reglab/housing_qa huggingface dataset:
CO Code § 23-64-114 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-114. Application for Certificate of Approval

  Any entity desiring to operate a private occupational school in this state shall make application for a certificate of approval to the board upon forms to be provided by the board. The application shall include at least the following:   A catalog published or proposed to be published by the school containing the information specified in the criteria promulgated by the board;    A description of the school's placement assistance, if any;    Documentation necessary to establish the applicant's financial stability as required by the minimum standards and bond provisions specified in this article 64;    Copies of media advertising and promotional literature;    Copies of all student enrollment agreement or contract forms and instruments evidencing indebtedness;    A surety bond as required by this article 64;    A fee as required by this article 64;    The name and Colorado address of a designated agent upon whom any process, notice, or demand may be served.       Each application shall be signed and certified to under oath by the owner or his or her authorized designee.    The board shall not be required to act upon an application until such time as an application is submitted as set forth in this section.    An application submitted by a school that holds a valid certificate of approval shall be submitted on or before February 15 immediately prior to the expiration of the certificate of approval. If the application as set forth in subsection (1) of this section is not submitted as set forth in this section, the school's existing certificate of approval shall expire on June 30 by operation of law, and any such application submitted after February 15 shall be treated as an application submitted by a new school.    The board shall not be required to act upon an application submitted by a school whose certificate of approval has been revoked or denied by a final nonappealable order of the board for a period of twelve months subsequent to the revocation or denial. Notwithstanding that an order of revocation or denial may be subject to judicial review, the school shall otherwise comply with and be subject to the provisions of this article 64; except that the school shall not be required to submit an application as required by this section.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1188, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-108 as it existed prior to 2017.   ANNOTATION   No opportunity for a hearing prior to the expiration of private occupational school's certificate of approval was required by a plain reading of the statute where school's financial documents remained inadequate. Nat'l Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo. App. 1991) (decided under former law).
CO Code § 23-64-115 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-115. Issuance of Certificate of Approval

  Following the review and evaluation of an application for a certificate of approval and any further information required by the board to be submitted by the applicant and an investigation and appraisal of the applicant as the board deems necessary or appropriate, the board shall either grant or deny a certificate of approval to the applicant. A certificate of approval shall be issued to the applicant in the name of the school and shall state in clear and conspicuous language the name and address of the school, the date of issuance, and the term of approval.    The term for which a certificate of approval is issued shall be for three years commencing on July 1 and expiring on June 30 of the third year thereafter or upon the cessation of operation of the school. New schools shall be issued a provisional certificate of approval which shall expire on June 30 of the second year following the date of issuance or upon the cessation of operation of the school.    At any time within the period of a certificate of approval, the board may require the school to submit supplementary documentation or information deemed necessary to enable the board to determine whether the school is continuing to be operated in compliance with the provisions of this article 64.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1189, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-109 as it existed prior to 2017.
CO Code § 23-64-116 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-116. Application for Change of Ownership - Definition

  In the event of a change of ownership of a school, the seller, prior to the effective date of the change of ownership, shall notify the board in writing, and the buyer, prior to or within thirty days after the change of ownership, shall make application for approval of the change of ownership upon forms to be provided and in a manner prescribed by the board. In the event of a failure to do so, the school's certificate of approval shall be suspended by operation of law until the application has been received and approved by the board as provided in this section.    Following the review and evaluation of an application and any further information required by the board to be submitted by the applicant and an investigation and appraisal of an applicant as the board deems necessary or appropriate, the board shall either grant or deny the application. Denial of an application shall be in the same manner as set forth in section 23-64-118 for a denial of an application for a certificate of approval; except that the board shall not be required to submit a notice of noncompliance.    “Ownership”, for the purpose of this section, means ownership of a controlling interest in the school or, in the event the school is owned or controlled by a corporation or other legal entity other than a natural person, ownership of a controlling interest in the legal entity owning or controlling the school.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1189, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-110 as it existed prior to 2017.
CO Code § 23-64-118 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-118. Denial of Application for Certificate of Approval or Agent's Permit

  If the board, upon review of an application for a certificate of approval or for an agent's permit, determines upon reasonable belief that the applicant fails to meet any one or more of the criteria established pursuant to this article 64, the board shall submit to the applicant a notice of noncompliance setting forth the reasons therefor in writing. The notice shall set forth a period of time within which the applicant may submit written data, arguments, views, or information with respect to the reasons set forth in the notice and during which time the applicant shall also be afforded the opportunity to eliminate the reason for the notice.    The board shall consider the written data, arguments, views, or information submitted and the steps taken by the applicant to comply and shall thereafter determine upon reasonable belief whether a hearing shall be conducted for the purpose of denying the application.    An application for a certificate of approval or an agent's permit may also be denied by the board if the applicant has furnished false or misleading written or oral statements, documents, or other representations to the board with the intent to mislead or conceal the truth of any matter to be considered by the board as a factor in approving the application.    Notwithstanding the provisions of subsections (1), (2), and (3) of this section, the provisions of the “State Administrative Procedure Act”, article 4 of title 24, shall apply to the denial of an application for a certificate of approval submitted by a new school and to the denial of an initial application for an agent's permit.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1191, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-112 as it existed prior to 2017.
CO Code § 23-64-119 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-119. Revocation of Certificate of Approval and Agent's Permit

  If the board determines upon reasonable belief that the holder of a certificate of approval or an agent's permit has violated or is violating any one or more of the criteria established pursuant to this article 64, the board or its authorized designee shall submit to the holder or a school's designated agent for service of process a notice of noncompliance setting forth the reasons therefor in writing. The notice shall set forth a period of time within which the applicant may submit written data, views, arguments, or information with respect to the reasons set forth in the notice and during which time the holder shall also be afforded the opportunity to eliminate the reason for the notice.    The board shall consider the written data, arguments, views, or information submitted and the steps taken by the holder to comply and shall thereafter determine upon reasonable belief whether a hearing shall be conducted for the purpose of revoking the certificate of approval or an agent's permit.    If the board has reasonable grounds to believe and finds that the holder has willfully and deliberately violated the criteria established pursuant to this article 64 or that the public health, safety, or welfare imperatively requires emergency action and incorporates such findings in its order, it may summarily suspend the certificate of approval or agent's permit pending a hearing, which shall be promptly instituted and determined.    A certificate of approval or an agent's permit may also be revoked by the board if the holder thereof has furnished false or misleading written or oral statements, documents, or other representations to the board with the intent to mislead or conceal the truth of any matter considered by the board as a factor in approving the application for a certificate of approval or an agent's permit or for continuing in effect the certificate of approval or an agent's permit.    A certificate of approval may be revoked by the board if the holder thereof has had its surety bond canceled and has not replaced it within fifteen days prior to the effective date of the bond termination.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1192, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-113 as it existed prior to 2017.
CO Code § 23-64-122 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-122. Fees - Private Occupational Schools Fund - Annual Adjustment - Rules

  The board by rule shall establish fees for the direct and indirect costs of the administration of this article 64, which fees shall accompany any application for a certificate of approval for a new school or for a school other than a new school, for an in-state or out-of-state agent's permit, or for a change of ownership. All fees collected shall be transmitted to the state treasurer, who shall credit the same to the private occupational schools fund, which fund is hereby created. The money in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of this article 64. All money credited to the fund shall be used for the direct and indirect costs of the administration of this article 64 and shall not be deposited in or transferred to the general fund of this state or to any other fund.    In addition to the fees specified in subsection (1) of this section, the board by rule shall establish and receive fees for reviewing the qualifications of and for issuing appropriate credentials to instructors and administrators pursuant to section 23-64-112 (1)(e). Such fees shall be collected and administered in the same manner as the fees specified in subsection (1) of this section.      The board shall propose, as part of the division's annual budget request, an adjustment in the amount of the fees that it is authorized to collect pursuant to this section. The budget request and the adjusted fees shall reflect the direct and indirect costs of administering this article 64.    Based upon the appropriation made, the board shall adjust its fees so that the revenue generated from the fees approximates the direct and indirect costs of administering this article 64. The adjusted fees must remain in effect for the fiscal year for which the budget request applies.    Beginning July 1, 1995, and each July 1 thereafter, whenever money appropriated to the division for its activities for the prior fiscal year are unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the division. If a supplemental appropriation is made to the division for its activities, the division's fees shall be adjusted in the following fiscal year by an additional amount that is sufficient to compensate for the supplemental appropriation. Funds appropriated to the division in the annual general appropriations bill shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the division.         History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1197, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-116 as it existed prior to 2017.
CO Code § 23-64-124 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-124. Complaints of Deceptive Trade or Sales Practices

  A person claiming pecuniary loss as a result of a deceptive trade or sales practice, pursuant to section 23-64-123, by a school or agent may file with the board a written complaint against the school or agent. The complaint must set forth the alleged violation and any other relevant information as the board may require. A complaint filed under this section is a public record subject to the provisions of article 72 of title 24 and must be filed within two years after the student discontinues his or her training at the school or at any time prior to the commencement of training.    The board shall investigate any such complaint and thereafter may consider the complaint at a hearing. If, upon all the evidence at a hearing, the board finds that a school or agent has engaged in or is engaging in any deceptive trade or sales practice, the board may issue and cause to be served upon the school, the agent, or the designated agent for service of process, notice, or demand an order requiring the school or agent to cease and desist from such practice. The board may obtain an order for enforcement of its order in the district court pursuant to section 24-4-106.    If the board finds that the complainant or class of complainants has suffered pecuniary loss as a result of such practice, the board, at its discretion, may award the complainant or class of complainants full restitution for the loss. The board may also commence a civil action against a school or agent believed by the board to have caused a complainant or class of complainants to suffer pecuniary loss as a result of any deceptive trade or sales practice. Upon a finding that the complainant or class of complainants has suffered pecuniary loss as a result of any deceptive trade or sales practice, the court shall order the school or agent to pay to the complainant or class of complainants full restitution for the loss.    Any person filing a complaint alleging a deceptive trade or sales practice pursuant to this section shall exhaust the remedies provided in this section prior to filing a complaint with the district court alleging a deceptive trade or sales practice.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1199, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-118 as it existed prior to 2017.   ANNOTATION   There is no claim for relief based upon educational malpractice. Tolman v. Cencore Career Colls., Inc., 851 P.2d 203 (Colo. App. 1992) (decided under former law).
CO Code § 23-64-125 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-125. Preservation of Records

  In the event that a school located in Colorado ceases operation, the owner or his or her authorized designee shall deposit with the division the original or legible true copies of all educational, financial, or other records of the school.    In the event that it appears to the board that any records of a school located in Colorado that is ceasing operation are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the board, the board may seize and take possession of the records upon making application to any court of competent jurisdiction for an appropriate order. The board shall maintain or cause to be maintained a permanent file of any such records.    Any person desiring copies of any such records shall pay a fee as may be established by the board.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1200, § 1, effective August 9. L. 2018: (2) amended,(SB 18-177), ch. 196, p. 1290, § 3, effective August 8.    Editor's note:   This section is similar to former § 12-59-119 as it existed prior to 2017.
CO Code § 23-64-126 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-126. Enforceability of Notes, Contracts, and Other Evidence of Indebtedness

  No note, other instrument of indebtedness, or contract relating to payment for educational services shall be enforceable in the courts of this state by any school located within this state unless the school, at the time of execution of the note, other instrument of indebtedness, or contract, holds a valid certificate of approval nor by any school having an agent in this state unless the agent, who enrolled persons to whom educational services were to be rendered or to whom educational credentials were to be granted, held a valid agent's permit at the time of the execution of the note, other instrument of indebtedness, or contract.    The enforceability of notes, contracts, and other evidence of indebtedness relating to payment for educational services shall be in compliance with applicable state and federal laws and regulations, as amended.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1200, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-120 as it existed prior to 2017.
CO Code § 23-64-127 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-127. Violations - Civil - Penalty

 The board may commence a civil action against any entity believed by the board to have violated the provisions of section 23-64-113 or who fails or refuses to deposit with the division the records required by section 23-64-125 . Upon a finding that the entity has violated the provisions of section 23-64-113 or has failed or refused to deposit with the division the records required by section 23-64-125 , the court shall order the entity to pay to the division a civil penalty not to exceed one hundred dollars for each violation. Each day's failure by an entity to comply with the provisions of said section is a separate violation.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1200, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-121 as it existed prior to 2017.
CO Code § 23-64-128 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-128. Violations - Criminal - Penalty

 [ ] Any person, group, or entity, or any owner, officer, agent, or employee thereof, who willfully violates the provisions of section 23-64-113 or who willfully fails or refuses to deposit with the division the records required by section 23-64-125 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or both. It is the duty of the district attorney to prosecute all violations of this section that occur within his or her district.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1200, § 1, effective August 9. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3223, § 402, effective March 1, 2022.    Editor's note:    This section is similar to former § 12-59-122 as it existed prior to 2017.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
CO Code § 23-64-128 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-128. Violations - Criminal - Penalty

 [ ] Any person, group, or entity, or any owner, officer, agent, or employee thereof, who willfully violates the provisions of section 23-64-113 or who willfully fails or refuses to deposit with the division the records required by section 23-64-125 commits a class 2 misdemeanor.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1200, § 1, effective August 9. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3223, § 402, effective March 1, 2022.
CO Code § 23-64-129 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-129. State Administrative Procedure Act

 Unless otherwise provided in this article 64, the provisions of the “State Administrative Procedure Act”, article 4 of title 24, shall govern the giving of notices for and the conducting of any hearings on any matter within the authority of the board as set forth in this article 64.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1201, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-59-123 as it existed prior to 2017.   ANNOTATION   It is less than certain that the APA requires the state board for community colleges and occupational education to conduct a predeprivation hearing since it is not clear that a revocation results when an existing certificate merely expires because the renewal application is not sufficient in form or substance as prescribed by former § 12-59-108 . Nat'l Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo. App. 1991) (decided under former law).