reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-107 - Private occupational school board - established - membership

(1)
Repealed.
(2)
There is established, in the private occupational school division, the private occupational school board that shall advise the director on the administration of this article 64 and has the powers and duties specified in section
23-64-108
. The board is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions as specified in this article 64.
(3)
The board shall consist of seven members appointed by the governor, with the consent of the senate, as follows:
(a)
Three members shall be owners or operators of private occupational schools that receive Title IV funds;
(b)
Four members shall be representatives of the general public, at least one of whom is employed by a lending institution located in Colorado and is familiar with federal loans and funds authorized in Title IV of the federal "Higher Education Act of 1965", as amended, and at least two of whom are owners or operators of businesses within Colorado that employ students who are enrolled in schools that are subject to administration by the division.
(4)
No appointed member shall be an employee of any local district college, community or technical college, school district, or public agency that receives vocational funds allocated by any state agency.
(5)
The board members shall serve four-year terms; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A member shall not serve more than two consecutive four-year terms.
(6)
The board shall hold regular meetings at such times as it may deem appropriate, but it shall not meet less than four times per year.
(7)
Board members shall be paid a per diem of thirty-five dollars for each day on which the board meets and their actual and necessary expenses incurred in the conduct of official business.
(8)
The division shall provide any necessary staff assistance for the board.
Amended by 2022 Ch. 469,§15, eff. 8/10/2022.
Amended by 2022 Ch. 2,§53, eff. 2/25/2022.
Renumbered from C.R.S. § 12-59-105.1 and amended by 2017 Ch. 261,§1, eff. 8/9/2017.
Amended by 2013 Ch. 204,§2, eff. 5/11/2013.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1182, § 1, effective August 9.
This section is similar to former § 12-59-105.1 as it existed prior to 2017.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-109 - Duties of private occupational schools

A private occupational school shall provide the division with such data as the board deems necessary upon written request of the board. Data pertaining to individual students or personnel shall not be divulged or made known in any way by a member of the board, by the director, or by any division or school employee, except in accordance with judicial order or as otherwise provided by law. A person who violates this section commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
. In addition, the person shall be subject to removal or dismissal from public service on grounds of malfeasance in office.
Amended by 2021 Ch. 462, § 401, eff. 3/1/2022.
Renumbered from C.R.S. § 12-59-105.4 and amended by 2017 Ch. 261, § 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 1185, p. 1185, § 1, effective August 9. L. 2021: Entire section amended, (SB 21-271), ch. 3223, p. 3223, § 401, effective 3/1/2022.
(1) This section is similar to former § 12-59-105.4 as it existed prior to 2017.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-111 - Duties and powers of the division subject to approval of the executive director

The division shall exercise all of the powers and duties set forth in section
23-64-106
. The executive director shall review and approve, consistent with the institutional role and statewide needs, any action taken by the division pursuant to the powers and duties set forth in section
23-64-106
; except that the participation of the executive director shall not be required in any action taken by the board.
Renumbered from C.R.S. § 12-59-105.9 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1185, § 1, effective August 9.
This section is similar to former § 12-59-105.9 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-113 - Prohibitions

(1)
No entity of whatever kind, alone or in concert with others, shall:
(a)
Operate in this state a school not exempt from the provisions of this article 64 unless the school holds a valid certificate of approval issued pursuant to the provisions of this article 64;
(b)
Offer educational services in or grant educational credentials from a school located within or without this state unless the agent holds a valid agent's permit issued pursuant to the provisions of this article 64; except that the board may promulgate rules to permit the rendering of legitimate public information services without such permit;
(c)
Accept contracts or enrollment agreements from an agent who does not hold a valid agent's permit issued pursuant to the provisions of this article 64;
(d)
Award educational credentials without requiring the completion of any education.
Renumbered from C.R.S. § 12-59-107 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1187, § 1, effective August 9.
This section is similar to former § 12-59-107 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-114 - Application for certificate of approval

(1)
Any entity desiring to operate a private occupational school in this state shall make application for a certificate of approval to the board upon forms to be provided by the board. The application shall include at least the following:
(a)
A catalog published or proposed to be published by the school containing the information specified in the criteria promulgated by the board;
(b)
A description of the school's placement assistance, if any;
(c)
Documentation necessary to establish the applicant's financial stability as required by the minimum standards and bond provisions specified in this article 64;
(d)
Copies of media advertising and promotional literature;
(e)
Copies of all student enrollment agreement or contract forms and instruments evidencing indebtedness;
(f)
A surety bond as required by this article 64;
(g)
A fee as required by this article 64;
(h)
The name and Colorado address of a designated agent upon whom any process, notice, or demand may be served.
(2)
Each application shall be signed and certified to under oath by the owner or his or her authorized designee.
(3)
The board shall not be required to act upon an application until such time as an application is submitted as set forth in this section.
(4)
An application submitted by a school that holds a valid certificate of approval shall be submitted on or before February 15 immediately prior to the expiration of the certificate of approval. If the application as set forth in subsection (1) of this section is not submitted as set forth in this section, the school's existing certificate of approval shall expire on June 30 by operation of law, and any such application submitted after February 15 shall be treated as an application submitted by a new school.
(5)
The board shall not be required to act upon an application submitted by a school whose certificate of approval has been revoked or denied by a final nonappealable order of the board for a period of twelve months subsequent to the revocation or denial. Notwithstanding that an order of revocation or denial may be subject to judicial review, the school shall otherwise comply with and be subject to the provisions of this article 64; except that the school shall not be required to submit an application as required by this section.
Renumbered from C.R.S. § 12-59-108 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
Amended by 2013 Ch. 204,§ 4, eff. 5/11/2013.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1188, § 1, effective August 9.
This section is similar to former § 12-59-108 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-115 - Issuance of certificate of approval

(1)
Following the review and evaluation of an application for a certificate of approval and any further information required by the board to be submitted by the applicant and an investigation and appraisal of the applicant as the board deems necessary or appropriate, the board shall either grant or deny a certificate of approval to the applicant. A certificate of approval shall be issued to the applicant in the name of the school and shall state in clear and conspicuous language the name and address of the school, the date of issuance, and the term of approval.
(2)
The term for which a certificate of approval is issued shall be for three years commencing on July 1 and expiring on June 30 of the third year thereafter or upon the cessation of operation of the school. New schools shall be issued a provisional certificate of approval which shall expire on June 30 of the second year following the date of issuance or upon the cessation of operation of the school.
(3)
At any time within the period of a certificate of approval, the board may require the school to submit supplementary documentation or information deemed necessary to enable the board to determine whether the school is continuing to be operated in compliance with the provisions of this article 64.
Renumbered from C.R.S. § 12-59-109 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1189, § 1, effective August 9.
This section is similar to former § 12-59-109 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-116 - [Effective Until 8/7/2024] Application for change of ownership - definition

(1)
In the event of a change of ownership of a school, the seller, prior to the effective date of the change of ownership, shall notify the board in writing, and the buyer, prior to or within thirty days after the change of ownership, shall make application for approval of the change of ownership upon forms to be provided and in a manner prescribed by the board. In the event of a failure to do so, the school's certificate of approval shall be suspended by operation of law until the application has been received and approved by the board as provided in this section.
(2)
Following the review and evaluation of an application and any further information required by the board to be submitted by the applicant and an investigation and appraisal of an applicant as the board deems necessary or appropriate, the board shall either grant or deny the application. Denial of an application shall be in the same manner as set forth in section
23-64-118
for a denial of an application for a certificate of approval; except that the board shall not be required to submit a notice of noncompliance.
(3)
"Ownership", for the purpose of this section, means ownership of a controlling interest in the school or, in the event the school is owned or controlled by a corporation or other legal entity other than a natural person, ownership of a controlling interest in the legal entity owning or controlling the school.
Renumbered from C.R.S. § 12-59-110 and amended by 2017 Ch. 261, § 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1189, § 1, effective August 9.
This section is similar to former § 12-59-110 as it existed prior to 2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-116 - [Effective 8/7/2024] Application for change of ownership - definition

(1)
In the event of a change of ownership of a school, the seller, prior to the effective date of the change of ownership, shall notify the board in writing, and the buyer, prior to the change of ownership, shall apply for approval of the change of ownership upon forms to be provided and in a manner prescribed by the board. In the event of the buyer's or seller's failure to comply with this subsection (1), the school's certificate of approval is suspended by operation of law until the application has been received and approved by the board as provided in this section. The change of ownership must not occur unless the board gives prior approval.
(2)
Following the review and evaluation of an application and any further information required by the board to be submitted by the applicant and an investigation and appraisal of an applicant as the board deems necessary or appropriate, the board shall either grant or deny the application. Denial of an application shall be in the same manner as set forth in section
23-64-118
for a denial of an application for a certificate of approval; except that the board shall not be required to submit a notice of noncompliance.
(3)
"Ownership", for the purpose of this section, means ownership of a controlling interest in the school or, in the event the school is owned or controlled by a corporation or other legal entity other than a natural person, ownership of a controlling interest in the legal entity owning or controlling the school.
Amended by 2024 Ch. 270,§ 3, eff. 8/7/2024.
Renumbered from C.R.S. § 12-59-110 and amended by 2017 Ch. 261, § 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1189, § 1, effective August 9.
This section is similar to former § 12-59-110 as it existed prior to 2017.
2024 Ch. 270, 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.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-118 - Denial of application for certificate of approval or agent's permit

(1)
If the board, upon review of an application for a certificate of approval or for an agent's permit, determines upon reasonable belief that the applicant fails to meet any one or more of the criteria established pursuant to this article 64, the board shall submit to the applicant a notice of noncompliance setting forth the reasons therefor in writing. The notice shall set forth a period of time within which the applicant may submit written data, arguments, views, or information with respect to the reasons set forth in the notice and during which time the applicant shall also be afforded the opportunity to eliminate the reason for the notice.
(2)
The board shall consider the written data, arguments, views, or information submitted and the steps taken by the applicant to comply and shall thereafter determine upon reasonable belief whether a hearing shall be conducted for the purpose of denying the application.
(3)
An application for a certificate of approval or an agent's permit may also be denied by the board if the applicant has furnished false or misleading written or oral statements, documents, or other representations to the board with the intent to mislead or conceal the truth of any matter to be considered by the board as a factor in approving the application.
(4)
Notwithstanding the provisions of subsections (1), (2), and (3) of this section, the provisions of the "State Administrative Procedure Act", article
4
of title
24
, shall apply to the denial of an application for a certificate of approval submitted by a new school and to the denial of an initial application for an agent's permit.
Renumbered from C.R.S. § 12-59-112 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1191, § 1, effective August 9.
This section is similar to former § 12-59-112 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-119 - Revocation of certificate of approval and agent's permit

(1)
If the board determines upon reasonable belief that the holder of a certificate of approval or an agent's permit has violated or is violating any one or more of the criteria established pursuant to this article 64, the board or its authorized designee shall submit to the holder or a school's designated agent for service of process a notice of noncompliance setting forth the reasons therefor in writing. The notice shall set forth a period of time within which the applicant may submit written data, views, arguments, or information with respect to the reasons set forth in the notice and during which time the holder shall also be afforded the opportunity to eliminate the reason for the notice.
(2)
The board shall consider the written data, arguments, views, or information submitted and the steps taken by the holder to comply and shall thereafter determine upon reasonable belief whether a hearing shall be conducted for the purpose of revoking the certificate of approval or an agent's permit.
(3)
If the board has reasonable grounds to believe and finds that the holder has willfully and deliberately violated the criteria established pursuant to this article 64 or that the public health, safety, or welfare imperatively requires emergency action and incorporates such findings in its order, it may summarily suspend the certificate of approval or agent's permit pending a hearing, which shall be promptly instituted and determined.
(4)
A certificate of approval or an agent's permit may also be revoked by the board if the holder thereof has furnished false or misleading written or oral statements, documents, or other representations to the board with the intent to mislead or conceal the truth of any matter considered by the board as a factor in approving the application for a certificate of approval or an agent's permit or for continuing in effect the certificate of approval or an agent's permit.
(5)
A certificate of approval may be revoked by the board if the holder thereof has had its surety bond canceled and has not replaced it within fifteen days prior to the effective date of the bond termination.
Renumbered from C.R.S. § 12-59-113 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1192, § 1, effective August 9.
This section is similar to former § 12-59-113 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-124 - Complaints of deceptive trade or sales practices

(1)
A person claiming pecuniary loss as a result of a deceptive trade or sales practice, pursuant to section
23-64-123
, by a school or agent may file with the board a written complaint against the school or agent. The complaint must set forth the alleged violation and any other relevant information as the board may require. A complaint filed under this section is a public record subject to the provisions of article
72
of title
24
and must be filed within two years after the student discontinues his or her training at the school or at any time prior to the commencement of training.
(2)
The board shall investigate any such complaint and thereafter may consider the complaint at a hearing. If, upon all the evidence at a hearing, the board finds that a school or agent has engaged in or is engaging in any deceptive trade or sales practice, the board may issue and cause to be served upon the school, the agent, or the designated agent for service of process, notice, or demand an order requiring the school or agent to cease and desist from such practice. The board may obtain an order for enforcement of its order in the district court pursuant to section
24-4-106
.
(3)
If the board finds that the complainant or class of complainants has suffered pecuniary loss as a result of such practice, the board, at its discretion, may award the complainant or class of complainants full restitution for the loss. The board may also commence a civil action against a school or agent believed by the board to have caused a complainant or class of complainants to suffer pecuniary loss as a result of any deceptive trade or sales practice. Upon a finding that the complainant or class of complainants has suffered pecuniary loss as a result of any deceptive trade or sales practice, the court shall order the school or agent to pay to the complainant or class of complainants full restitution for the loss.
(4)
Any person filing a complaint alleging a deceptive trade or sales practice pursuant to this section shall exhaust the remedies provided in this section prior to filing a complaint with the district court alleging a deceptive trade or sales practice.
Renumbered from C.R.S. § 12-59-118 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
Amended by 2013 Ch. 204,§ 5, eff. 5/11/2013.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1199, § 1, effective August 9.
This section is similar to former § 12-59-118 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-125 - Preservation of records

(1)
In the event that a school located in Colorado ceases operation, the owner or his or her authorized designee shall deposit with the division the original or legible true copies of all educational, financial, or other records of the school.
(2)
In the event that it appears to the board that any records of a school located in Colorado that is ceasing operation are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the board, the board may seize and take possession of the records upon making application to any court of competent jurisdiction for an appropriate order. The board shall maintain or cause to be maintained a permanent file of any such records.
(3)
Any person desiring copies of any such records shall pay a fee as may be established by the board.
Amended by 2018 Ch. 196,§ 3, eff. 8/8/2018.
Renumbered from C.R.S. § 12-59-119 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
Amended by 2015 Ch. 100,§ 6, eff. 8/5/2015.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1200, § 1, effective August 9. L. 2018: (2) amended, (SB 18-177), ch. 196, p. 1290, § 3, effective August 8.
This section is similar to former § 12-59-119 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-126 - Enforceability of notes, contracts, and other evidence of indebtedness

(1)
No note, other instrument of indebtedness, or contract relating to payment for educational services shall be enforceable in the courts of this state by any school located within this state unless the school, at the time of execution of the note, other instrument of indebtedness, or contract, holds a valid certificate of approval nor by any school having an agent in this state unless the agent, who enrolled persons to whom educational services were to be rendered or to whom educational credentials were to be granted, held a valid agent's permit at the time of the execution of the note, other instrument of indebtedness, or contract.
(2)
The enforceability of notes, contracts, and other evidence of indebtedness relating to payment for educational services shall be in compliance with applicable state and federal laws and regulations, as amended.
Renumbered from C.R.S. § 12-59-120 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1200, § 1, effective August 9.
This section is similar to former § 12-59-120 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-127 - Violations - civil - penalty

The board may commence a civil action against any entity believed by the board to have violated the provisions of section
23-64-113
or who fails or refuses to deposit with the division the records required by section
23-64-125
. Upon a finding that the entity has violated the provisions of section
23-64-113
or has failed or refused to deposit with the division the records required by section
23-64-125
, the court shall order the entity to pay to the division a civil penalty not to exceed one hundred dollars for each violation. Each day's failure by an entity to comply with the provisions of said section is a separate violation.
Renumbered from C.R.S. § 12-59-121 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
Amended by 2015 Ch. 100,§ 7, eff. 8/5/2015.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1200, § 1, effective August 9.
This section is similar to former § 12-59-121 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-128 - Violations - criminal - penalty

Any person, group, or entity, or any owner, officer, agent, or employee thereof, who willfully violates the provisions of section
23-64-113
or who willfully fails or refuses to deposit with the division the records required by section
23-64-125
commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 402, eff. 3/1/2022.
Renumbered from C.R.S. § 12-59-122 and amended by 2017 Ch. 261, § 1, eff. 8/9/2017.
Amended by 2015 Ch. 100, § 8, eff. 8/5/2015.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 1200, p. 1200, § 1, effective August 9. L. 2021: Entire section amended, (SB 21-271), ch. 3223, p. 3223, § 402, effective 3/1/2022.
(1) This section is similar to former § 12-59-122 as it existed prior to 2017.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-129 - State administrative procedure act

Unless otherwise provided in this article 64, the provisions of the "State Administrative Procedure Act", article
4
of title
24
, shall govern the giving of notices for and the conducting of any hearings on any matter within the authority of the board as set forth in this article 64.
Renumbered from C.R.S. § 12-59-123 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1201, § 1, effective August 9.
This section is similar to former § 12-59-123 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-130 - Jurisdiction of courts - service of process

Any school located within or without this state that offers to provide educational services to any person in this state, whether the educational services are provided in person or by correspondence, or that offers to award any educational credentials to any person in this state submits the school to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this article 64 by injunction pursuant to section
23-64-131
. Service of process upon any such school subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or without this state in the manner prescribed by the Colorado rules of civil procedure, which shall have the same force and effect as if the summons had been personally served within this state. Nothing contained in this section shall limit or affect the right to serve any process as prescribed by the Colorado rules of civil procedure.
Renumbered from C.R.S. § 12-59-124 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1201, § 1, effective August 9.
This section is similar to former § 12-59-124 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-131 - Enforcement - injunction - fines - rules

(1)
Whenever it appears to the board that any entity is or has been violating any of the provisions of this article 64 or any of the lawful rules or orders of the board, the board, on its own motion or on the written complaint of any person, may apply for and obtain a temporary restraining order or injunction, or both, in the name of the board in any district court in this state against the entity for the purpose of restraining or enjoining the violation or for an order directing compliance with the provisions of this article 64 and all rules and orders issued pursuant to this article 64. The board may also issue a cease-and-desist order prior to seeking court-ordered injunctive relief. It is not necessary that the board allege or prove that it has no adequate remedy at law. The right of injunction or a cease-and-desist order provided for in this section is in addition to any other legal remedy that the board has and is in addition to any right of criminal prosecution provided by law. The existence of board action with respect to alleged violations of this article 64 is not a bar to any action for injunctive relief pursuant to this section.
(2)
The board shall have the authority to promulgate rules and adopt procedures to establish, impose, and collect fines from an entity that is in violation of the provisions of this article 64 or the lawful rules or orders of the board. The board may impose a fine, pursuant to said rules, in addition to or in lieu of seeking a temporary restraining order or an injunction pursuant to subsection (1) of this section. All fines collected pursuant to this subsection (2) shall be transferred to the state treasurer, who shall credit the same to the state general fund.
(3)
In determining whether to impose a fine, seek a temporary restraining order or an injunction, or issue a cease-and-desist order, the board shall consider whether the entity has engaged in a pattern of noncompliance.
Renumbered from C.R.S. § 12-59-125 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
Amended by 2015 Ch. 100,§ 3, eff. 8/5/2015.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1201, § 1, effective August 9.
This section is similar to former § 12-59-125 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-132 - Transfer of governance of private occupational schools - provisions for transition - rules

(1)
(a)
Any powers, duties, and functions relating to the governance, jurisdiction, and control of private occupational schools that were previously vested in the state board for community colleges and occupational education prior to July 1, 1990, are specifically transferred to the division on July 1, 1990.
(b)
The powers, duties, and functions specified in section
23-64-108
relating to the governance, jurisdiction, and control of private occupational schools that were previously vested in the division prior to July 1, 1998, are specifically transferred to the board on July 1, 1998.
(2)
The board shall establish minimum criteria, promulgate other rules, and adopt procedures necessary for the conduct of its work and the implementation of this article 64 pursuant to section
23-64-108
.
Renumbered from C.R.S. § 12-59-127 and amended by 2017 Ch. 261,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1202, § 1, effective August 9.
This section is similar to former § 12-59-127 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-133 - [Effective Until 8/7/2024] Repeal of article - review of functions

This article 64 is repealed, effective September 1, 2024. Prior to the repeal, the department of regulatory agencies shall review the regulation of private occupational schools and their agents under this article 64, including the functions of the division and the board, in accordance with section
24-34-104
.
Renumbered from C.R.S. § 12-59-128 and amended by 2017 Ch. 261, § 1, eff. 8/9/2017.
Amended by 2015 Ch. 100, § 1, eff. 8/5/2015.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1202, § 1, effective August 9.
This section is similar to former § 12-59-128 as it existed prior to 2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION (§§ 23-60-101 — 23-64-133) › Article 64 - PRIVATE OCCUPATIONAL SCHOOLS (§§ 23-64-101 — 23-64-133) › Section 23-64-133 - [Effective 8/7/2024] Repeal of article - review of functions

This article 64 is repealed, effective September 1, 2035. Prior to the repeal, the department of regulatory agencies shall review the regulation of private occupational schools and their agents under this article 64, including the functions of the division and the board, in accordance with section
24-34-104
.
Amended by 2024 Ch. 270,§ 2, eff. 8/7/2024.
Renumbered from C.R.S. § 12-59-128 and amended by 2017 Ch. 261, § 1, eff. 8/9/2017.
Amended by 2015 Ch. 100, § 1, eff. 8/5/2015.
L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1202, § 1, effective August 9.
This section is similar to former § 12-59-128 as it existed prior to 2017.
2024 Ch. 270, 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.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › EDUCATIONAL CENTERS AND LOCAL DISTRICT COLLEGES (§§ 23-70-101 — 23-73-101) › Article 70 - AURARIA HIGHER EDUCATION CENTER (§§ 23-70-101 — 23-70-117) › Section 23-70-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that this article is necessary to:
(a)
Provide for the coordination of the planning and construction of a multiinstitutional higher education complex located in the city and county of Denver on land designated therefor and on land now occupied by the university of Colorado at Denver, collectively known as the Auraria higher education center and referred to in this article as the "center";
(b)
Provide for the land, physical plant, and facilities necessary to accommodate and house Metropolitan state university of Denver, the university of Colorado at Denver, and the community college of Denver, Auraria campus, referred to in this article as the "constituent institutions", at and within the center;
(c)
Facilitate the execution and performance of the constitutional and statutory responsibilities of the governing boards of the constituent institutions;
(d)
Establish a new board to plan, construct, maintain, and manage the land and physical facilities of the center and perform the duties and exercise the powers otherwise set forth in this article;
(e)
Provide a system for facilitating cooperation among the constituent institutions, their governing boards, and the governing board created by this article; and
(f)
Facilitate, in conjunction with the private sector, the development of facilities at and within the center for the purposes of providing moneys to the center, providing occupational and educational opportunities consistent with the mission of the constituent institutions, and integrating the center with the adjacent Denver area.
L. 74: Entire article added, p. 390, § 1, effective May 13. L. 90: (1)(b) amended, p. 1156, § 12, effective July 1. L. 2008: (1)(d) and (1)(e) amended and (1)(f) added, p. 1078, § 2, effective May 22. L. 2012: (1)(b) amended, (SB 12-148), ch. 125, p. 427, § 16, effective July 1.
For the legislative declaration in the 2012 act amending subsection (1)(b), see section 1 of chapter 125, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › EDUCATIONAL CENTERS AND LOCAL DISTRICT COLLEGES (§§ 23-70-101 — 23-73-101) › Article 70 - AURARIA HIGHER EDUCATION CENTER (§§ 23-70-101 — 23-70-117) › Section 23-70-101.5 - Board abolished

Effective July 1, 1989, the existing board of directors of the Auraria higher education center is abolished, and the terms of members of the board then serving are terminated.
L. 89: Entire section added, p. 1013, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › EDUCATIONAL CENTERS AND LOCAL DISTRICT COLLEGES (§§ 23-70-101 — 23-73-101) › Article 70 - AURARIA HIGHER EDUCATION CENTER (§§ 23-70-101 — 23-70-117) › Section 23-70-103 - Responsibility of governing boards of constituent institutions

(1)
Except as may be expressly provided in this article, the respective governing boards of the constituent institutions are charged with the responsibility for, and shall plan, initiate, manage, and control, their respective programs within the Colorado system of higher education as provided in this article; and, in addition, said respective boards shall initiate and control joint academic and vocational programs among two or more of the constituent institutions at the center.
(2)
The respective governing boards of the constituent institutions shall provide for a common academic calendar which is sufficient so that students may begin, make progress toward, and complete a course at a time which will allow full opportunity for enrollment in courses offered at any of the three constituent institutions. Registration periods shall coincide and the academic year shall commence and terminate simultaneously.
(3)
The respective governing boards of the constituent institutions shall ensure that credits earned at each of the constituent institutions are transferable between institutions as required by section 23-1-108.5.
(4)
The governing boards, through their respective chief executive officers, with the participation of the executive director of the commission on higher education, shall jointly draft a memorandum of agreement covering interinstitutional issues at the Auraria campus. The memorandum of agreement shall provide guidance and direction to the Auraria board in the determination of operationally related matters but shall not bind or otherwise limit the board in its authority to manage the Auraria campus. An initial memorandum of agreement shall be submitted to the commission on higher education to be forwarded to the general assembly not later than January 15, 1990.
Amended by 2024 Ch. 202,§ 4, eff. 5/18/2024.
L. 74: Entire article added, p. 391, § 1, effective May 13. L. 89: (4) added, p. 1014, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › EDUCATIONAL CENTERS AND LOCAL DISTRICT COLLEGES (§§ 23-70-101 — 23-73-101) › Article 70 - AURARIA HIGHER EDUCATION CENTER (§§ 23-70-101 — 23-70-117) › Section 23-70-104 - Duties of the Auraria board

(1)
The Auraria board has the duty:
(a)
To acquire, plan, construct, own, lease, operate, maintain, manage, or dispose of all of the physical plant, facilities, buildings, and grounds in the center (except that land owned at the Auraria center by the regents of the university of Colorado shall continue under such ownership but shall be maintained and managed in a similar manner to the other facilities in the Auraria center) and such additional land and facilities as the Colorado commission on higher education may from time to time designate and approve and to accept and hold for the use of the center and its constituent institutions such property as was designated or used prior to May 13, 1974, for purposes of the center or its constituent institutions;
(b)
To allocate among and assign to the constituent institutions, in accordance with needs, suitable space within the center for the use of such institutions and for such joint or cooperative educational, vocational, and other activities and programs as may be provided by the constituent institutions;
(c)
To facilitate effective coordination and economies of operation of physical facilities by designating joint facilities of the constituent institutions, to include, but not be limited to, auxiliary facilities, as defined in section
23-5-101.5(2)(a)
;
(d)
To determine and designate the nonacademic and nonvocational joint programs or joint activities of the constituent institutions, to include, but not be limited to, security and fire protection, maintenance, and purchasing;
(e)
To continually develop, review, and update annually a long-range plan for operation of the center. There shall be a five-year forecast of the operational costs and capital construction costs, which shall be submitted to the general assembly no later than January 1 of each year, commencing January 1, 1975.
(f)
To decide interinstitutional disputes presented to the Auraria board by any one or more of the constituent institutions pursuant to section
23-70-106.5
; and
(g)
To investigate supplementary or alternative methods for delivery of selected higher educational services through the use of existing campuses and facilities in Denver and the metropolitan area.
L. 74: Entire article added, p. 391, § 1, effective May 13. L. 85: (1)(f) amended, p. 770, § 29, effective July 1. L. 88: (1)(a) amended, p. 868, § 1, effective April 7. L. 93: (1)(c) amended, p. 1824, § 4, effective June 6.
2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › EDUCATIONAL CENTERS AND LOCAL DISTRICT COLLEGES (§§ 23-70-101 — 23-73-101) › Article 70 - AURARIA HIGHER EDUCATION CENTER (§§ 23-70-101 — 23-70-117) › Section 23-70-105 - General powers of the Auraria board

(1)
The Auraria board is a body corporate by the name and style of the board of directors of the Auraria higher education center and, as such and by its said name, has the power to:
(a)
Sue or be sued to the extent permitted by law;
(b)
Contract or be contracted with;
(c)
Acquire, hold, lease as lessor or lessee, or dispose of property, both real and personal;
(d)
Have a common seal which it may change and alter at its pleasure;
(e)
Elect officers of the board, appoint a chairman, and promulgate bylaws and rules of procedure to govern the transaction of its business as provided in this article;
(f)
Employ, within funds appropriated for such purpose or otherwise made available therefor, such employees as are necessary to perform the functions and carry out the duties of the Auraria board, including a chief executive officer who shall report directly to the Auraria board;
(g)
Assess, after approval of the governing boards of the constituent institutions, a special student fee, which may be pledged as provided in section
23-70-108
and shall be collected as prescribed by the Auraria board; and
(h)
Do all things necessary to carry out the provisions of this article in like manner as municipal corporations of this state, including but not limited to the power to approve special districts wholly contained within the boundaries of the center in accordance with section
32-1-204.5
, C.R.S., as if the board were a municipal corporation.
L. 74: Entire article added, p. 392, § 1, effective May 13. L. 88: (1)(c) amended, p. 868, § 2, effective April 7. L. 89: (1)(f) amended, p. 1015, § 4, effective July 1. L. 2008: (1)(f) and (1)(g) amended and (1)(h) added, p. 1079, § 3, effective May 22. L. 2015: (1)(f) amended, (SB 15-264), ch. 259, p. 957, § 59, effective August 5.