CO Code § 24-1-114 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 1 - Administrative Organization Act of 1968|§ 24-1-114. Department of Higher Education - Creation

  There is hereby created a department of higher education, the head of which shall be the executive director of the Colorado commission on higher education, who shall be appointed by the governor and whose powers and duties are as specified in this section.    The Colorado commission on higher education and the office of executive director thereof, created by article 1 of title 23, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of higher education. (2.5) Repealed.    The department of higher education shall include the following divisions:   Repealed.    State historical society, created by part 2 of article 80 of this title. Its powers, duties, and functions, are transferred by a type 1 transfer to the department of higher education as a division thereof.    The student loan division, created by article 3.1 of title 23, C.R.S. The division and the director thereof shall exercise their powers and perform their duties and functions as if transferred to the department by a type 2 transfer.    The private occupational school division, created by article 64 of title 23. The private occupational school board, created by section 23-64-107, shall exercise its powers and perform its duties and functions as if transferred to the department by a type 1 transfer. The division, except for the private occupational school board, and the director thereof shall exercise their powers and perform their duties and functions as if transferred to the department by a type 2 transfer.       For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:   The regents of the university of Colorado, created by section 12 of article IX of the state constitution, and the university of Colorado, created by section 5 of article VIII of the state constitution;    The board of governors of the Colorado state university system, created by part 1 of article 30 of title 23, C.R.S.; Colorado state university, created by article 31 of title 23, C.R.S.; and Colorado state university - Pueblo, created by article 31.5 of title 23, C.R.S.;    (Deleted by amendment,L. 2003, p. 792, § 17, effective July 1, 2003.)    The board of trustees for the university of northern Colorado, created by section 23-40-104 (1), C.R.S., and the university of northern Colorado at Greeley, created by article 40 of title 23, C.R.S.;    The board of trustees of the Colorado school of mines, created by article 41 of title 23, C.R.S., and the school of mines at Golden, created by section 5 of article VIII of the state constitution;    State board for community colleges and occupational education and the offices of director of occupational education and director of community and technical colleges, created by article 60 of title 23, C.R.S.;    Repealed.    The board of trustees for Adams state university, created by article 51 of title 23, C.R.S.;    The board of trustees for Colorado Mesa university, created by article 53 of title 23, C.R.S.;    The board of trustees for Metropolitan state university of Denver, created by article 54 of title 23, C.R.S.;    The board of trustees for Western Colorado university, created by article 56 of title 23;    The board of trustees for Fort Lewis College, created by article 52 of title 23, C.R.S.         With respect to the divisions of the department specified in subsection (3) of this section, the executive director shall have the powers, duties, and functions prescribed in this article for heads of principal departments. (5) (a) With respect to the divisions of the department specified in subsection (3) of this section, the executive director shall have the powers, duties, and functions prescribed in this article for heads of principal departments.    [ ] With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303, 23-18-304, and 23-41-104.6, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.       The office of state archaeologist, created by part 4 of article 80 of this title, and its powers, duties, and functions are transferred by a type 2 transfer to the state historical society, as a section thereof.    Editor's note: This version of subsection (5)(b) is effective until July 1, 2021.  (b) [ ] With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303.5, 23-18-304, and 23-41-104.6, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.  Editor's note: This version of subsection (5)(b) is effective July 1, 2021.  Source: L. 68: p. 77, § 14. C.R.S. 1963: § 3-28-14. L. 72: p. 577, § 6. L. 73: p. 1384, § 2. L. 75: (4)(c)(V) added and (4)(d) amended, p. 214, §§ 37, 38, effective July 16. L. 77: (4)(c)(III) amended, p. 281, § 29, effective June 29. L. 79: (3)(c) added, p. 823, § 2, effective July 1. L. 83: (2.5) added, p. 803, § 8, effective June 3; (4)(b) amended and (4)(c)(III) repealed, § 9, p. 2049, effective October 14. L. 85: (3)(c) amended, p. 1361, § 17, effective June 28. L. 88: IP(4)(c) and (4)(c) amended, p. 863, § 23, effective July 1. L. 90: (3)(d) added and (4)(c)(II) amended, pp. 1159, 1156, §§ 3, 14, effective July 1. L. 92: (3)(a) amended, p. 561, § 4, effective March 25. L. 93: (4)(g) added, p. 926, § 1, effective May 28. L. 95: (1) amended, p. 1102, § 34, effective May 31. L. 98: (3)(d) amended, p. 50, § 28, effective March 17. L. 99: (2.5) repealed, p. 876, § 2, effective July 1. L. 2000: (4)(g) repealed, p. 1569, § 2, effective July 1. L. 2002: (4)(b) amended, p. 1246, § 17, effective August 7; (4)(b) amended, p. 709, § 10, effective July 1, 2003. L. 2003: (4)(c) amended and (4)(h), (4)(i), (4)(j), and (4)(k) added, p. 792, § 17, effective July 1. L. 2004: (5)(b) amended, p. 718, § 6, effective July 1. L. 2005: (5)(b) amended, p. 767, § 35, effective June 1. L. 2006: (3)(a) amended, p. 1658, § 2, effective July 1. L. 2008: (3)(d) amended, p. 1482, § 26, effective May 28. L. 2010: (4)(b) amended and (4)(l) added, (HB 10-1422), ch. 419, p. 2081, § 58, effective August 11. L. 2011: (4)(i) amended, (SB 11-265), ch. 292, p. 1368, § 25, effective August 10. L. 2012: (4)(h) amended, (HB 12-1080), ch. 189, p. 761, § 24, effective May 19; (4)(j) amended, (SB 12-148), ch. 125, p. 428, § 19, effective July 1; (4)(k) amended, (HB 12-1331), ch. 254, p. 1271, § 19, effective August 1. L. 2013: (4)(b) amended, (HB 13-1300), ch. 316, p. 1680, § 46, effective August 7. L. 2014: (5)(b) amended, (HB 14-1319), ch. 169, p. 614, § 15, effective May 9. L. 2017: (5)(b) amended, (SB 17-297), ch. 210, p. 822, § 21, effective May 18; (3)(d) amended, (HB 17-1239), ch. 261, p. 1207, § 17, effective August 9. L. 2019: (4)(k) amended, (HB 19-1178), ch. 400, p. 3547, § 19, effective July 1. L. 2020: (5)(b) amended, (HB 20-1366), ch. 181, p. 835, § 17, effective July 1, 2021.   Editor's note: (1) Amendments to subsection (4)(b) by House Bill 02-1260 and House Bill 02-1324 were harmonized.   (2) Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2006. (SeeL. 2006, p. 1658.)   Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (5)(b), see section 1 of chapter 6, Session Laws of Colorado 2004.   (2) For the legislative declaration in the 2011 act amending subsection (4)(i), see section 1 of chapter 292, Session Laws of Colorado 2011.   (3) For the legislative declaration in the 2012 act amending subsection (4)(j), see section 1 of chapter 125, Session Laws of Colorado 2012.