2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 135 - MORTUARIES AND CREMATORIES (§§ 12-135-101 — 12-135-903) › Part 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-401 - [Multiple versions] Powers and duties of the director - rules (§ 12-135-401) › 1

(1)
In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny, suspend, refuse to renew, or revoke a license or registration pursuant to section
12-20-404 (1)(d)
; issue and send, by electronic mail, a letter of admonition to the licensee or registrant under the circumstances specified in and in accordance with section
12-20-404 (4)
; issue a confidential letter of concern to the licensee or registrant under the circumstance specified in section
12-20-404 (5)
; place the licensee or registrant on probation pursuant to section
12-20-404 (1)(b)
; or limit the scope of practice of the registration or license under this article 135 if the licensee or registrant has:
(a)
Filed an application with the director containing material misstatements of fact or has omitted any disclosure required by this article 135;
(b)
Had a registration or license issued by Colorado, or an equivalent license, registration, or certification issued by another state, to practice as described in sections 12-135-601, 12-135-701, 12-135-801, and 12-135-901 revoked; or
(c)
Violated this article 135, an applicable provision of article
20
of this title 12, or any rule of the director adopted under this article 135 or committed an act or omission specified in section 12-135-508.
(2)
In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny or revoke a registration or license if the licensee, the registrant, or the designee of a registrant has a disqualifying criminal history as described in section 12-135-503. The director shall promptly notify the licensee or registrant of the revocation.
(3)
(a)
The director may investigate the activities of a licensee licensed pursuant to part 5 of this article 135 or a registrant registered pursuant to section 12-135-110 or 12-135-303, upon the director's own initiative or upon receipt of a complaint or a suspected or alleged violation of this article 135. The director may contract with a private party to perform an inspection. To perform an inspection, the director or a private party with whom the director contracts to perform the inspection may enter the premises of a funeral establishment or crematory with full right of ingress and egress during business hours.
(b)
Each funeral establishment registered under section
12-135-110
or crematory registered under section
12-135-303
is deemed to have consented to any inspection authorized in this subsection (3) as a condition of the registration.
(c)
Section
12-20-403
applies to investigations, hearings, and other proceedings under this section.
(4)
The director shall keep records of registrations, licenses, and disciplinary proceedings. If conducted pursuant to this section:
(a)
Investigations, examinations, hearings, meetings, or proceedings are exempt from part 4 of article 6 of title 24; and
(b)
Minutes or records concerning licensing action taken are exempt from part 2 of article 72 of title 24.
(5)
When the director or administrative law judge deems it appropriate and useful, the director or administrative law judge may consult with or obtain a written opinion from an appropriate professional organization or association of businesses that offer services requiring registration or licensure under this article 135 for the purpose of investigating possible violations or weighing the appropriate standard of care to be applied to specific events or the facts in a hearing being held under this article 135.
(6)
(a)
The director may promulgate reasonable rules necessary to implement this Article 135.
(b)
Before promulgating rules, the director shall seek input and advice from a person, or any state professional organization of persons, offering services that require registration pursuant to this article 135.
(c)
Before promulgating rules, the director may seek input and advice from a consumer representative who advocates for consumers affected by this article 135.
Amended by 2024 Ch. 240,§ 8, eff. 5/24/2024.
Amended by 2022 Ch. 37, § 1, eff. 8/10/2022.
Renumbered from C.R.S. §
12-54-401
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2354, § 10, effective July 1. L. 2011: (1)(b) amended, (HB 11 - 11 78), ch. 89, p. 262, § 14, effective August 10.
This section is similar to former § 12-54-401 as it existed prior to 2019.
2022 Ch. 37, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.