2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › GENERAL AND ADMINISTRATIVE (§§ 23-1-101 — 23-19.9-102) › Article 2 - DEGREES - HONORARY - ACADEMIC ACHIEVEMENT (§§ 23-2-101 — 23-2-105) › Section 23-2-103.4 - Authorization - revocation - probationary status

(1)
(a)
If the commission has reason to believe that a private college or university or seminary or religious training institution meets one or more of the grounds specified in subsection (2) or (3) of this section for revocation of authorization or for placing an institution on probationary status, the commission may order the department to investigate the private college or university or seminary or religious training institution and make a recommendation concerning whether to revoke the institution's authorization or to place the institution on probationary status.
(b)
To assist the department in conducting an investigation pursuant to this subsection (1), the commission may subpoena any persons, books, records, or documents pertaining to the investigation, require answers in writing, under oath, to questions the commission or the department may ask, and administer an oath or affirmation to any person in connection with the investigation. In conducting the investigation, the department may physically inspect an institution's facilities and records. A subpoena issued by the commission pursuant to this paragraph (b) is enforceable by any court of record in this state.
(c)
Based on the findings of an investigation pursuant to this subsection (1), the department shall recommend to the commission that the commission should or should not revoke the institution's authorization or place the institution on probationary status. If the department recommends revocation or probationary status, it shall identify the applicable grounds for revocation or probationary status specified in subsection (2) or (3) of this section, and the department and the commission shall proceed in accordance with the provisions of the "State Administrative Procedure Act", article
4
of title
24
, C.R.S.
(2)
With regard to the authorization of a private college or university, the commission may:
(a)
Revoke the private college's or university's authorization or place the institution on probationary status if the private college or university:
(I)
Fails to meet any of the minimum standards set forth in this article or in the commission's policies or rules adopted to implement this article;
(II)
Fails to substantially comply with the applicable laws or rules adopted or implemented by other state-level boards or agencies that have jurisdiction over the institution; or
(III)
Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates;
(b)
Revoke the private college's or university's authorization if the institution loses its accreditation;
(c)
Place the private college or university on probationary status if the institution's accrediting body places the institution on probation or the equivalent; or
(d)
Revoke the private college's or university's authorization or place the private college or university on probationary status if the United States department of education or, if applicable, the Council for Higher Education Accreditation, ceases to recognize the institution's accrediting body or if the programmatic accrediting body's scope of recognition ceases to include the ability to accredit a freestanding, single-purpose institution.
(3)
The commission may revoke a seminary's or religious training institution's authorization or place the institution on probationary status if the seminary or religious training institution:
(a)
No longer meets the definition of a seminary or religious training institution specified in section
23-2-102
;
(b)
Fails to meet any of the other minimum standards set forth in this article or in the commission's policies or rules adopted to implement this article; or
(c)
Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates.
Amended by 2021 Ch. 310,§2, eff. 9/7/2021.
L. 2012: Entire section added, (HB 12-1155), ch. 1289, p. 1289, § 14, effective August 8. L. 2021: (2)(d) amended, (HB 21-1306), ch. 1896, p. 1896, § 2, effective September 7.
2021 Ch. 310, was passed without a safety clause. See Colo. Const. art. V, § 1(3).