislative legal services as to the fact of submission or the date of submission of a rule as shown by the records of his office, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. Records regarding the review of rules pursuant to this section shall be retained by the office of legislative legal services in accordance with policies established pursuant to section 2-3-303 (2), C.R.S. Any such rule or amendment to an existing rule issued by any agency without being so submitted within twenty days after the date of the attorney general's opinion rendered thereon to the office of legislative legal services for review by the committee on legal services shall be void. The staff's findings shall be presented to said committee at a public meeting held after timely notice to the public and affected agencies. The committee on legal services shall, on affirmative vote, submit such rules, comments, and proposed legislation at the next regular session of the general assembly. The committee on legal services shall be the committee of reference for any bill introduced pursuant to this paragraph (d). Any member of the general assembly may introduce a bill which rescinds or deletes portions of the rule. Rejection of such a bill does not constitute legislative approval of the rule. Only that portion of any rule specifically disapproved by bill shall no longer be effective, and that portion of the rule which remains after deletion of a portion thereof shall retain its character as an administrative rule. Each agency shall revise its rules to conform with the action taken by the general assembly. A rule which has been allowed to expire by action of the general assembly pursuant to the provisions of paragraph (c) of this subsection (8) because such rule, in the opinion of the general assembly, is not authorized by the state constitution or statute shall not be repromulgated by an agency unless the authority to promulgate such rule has been granted to such agency by a statutory amendment or by the state constitution or by a judicial determination that statutory or constitutional authority exists. Any rule so repromulgated shall be void. Such revision shall be transmitted to the secretary of state for publication pursuant to subsection (11) of this section. Passage of a bill repealing a rule does not result in revival of a predecessor rule. This paragraph (d) and subsection (4.5) of this section do not apply to rules of agency organization or general statements of policy which are not meant to be binding as rules. For the purpose of performing the functions assigned it by this paragraph (d), the committee on legal services, with the approval of the speaker of the house of representatives and the president of the senate, may appoint subcommittees from the membership of the general assembly.
   5. The office of legislative legal services shall identify rules that were adopted during each applicable one-year period as a result of legislation enacted during any legislative session, regular or special, commencing on or after the previous eight calendar years. After the rules have been identified, the office of legislative legal services shall notify in writing any prime sponsors of the enacted legislation who are still serving in the general assembly and the current members of the applicable committees of reference in the senate and house of representatives for that enacted legislation that a rule has been adopted as a result of the legislation; except that the office of legislative legal services need not provide the notice regarding an adopted rule if the rule resulted from legislation that was enacted more than eight calendar years prior to the rule's adoption.
   1. (8.1) (a) An agency shall maintain an official rule-making record for each proposed rule for which a notice of proposed rule-making has been published in the Colorado register. Such rule-making record shall be maintained by the agency until all administrative and judicial review procedures have been completed pursuant to the provisions of this article. The rule-making record shall be available for public inspection.
   2. The agency rule-making record shall contain:
      1. Copies of all publications in the Colorado register with respect to the rule or the proceeding upon which the rule is based;
      2. Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;
      3. All written petitions, requests, submissions, and comments received by the agency as of the date of the hearing on the rule and all other written materials, or a listing of such materials, considered by the agency in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, which materials shall be available for public inspection during working hours;
      4. Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations and any memorandum prepared by a presiding official summarizing the contents of those presentations;
      5. A copy of any regulatory analysis or cost-benefit analysis prepared for the proceeding upon which the rule was based, if applicable, and any formal statement made to the agency promulgating the rule by the executive director of the department of regulatory agencies regarding such cost-benefit analysis;
      6. A copy of the rule and explanatory statement filed in the office of the secretary of state;
      7. All petitions for exceptions to, amendments of, or repeal or suspension of the rule;
      8. A copy of any objection to the rule presented to the committee on legal services of the general assembly by its staff pursuant to paragraph (d) of subsection (8) of this section and the agency's response;
      9. A copy of any filed executive order with respect to the rule; and
      10. A copy of any information provided to the director pursuant to paragraph (c) of subsection (2.7) of this section and the written notice of compliance from the director.
   3. Upon judicial review, the record required by this section constitutes the official rule-making record with respect to a rule. The agency rule-making record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof; except that, this paragraph (c) shall not be interpreted to allow the introduction of evidence or information into such rule-making record from outside of the public rule-making hearing, or to allow such introduction of evidence or information without notice to all parties to such hearing and opportunity to respond.
   4. If an agency includes information required by subparagraph (X) of paragraph (b) of this subsection (8.1) in the rule-making record, the agency shall provide a copy of the portion of the record that includes such information with the executive committee of the legislative council in accordance with the provisions of section 24-1-136 (9).
   1. (8.2) (a) A rule adopted on or after September 1, 1988, shall be invalid unless adopted in substantial compliance with the provisions of this section. However, inadvertent failure to mail a notice of proposed rule-making to any person as required by subsection (3) of this section shall not invalidate a rule.
   2. An action to contest the validity of a rule on the grounds of its noncompliance with any provision of this section shall be commenced within thirty days after the effective date of the rule.
   1. (8.3) (a) On or after August 11, 2010, all new or amended rules or regulations promulgated pursuant to this section that refer to persons with disabilities shall comply with the provisions of section 2-2-802, C.R.S., as applicable to the new or amended rule.
   2. Violation of this subsection (8.3) shall not be grounds to invalidate any new or amended rule; however, such rules shall be amended to reflect the provisions of section 2-2-802, C.R.S., in any subsequent revision.
   3. Nothing in this subsection (8.3) shall constitute a requirement to change the name of any department, agency, or program of the state.
9. Each agency shall make available to the public and shall deliver to anyone requesting it a copy of any notice of proposed rule-making proceeding in which action has not been completed. Upon request, such copy shall be certified. The agency may make a reasonable charge for supplying any such copy.
10. No rule shall be relied upon or cited against any person unless, if adopted after May 1, 1959, it has been published and, whether adopted before or after said date, it has been made available to the public in accordance with this section.
11. 1. There is hereby established the code of Colorado regulations for the publication of rules of agencies of the executive branch and the Colorado register for the publication of notices of rule-making, proposed rules, attorney general's opinions relating to such rules, and adopted rules. The code and the register shall be the sole official publications for such rules, notices of rule-making, proposed rules, and attorney general's opinions. The code and the register shall contain, where applicable, references to court opinions and recommendations of the legal services committee of the general assembly that relate to or affect such rules and references to any action of the general assembly relating to the extension, expiration, deletion, or rescission of such rules and may contain other items that, in the opinion of the editor, are relevant to such rules. The register may also include other public notices, including annual departmental regulatory agendas submitted by principal departments to the secretary of state pursuant to section 2-7-203, C.R.S.; however, except as specifically permitted by law, the inclusion of such notices in the register shall be in addition to and not in substitution for existing public notice requirements.
    2. The secretary of state shall cause to be published in electronic form, and may cause to be published in printed form, at the least cost possible to the state, the code of Colorado regulations and the Colorado register no less often than once each calendar month. In the event of any discrepancy between the electronic and printed form of the code or the register, the electronic form shall prevail unless it is conclusively shown, by reference to the rule-making filings made with the secretary of state pursuant to this section, that the electronic form contains an error in publication.
    3. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    4. 1. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
       2. Each rule adopted, together with the attorney general's opinion rendered in connection therewith, shall be filed pursuant to subsection (12) of this section within twenty days after adoption with the secretary of state for publication in the Colorado register. Upon written request of an agency, the secretary of state shall correct typographical and other nonsubstantive errors appearing in the rules as filed by such agency that occur after final adoption of the rules by the agency during the preparation of such rules for publication in order to conform the published rules with the adopted rules. Notices of rule-making proceedings pursuant to subsection (3) of this section shall also be filed with the secretary of state in sufficient time for publication pursuant to subsection (5) of this section in the register. Rules revised to conform with action taken by the general assembly shall be filed with the secretary of state for publication in the register and in the code of Colorado regulations. The legal services committee of the general assembly shall notify the secretary of state whenever a rule published in the code is rescinded or a portion thereof is deleted by the general assembly and whenever a rule or a portion thereof is allowed to expire in accordance with section 24-4-108 or with subparagraph (I) of paragraph (c) of subsection (8) of this section, and the secretary of state shall direct the removal from the code of material so deleted, rescinded, or allowed to expire.
    5. The secretary of state shall establish and maintain an accurate docket system for recording the time and date of the filing of each document, the agency filing the same, and the title or description of such document required to be filed for publication under the provisions of this section, which docket system shall be cross-indexed as to such time, date, agency, and title or description.
    6. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    7. Publication of notices and other required information related to proposed and adopted rules shall be by electronic publication.
    8. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    9. 1. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
       2. The Colorado register shall contain only such notices, proposed rules, adopted rules, opinions, and other relevant information and materials as are filed pursuant to law with the secretary of state.
       3. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    10. Repealed.
    11. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    12. 1. An agency may request the secretary of state to correct a statutory citation contained in a rule, including a form incorporated into a rule, as published in the code of Colorado regulations if:
           1. The general assembly has relocated the statute in a manner that renders the rule's citation to the statute inaccurate; and
           2. The agency submits to the secretary a written determination by the attorney general that finds that the condition specified in subsection (11)(l)(I)(A) of this section applies, specifies what the correct citation is, and identifies each citation that should be corrected.
        2. Upon receipt of a request that complies with subsection (11)(l)(I) of this section, the secretary of state shall correct in the code of Colorado regulations each statutory citation listed in the determination specified in subsection (11)(l)(I)(B) of this section.
        3. A statutory citation correction authorized by this subsection (11)(l) is not rule-making and need not comply with any requirements of this section other than those specified in this subsection (11)(l).
    13. Repealed.
12. All rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, shall be filed in the office of the secretary of state. The secretary of state shall require that all rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, be filed in an electronic format that complies with any requirements established pursuant to sections 24-37.5-106 and 24-71.3-118.
    1. (12.5) (a) A rule may incorporate by reference all or any part of a code, standard, guideline, or rule that has been adopted by an agency of the United States, this state, or another state, or adopted or published by a nationally recognized organization or association, if:
       1. Repeating verbatim the text of the code, standard, guideline, or rule in the rule would be unduly cumbersome, expensive, or otherwise inexpedient;
       2. The reference fully identifies the incorporated code, standard, guideline, or rule by citation and date, identifies the address of the agency where the code, standard, guideline, or rule is available for public inspection, and states that the rule does not include any later amendments or editions of the code, standard, guideline, or rule;
       3. The code, standard, guideline, or rule is readily available to the public in written or electronic form;
       4. The rule states where copies of the code, standard, guideline, or rule are available for a reasonable charge from the agency adopting the rule and where copies are available from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule; and
       5. The agency maintains a copy of the code, standard, guideline, or rule readily available for public inspection at the agency office during regular business hours.
    2. The agency shall provide certified copies of the material incorporated at cost upon request or shall provide the requester with information on how to obtain a certified copy of the material incorporated by reference from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule.
    3. If any agency incorporates or proposes to incorporate any material by reference in a rule and the version or edition of the material to be incorporated has not previously been provided to the state publications depository and distribution center, and if the rule or proposed rule does not identify where the incorporated material is available to the public on the internet at no cost, then the agency shall provide one copy of the material in either paper or electronic format to the state publications depository and distribution center. The state librarian shall retain the copy of the material and shall make the copy available to the public.
13. Any agency conducting a hearing shall have authority on its own motion or upon the motion of any interested person for good cause shown to: Administer oaths and affirmations; sign and issue subpoenas; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of appropriate documents; take depositions or have depositions taken; issue appropriate orders which shall control the subsequent course of the proceedings; and take any other action authorized by agency rule consistent with this article. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform the functions of this subsection (13) and subsection (14) of this section as can best be performed by one person only, and thereafter such person only shall perform those functions which are assigned to him by the several persons conducting such hearing.
14. Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary or chief administrative officer thereof, or, with respect to any hearing for which a hearing officer or an administrative law judge has been appointed, the hearing officer or administrative law judge. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court. A witness shall be entitled to the fees and mileage provided for a witness in sections 13-33-102 and 13-33-103, C.R.S.

Source: L. 59: p. 159, § 2. CRS 53: § 3-16-2. C.R.S. 1963: § 3-16-2. L. 67: p. 300, § 2. L. 69: p. 82, §§ 2, 3. L. 76: (1) and (8)(a) amended and (8)(d) added, p. 582, § 15, effective May 24. L. 77: (8)(d) amended, p. 1134, § 2, effective May 31; (13) and (14) added, p. 1144, § 1, effective June 3; (4) amended, p. 1136, § 1, effective June 19; (4) amended and (11) R&RE, p. 1138, §§ 1, 2, effective June 19; (8)(d) amended, p. 1141, § 1, effective (see editor's note). L. 78: (12) amended, p. 390, § 1, March 30. L. 79: (5) amended, p. 842, § 2, effective May 22; (8)(d) and (11)(d) amended, p. 849, § 1, effective May 25; (8)(c) R&RE and (8)(d) amended, p. 845, §§ 1, 2, effective June 29. L. 81: (9) and (11) amended, (11)(k) added, and (11)(j) repealed, pp. 1129, 1130, §§ 1, 2; (12.5) added, p. 1131, § 1, effective July 1; (12) and (13) amended, p. 1133, § 2, effective July 1. L. 82: (11)(a) and (11)(d) amended, p. 360, § 1, effective March 11. L. 84: (4) amended, p. 649, § 1, effective July 1. L. 87: (11)(k) amended, p. 915, § 1, effective July 1; (8)(c)(I) and (8)(d) amended, p. 919, § 2, effective July 3; (14) amended, p. 961, § 65, effective March 13. L. 88: (8)(d) amended, p. 311, § 19, effective May 23; (3), (6), and (8)(d) amended, (4) R&RE, and (4.5), (8.1), and (8.2) added, pp. 884, 886, 887, §§ 1, 2, 3, effective May 17. L. 89: (4.5)(f) added and (8.1)(b)(V) amended, pp. 1502, 1503, §§ 10, 11, effective July 1, 1990. L. 91: (1) amended, p. 807, § 3, effective June 5. L. 93: (3)(b), (6), (8.1)(c), (8.2)(b), and (11)(d) amended, p. 1325, § 2, effective June 6; (8)(d) amended, p. 2109, § 12, effective June 9; (8)(c)(I) amended, p. 496, § 1, effective July 1. L. 94: (1.5) added and (3)(a) and (12.5) amended, p. 2587, § 1, effective July 1. L. 95: (6) amended, p. 232, § 2, effective April 17. L. 98: (4)(a.5) added, p. 721, § 1, effective May 18. L. 2000: (1) amended, p. 1861, § 73, effective August 2. L. 2001: (8)(d) amended, p. 318, § 2, effective April 12; (4)(a.5) amended, p. 1076, § 5, effective August 8; (12) amended, p. 38, § 2, effective August 8. L. 2002: (3)(b), (9), (11)(b), (11)(d), (11)(f), (11)(g), (11)(h), (11)(i), (11)(k), and (12) amended, p. 436, § 2, effective May 14. L. 2003: (11)(b) and (11)(d)(I) amended, p. 2048, § 1, effective May 22; (2.5) added and (6), (8.1)(b)(V), and (11)(b) amended, p. 2370, § 3, effective August 6. L. 2005: (12) amended, p. 768, § 36, effective June 1. L. 2006: IP(2.5)(a) and (2.5)(f)(I) amended, p. 202, § 1, effective March 31; (12) amended, p. 1735, § 20, effective June 6. L. 2007: (12) amended, p. 910, § 2, effective May 17. L. 2009: (8)(c)(I) amended, (HB 09-1293), ch. 152, p. 651, § 9, effective July 1. L. 2010: (3)(a), (8.1)(a), and (12.5) amended, (HB 10-1235), ch. 76, p. 258, § 1, effective April 5; (6) amended, (HB 10-1346), ch. 137, p. 460, § 1, effective April 15; (11) and (12) amended, (SB 10-123), ch. 104, p. 350, § 1, effective April 15; (8.3) added, (HB 10-1137), ch. 93, p. 320, § 2, effective August 11. L. 2012: (2), (3), and (11)(a) amended, (HB 12-1008), ch. 182, pp. 691, 694, §§ 2, 5, effective May 17; (2.7), (8.1)(b)(X), and (8.1)(d) added and (6)(a), (8.1)(b)(VIII), and (8.1)(b)(IX) amended, ch. 199, p. 797, § 1, effective August 8. L. 2013: IP(2.5)(a) amended and (8)(e) added, (SB 13-030), ch. 110, p. 379, § 1, effective April 8; IP(2.5)(a) and (2.5)(f) amended, (SB 13-158), ch. 283, p. 1490, § 1, effective July 1; IP(2.7)(c)(I) amended and (2.7)(g) added, (HB 13-1219), ch. 104, p. 366, § 20, effective August 7. L. 2015: (8)(e) amended, (SB 15-047), ch. 71, p. 190, § 1, effective August 5. L. 2016: (8)(b) amended, (HB 16-1094), ch. 94, p. 267, § 12, effective August 10. L. 2017: (11)(l) added, (HB 17-1006), ch. 31, p. 88, § 2, effective March 16; (11)(m) added, (SB 17-242), ch. 263, p. 1321, § 177, effective May 25; (8)(c)(I) amended, (SB 17-267), ch. 267, p. 1440, § 7, effective July 1. L. 2018: (2.5)(f) repealed and (2.5)(g) added, (HB 18-1237), ch. 165, p. 1137, § 2, effective August 8. L. 2021: (8)(e) amended, (HB 21-1137), ch. 37, p. 142, § 1, effective September 7.

Editor's note: (1) House Bill 77-1646, which amended subsection (8)(d), was delivered to the governor on June 20, 1977. The general assembly adjourned sine die on June 22, 1977. The governor disapproved House Bill 77-1646 on July 15, 1977, but the bill was not filed with the secretary of state until July 27, 1977, and the governor's letter stating objections to the bill was not filed with the secretary of state until August 2, 1977. Because House Bill 77-1646 and the governor's objections to it were not filed with the secretary of state within thirty days after adjournment of the general assembly, House Bill 77-1646 became a law pursuant to the provisions of § 11 of article IV of the Colorado Constitution.

(2) Amendments to subsection (4) by House Bill 77-1419 and House Bill 77-1623 were harmonized.

(3) Amendments to subsection (8)(d) by House Bill 79-1393 and House Bill 79-1063 were harmonized.

(4) Amendments to subsection (11)(b) by Senate Bill 03-121 and House Bill 03-1350 were harmonized.

(5) Amendments to the introductory portion to subsection (2.5)(a) by Senate Bill 13-030 and Senate Bill 13-158 were harmonized.

(6) Section 34 of chapter 267 (SB 17-267), Session L aws of Colorado 2017, provides that the section of the act amending this section does not take effect if the centers for medicare and medicaid services determine that the amendments do not comply with federal law. For more information, see SB 17-267. ( L . 2017, p. 1447.) The executive director of the department of health care policy and financing did not notify the revisor of statutes by June 1, 2017, of such determination; therefore, amendments to this section took effect July 1, 2017.

(7) Subsection (11)(m)(II) provided for the repeal of subsection (11)(m), effective July 1, 2018. (See L . 2017, p. 1321.)

Cross references: (1) For the general authority of department heads to adopt rules and regulations, see § 24-2-105.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.

24-4-103.3. Mandatory review of rules by agencies - report on results of review in departmental regulatory agendas.

1. The department of regulatory agencies shall establish a schedule, in consultation with each principal department, for the review of all of the rules for each principal department. Each principal department shall conduct a review of all of its rules to assess the continuing need for and the appropriateness and cost-effectiveness of its rules to determine if they should be continued in their current form, modified, or repealed. The applicable rule-making agency or official in the principal department shall consider the following:
   1. Whether the rule is necessary;
   2. Whether the rule overlaps or duplicates other rules of the agency or with other federal, state, or local government rules;
   3. Whether the rule is written in plain language and is easy to understand;
   4. Whether the rule has achieved the desired intent and whether more or less regulation is necessary;
   5. Whether the rule can be amended to give more flexibility, reduce regulatory burdens, or reduce unnecessary paperwork or steps while maintaining its benefits;
   6. Whether the rule is implemented in an efficient and effective manner, including the requirements for the issuance of permits and licenses;
   7. Whether a cost-benefit analysis was performed by the applicable rule-making agency or official in the principal department pursuant to section 24-4-103 (2.5); and
   8. Whether the rule is adequate for the protection of the safety, health, and welfare of the state or its residents.
2. Each rule-making agency or official shall provide public notice on the agency's official website of its review of the rules, give the public an appropriate opportunity to provide input, and notify other state agencies that may have jurisdiction over the subject matter of the rules to allow for collaboration and input. Based on this review, the rule-making agency or official shall determine whether the existing rules should be continued in their current form, amended, or repealed. If the rule-making agency or official decides that a rule should be amended or repealed, the rule-making agency or official shall comply with the notice and hearing requirements of section 24-4-103.
3. The department of regulatory agencies shall not schedule mandatory review under this section during the year of and during the year following any scheduled sunset review conducted by the department of regulatory agencies pursuant to section 24-34-104.
4. Each principal department shall include a report on the results of its mandatory review of rules as part of its departmental regulatory agenda that it submits to the staff of the legislative council for distribution to the applicable committee of reference of the general assembly as outlined in section 2-7-203, C.R.S.

Source: L. 2014: Entire section added, (SB 14-063), ch. 69, p. 296, § 1, effective March 27.

24-4-103.5. Rule-making affecting small business - procedure. (Repealed)

Source: L. 82: p. 362, § 1. L. 87: (1) amended, p. 1010, § 1, effective April 16. L. 97: Entire section repealed, p. 525, § 6, effective July 1.

24-4-104. Licenses - issuance, suspension or revocation, renewal.

1. In any case in which application is made for a license required by law, the agency, with due regard for the rights and privileges of all interested persons, shall set and conduct the proceedings in accordance with this article unless otherwise required by law.
2. Every agency decision respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license shall be based solely upon the stated criteria, terms, and purposes of the statute, or regulations promulgated thereunder, and case law interpreting such statutes and regulations pursuant to which the license is issued or required. Terms, conditions, or requirements limiting any license shall be valid only if reasonably necessary to effectuate the purposes, scope, or stated terms of the statute pursuant to which the license is issued or required.
3. 1. No revocation, suspension, annulment, limitation, or modification of a license by any agency shall be lawful unless, before institution of agency proceedings therefor, the agency has given the licensee notice in writing of objective facts or conduct established upon a full investigation that may warrant such action and afforded the licensee opportunity to submit written data, views, and arguments with respect to the facts or conduct and, except in cases of deliberate and willful violation or of substantial danger to public health and safety, given the licensee a reasonable opportunity to comply with all lawful requirements. For purposes of this subsection (3), "full investigation" means a reasonable ascertainment of the underlying facts on which the agency action is based.
   2. The full investigation requirement specified in subsection (3)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42.
4. 1. Where the agency has objective and reasonable grounds to believe and finds, upon a full investigation, that the licensee has been guilty of deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in its order, it may summarily suspend the license pending proceedings for suspension or revocation which shall be promptly instituted and determined. For purposes of this subsection (4), "full investigation" means a reasonable ascertainment of the underlying facts on which the agency action is based.
   2. The full investigation requirement specified in subsection (4)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42.
5. A proceeding for the revocation, suspension, annulment, limitation, or modification of a previously issued license shall be commenced by the agency upon its own motion or by the filing with the agency of a written complaint, signed and sworn to by the complainant, stating the name of the licensee complained against and the grounds for the requested action.
6. Except as provided in subsection (4) of this section, an agency shall not revoke, suspend, annul, limit, or modify a previously issued license until after holding a hearing as provided in section 24-4-105.
7. In any case in which the licensee has made timely and sufficient application for the renewal of a license or for a new license for the conduct of a previously licensed activity of a continuing nature, the existing license shall not expire until such application has been finally acted upon by the agency, and, if the application is denied, it shall be treated in all respects as a denial. The licensee, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106.
8. An application for a license shall be acted upon promptly, and, immediately after the taking of action on such application by an agency, a written notice of the action taken by the agency and, if the application is denied, the grounds therefor shall be given to the applicant. The giving of such notice shall be by personal service upon the applicant or by mailing the same to the address of the applicant as shown on the application or as subsequently furnished in writing by the applicant to the agency.
9. If an application for a new license is denied without a hearing, the applicant, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106.
10. Written notice of the revocation, suspension, annulment, limitation, or modification of a license and the grounds therefor shall be served forthwith on the licensee personally or by mailing by first-class mail to the last address furnished the agency by the licensee.
11. A limitation, unless consented to by the applicant, on a license applied for shall be treated as a denial. A modification, unless consented to by the licensee, of a license already issued shall be treated as a revocation.
12. In an appropriate case a revoked or suspended license may be reissued.
13. 1. Any applicant who, under oath, supplies false information to an agency in an application for a license commits perjury in the second degree, as defined in section 18-8-503, C.R.S. Any such application shall bear notice, in accordance with section 18-8-501 (2)(a)(I), C.R.S., that false statements made therein are punishable.
    2. On and after January 1, 1985, an agency shall not require that information contained in an application for a license be affirmed to before a notary.

Source: L. 59: p. 161, § 3. CRS 53: § 3-16-3. C.R.S. 1963: § 3-16-3. L. 69: p. 84, § 4. L. 81: (2) amended, p. 1141, § 1, effective April 16. L. 83: (13) added, p. 521, § 4, effective March 15. L. 93: (3) and (7) amended, p. 1327, § 3, effective June 6. L. 2006: (3) and (4) amended, p. 838, § 1, effective August 7. L. 2007: (3)(b) and (4)(b) amended, p. 2033, § 48, effective June 1. L. 2018: (3)(b) and (4)(b) amended, (HB 18-1375), ch. 274, p. 1705, § 34, effective May 29; (6) amended, (HB 18-1224), ch. 288, p. 1780, § 1, effective May 29.

24-4-104.5. Permits - rules in effect at time of submission of application for a permit control.

1. For purposes of this section, unless the context otherwise requires, "permit" means a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. "Permit" does not include a professional license issued by a licensing board or an agency to conduct a profession or occupation. "Permit" does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. "Permit" does not include a water well permit issued by the state engineer pursuant to title 37, C.R.S.
2. 1. The rules and any written statements of agency interpretation of the statutes of an agency that are in effect on the date that a person applies for issuance or renewal of a permit govern the application process and any permit eligibility requirement. If the rules or any written statements of agency interpretation of the statutes governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency shall process the application under the rules and any written statements of agency interpretation of the statutes in effect on the date of the application, unless the agency determines in writing that:
      1. 1. The new rules materially affect the health and safety of the public; and
         2. Use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with the new rules; or
      2. New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or
      3. New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or
      4. New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order.
   2. If the agency determines that one of the exceptions to the requirements of paragraph (a) of this subsection (2) will occur if the applicant does not comply with the new rules or new requirements, the agency shall:
      1. Treat the application as pending;
      2. Provide a written notice to the applicant stating the reasons the application is incomplete; and
      3. Give the applicant a reasonable opportunity to comply with the new rules or new requirements.
3. If an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules.

Source: L. 2012: Entire section added, (HB 12-1002), ch. 249, p. 1241, § 2, effective August 8.

Cross references: In 2012, this section was added by the "Creating Level Expectations for Application Review Act" or the "CLEAR Act". For the short title, see section 1 of chapter 249, Session Laws of Colorado 2012.

24-4-104.6. Analysis of noncompliance with department rules - definition - legislative declaration.

1. 1. The general assembly hereby finds and declares that this section codifies existing practice, that each agency already knows about and tracks the rule issues described in subsection (2)(a) of this section, and that much of this work is currently completed in the normal course of an agency's business.
   2. The general assembly further finds and declares that it is not the general assembly's intent for an agency to increase its existing rule compliance monitoring.
2. 1. Each agency shall conduct, within existing resources, an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and those factors that contribute to noncompliance with rules by regulated businesses. The analysis will guide each department on how to improve its education and outreach to regulated businesses on compliance with the department's rules. The agency shall consider and review:
      1. Whether the rule is unclear and should be rewritten;
      2. Whether more education or training of the regulated businesses would be likely to achieve better compliance with the rule; and
      3. The enforcement level and any appropriate fines for noncompliance with the department's rules.
   2. Any principal department that conducts an analysis of noncompliance with rules adopted by agencies within its department pursuant to subsection (2)(a) of this section shall forward that analysis to the department of regulatory agencies, which shall compile and summarize those analyses into one combined analysis of noncompliance with rules. The department of regulatory agencies shall include the compiled analysis in its departmental presentation to its oversight legislative committee of reference made pursuant to section 2-7-203 of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

Source: L. 2018: Entire section added, (HB 18-1250), ch. 195, p. 1286, § 1, effective August 8.

24-4-105. Hearings and determinations - repeal.

1. In order to assure that all parties to any agency adjudicatory proceeding are accorded due process of law, the provisions of this section shall be applicable.
2. 1. In any such proceeding in which an opportunity for agency adjudicatory hearing is required under the state constitution or by this or any other statute, the parties are entitled to a hearing and decision in conformity with this section. Any person entitled to notice of a hearing shall be given timely notice of the time, place, and nature thereof, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted. Unless otherwise provided by law, such notice shall be served personally or by mailing by first-class mail to the last address furnished the agency by the person to be notified at least thirty days prior to the hearing. In fixing the time and place for a hearing, due regard shall be had for the convenience and necessity of the parties and their representatives.
   2. Any person given such notice shall file a written answer thirty days after the service or mailing of such notice. If such person fails to answer, any agency, administrative law judge, or hearing officer, upon motion, may enter a default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry.
   3. A person who may be affected or aggrieved by agency action shall be admitted as a party to the proceeding upon his filing with the agency a written request therefor, setting forth a brief and plain statement of the facts which entitle him to be admitted and the matters which he claims should be decided. Nothing in this subsection (2) shall prevent an agency from admitting any person or agency as a party to any agency proceeding for limited purposes.
3. At a hearing only one of the following may preside: The agency, an administrative law judge from the office of administrative courts, or, if otherwise authorized by law, a hearing officer who if authorized by law may be a member of the body which comprises the agency. Upon the filing in good faith by a party of a timely and sufficient affidavit of personal bias of an administrative law judge or a hearing officer or a member of the agency or the agency, the administrative law judge, hearing officer, or agency shall forthwith rule upon the allegations in such affidavit as part of the record in the case. An administrative law judge or a hearing officer may at any time withdraw if he or she deems himself or herself disqualified or for any other good reason in which case another administrative law judge or hearing officer may be assigned to continue the case, and he or she shall do so in such manner that no substantial prejudice to any party results therefrom. An agency or a member of an agency may withdraw for any like reason and in like manner, unless his or her withdrawal makes it impossible for the agency to render a decision.
4. 1. Any agency conducting a hearing, any administrative law judge, and any hearing officer shall have authority to: Administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof and receive evidence; dispose of motions relating to the discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of briefs and other documents; direct the parties to appear and confer to consider the simplification of the issues, admissions of fact or of documents to avoid unnecessary proof, and limitation of the number of expert witnesses; issue appropriate orders that shall control the subsequent course of the proceedings; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to dismiss without prejudice applications and other pleadings; dispose of motions to intervene, procedural requests, or similar matters; reprimand or exclude from the hearing any person for any improper or indecorous conduct in his or her presence; award attorney fees for abuses of discovery procedures or as otherwise provided under the Colorado rules of civil procedure; and take any other action authorized by agency rule consistent with this article 4 or in accordance, to the extent practicable, with the procedure in the district courts. All parties to the proceeding shall also have the right to cross-examine witnesses who testify at the proceeding. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform such of the above functions as can best be performed by one person only, and thereafter such person only shall perform those functions that are assigned to him or her by the several persons conducting such hearing.
   2. 1. 1. The general assembly hereby finds that the mediation process generally saves the state and the licensee time and money. Mediation takes much less time than moving a case through agency proceedings and judicial review. These cases typically take months or years to resolve, but mediation typically achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. This benefits both the agency and the licensee, and because the result is attained by the parties working together, compliance with the mediated agreement is usually high. This further reduces costs because agencies do not have to pay an attorney or investigators to force compliance. (b) (I) (A) The general assembly hereby finds that the mediation process generally saves the state and the licensee time and money. Mediation takes much less time than moving a case through agency proceedings and judicial review. These cases typically take months or years to resolve, but mediation typically achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. This benefits both the agency and the licensee, and because the result is attained by the parties working together, compliance with the mediated agreement is usually high. This further reduces costs because agencies do not have to pay an attorney or investigators to force compliance.
         2. The general assembly hereby declares that, in order to save time and money, the policy of Colorado is to use mediation whenever appropriate to settle disputes between agencies and licensees.
      2. Upon petition of the agency or licensee after the licensee has received the notice of hearing under subsection (2)(a) of this section, the hearing officer or administrative law judge shall order mediation between the agency and the licensee unless the license was summarily suspended in accordance with section 24-4-104 (4). When mediation is ordered, the agency shall:
         1. Assign a person with authority to make prehearing decisions concerning disposition of the matter to be present during meetings related to settlement communications or mediation communications and to be included in any material settlement communications with the licensee or the licensee's representative over the matter; and
         2. Upon the licensee's request, allow a private or public mediator chosen by the licensee to be present during meetings related to mediation and to be included in any material settlement communications with the licensee or the licensee's representative over the matter. If the mediator is privately retained, the licensee must pay the mediator's reasonable fees, and the agency need not pay the privately retained mediator's fees.
      3. To the extent feasible, for the purpose of carrying out this subsection (4):
         1. Administrative law judges shall make themselves available as public mediators without cost to the licensee;
         2. The members of any governing body that regulates the licensee shall make a member or other person available for mediation as a person with authority to make prehearing decisions concerning disposition of the matter.
      4. If an agency fails to comply with an order of mediation, a licensee adversely affected by the failure may petition the administrative law judge or hearing officer to suspend the proceedings and require compliance with the order, to be completed in good faith as soon as practicable, under the administrative law judge's or the hearing officer's supervision.
      5. If mediation fails, the agency shall notify the administrative law judge or the hearing officer, and the administrative law judge or the hearing officer shall lift the suspension and proceed with the hearing.
      6. When determining the place to hold the mediation, the agency shall give due consideration to the location of the licensee's occupation or residence, the availability of an administrative law judge to mediate, and the availability of a member of the governing body that regulates the licensee to be a person with authority to make prehearing decisions concerning disposition of the matter.
      7. This subsection (4)(b) applies only to agency proceedings that concern an individual who is licensed to practice an occupation or profession; except that this subsection (4)(b) does not apply to a commercial driver's license issued under part 4 of article 2 of title 42.
      8. This subsection (4)(b) does not apply if a license has been summarily suspended because the agency finds, in accordance with section 24-4-104 (4), that the licensee is guilty of a deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in the agency's order. Nothing in this subsection (4)(b) prohibits an agency and licensee from voluntarily agreeing to a mediation following a summary suspension.
      9. By January 1, 2022, the office of administrative courts and the division of professions and occupations in the department of regulatory agencies shall issue a joint report to the judiciary committee and the state, veterans, and military affairs committee of the house of representatives and the judiciary committee and the state, veterans, and military affairs committee of the senate or their successor committees. This subsection (4)(b)(IX) is repealed, effective July 1, 2022. The report must contain the following:
         1. The number of hearings affecting licenses held between July 1, 2016, and July 1, 2018;
         2. The number of hearings affecting licenses held between July 1, 2019, and July 1, 2021;
         3. The number of mediations held between July 1, 2016, and July 1, 2018;
         4. The number of mediations held between July 1, 2019, and July 1, 2021;
         5. The number of proceedings in which the licensee and agency agreed to settle the proceedings between July 1, 2016, and July 1, 2018; and
         6. The number of proceedings in which the licensee and agency agreed to settle the proceedings between July 1, 2019, and July 1, 2021.
5. Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary, or chief administrative officer thereof or, with respect to any hearing for which an administrative law judge or a hearing officer has been appointed, the administrative law judge or the hearing officer. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena; in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court and may award attorney fees under the Colorado rules of civil procedure. A witness shall be entitled to the fees and mileage provided for a witness in a court of record.
6. No person engaged in conducting a hearing or participating in a decision or an initial decision shall be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigatory or prosecuting functions for the agency.
7. Except as otherwise provided by statute, the proponent of an order shall have the burden of proof, and every party to the proceeding shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, a person conducting a hearing may receive all or part of the evidence in written form. The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceeding, the person so conducting the hearing may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The person conducting a hearing shall give effect to the rules of privilege recognized by law. He may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available; but, upon request, the party shall be given an opportunity to compare the copy with the original. An agency may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.
8. An agency may take notice of general, technical, or scientific facts within its knowledge, but only if the fact so noticed is specified in the record or is brought to the attention of the parties before final decision and every party is afforded an opportunity to controvert the fact so noticed.
9. 1. Any party, or the agent, servant, or employee of any party, permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear on their own behalf. An attorney who is a witness may not act as counsel for the party calling the attorney as a witness. Any party, upon payment of a reasonable charge therefor, shall be entitled to procure a copy of the transcript of the record or any part thereof. Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of such person's own choosing and, upon payment of a reasonable charge therefor, to procure a copy of the transcript of such person's testimony if it is recorded.
   2. 1. Except as provided in subparagraph (III) of this paragraph (b), no attorney shall submit a document concerning an adjudicatory proceeding after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document.
      2. 1. Any state agency that adopts policies, procedures, rules, or regulations for the purpose of implementing the provisions of this section shall ensure that the conduct of state business is not impeded and that no person is denied access to the services or programs of a state agency as a result of such implementation.
         2. No document shall be refused by a state agency solely because it was not submitted on recycled paper.
      3. Nothing in this section shall be construed to apply to:
         1. Photographs;
         2. An original document that was prepared or printed prior to January 1, 1994;
         3. A document that was not created at the direction or under the control of the submitting attorney;
         4. Facsimile copies concerning an adjudicatory proceeding otherwise permitted to be filed in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section;
         5. Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior to January 1, 1994.
      4. The provisions of this section shall not be applicable if recycled paper is not readily available.
      5. For purposes of this paragraph (b), unless the context otherwise requires:
         1. "Attorney" means an attorney-at-law admitted to practice law before any court of record in this state.
         2. "Document" means any pleading or any other paper submitted as an appendix to such pleading by an attorney, which document is required or permitted to be filed with a state agency concerning any action to be commenced or which is pending before such agency.
         3. "Recycled paper" means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.
10. Every agency shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order. Prompt notice shall be given of the refusal to accept for filing or the denial in whole or in part of any written application or other request made in connection with any agency proceeding or action, with a statement of the grounds therefor. Upon application made to any court of competent jurisdiction by a party to any agency proceeding or by a person adversely affected by agency action and a showing to the court that there has been undue delay in connection with such proceeding or action, the court may direct the agency to decide the matter promptly.
11. Every agency shall provide by rule for the entertaining, in its sound discretion, and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability to the petitioners of any statutory provision or of any rule or order of the agency. The order disposing of the petition shall constitute agency action subject to judicial review.
12. Nothing in this article shall affect statutory powers of an agency to issue an emergency order where the agency finds and states of record the reasons for so finding that immediate issuance of the order is imperatively necessary for the preservation of public health, safety, or welfare and observance of the requirements of this section would be contrary to the public interest. Any person against whom an emergency order is issued, who would otherwise be entitled to a hearing pursuant to this section, shall be entitled upon request to an immediate hearing in accordance with this article, in which proceeding the agency shall be deemed the proponent of the order.
13. The administrative law judge or the hearing officer shall cause the proceedings to be recorded by a reporter or by an electronic recording device. When required, the administrative law judge or the hearing officer shall cause the proceedings, or any portion thereof, to be transcribed, the cost thereof to be paid by the agency when it orders the transcription or by any party seeking to reverse or modify an initial decision of the administrative law judge or the hearing officer. If the agency acquires a copy of the transcription of the proceedings, its copy of the transcription shall be made available to any party at reasonable times for inspection and study.
14. 1. For the purpose of a decision by an agency that conducts a hearing or an initial decision by an administrative law judge or a hearing officer, the record must include: All pleadings, applications, evidence, exhibits, and other papers presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed. The agency, administrative law judge, or hearing officer may permit oral argument. The agency, the administrative law judge, or the hearing officer shall not receive or consider ex parte material or representation of any kind offered without notice. The agency, an administrative law judge, or hearing officer, with the consent of all parties, may eliminate or summarize any part of the record where this may be done without affecting the decision. In any case in which the agency has conducted the hearing, the agency shall prepare, file, and serve upon each party its decision. In any case in which an administrative law judge or a hearing officer has conducted the hearing, the administrative law judge or the hearing officer shall prepare and file an initial decision that the agency shall serve upon each party, except where all parties with the consent of the agency have expressly waived their right to have an initial decision rendered by such administrative law judge or hearing officer. Each decision and initial decision must include a statement of findings and conclusions upon all the material issues of fact, law, or discretion presented by the record and the appropriate order, sanction, relief, or denial. An appeal to the agency must be made as follows:

       (I) With regard to initial decisions regarding agency action by the department of health care policy and financing, the state department of human services, or county department of human or social services, or any contractor acting for any such department, under section 26-1-106 (1)(a) or 25.5-1-107 (1)(a), by filing exceptions within fifteen days after service of the initial decision upon the parties, unless extended by the department of health care policy and financing, or the state department of human services, as applicable, or unless a review has been initiated in accordance with this subsection (14)(a)(I) upon motion of the applicable department within fifteen days after service of the initial decision. In the event a party fails to file an exception within fifteen days, the applicable department may allow, upon a showing of good cause by the party, for an extension of up to an additional fifteen days to reconsider the final agency action.

       (II) With regard to initial decisions regarding agency action of any other agency, by filing exceptions within thirty days after service of the initial decision upon the parties, unless extended by the agency or unless review has been initiated upon motion of the agency within thirty days after service of the initial decision.

    2. 1. In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the department of health care policy and financing shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the medical services board pursuant to section 25.5-1-107 (1), C.R.S.
       2. In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the state department of human services shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the state board of human services pursuant to section 26-1-106 (1), C.R.S.
       3. In the absence of an exception filed pursuant to subparagraph (II) of paragraph (a) of this subsection (14), the initial decision of any other agency shall become the decision of the agency, and, in such case, the evidence taken by the administrative law judge or the hearing officer need not be transcribed.
    3. Failure to file the exceptions prescribed in this subsection (14) shall result in a waiver of the right to judicial review of the final order of such agency, unless that portion of such order subject to exception is different from the content of the initial decision.
15. 1. Any party who seeks to reverse or modify the initial decision of the administrative law judge or the hearing officer shall file with the agency, within twenty days following such decision, a designation of the relevant parts of the record described in subsection (14) of this section and of the parts of the transcript of the proceedings which shall be prepared and advance the cost therefor. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party or the agency may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefor. The transcript or the parts thereof which may be designated by the parties or the agency shall be prepared by the reporter or, in the case of an electronic recording device, the agency and shall thereafter be filed with the agency. No transcription is required if the agency's review is limited to a pure question of law. The agency may permit oral argument. The grounds of the decision shall be within the scope of the issues presented on the record. The record shall include all matters constituting the record upon which the decision of the administrative law judge or the hearing officer was based, the rulings upon the proposed findings and conclusions, the initial decision of the administrative law judge or the hearing officer, and any other exceptions and briefs filed.
    2. The findings of evidentiary fact, as distinguished from ultimate conclusions of fact, made by the administrative law judge or the hearing officer shall not be set aside by the agency on review of the initial decision unless such findings of evidentiary fact are contrary to the weight of the evidence. The agency may remand the case to the administrative law judge or the hearing officer for such further proceedings as it may direct, or it may affirm, set aside, or modify the order or any sanction or relief entered therein, in conformity with the facts and the law.
16. 1. Each decision and initial decision shall be served on each party by personal service or by mailing by first-class mail to the last address furnished the agency by such party and, except as provided in paragraph (b) of this subsection (16), shall be effective as to such party on the date mailed or such later date as is stated in the decision.
    2. Upon application by a party, and prior to the expiration of the time allowed for commencing an action for judicial review, the agency may change the effective date of a decision or initial decision.

Source: L. 59: p. 162, § 4. CRS 53: § 3-16-4. L. 61: p. 138, § 1. C.R.S. 1963: § 3-16-4. L. 69: p. 85, § 5. L. 76: (13) and (14) amended and (15) R&RE, pp. 583, 584, §§ 16, 17, effective May 24. L. 77: (14) amended, pp. 1137, 1145, §§ 2, 2, effective June 19. L. 81: (4) amended, p. 1134, § 3, effective June 6. L. 87: (3), (4), (5), (13), (14), and (15) amended, p. 961, § 66, effective March 13. L. 93: (14) amended, p. 426, § 3, effective April 19; (2), (4), (5), (14), (15)(a), and (16) amended, p. 1327, § 4, effective June 6; (9) amended, p. 624, § 3, effective July 1; (9)(b)(V)(B) amended, p. 1798, § 107, effective July 1. L. 94: (14)(a)(I) and (14)(b) amended, p. 2692, § 228, effective July 1. L. 95: (14)(a)(I) and (14)(b) amended, p. 902, § 1, effective May 25. L. 2005: (3) amended, p. 857, § 21, effective June 1. L. 2018: (4) amended, (HB 18-1224), ch. 288, p. 1780, § 2, effective May 29; IP(14)(a) and (14)(a)(I) amended, (SB 18-092), ch. 38, p. 440, § 96, effective August 8. L. 2019: (4)(b)(IX) amended, (SB 19-241), ch. 390, p. 3469, § 26, effective August 2.

Editor's note: Amendments to subsection (14) by Senate Bill 93-133 and House Bill 93-1001 were harmonized.

Cross references: (1) For mileage allowances and fees of witnesses, see §§ 13-33-102 and 13-33-103.

(2) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

24-4-106. Judicial review.

1. In order to assure a plain, simple, and prompt judicial remedy to persons or parties adversely affected or aggrieved by agency actions, the provisions of this section shall be applicable.
2. Final agency action under this or any other law shall be subject to judicial review as provided in this section, whether or not an application for reconsideration has been filed, unless the filing of an application for reconsideration is required by the statutory provisions governing the specific agency. In the event specific provisions for rehearing as a basis for judicial review as applied to any particular agency are in effect on or after July 1, 1969, then such provisions shall govern the rehearing and appeal procedure, the provisions of this article to the contrary notwithstanding.
3. An action may be commenced in any court of competent jurisdiction by or on behalf of an agency for judicial enforcement of any final order of such agency. In any such action, any person adversely affected or aggrieved by such agency action may obtain judicial review of such agency action.
4. Except as provided in subsection (11) of this section, any person adversely affected or aggrieved by any agency action may commence an action for judicial review in the district court within thirty-five days after such agency action becomes effective; but, if such agency action occurs in relation to any hearing pursuant to section 24-4-105, then the person must also have been a party to such agency hearing. A proceeding for such review may be brought against the agency by its official title, individuals who comprise the agency, or any person representing the agency or acting on its behalf in the matter sought to be reviewed. The complaint shall state the facts upon which the plaintiff bases the claim that he or she has been adversely affected or aggrieved, the reasons entitling him or her to relief, and the relief which he or she seeks. Every party to an agency action in a proceeding under section 24-4-105 not appearing as plaintiff in such action for judicial review shall be made a defendant; except that, in review of agency actions taken pursuant to section 24-4-103, persons participating in the rule-making proceeding need not be made defendants. Each agency conducting a rule-making proceeding shall maintain a docket listing the name, address, and telephone number of every person who has participated in a rule-making proceeding by written statement, or by oral comment at a hearing. Any person who commences suit for judicial review of the rule shall notify each person on the agency's docket of the fact that a suit has been commenced. The notice shall be sent by first-class certified mail within fourteen days after filing of the action and shall be accompanied by a copy of the complaint for judicial review bearing the action number of the case. Thereafter, service of process, responsive pleadings, and other matters of procedure shall be controlled by the Colorado rules of civil procedure. An action shall not be dismissed for failure to join an indispensable party until an opportunity has been afforded to an affected party to bring the indispensable party into the action. The residence of a state agency for the purposes of this subsection (4) shall be deemed to be the city and county of Denver. In any action in which the plaintiff seeks judicial review of an agency decision made after a hearing as provided in section 24-4-105, the parties after issue is joined shall file briefs within the time periods specified in the Colorado appellate rules.

   (4.5) Subject to the limitation set forth in section 39-8-108 (2), C.R.S., the board of county commissioners of any county of this state may commence an action in the Denver district court within the time limit set forth in subsection (4) of this section for judicial review of any agency action which is directed to any official, board, or employee of such county or which involves any duty or function of any official, board, or employee of such county with the consent of said official, board, or employee, and to the extent that said official, board, or employee could maintain an action under subsection (4) of this section. In addition, in any action brought against any official, board, or employee of a county of this state for judicial enforcement of any final order of any agency, the defendant official, board, or employee may obtain judicial review of such agency action. In any such action for judicial review, the county official, board, or employee shall not be permitted to seek temporary or preliminary injunctive relief pending a final decision on the merits of its claim.

   (4.7) The county clerk and recorder of any county may commence an action under this section in the Denver district court for judicial review of any final action issued by the secretary of state arising under the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S. In any such action, the county clerk and recorder may seek temporary or preliminary injunctive relief pending a final decision on the merits of the claim as permitted under this section.

5. Upon a finding that irreparable injury would otherwise result, the agency, upon application therefor, shall postpone the effective date of the agency action pending judicial review, or the reviewing court, upon application therefor and regardless of whether such an application previously has been made to or denied by any agency, and upon such terms and upon such security, if any, as the court shall find necessary and order, shall issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve the rights of the parties pending conclusion of the review proceedings.
6. In every case of agency action, the record, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the agency, rulings upon exceptions, and the decision, findings, and action of the agency. Any person initiating judicial review shall designate the relevant parts of such record and advance the cost therefor. As to alleged errors, omissions, and irregularities in the agency record, evidence may be taken independently by the court.
7. 1. If the court finds no error, it shall affirm the agency action.
   2. The court shall hold unlawful and set aside the agency action and shall restrain the enforcement of the order or rule under review, compel any agency action to be taken that has been unlawfully withheld or unduly delayed, remand the case for further proceedings, and afford other relief as may be appropriate if the court finds that the agency action is:
      1. Arbitrary or capricious;
      2. A denial of statutory right;
      3. Contrary to constitutional right, power, privilege, or immunity;
      4. In excess of statutory jurisdiction, authority, purposes, or limitations;
      5. Not in accord with the procedures or procedural limitations of this article 4 or as otherwise required by law;
      6. An abuse or clearly unwarranted exercise of discretion;
      7. Based upon findings of fact that are clearly erroneous on the whole record;
      8. Unsupported by substantial evidence when the record is considered as a whole; or
      9. Otherwise contrary to law, including failing to comply with section 24-4-104 (3)(a) or 24-4-105 (4)(b).
   3. In making the findings specified in this subsection (7), the court shall review the whole record or portions of the record cited by any party.
   4. In all cases under review, the court shall determine all questions of law and interpret the statutory and constitutional provisions involved and shall apply the interpretation to the facts duly found or established.
8. Upon a showing of irreparable injury, any court of competent jurisdiction may enjoin at any time the conduct of any agency proceeding in which the proceeding itself or the action proposed to be taken therein is clearly beyond the constitutional or statutory jurisdiction or authority of the agency. If the court finds that any proceeding contesting the jurisdiction or authority of the agency is frivolous or brought for the purpose of delay, it shall assess against the plaintiff in such proceeding costs and a reasonable sum for attorney fees (or an equivalent sum in lieu thereof) incurred by other parties, including the state.
9. The decision of the district court shall be subject to appellate review as may be permitted by law or the Colorado appellate rules, but a notice of intent to seek appellate review must be filed with the district court within forty-nine days after its decision becomes final. If no notice of intent to seek appellate review is filed with the trial court within forty-nine days after its decision becomes final, the trial court shall immediately return to the agency its record. Upon disposition of a case in an appellate court which requires further proceedings in the trial court, the agency's record shall be returned to the trial court. On final disposition of the case in the appellate court when no further proceedings are necessary or permitted in the trial court, the agency's record shall be returned by the appellate court to the agency with notice of such disposition to the trial court or to the trial court, in which event the agency's record shall be returned by the trial court to the agency.
10. In any judicial review of agency action, the district court or the appellate court shall advance on the docket any case which in the discretion of the court requires acceleration.
11. 1. Whenever judicial review of any agency action is directed to the court of appeals, the provisions of this subsection (11) shall be applicable except for review of orders of the industrial claim appeals office.
    2. Such proceeding shall be commenced by the filing of a notice of appeal with the court of appeals within forty-nine days after the date of the service of the final order entered in the action by the agency, together with a certificate of service showing service of a copy of said notice of appeal on the agency and on all other persons who have appeared as parties to the action before the agency. The date of service of an order is the date on which a copy of the order is delivered in person or, if service is by mail, the date of mailing.
    3. The record on appeal shall conform to the provisions of subsection (6) of this section. The designation and preparation of the record and its transmission to the court of appeals shall be in accordance with the Colorado appellate rules. A request for an extension of time to transmit the record shall be made to the court of appeals and may be granted only by that court.
    4. The docketing of the appeal and all procedures thereafter shall be as set forth in the Colorado appellate rules. The agency shall not be required to pay a docket fee. All persons who have appeared as parties to the action before the agency who are not designated as appellants shall, together with the agency, be designated as appellees.
    5. The standard for review as set forth in subsection (7) of this section shall apply to appeals brought under this subsection (11).

Source: L. 59: p. 164, § 5. CRS 53: § 3-16-5. C.R.S. 1963: § 3-16-5. L. 69: pp. 89, 268, §§ 6, 2. L. 76: (4) amended, p. 584, § 18, effective May 24. L. 79: (4.5) added, p. 843, § 2, effective May 26. L. 81: (4) amended and (11) added, pp. 890, 1134, 1142, §§ 4, 4, 1, effective July 1. L. 86: (11)(a) amended, p. 498, § 117, effective July 1. L. 87: (9) amended, p. 921, § 1, effective June 20. L. 93: (6) amended, p. 1330, § 5, effective June 6. L. 2012: (4) amended, (SB 12-175), ch. 208, p. 880, § 144, effective July 1. L. 2013: (9) and (11)(b) amended, (HB 13-1126), ch. 58, p. 192, § 5, effective July 1. L. 2014: (4.7) added, (HB 14-1354), ch. 159, p. 553, § 2, effective May 9. L. 2018: (7) amended, (HB 18-1224), ch. 288, p. 1783, § 3, effective May 29.

24-4-107. Application of article.

This article applies to every agency of the state having statewide territorial jurisdiction except those in the legislative or judicial branches, courts-martial, military commissions, and arbitration and mediation functions. It applies to every other agency to which it is made to apply by specific statutory reference; but, where there is a conflict between this article and a specific statutory provision relating to a specific agency, such specific statutory provision shall control as to such agency.

Source: L. 59: p. 166, § 6. CRS 53: § 3-16-6. C.R.S. 1963: § 3-16-6. L. 69: p. 91, § 7.

24-4-108. Legislative consideration of rules.

1. Unless extended by the general assembly acting by bill, all of the rules and regulations of the principal departments shall expire on the dates specified in this section.
2. The rules and regulations of the following principal departments shall expire on July 1, 1980:
   3. Repealed.
3. The rules and regulations of the following principal departments shall expire on July 1, 1981:
   4. Repealed.
4. The rules and regulations of the following principal departments shall expire on July 1, 1982:
   3. Repealed.
5. The rules and regulations of the following principal departments shall expire on July 1, 1983:
   4. Repealed.
6. The rules and regulations of the following principal departments shall expire on July 1, 1984:
   1. Department of the treasury;
   2. Repealed.
   3. Office of state planning and budgeting;
   8. Repealed.

   (6.1) Repealed.

7. The general assembly, in its discretion, may postpone by bill the expiration of rules and regulations, or any portion thereof. Nothing in this section shall prohibit any action by the general assembly pursuant to section 24-4-103 (8)(d). The postponement of the expiration of a rule shall not constitute legislative approval of the rule nor be admissible in any court as evidence of legislative intent. The committee on legal services is authorized to establish procedures for the implementation of review of rules and regulations contemplated by this section including, but not limited to, a procedure for annual review of rules and regulations which may conflict with statutes or statutory changes adopted subsequent to review of a department's rules and regulations pursuant to this section.
8. This section does not apply to rules of an agency in the department of regulatory agencies, which rules are subject to the provisions of section 24-34-104 (6)(b).

Source: L. 79: Entire section added, p. 846, § 3, effective July 1. L. 80: (2)(c) repealed, p. 289, § 3, effective April 13; (2)(b) repealed, p. 292, § 3, effective April 16; (6)(g) added and (2)(a) repealed, p. 287, §§ 2, 3, effective April 16. L. 81: (3)(a) repealed and (6.1) added, p. 1148, §§ 3, 2, effective April 24; (3)(d) repealed and (6.1) added, p. 1149, §§ 3, 2, effective May 28; (3)(b) repealed, p. 272, § 2, effective June 5; (7) amended and (3)(c), (6)(f), (6)(g), (6)(h), and (6.1) repealed, pp. 1145, 1146, §§ 1, 7, effective July 1; (8) amended, p. 1178, § 7, effective July 1. L. 82: (4)(a) repealed, p. 199, § 2, effective March 11; (4)(b) repealed, p. 201, § 2, effective April 27; (4)(c) repealed, p. 203, § 2, effective March 13. L. 83: (5)(b) repealed, p. 304, § 2, effective May 20; (5)(a) repealed, p. 306, § 2, effective May 25; (5)(c) repealed, p. 309, § 2, effective May 26; (5)(d) repealed, p. 308, § 2, effective June 1. L. 84: (6)(b) repealed, p. 260, § 2, effective March 29; (6)(e) repealed, p. 259, § 2, effective April 5; (6)(d) repealed, p. 258, § 2, effective April 9. L. 2016: (8) amended, (HB 16-1192), ch. 83, p. 234, § 16, effective April 14.

24-4-109. State engagement of disproportionately impacted communities - definitions - repeal.

1. Goal. The goal of outreach to and engagement of disproportionately impacted communities is to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to received public input to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community.
2. Definitions.
   1. 1. The environmental justice action task force created in section 25-1-133 will recommend to the general assembly potential modifications to the definitions established in this subsection (2). The definitions established in this subsection (2) apply unless and until the general assembly acts by bill to modify one or more of the definitions.
      2. This subsection (2)(a) is repealed, effective September 1, 2024.
   2. As used in this section and sections 25-1-133, 25-1-134, and 25-7-105 (1)(e), unless the context otherwise requires:
      1. "Agency" means the air quality control commission created in section 25-7-104.
      2. "Disproportionately impacted community" means a community that is in a census block group, as determined in accordance with the most recent United States census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent; or is any other community as identified or approved by a state agency, if: The community has a history of environmental racism perpetuated through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or the community is one where multiple factors, including socioeconomic stressors, disproportionate environmental burdens, vulnerability to environmental degradation, and lack of public participation, may act cumulatively to affect health and the environment and contribute to persistent disparities. As used in this subsection (2)(b)(II), "cost-burdened" means a household that spends more than thirty percent of its income on housing, and "low income" means the median household income is less than or equal to two hundred percent of the federal poverty guideline.
      3. "Proposed state action" means:
         1. Rule-making proceedings held pursuant to section 24-4-103;
         2. Licensing proceedings, including the issuance and renewal of permits, held pursuant to section 24-4-104; and
         3. Adjudicatory hearings held pursuant to section 24-4-105.
3. Engagement.
   1. To promote the goal of state engagement of disproportionately impacted communities, an agency shall strive to create new ways to gather input from communities across the state, using multiple languages and multiple formats and transparently sharing information about adverse environmental effects from its proposed state action.
   2. When conducting outreach to and engagement of disproportionately impacted communities regarding a proposed state action, the agency shall:
      1. Schedule variable times of day and days of the week for opportunities for public input on the proposed state action, including at least one weekend time, one evening time, and one morning time for public input;
      2. Provide notice at least thirty days before any public input opportunity or before the start of any public comment period;
      3. Utilize several different methods of outreach and ways to publicize the proposed state action, including disseminating information through schools, clinics, social media, social and activity clubs, local governments, tribal governments, libraries, religious organizations, civic associations, community-based environmental justice organizations, or other local services;
      4. Provide several methods for the public to give input, such as in-person meetings, virtual and online meetings, online comment portals or e-mail, and call-in meetings;
      5. Consider using a variety of locations for public input on the proposed state action, including meeting locations in urban centers, in neighborhoods whose populations are predominantly Black, Indigenous, or people of color and have an average income below the state's average, and in rural locations in various regions of the state; and
      6. Create outreach materials concerning the proposed state action in layperson's terms, translated into the top two languages spoken in a community, that inform people of opportunities to provide input on the proposed state action, their rights, the possible outcomes, and the upcoming public input process.
4. The division of parks and wildlife created in section 33-9-104 shall, in conducting public outreach regarding the keep Colorado wild pass pursuant to section 33-12-108 (7):
   1. Include outreach to and engagement of disproportionately impacted communities with a goal to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to public input received to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community; and
   2. Engage disproportionately impacted communities in accordance with the procedures set forth in subsection (3) of this section.

Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2725, § 3, effective July 2; (4) added, (SB 21-249), ch. 273, p. 1587, § 2, effective September 7.

Editor's note: (1) Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act adding this section applies to conduct occuring on or after July 2, 2021.

(2) Section 11(3) of chapter 273 (SB 21-249), Session Laws of Colorado 2021, provides that the act adding subsection (4) of this section applies to conduct occuring on or after September 7, 2021.

Cross references: For the short title ("Environmental Justice Act") and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

24-4-201. Definitions.

As used in this part 2, unless the context otherwise requires:

1. "Authority to practice" or "authorized to practice" means the holding of a currently valid license to practice in an occupation or a currently valid certification or registration necessary to practice in an occupation if the person is licensed, certified, or registered.
2. "Military occupational specialty" means the category or categories of special duties a member of the United States armed forces is trained to perform.
3. "Occupation" means an occupation or profession that is licensed, certified, or registered under state statute.
4. "State agency" means any department, division, board, or other agency of the state of Colorado that certifies, licenses, or registers an occupation.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10.

24-4-202. Legislative declaration - reports - repeal.

1. The general assembly intends that:
   1. Each state agency that authorizes more than ten occupations to practice or oversees other agencies that authorize more than ten occupations to practice should have implemented this part 2 for:
      1. At least twenty-five percent of the occupations by December 30, 2018;
      2. At least fifty percent of the occupations by December 30, 2020; and
      3. All of the occupations by December 30, 2022;
   2. Each state agency that authorizes ten or fewer occupations to practice or oversees other agencies that authorize ten or fewer occupations to practice should have implemented this part 2 for:
      1. At least fifty percent of the occupations by December 30, 2018; and
      2. All of the occupations by December 30, 2020.
2. 1. Notwithstanding section 24-1-136 (11), each state agency that authorizes an occupation to practice shall provide by June 30, 2017, and by June 30 of each year thereafter until June 30, 2023, a written report of its progress in implementing this part 2 to each member of: The general assembly; the business affairs and labor committee of the house of representatives; the business, labor, and technology committee of the senate; the state, veterans, and military affairs committees of the house of representatives and the senate, or their successor committees.
   2. This subsection (2) is repealed, effective July 1, 2023.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10.

24-4-203. Evaluation and implementation.

1. Each agency shall:
   1. Document the following results and publish a summary of pathways available to a veteran to obtain authorization to practice an occupation:
      1. Evaluate the extent to which military training meets all or part of the state requirements to be authorized to practice an occupation;
      2. Identify reciprocity mechanisms with other states; and
      3. Determine if an occupational exam is available to authorize a veteran to practice an occupation;
   2. Consult with community colleges and other post-secondary educational institutions with regard to:
      1. Courses or programs to cover the gap between military occupational specialty training and the training required to be authorized to practice an occupation; and
      2. Refresher courses for the reinstatement of lapsed civilian credentials; and
   3. Consider adopting a national credentialing exam.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10.

24-4-204. Consultation - cooperation.

1. Each state agency may consult with any federal or state military official or agency, state agency, or post-secondary educational institution to determine how best to implement this part 2.
2. Nothing in this part 2 gives a state agency authority to determine curriculum, programs, or courses offered at any post-secondary education institution.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10.

24-4.1-100.1. Short title.

This part 1 shall be known and may be cited as the "Colorado Crime Victim Compensation Act".

Source: L. 82: Entire section added, p. 364, § 1, effective March 22. L. 84: Entire section amended, p. 657, § 5, effective May 14.

24-4.1-101. Legislative declaration.

The general assembly hereby finds that an effective criminal justice system requires the protection and assistance of victims of crime and members of the immediate families of such victims in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. The general assembly hereby intends to provide protection and assistance to victims and members of the immediate families of such victims by declaring and implementing the rights of such persons and by lessening the financial burden placed upon victims due to the commission of crimes. This article shall be liberally construed to accomplish such purposes.

Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 92: Entire section amended, p. 415, § 1, effective January 14, 1993.

Cross references: For constitutional provisions relating to the rights of crime victims, see § 16a of article II, Colo. Const.; for statutory provisions relating to the rights of victims of and witnesses to crimes, see part 3 of this article.

24-4.1-102. Definitions.

As used in this part 1, unless the context otherwise requires:

1. "Applicant" means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such victim's death, the term includes any person who was his dependent at the time of the death of that victim.

   (1.3) "Assault by strangulation" means assault as described in section 18-3-202 (1)(g) or 18-3-203 (1)(i).

2. "Board" means the crime victim compensation board in each judicial district.
3. "Child" means an unmarried person who is under eighteen years of age. The term includes a posthumous child, a stepchild, or an adopted child.
4. 1. "Compensable crime" means:
      1. An intentional, knowing, reckless, or criminally negligent act of a person or any act in violation of section 42-4-1301 (1) or (2), C.R.S., that results in residential property damage to or bodily injury or death of another person or results in loss of or damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state; or
      2. An act in violation of section 42-4-1402, C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident results in the death or bodily injury of another person.
   2. "Compensable crime" includes federal offenses that are comparable to those specified in paragraph (a) of this subsection (4) and are committed in this state.
5. 1. "Dependent" means relatives of a deceased victim who, wholly or partially, were dependent upon the victim's income at the time of death or would have been so dependent but for the victim's incapacity due to the injury from which the death resulted.
   2. "Dependent" also means the child or spouse of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, C.R.S., with the accused, if the accused provided household support to the dependent.
6. "Economic loss" means economic detriment consisting only of allowable expense, net income, replacement services loss, and, if injury causes death, dependent's economic loss. The term does not include noneconomic detriment.
7. "Fund" means the crime victim compensation fund as established in each judicial district.

   (7.5) "Household support" means the monetary support that a dependent would have received from the accused for the purpose of maintaining a home or residence.

8. "Injury" means impairment of a person's physical or mental condition and includes pregnancy.
   1. (8.5) (a) "Property damage" means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling.
   2. "Property damage" also includes expenses related to the rekeying of a motor vehicle or other locks necessary to ensure a victim's safety.
9. "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, "relative" includes any person who has a family-type relationship with a victim.
10. 1. "Victim" means any of the following persons who suffer property damage, economic loss, injury, or death as a result of a compensable crime perpetrated or attempted in whole or in part in this state:
       1. Any person against whom a compensable crime is perpetrated or attempted. Such person shall be referred to as a "primary victim".
       2. Any person who attempts to assist or assists a primary victim;
       3. Any person who is a relative of a primary victim.
    2. "Victim" also means a person who suffers injury or death, the proximate cause of which is a compensable crime perpetrated or attempted in the person's presence against a primary victim.
    3. "Victim" also means a person who is a resident of this state and who is a victim of a crime that occurred outside of this state, where the crime would be a compensable crime had it occurred in this state and where the state or country in which the crime occurred does not have a crime victim compensation program for which the person would be eligible.
    4. "Victim" also means a person who is a resident of this state who is injured or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States.

Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 83: (4) and (10) amended and (8.5) added, pp. 669, 854, 1648, §§ 16, 1, 19, effective July 1. L. 84: IP(1) and (1) amended, p. 657, § 6, effective May 14. L. 85: (1) and (6) amended, p. 792, § 1, effective April 11. L. 90: (10) amended, p. 1179, § 1, effective July 1. L. 94: (4) amended, p. 2555, § 50, effective January 1, 1995. L. 95: (8) to (10) amended, p. 1400, § 1, effective July 1. L. 97: (4) and (10)(c) amended and (10)(d) added, p. 1560, § 3, effective July 1. L. 98: (10)(d) amended, p. 517, § 1, effective April 30. L. 99: (10)(d) amended, p. 58, § 10, effective March 15. L. 2015: (4)(a)(II), (5), and (8.5) amended and (7.5) added, (HB 15-1035), ch. 60, p. 143, § 1, effective March 30. L. 2021: (1.3) added, (HB 21-1165), ch. 129, p. 520, § 2, effective May 10.

Cross references: For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021.

24-4.1-103. Crime victim compensation board - creation.

1. There is hereby created in each judicial district a crime victim compensation board. Each board shall be composed of three members to be appointed by the district attorney. The district attorney shall designate one of the members as chairman. To the extent possible, members shall fairly reflect the population of the judicial district.
2. The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a three-year term, one for a two-year term, and one for a one-year term. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board.
3. Members of the board shall receive no compensation but are entitled to be reimbursed for travel expenses at the rate authorized for state employees.

Source: L. 81: Entire article added, p. 1136, § 5, effective July 1. L. 90: (2) amended, p. 1179, § 2, effective July 1.

24-4.1-104. District attorney to assist board.

The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 657, § 7, effective May 14.

24-4.1-105. Application for compensation.

1. A person who may be eligible for compensation under this part 1 may apply to the board in the judicial district in which the crime was committed. In a case in which the person entitled to apply is a minor, the application may be made on his behalf by his parent or guardian. In a case in which the person entitled to apply is mentally incompetent, the application may be made on his behalf by his parent, conservator, or guardian or by any other individual authorized to administer his estate.
2. 1. In order to be eligible for compensation under this part 1, the applicant shall submit reports, if reasonably available, from any physician who has treated or examined the victim at the time of or subsequent to the victim's injury or death. The report shall be in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or the report on the cause of death of the victim by a medical expert would be of material aid to its determination, the board may order the reports.
   2. In order to be eligible for compensation for property damage under this part 1, the applicant shall submit a report or case number, if reasonably available, from a law enforcement agency which shall set forth the nature of the property damage which is the result of a compensable crime.
3. If the applicant makes any false statement as to a material fact, he shall be ineligible for an award pursuant to this part 1.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 83: (2) amended, p. 669, § 17, effective July 1. L. 84: Entire section amended, p. 657, § 8, effective May 14.

24-4.1-106. Hearings.

1. The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106.
2. The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of this part 1. The standard of proof is by a preponderance of the evidence.
3. If a person has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted shall not raise a presumption that the claim is invalid.
4. Orders and decisions of the board are final.
5. Review of an order or decision of the board may be made in accordance with the Colorado rules of civil procedure.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 9, effective May 14.

24-4.1-107. Regulations.

In the performance of its functions, the board, pursuant to article 4 of this title, is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this part 1.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 10, effective May 14.

24-4.1-107.5. Confidentiality of materials - definitions.

1. For purposes of this section, unless the context otherwise requires:
   1. "In camera review" means the judge views the material in private, without either party present.
   2. "Materials" means any records, claims, writings, documents, or information.
2. Any materials received, made, or kept by a board or a district attorney to process a claim on behalf of a crime victim under this article are confidential. The district attorney shall have standing in any action to oppose the disclosure of any such materials. A board shall not provide through discovery in any civil or criminal action any exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim except:
   1. In the event of the review by the court of an order or decision of the board pursuant to section 24-4.1-106, and then only to the extent narrowly and necessary to obtain court review; or
   2. Upon a strict showing to the court in a separate civil or a criminal action that particular information or documents are known to exist only in board records. The court may inspect in camera such records to determine whether the specific requested information exists. If the court determines that the specific information sought exists in the board's records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety or welfare of the victim or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.
3. In a proceeding for determining the amount of restitution, if the defendant's request is not speculative and is based on an evidentiary hypothesis that warrants an in camera review to rebut the presumption established in section 18-1.3-603, C.R.S., the court may release additional information contained in the records of the board only after an in camera review and additionally finding that the information:
   1. Is necessary for the defendant to dispute the amount claimed for restitution; and
   2. Will not pose any threat to the safety or welfare of the victim, or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.

Source: L. 2000: Entire section added, p. 242, § 7, effective March 29. L. 2015: Entire section amended, (HB 15-1035), ch. 60, p. 144, § 2, effective March 30.

24-4.1-108. Awarding compensation.

1. A person is entitled to an award of compensation under this part 1 if:
   1. The person is a victim or a dependent of a victim or a successor in interest under the "Colorado Probate Code" of a victim of a compensable crime which was perpetrated on or after July 1, 1982, and which resulted in a loss;
   2. The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death of or injury to the victim within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
   3. The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant, or the board has found good cause exists for the failure to cooperate, or, if the applicant is a victim of assault by strangulation, the applicant cooperates with law enforcement by undergoing a medical forensic examination;
   4. Repealed.
   5. The death of or injury to the victim was not substantially attributable to his wrongful act or substantial provocation of his assailant; and
   6. The application for an award of compensation under this part 1 is filed with the board within one year of the date of injury to the victim or within such further extension of time as the board, for good cause shown, allows. For purposes of this paragraph (f), "good cause" may include but is not limited to circumstances in which a crime has remained unsolved for more than one year.

   (1.5) A person is entitled to an award of compensation for property damage under this part 1 if:

   1. The person is a victim of a compensable crime which was perpetrated on or after July 1, 1983, and which resulted in property damage;
   2. The appropriate law enforcement officials were notified of the perpetration of the crime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
   3. The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant or the board has found good cause exists for the failure to cooperate; and
   4. The application for an award of compensation for property damage under this part 1 is filed with the board within six months of the date of property damage or within such further extension of time as the board, for good cause shown, allows.
2. The board may waive any of the requirements set forth in this section, or the limitations set forth in section 24-4.1-109 (1), or order a denial or reduction of an award if, in the interest of justice, it is so required.
3. Upon a finding by the board that compensation should be awarded, the board shall submit a statement of award to the court administrator who shall remit payment in accordance with the statement of award.
4. Consistent with approved standards established pursuant to section 24-4.1-117.3 (3) for the administration of crime victim compensation funds, the board may develop policies to ensure that primary victims are compensated and to ensure that available moneys in the fund are not exceeded.

Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (1)(f) amended and (1.5) added, pp. 668, 669, 854, §§ 14, 18, 2, effective July 1. L. 84: IP(1), (1)(f), IP(1.5), and (1.5)(d) amended, pp. 658, 1120, §§ 11, 20, effective May 14. L. 85: (2) amended, p. 792, § 2, effective April 11. L. 89: (1)(d) repealed, p. 1016, § 3, effective April 23. L. 95: (4) added, p. 1401, § 2, effective July 1. L. 2009: (4) amended, (SB 09-047), ch. 129, p. 556, § 4, effective July 1. L. 2012: (1)(f) amended, (HB 12-1053), ch. 244, p. 1158, § 4, effective August 8. L. 2021: (1)(c) amended, (HB 21-1165), ch. 129, p. 520, § 3, effective May 10.

Cross references: (1) For the "Colorado Probate Code", see articles 10 to 17 of title 15.

(2) For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021.

24-4.1-109. Losses compensable.

1. L osses compensable under this part 1 resulting from death of or injury to a victim include:
   1. Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices;
   2. L oss of earnings;
   3. Outpatient care;
   4. Homemaker and home health services;
   5. Burial expenses;
   6. Loss of support to dependents;
   7. Mental health counseling;
   8. Household support; except that household support is only available to a dependent when:
      1. The offender is accused of committing the criminally injurious conduct that is the basis of the dependent's claim under this article;
      2. As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and
      3. The dependent provides verification of dependency on the offender at the time of the criminal event.
   1. (1.5) (a) Losses compensable under this part 1 resulting from property damage include:
      1. 1. Repair or replacement of property damaged as a result of a compensable crime; or
         2. Payment of the deductible amount on a residential insurance policy;
      2. Any modification to the victim's residence that is necessary to ensure victim safety; and
      3. The rekeying of a motor vehicle or other lock that is necessary to ensure the victim's safety.
   2. (Deleted by amendment, L. 98, p. 517, § 2, effective April 30, 1998.)
2. Compensable losses do not include:
   1. Pain and suffering or property damage other than residential property damage or rekeying a lock pursuant to subparagraph (III) of paragraph (a) of subsection (1.5) of this section; or
   2. Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars.
   3. Repealed.

Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (2)(b) amended and (1.5) added, pp. 670, 854, §§ 19, 3, effective July 1. L. 84: Entire section amended, p. 659, § 12, effective May 14. L. 85: (1)(g) added, p. 792, § 3, effective June 6. L. 89: (1.5)(a)(II) amended, p. 1016, § 1, effective April 23. L. 93: (2) amended, p. 2051, § 1, effective June 9. L. 98: (1.5) and (2)(b) amended, p. 517, § 2, effective April 30. L. 2015: (1)(h) and (1.5)(a)(III) added, (1.5)(a)(I)(B), (1.5)(a)(II), (2)(a), and (2)(b) amended, and (2)(c) repealed, (HB 15-1035), ch. 60, p. 145, § 3, effective March 30.

24-4.1-110. Recovery from collateral source.

1. The board shall deduct from compensation it awards under this part 1 any payments received by the applicant from the offender or from a person on behalf of the offender, from the United States or any state, or any subdivision or agency thereof, from a private source, or from an emergency award under this part 1 for injury or death compensable under this part 1, excluding death or pension benefits.
2. If compensation is awarded under this part 1 and the person receiving it also receives a collateral sum under subsection (1) of this section which has not been deducted from it, he shall refund to the board the lesser of the sums or the amount of compensation paid to him under this part 1 unless the aggregate of both sums does not exceed his losses. The fund shall be the payer of last resort.
3. If a defendant is ordered to pay restitution under article 18.5 of title 16, C.R.S., to a person who has received compensation awarded under this part 1, an amount equal to the compensation awarded shall be transmitted from such restitution to the board for allocation to the fund.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 83: Entire section amended, p. 670, § 20, effective July 1. L. 84: (1)(b) amended, p. 659, § 13, effective May 14. L. 98: (3) amended, p. 823, § 33, effective August 5. L. 2000: (3) amended, p. 1051, § 20, effective September 1. L. 2006: (2) amended, p. 422, § 5, effective April 13.

24-4.1-111. Compensation to relatives.

1. A relative of a victim, even though he was not a dependent of the victim, is eligible for compensation for reasonable medical or burial expenses for the victim, if:
   1. Such expenses were paid by him; and
   2. He files a claim in the manner provided in this part 1.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1)(b) amended, p. 659, § 14, effective May 14.

24-4.1-112. Emergency awards.

1. The board may order an emergency award to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Awards pursuant to this section are intended to cover expenses incurred by crime victims in meeting their immediate short-term needs. The amount of such award shall not exceed two thousand dollars and shall be deducted from any final award made as a result of the claim.
2. If the amount of such emergency award exceeds the sum the board would have awarded pursuant to this part 1, such excess shall be repaid by the recipient.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (2) amended, p. 659, § 15, effective May 14. L. 98: (1) amended, p. 518, § 3, effective April 30. L. 2015: (1) amended, (HB 15-1035), ch. 60, p. 146, § 4, effective March 30.

24-4.1-113. Fees.

No fee may be charged to the applicant by the board in any proceeding under this article.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1.

24-4.1-114. Assignment, attachment, or garnishment of award.

No compensation payable under this article, prior to actual receipt thereof by the person or beneficiary entitled thereto or his legal representative, shall be assignable or subject to execution, garnishment, attachment, or any other process, including process to satisfy an order or judgment for support or alimony.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1.

24-4.1-114.5. Limitations on characterization of award as income.

No compensation payable to an applicant under this part 1 shall be included in the applicant's income for purposes of the Colorado income tax imposed in article 22 of title 39, C.R.S.; nor shall it be considered as income, property, or support for the purposes of determining the eligibility of the applicant for public assistance or the amount of assistance payments pursuant to section 26-2-108, C.R.S.

Source: L. 83: Entire section added, p. 856, § 1, effective July 1. L. 84: Entire section amended, p. 659, § 16, effective May 14. L. 87: Entire section amended, p. 1452, § 28, effective June 22.

24-4.1-115. Survival of rights.

The rights to compensation created by this part 1 are personal and shall not survive the death of the person or beneficiary entitled to them; except that, if death occurs after an application for compensation has been filed with the board, the proceeding shall not abate but may be continued by the legal representative of the decedent's estate.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 17, effective May 14.

24-4.1-116. Subrogation.

The acceptance of an award made pursuant to this part 1 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 18, effective May 14.

24-4.1-116.5. Collection actions against crime victims - suspension.

1. A medical service provider or medical service provider billing agent shall suspend all debt collection actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a period of ninety days to allow an opportunity for the board to resolve the claim, if, within one hundred eighty days after date of services rendered as part of the criminal episode, the claimant files an application for a claim with the board pursuant to section 24-4.1-105 and:
   1. Provides written notice to the medical service provider or its billing agent that a claim has been submitted to the board, including a crime victim compensation claim number; and
   2. Authorizes the medical service provider or its billing agent to confirm with the board the claimant's claim status and date of resolution as it relates to the medical provider's specific debt.
2. The provisions of this section apply only to the claimant and not to a collateral source on the claimant's behalf.
3. The provisions of subsection (1) of this section:
   1. Do not require the deletion of the debt on the claimant's credit report if the debt had already been reported to one or more credit bureaus prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.
   2. Do not apply to any debt where a lawsuit has been commenced against the claimant for the collection of the debt prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.

Source: L. 2015: Entire section added, (HB 15-1035), ch. 60, p. 146, § 5, effective March 30.

24-4.1-117. Fund created - control of fund.

1. The crime victim compensation fund is hereby established in the office of the court administrator of each judicial district for the benefit of eligible applicants under this part 1.

   (1.5) Repealed.

2. The fund consists of all money paid as a cost or surcharge levied on criminal actions, as provided in section 24-4.1-119; any federal money available to state or local governments for victim compensation; all money received from any action or suit to recover damages from an assailant for a compensable crime which was the basis for an award of, and limited to, compensation received under this part 1; any restitution paid by an assailant to a victim for damages for a compensable crime which was the basis for an award received under this part 1 and for damages for which the victim has received an award of, and limited to, compensation received under this part 1; money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that the general assembly may appropriate or transfer to the fund.
3. All moneys deposited in the fund shall be deposited in an interest-bearing account, which shall be no less secure than those used by the state treasurer, and which shall yield the highest interest possible. All interest earned by moneys in the fund shall be credited to the fund.
4. At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for use the succeeding year.
5. All moneys deposited in the fund shall be used solely for the compensation of victims pursuant to this part 1; except that the district attorney and the court administrator may use an aggregate of no more than twelve and one-half percent of the total amount of moneys in the crime victim compensation fund for administrative costs incurred pursuant to this part 1. The district attorney shall be permitted to use no more than ten percent of the total amount of moneys in the fund for administrative costs. The court administrator shall be permitted to use no more than two and one-half percent of the total amount of moneys in the fund for administrative costs.
6. Grants of federal funds that are accepted pursuant to this part 1 for the purpose of assisting crime victims shall not be used to supplant state funds available to assist crime victims.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1), (2), and (5) amended, p. 660, § 19, effective May 14. L. 85: (6) added, p. 793, § 4, effective April 11. L. 89: (5) amended, p. 1016, § 2, effective April 23. L. 98: (5) amended, p. 518, § 4, effective April 30. L. 2007: (2) amended, p. 1112, § 2, effective July 1. L. 2021: (1.5) repealed and (2) amended, (HB 21-1315), ch. 461, pp. 3114, 3120, §§ 21, 33, effective July 6.

Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

24-4.1-117.3. Crime victim services advisory board - creation - duties.

1. There is hereby created in the division of criminal justice in the department of public safety the crime victim services advisory board, referred to in this section as the "advisory board". The advisory board shall exercise its powers and perform its duties and functions under the division of criminal justice in the department of public safety and the executive director of the department of public safety, referred to in this section as the "executive director", as if the same were transferred to the department of public safety by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title.
2. 1. The advisory board shall consist of at least seventeen members appointed by the executive director, including but not limited to:
      1. A judge;
      2. An elected district attorney, the assistant district attorney, or a chief deputy district attorney;
      3. A member of a crime victim compensation board created in section 24-4.1-103;
      4. A member of a local victims and witnesses assistance and law enforcement board created in section 24-4.2-101;
      5. An administrator of crime victim compensation from a district attorney's office;
      6. An administrator of victims and witnesses assistance from a district attorney's office;
      7. A representative of a statewide victims' organization;
      8. A judicial district administrator or judicial district representative;
      9. A representative of a domestic violence program;
      10. A representative of a sexual assault program;
      11. A sheriff or sheriff's representative;
      12. A police chief or police representative;
      13. A deputy district attorney;
      14. A victim of a crime of violence; and
      15. Three members of the community at large.
   2. The executive director may consider geographic diversity when making appointments to the advisory board.
   3. The term of office for each member of the advisory board shall be three years; except that, of the members first appointed, six members shall be appointed to serve one-year terms and six members shall be appointed to serve two-year terms.
   4. Members of the advisory board shall serve at the pleasure of the executive director or until the member no longer serves in the position for which he or she was appointed to the advisory board, at which time a vacancy shall be deemed to exist on the advisory board. If a vacancy arises on the advisory board, the executive director shall appoint an appropriate person to serve for the remainder of the unexpired term.
   5. The executive director shall appoint the initial members of the advisory board on or before August 1, 2009. The executive director may reappoint a person to serve an unlimited number of consecutive terms. The executive director shall annually appoint a chairperson of the advisory board who shall preside over the advisory board's meetings.
   6. Members of the advisory board shall serve without compensation but may be reimbursed for actual travel expenses incurred in the performance of their duties.
3. The advisory board's powers and duties shall include, but need not be limited to, the following:
   1. To develop and revise, when necessary, standards for the administration of the crime victim compensation fund established in section 24-4.1-117 in each judicial district and the victims and witnesses assistance and law enforcement fund established in section 24-4.2-103 in each judicial district, and to develop, revise when necessary, and impose sanctions for violating these standards;
   2. To review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article;
   3. To distribute profits from crime pursuant to section 24-4.1-201;
   4. To advise and make recommendations to the division of criminal justice in the department of public safety concerning the award of grants pursuant to sections 24-33.5-506 and 24-33.5-507; and
   5. To establish subcommittees of the advisory board from within the membership of the advisory board, which subcommittees shall include, but need not be limited to:
      1. A standards subcommittee that shall make recommendations to the advisory board concerning the development and revision, when necessary, of standards and sanctions for the violation of standards to assist the advisory board in implementing paragraph (a) of this subsection (3); and
      2. A victim rights subcommittee that shall review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article to assist the advisory board in implementing paragraph (b) of this subsection (3).
4. The advisory board shall not release to the public any records submitted to or generated by the advisory board or a subcommittee of the advisory board for the purposes of the advisory board's or the subcommittee's review, pursuant to paragraph (b) of subsection (3) of this section, of a report of noncompliance with this article until the report of noncompliance has been reviewed and resolved by the advisory board. The advisory board shall redact all victim-identifying information from any document released to the public.

Source: L. 2009: Entire section added, (SB 09-047), ch. 129, p. 553, § 1, effective July 1.

24-4.1-117.5. Standards for administration of funds - sanctions. (Repealed)

Source: L. 90: Entire section added, p. 1180, § 3, effective July 1. L. 93: Entire section amended, p. 2051, § 2, effective June 9. L. 95: (2)(b)(I) amended, p. 1401, § 3, effective July 1. L. 2009: Entire section repealed, (SB 09-047), ch. 129, p. 558, § 10, effective July 1.

24-4.1-117.7. State crime victims compensation program - creation - appropriation.

There is created in the division of criminal justice in the department of public safety the state victim compensation program. The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the compensation of victims pursuant to this part 1 that also conforms with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety shall distribute the money appropriated pursuant to this section based on need.

Source: L. 2021: Entire section added, (SB 21-292), ch. 291, p. 1721, § 4, effective June 22.

Cross references: For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.

24-4.1-118. Court administrator custodian of fund - disbursements.

The court administrator of each judicial district shall be the custodian of the fund, and all disbursements from the fund shall be paid by him upon written authorization of the board or the court.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1.

24-4.1-119. Costs and surcharges levied on criminal actions and traffic offenses.

1. 1. Except as provided in subsection (1)(c) of this section, a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these costs to the clerk of the court. Each clerk shall transmit the costs received to the court administrator of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
   2. The costs required by paragraph (a) of this subsection (1) shall not be levied on criminal actions which are charged pursuant to the penalty assessment provisions of section 42-4-1701, C.R.S., or to any violations of articles 1 to 15 of title 33, C.R.S.
   3. A cost of thirty-three dollars is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, C.R.S., of a violation of section 42-4-1301 (1) or (2), C.R.S. This cost shall be paid to the clerk of the court, who shall deposit the same in the crime victim compensation fund established in section 24-4.1-117.
   5. Repealed.
   6. 1. A surcharge is hereby levied against each penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of the surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no surcharge amount is specified, the surcharge shall be calculated as thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this paragraph (f) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the crime victim compensation fund established in that judicial district as provided in section 42-1-217, C.R.S.
      2. All calculated surcharge amounts pursuant to this paragraph (f) resulting in dollars and cents shall be rounded down to the nearest whole dollar.
      3. The surcharges levied pursuant to this paragraph (f) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.

   (1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.

2. For purposes of determining the order of priority for payments required of a defendant pursuant to section 18-1.3-204 (2.5), C.R.S., the payments to the victim compensation fund required under this part 1 shall be the first obligation of the defendant.
3. The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable as to the collection of costs levied pursuant to this part 1.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 82: (1) amended, p. 364, § 2, effective March 22; (1)(a) amended and (1)(c) added, p. 604, § 5, effective July 1. L. 83: (1)(a) amended and (1)(d) added, p. 668, § 15, effective July 1. L. 84: (1)(a), (2), and (3) amended, pp. 660, 923, 1120, §§ 20, 15, 21, effective July 1. L. 85: (1)(a) amended, p. 793, § 5, effective April 11. L. 86: (1)(a) amended and (1)(e) added, p. 871, § 1, effective July 1. L. 87: (1)(d) and (1)(a) amended and (1)(e) repealed, pp. 819, 1496, 1529, §§ 32, 6, 74, effective July 1. L. 93: (1) amended, p. 2053, § 3, effective June 9. L. 94: (1)(c) and (1)(d) amended, p. 1637, § 48, effective May 31; (1)(b) and (1)(c) amended, p. 2555, § 51, effective January 1, 1995. L. 96: (1)(d) amended, p. 1695, § 35, effective January 1, 1997. L. 2002: (1)(a), (1)(c), (2), and (3) amended, p. 1529, § 239, effective October 1. L. 2007: (1)(a) and (1)(c) amended and (1)(f) added, p. 1111, § 1, effective July 1. L. 2010: (1)(f)(II) amended and (1.5) added, (HB 10-1265), ch. 178, p. 641, § 1, effective April 29. L. 2021: (1)(a) amended and (1)(d) repealed, (HB 21-1315), ch. 461, p. 3108, § 6, effective July 6; (1)(d) amended, (SB 21-059), ch. 136, p. 742, § 107, effective October 1.

Editor's note: (1) Amendments to subsection (1)(c) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.

(2) Subsection (1)(d) was amended in SB 21-059, effective October 1, 2021. However, those amendments were superseded by the repeal of subsection (1)(d) in HB 21-1315, effective July 6, 2021.

Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.

(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a), (1)(c), (2), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.

(3) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

24-4.1-120. Effective dates of provisions of this article.

Sections 24-4.1-117 to 24-4.1-120 originally took effect July 1, 1981. Sections 24-4.1-101 to 24-4.1-116 originally took effect July 1, 1982.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1.

24-4.1-121. Repeal. (Repealed)

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 85: Entire section repealed, p. 794, § 7, effective April 11.

24-4.1-122. Reports.

On or before October 1, 1985, and on or before each October 1 thereafter, the court administrator of each judicial district shall report to the state court administrator the amount of moneys collected by the judicial district in the prior fiscal year and the amount of moneys distributed to crime victims in the prior fiscal year by the board.

Source: L. 85: Entire section added, p. 793, § 6, effective April 11.

24-4.1-123. When redistribution of moneys required. (Repealed)

Source: L. 85: Entire section added, p. 793, § 6, effective April 11. L. 2002: Entire section repealed, p. 48, § 1, effective March 21.

24-4.1-124. State crime victim compensation fund - creation - allocation of moneys. (Repealed)

Source: L. 85: Entire section added, p. 794, § 6, effective April 11. L. 98: (2) amended, p. 518, § 5, effective April 30. L. 2002: Entire section repealed, p. 48, § 2, effective March 21.

24-4.1-201. Distribution of profits from crime - escrow account - civil suit by victim - definitions.

1. The general assembly hereby finds that the state has a compelling interest in preventing any person who is convicted of a crime from profiting from the crime and in recompensing victims of the crime. It is therefore the intent of the general assembly to provide a mechanism whereby any profits from a crime that are received by the person convicted of the crime are available as restitution to the victims of the crime.

   (1.3) For purposes of this part 2, "victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode or plan or if such person is deceased or incapacitated, the person's spouse, parent, child, sibling, grandparent, significant other, or other lawful representative. For purposes of this part 2, any person under the age of eighteen years is considered incapacitated, unless that person is emancipated.

   1. (1.5) (a) For purposes of this part 2, "profits from the crime" means:
      1. Any property obtained through or income generated from the commission of the crime of which the defendant was convicted;
      2. Any property obtained by or income generated from the sale, conversion, or exchange of proceeds of the crime of which the defendant was convicted, including any gain realized by such sale, conversion, or exchange; and
      3. Any property that the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange.
   2. 1. Any person who contracts with a person convicted of a crime in this state, or such person's representative or assignee, for payment of any profits from the crime of which such person is convicted shall pay to the crime victim services advisory board created in section 24-4.1-117.3 (1), referred to in this part 2 as the "board", any money that would otherwise by terms of the contract be paid to the convicted person or such person's representatives or assignees. The board shall distribute the money as described in paragraph (b.5) of this subsection (1.5).
      2. Any person or any person's agent or other legal representative who contracts with a convicted person, or the convicted person's representative or assignee, in the manner described in subparagraph (I) of this paragraph (b), shall:
         1. Submit a copy of the contract or a summary of the terms of an oral agreement to the board;
         2. Pay over to the board any moneys or consideration not subject to an order of restitution and that by the terms of the contract would be otherwise owing to the convicted person or owing to a representative or assignee of the convicted person.
   3. If there is a court order of restitution in the criminal case resulting from the crime that remains unpaid, any money received under paragraph (b) of this subsection (1.5) must first be applied to that order of restitution. If there is no outstanding balance from an order of restitution or there remains additional money, and all victims are identified and can be located, the money received or the remaining portion must be apportioned pro rata to the identified victims. For purposes of this section, "victim" has the same meaning as in section 24-4.1-302 (5). If all victims are not known or cannot be located, the board shall deposit the remaining money in an escrow account for the benefit of the victims.
   4. Upon the establishment of an escrow account, any person who is a victim of the crime from which a convicted person receives profits under paragraph (b) of this subsection (1.5) may, within three years of establishment of the escrow account, enforce any judgment entered against the convicted person against the money on deposit in the escrow account. If no judgment has been entered, the victim may bring a civil action in a court of competent jurisdiction to recover a judgment against the convicted person or such person's representatives or designees. After all filed claims are established, the board shall distribute the money in the escrow account to satisfy the claims, or such fraction of each claim as can be fulfilled by the available money.
   5. 1. Upon establishing an escrow account pursuant to paragraph (b) of this subsection (1.5), the board shall notify any victims of the crime of which the person was convicted at such victims' last known addresses of the establishment of the escrow account.
      2. Unless all victims have been identified and can be located, the board shall publish at least once annually from the date of the establishment of the escrow account, a notice of the escrow account's establishment in a newspaper having general circulation throughout the county in which the crime was committed. The expenses of notification shall be paid from the amount received in the escrow account. The board, in its discretion, may provide for such additional notice as it deems necessary.
      3. The notice required under subparagraphs (I) and (II) of this paragraph (d) shall specify the existence of the escrow account, the amount on deposit, and the victim's right to execute an order of restitution or bring a civil action to recover against the moneys in the escrow account within three years after the date the escrow account is established.
   6. 1. Any person who knowingly fails to comply with any requirement of subparagraph (II) of paragraph (b) of this subsection (1.5) shall be liable for a civil penalty of not less than ten thousand dollars nor more than three times the contract amount.
      2. If two or more persons are adjudged liable for the civil penalty imposed, such persons shall be jointly and severally liable.
      3. After notice and opportunity to be heard is provided, the court, by order of judgment, may assess the penalty described in this paragraph (e). All moneys received from the payment of these penalties shall be paid over to the board.
      4. In any action or proceeding brought to enforce the contract provisions of this subsection (1.5), the court shall have jurisdiction to grant the attorney general, without bond or other undertaking, any injunctive relief necessary to prevent any payment under a contract that is prohibited under this subsection (1.5).

   (1.7) For purposes of this section, "person" means any natural person, firm, corporation, partnership, association, or other legal entity.

2. If funds remain in the escrow account after payment of a money judgment pursuant to subsection (1) of this section and if no civil actions are pending under this section after three years from the establishment of an escrow account, the board shall notify the department of corrections of the existence of such escrow account. The department of corrections shall certify to the board a statement of the costs of maintenance of the person in the state correctional institution or institutions at which the person was incarcerated. A statement of the cost of maintenance shall be submitted annually for payment to the department of corrections by the board until such time as the person is released from custody of the state. No such payment shall be made upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account.
3. Upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account or upon a showing by the defendant that three years have elapsed from the establishment of an escrow account and that no civil actions are pending against him or her under this section, the board shall immediately pay any money in the escrow account to the defendant except for funds paid to the department of corrections and anticipated as necessary for future payment to the department of corrections as set forth in subsection (2) of this section.
4. If an escrow account is established under this section, no otherwise applicable statute of limitations on the time within which civil action may be brought bars action by a victim of a crime committed by the person accused or convicted of the crime, as to a claim resulting from the crime, until three years have elapsed from the time the escrow account was established.

   (4.5) The escrow account shall be established for a period of three years. If an action is filed by a victim to recover the victim's interest in the escrow account within such three-year period, the escrow account shall continue until the conclusion of such action.

5. The board shall make payments from an escrow account to the accused upon an order of the court after a showing by the accused that:
   1. The money will be used for the exclusive purpose of retaining legal representation at any stage of the civil or criminal proceedings against him, including the appeals process; and
   2. He has insufficient assets, other than funds in the escrow account and assets which could be claimed as exempt from execution under state law, to provide for payment of the expenses of legal representation.
6. The attorney general, at the request of the board, shall bring an action to cause profits from the crime to be paid over and held in an escrow account established by the board.

Source: L. 84: Entire part added, p. 652, § 2, effective May 14. L. 88: (1) amended, p. 890, § 1, effective July 1. L. 94: (1) amended and (1.5) added, p. 1050, § 7, effective July 1. L. 2000: (1.3), (1.5)(e), (1.7), (4.5), and (6) added and (1.5)(b), (1.5)(d), (2), and (3) amended, pp. 239, 238, §§ 2, 1, effective March 29. L. 2009: (1.5)(b)(I) and (1.5)(e)(III) amended, (SB 09-047), ch. 129, p. 556, § 5, effective July 1. L. 2015: (1.5)(b)(I), (1.5)(c), (1.5)(d)(II), (1.5)(d)(III), (2), (3), (4), and (4.5) amended and (1.5)(b.5) added, (HB 15-1070), ch. 43, p. 106, § 1, effective March 20.

24-4.1-202. Notification of board.

It shall be the duty of the victim, the victim's attorney, or the victim's representative to notify the board within thirty days of the filing of any compensable claim under section 24-4.1-201.

Source: L. 84: Entire part added, p. 653, § 2, effective May 14.

24-4.1-203. More than one claim.

If more than one claim is filed against the moneys in escrow pursuant to section 24-4.1-201, the board shall disburse payments from the escrow account on a pro rata basis of all judgments obtained, according to the amount of money in the escrow account as compared to the amount of each claim. No compensation shall be disbursed until all pending claims have been settled or reduced to judgment.

Source: L. 84: Entire part added, p. 653, § 2, effective May 14.

24-4.1-204. Actions null and void.

Any action taken by a person who is accused or convicted of a crime or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities, or any other action, to defeat the purpose of this part 2 shall be null and void as against the public policy of this state.

Source: L. 84: Entire part added, p. 653, § 2, effective May 14.

24-4.1-205. Interest on moneys in the account.

Interest earned on the moneys deposited in the escrow account pursuant to section 24-4.1-201 shall accrue to the benefit of the payee of the account.

Source: L. 84: Entire part added, p. 654, § 2, effective May 14.

24-4.1-206. Annual reports of funds.

No later than February 15 of each year, the board shall make available a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. The board shall notify, in the most cost-effective manner available, each member of the general assembly of the availability of such report and offer to provide each member with a copy of the report.

Source: L. 84: Entire part added, p. 654, § 2, effective May 14. L. 99: Entire section amended, p. 686, § 2, effective August 4.

24-4.1-207. Applicability.

This part 2 shall apply to offenses committed on or after January 1, 1985.

Source: L. 84: Entire part added, p. 654, § 2, effective May 14.

24-4.1-301. Legislative declaration.

The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and well-being of the criminal justice system of this state. It is the intent of this part 3, therefore, to assure that all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants.

Source: L. 84: Entire part added, p. 654, § 3, effective May 14.

24-4.1-302. Definitions.

As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

1. "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:
   1. Murder in the first degree, in violation of section 18-3-102 , C.R.S.;
   2. Murder in the second degree, in violation of section 18-3-103 , C.R.S.;
   3. Manslaughter, in violation of section 18-3-104 , C.R.S.;
   4. Criminally negligent homicide, in violation of section 18-3-105 , C.R.S.;
   5. Vehicular homicide, in violation of section 18-3-106 , C.R.S.;
   6. Assault in the first degree, in violation of section 18-3-202 , C.R.S.;
   7. Assault in the second degree, in violation of section 18-3-203 , C.R.S.;
   8. Assault in the third degree, in violation of section 18-3-204 , C.R.S.;
   9. Vehicular assault, in violation of section 18-3-205 , C.R.S.;
   10. Menacing, in violation of section 18-3-206 , C.R.S.;
   11. (Deleted by amendment, L . 95, p. 1256, § 22, effective July 1, 1995.)
   12. First degree kidnapping, in violation of section 18-3-301 , C.R.S.;
   13. Second degree kidnapping, in violation of section 18-3-302 , C.R.S.;
   14. 1. Sexual assault, in violation of section 18-3-402 , C.R.S.; or
       2. Sexual assault in the first degree, in violation of section 18-3-402 , C.R.S., as it existed prior to July 1, 2000;
   15. Sexual assault in the second degree, in violation of section 18-3-403 , C.R.S., as it existed prior to July 1, 2000;
   16. 1. Unlawful sexual contact, in violation of section 18-3-404 , C.R.S.; or
       2. Sexual assault in the third degree, in violation of section 18-3-404 , C.R.S., as it existed prior to July 1, 2000;
   17. Sexual assault on a child, in violation of section 18-3-405 , C.R.S.;
   18. Sexual assault on a child by one in a position of trust, in violation of section 18-3-405 .3, C.R.S.;
   19. Sexual assault on a client by a psychotherapist, in violation of section