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 5 - LICENSING OF MORTUARY SCIENCE PROFESSIONALS (§§ 12-135-501 — 12-135-510) › Section 12-135-502 - Criminal history record checks

(1)
An applicant for a license issued pursuant to this part 5 shall submit to a fingerprint-based criminal history record check. The applicant must pay the costs associated with the fingerprint-based criminal history record check.
(2)
After submitting an application for a license, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant must authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.
(3)
If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days.
(4)
The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the director, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.
(5)
The Colorado bureau of investigation shall return the results of its fingerprint-based criminal history record check to the director, and the director is authorized to receive the results of the federal bureau of investigation's criminal history record check. The director shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license pursuant to this part 5.
(6)
(a)
When the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of an applicant, the Colorado bureau of investigation shall inform the director, and the director may conduct a criminal history record check of the person using the Colorado bureau of investigation's records as a substitute for the fingerprint-based criminal history record check required in this section.
(b)
When the results of a criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
Added by 2024 Ch. 240,§ 2, eff. 5/24/2024.