CO Code § 12-120-104 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 120 - Engineers, Surveyors, and Architects|Part 1 - General Provisions|§ 12-120-104. Powers and Duties of the Board and Division

  General powers and duties. In order to carry into effect the provisions of this article 120, the board shall:   Adopt rules pursuant to section 12-20-204;    In addition to rules adopted pursuant to section 12-20-204, adopt:   Rules for disciplining licensed architects; and    Rules of professional conduct for professional engineers, professional land surveyors, and architects under the provisions of section 24-4-103. The rules of professional conduct for professional engineers shall be published, and such publication shall constitute due notice to all professional engineers.       Keep a record of its proceedings and of all applications for licensing under this article 120. The application record for each applicant shall include:   Name, age, and residence of the applicant;    Date of application;    Place of business of the applicant;    Education of the applicant;    (A) For an applicant for an engineering license, the applicant's engineering experience;    For land surveyor and architect applicants, the type of examination required;    Date and type of action taken by the board; and    Such other information as may be deemed necessary by the board.       Make available through printed or electronic means the following:   Statutes administered by the board for each of the professions regulated under this article 120;    A list of the names and addresses of record of all currently licensed professional engineers, professional land surveyors, and architects;    Rules of the board;    Such other pertinent information as the board deems necessary; and    The rules of professional conduct adopted pursuant to subsection (1)(b)(II) of this section; and       Adopt and have an official seal.       Board powers and duties regarding professional engineers. For purposes of administering part 2 of this article 120 pertaining to the regulation of professional engineers, the board shall:   Provide information to the public regarding the requirements for compliance with part 2 of this article 120;    Provide for examinations of professional engineer license applicants in the “fundamentals of engineering” and the “principles and practice of engineering”. Examinations shall be given as often as practicable. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency. An applicant who fails to pass the prescribed examination may be reexamined.    Participate in the affairs of the National Council of Examiners for Engineering and Surveying and send a minimum of one delegate to the national meeting annually.       Board powers and duties regarding professional land surveyors. For purposes of administering part 3 of this article 120 pertaining to the regulation of professional land surveyors, the board shall:   Require each applicant for professional land surveyor licensing to demonstrate competence by means of examination and education and may require work examples as it deems necessary and sufficient for licensing; and    Provide for and administer examinations to applicants for professional land surveyor licensing to be given as often as practicable. Examinations must be identified only by numbers and anonymously graded. After reviewing and approving the examination results, the board shall record and communicate each examinee's examination results to the examinee. The board shall ensure that the passing score on surveying examinations is set to measure the level of minimum competency. The board shall publish and make available to interested applicants a list of the subjects included in the surveying examinations that are developed by the board, which subjects must be consistent with and related to the various aspects of surveying.       Board powers and duties regarding architects. For purposes of administering part 4 of this article 120 pertaining to the regulation of architects, the board is authorized to:   Examine and license duly qualified applicants for architect licensure, and renew the licenses of duly qualified architects;    Conduct hearings upon complaints concerning the conduct of architects;    Cause the prosecution of all persons violating part 4 of this article 120 by the district attorney or by the attorney general pursuant to section 12-20-405 (4); and    Require every licensed architect to have a stamp as prescribed by the board.       Division to employ investigators. The division may employ at least one investigator qualified to investigate complaints relative to the provisions of part 2 of this article 120 and at least one investigator to investigate complaints relative to the provisions of part 3 of this article 120.      History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 872, § 1, effective October 1.    Editor's note:   This section is similar to former §§ 12-25-107 , 12-25-207 , and 12-25-307 as they existed prior to 2019; except that §   (i)    was relocated to § 12-120-103 (6) .  ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Board cannot modify statute by rule or regulation. Unless expressly or impliedly authorized by statute the board cannot change or modify existing statutes by the adoption of rules and regulations. Lorance v. Colo. State Bd. of Exam'rs of Architects, 35 Colo. App. 177, 532 P.2d 382 (1974).   Subsection (2)(a) does not include power to create an offense other than those set forth by the general assembly. Lorance v. Colo. State Bd. of Exam'rs of Architects, 35 Colo. App. 177, 532 P.2d 382 (1974).   The determination of facts relating to the consideration of those desiring to practice architecture in Colorado has been entrusted under the statute to the board of examiners. Neverdahl v. Linder, 141 Colo. 186 , 347 P.2d 512 (1959).   The board of examiners of architects is empowered to conduct hearings upon complaints concerning architects. Lorance v. Colo. State Bd. of Exam'rs of Architects, 31 Colo. App. 332, 505 P.2d 47 (1972).   Where the board of examiners of architects, in instituting disciplinary action and in scheduling a hearing on the charges which had been filed against the architect, was carrying out its statutory function, the courts will not interfere with such action of an administrative board until final action has been taken. Lorance v. Colo. State Bd. of Exam'rs of Architects, 31 Colo. App. 332, 505 P.2d 47 (1972).   A judicial determination of the validity of the regulation of the board of examiners of architects is not available to an architect against whom charges are pending until final action has been taken by the board. Lorance v. Colo. State Bd. of Exam'rs of Architects, 31 Colo. App. 332, 505 P.2d 47 (1972).   It is the duty of the board, following a hearing, to enter detailed findings of fact with respect to the matters presented to it and with relationship to the definitions contained in § 12-4-102 . Neverdahl v. Linder, 141 Colo. 186 , 347 P.2d 512 (1959).   A license may be revoked for any reason that would have justified a refusal to issue it in the first instance. State Bd. of Registration for Prof'l Eng'rs v. Antonio, 159 Colo. 51 , 409 P.2d 505 (1966) (decided under repealed § 51-1-19, CRS 53). A license may be revoked for any reason that would have justified a refusal to issue it in the first instance. State Bd. of Registration for Prof'l Eng'rs v. Antonio, 159 Colo. 51 , 409 P.2d 505 (1966) (decided under repealed § 51-1-19, CRS 53).   It may be revoked for unfitness of the licensee to engage in the particular occupation or privilege or for fraud or deceit in obtaining the license. State Bd. of Registration for Prof'l Eng'rs v. Antonio, 159 Colo. 51 , 409 P.2d 505 (1966) (decided under repealed § 51-1-19, CRS 53).  It may be revoked for unfitness of the licensee to engage in the particular occupation or privilege or for fraud or deceit in obtaining the license. State Bd. of Registration for Prof'l Eng'rs v. Antonio, 159 Colo. 51 , 409 P.2d 505 (1966) (decided under repealed § 51-1-19, CRS 53).   A misstatement of the applicant as to a matter that would not have justified refusal of the license is not a ground for revocation, particularly where the misstatement is the result of a misunderstanding. State Bd. of Registration for Prof'l Eng'rs v. Antonio, 159 Colo. 51 , 409 P.2d 505 (1966) (decided under repealed § 51-1-19, CRS 53).  A misstatement of the applicant as to a matter that would not have justified refusal of the license is not a ground for revocation, particularly where the misstatement is the result of a misunderstanding. State Bd. of Registration for Prof'l Eng'rs v. Antonio, 159 Colo. 51 , 409 P.2d 505 (1966) (decided under repealed § 51-1-19, CRS 53).