CO Code § 24-1-105 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 1 - Administrative Organization Act of 1968|§ 24-1-105. Types of Transfers

  Under this article, a type 1 transfer means the transferring intact of an existing department, institution, or other agency, or part thereof, to a principal department established by this article. When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department, but it shall exercise its prescribed statutory powers, duties, and functions, including rule-making, regulation, licensing, and registration, the promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications, independently of the head of the principal department. Under a type 1 transfer, any powers, duties, and functions not specifically vested by statute in the agency being transferred, including, but not limited to, all budgeting, purchasing, planning, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.    Under this article, a type 2 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this article. When all or part of any department, institution, or other agency is transferred to a principal department under a type 2 transfer, its statutory authority, powers, duties, and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting, purchasing, and planning, are transferred to the principal department.    Under this article, a type 3 transfer means the abolishing of an existing department, institution, or other agency and the transferring of all or part of its powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds to a principal department as specified under this article.    When any department, institution, or other agency, or part thereof, is transferred by a type 2 or type 3 transfer to a principal department under the provisions of this article, its prescribed powers, duties, and functions, including rule-making, regulation, licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.     Source: L. 68: p. 74, § 5. C.R.S. 1963: § 3-28-5. L. 73: p. 187, § 1. L. 74: (1) and (2) amended, p. 202, § 2, effective July 1.   ANNOTATION   State highway commission is empowered to direct the chief engineer in the areas which will enable it to exercise its prescribed statutory powers, duties, and functions independently of the head of the principal department. State Hwy. Comm'n v. Haase, 189Colo. 69, 537 P.2d 300 (1975).   State department of personnel does not oversee the state personnel board's activities; rather, the board reviews the actions of the head of the personnel department. Spahn v. Dept. of Pers., 44 Colo. App. 446, 615 P.2d 66 (1980).