2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-30-209) › Article 20 - DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-20-408) › Part 4 - DISCIPLINE, ENFORCEMENT, AND REVIEW (§§ 12-20-401 — 12-20-408) › Section 12-20-403 - Disciplinary procedures - investigations - hearings - oaths - witness statements - subpoenas - appointment of administrative law judge - driver's history - acting as an official

(1)
In accordance with article
4
of title
24
and the part or article of this title 12 governing the particular profession or occupation over which a regulator has regulatory authority, a regulator may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the regulator's powers and duties.
(2)
(a)
In order to aid the regulator in any hearing or investigation instituted pursuant to this section, the regulator or an administrative law judge appointed pursuant to subsection (3) of this section may administer oaths, take affirmations of witnesses, and issue subpoenas compelling the attendance of witnesses and the production of all relevant records, papers, books, documentary evidence, and materials in any hearing, investigation, accusation, or other matter before the regulator or an administrative law judge.
(b)
(I)
Upon failure of any witness, licensee, certificate holder, or registrant to comply with a subpoena or process, the district court of the county in which the subpoenaed person, licensee, certificate holder, or registrant resides or conducts business, upon application by the regulator with notice to the subpoenaed person, licensee, certificate holder, or registrant, may issue to the person, licensee, certificate holder, or registrant an order requiring that person, licensee, certificate holder, or registrant to:
(A)
Appear before the regulator;
(B)
Produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or
(C)
Give evidence touching the matter under investigation or in question.
(II)
If the person, licensee, certificate holder, or registrant fails to obey the order of the court, the court may hold the person, licensee, certificate holder, or registrant in contempt of court.
(c)
For purposes of the regulation of nontransplant tissue banks under article
140
of this title 12, the authority granted under subsection (2)(a) of this section does not apply with respect to investigations.
(3)
The regulator may appoint an administrative law judge pursuant to part 10 of article
30
of title
24
and, if otherwise authorized in the part or article of this title 12 governing the particular profession or occupation, may employ an administrative law judge or hearing officer, to conduct hearings, take evidence, make findings, and report the findings to the regulator.
(4)
(a)
Unless subsection (4)(b) of this section applies, a regulator shall not consider an event within the driver's history of a licensee, certificant, or registrant when determining:
(I)
Whether to impose discipline;
(II)
The type of discipline to impose; or
(III)
The severity of discipline to impose.
(b)
A regulator may consider an event within a driver's history if:
(I)
The event is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; and
(II)
(A)
The operation of a motor vehicle is a duty of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered;
(B)
The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; or
(C)
The event occurred within three years before the act upon which the discipline is based.
(5)
(a)
Except as provided in subsection (5)(d) of this section, a regulator shall dismiss an anonymous complaint made against a licensee, certificant, or registrant if the basis for the anonymous complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as:
(I)
An elected official of the state of Colorado or of a political subdivision of Colorado; or
(II)
A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado.
(b)
A regulator may dismiss a complaint made against a licensee, certificant, or registrant if:
(I)
The complaint is not made anonymously; and
(II)
The basis for the complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as:
(A)
An elected official of the state of Colorado or of a political subdivision of Colorado; or
(B)
A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado.
(c)
For the regulator to dismiss a complaint in accordance with this subsection (5), the licensee, certificant, or registrant that is the subject of the complaint need not respond to or provide evidence concerning the complaint. The dismissal is automatic.
(d)
This subsection (5) does not apply to words said to or actions committed for a specific person when the licensee, certificant, or registrant is speaking or acting in the licensee's, certificant's, or registrant's capacity as a member of the occupation the person is licensed, certified, or registered to perform.
Amended by 2022 Ch. 73,§1, eff. 4/7/2022.
Amended by 2021 Ch. 59,§3, eff. 9/7/2021.
Added by 2019 Ch. 136,§1, eff. 10/1/2019.
Subsection (1) is similar to former § 12-40.5-110(7)(b)(I); subsection (2)(a) is similar to former § 12-40.5-110(7)(b)(II); subsection (2)(b) is similar to former § 12-40.5-110(7)(b)(III); and subsection (3) is similar to former § 12-40.5-110(7)(c), as those sections existed prior to 2019.