2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 1 - ADMINISTRATIVE ORGANIZATION ACT OF 1968 (§§ 24-1-101 — 24-1-138) › Section 24-1-114 - Department of higher education - creation

(1)
There is hereby created a department of higher education, the head of which shall be the executive director of the Colorado commission on higher education, who shall be appointed by the governor and whose powers and duties are as specified in this section.
(2)
The Colorado commission on higher education and the office of executive director of the commission, created in article
1
of title
23
, are
type 1
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of higher education.
(2.5)
Repealed.
(3)
The department of higher education includes the following divisions:
(a)
Repealed.
(b)
The state historical society, created in part 2 of article
80
of this title 24. The state historical society is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions as a division of the department of higher education.
(c)
The student loan division, created in article
3.1
of title
23
. The division and the office of the director of the division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of higher education.
(d)
The private occupational school division, created in article
64
of title
23
. The private occupational school board, created by section
23-64-107
, is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of higher education. The division, except for the private occupational school board, and the office of the director of the division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of higher education and the executive director of the department.
(4)
For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:
(a)
The regents of the university of Colorado, created by section 12 of article IX of the state constitution, and the university of Colorado, created by section 5 of article VIII of the state constitution;
(b)
The board of governors of the Colorado state university system, created by part 1 of article
30
of title
23
, C.R.S.; Colorado state university, created by article
31
of title
23
, C.R.S.; and Colorado state university - Pueblo, created by article
31.5
of title
23
, C.R.S.;
(c)
(Deleted by amendment, L. 2003, p. 792, § 17, effective July 1, 2003.)
(d)
The board of trustees for the university of northern Colorado, created by section
23-40-104 (1)
, C.R.S., and the university of northern Colorado at Greeley, created by article
40
of title
23
, C.R.S.;
(e)
The board of trustees of the Colorado school of mines, created by article
41
of title
23
, C.R.S., and the school of mines at Golden, created by section 5 of article VIII of the state constitution;
(f)
State board for community colleges and occupational education and the offices of director of occupational education and director of community and technical colleges, created by article
60
of title
23
, C.R.S.;
(g)
Repealed.
(h)
The board of trustees for Adams state university, created by article
51
of title
23
, C.R.S.;
(i)
The board of trustees for Colorado Mesa university, created by article
53
of title
23
, C.R.S.;
(j)
The board of trustees for Metropolitan state university of Denver, created by article
54
of title
23
, C.R.S.;
(k)
The board of trustees for Western Colorado university, created by article
56
of title
23
;
(l)
The board of trustees for Fort Lewis College, created by article
52
of title
23
, C.R.S.
(5)
(a)
With respect to the divisions of the department specified in subsection (3) of this section, the executive director shall have the powers, duties, and functions prescribed in this article for heads of principal departments.
(b)
With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article
1
of title
23
; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections
23-18-201 (2)
,
23-18-303.5
,
23-18-304
, and
23-41-104.6
, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.
(6)
The office of state archaeologist, created in part 4 of article
80
of this title 24, is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions as a section within the state historical society.
Amended by 2022 Ch. 469, § 10, eff. 8/10/2022.
Amended by 2020 Ch. 181, § 17, eff. 7/1/2021.
Amended by 2019 Ch. 400, § 19, eff. 7/1/2019.
Amended by 2017 Ch. 261, § 17, eff. 8/9/2017.
Amended by 2017 Ch. 210, § 21, eff. 5/18/2017.
Amended by 2014 Ch. 169, § 15, eff. 5/9/2014.
Amended by 2013 Ch. 316, § 46, eff. 8/7/2013.
L. 68: p. 77, § 14. C.R.S. 1963: § 3-28-14. L. 72: p. 577, § 6. L. 73: p. 1384, § 2. L. 75: (4)(c)(V) added and (4)(d) amended, p. 214, §§ 37, 38, effective July 16. L. 77: (4)(c)(III) amended, p. 281, § 29, effective June 29. L. 79: (3)(c) added, p. 823, § 2, effective July 1. L. 83: (2.5) added, p. 803, § 8, effective June 3; (4)(b) amended and (4)(c)(III) repealed, § 9, p. 2049, effective October 14. L. 85: (3)(c) amended, p. 1361, § 17, effective June 28. L. 88: IP(4)(c) and (4)(c) amended, p. 863, § 23, effective July 1. L. 90: (3)(d) added and (4)(c)(II) amended, pp. 1159, 1156, §§ 3, 14, effective July 1. L. 92: (3)(a) amended, p. 561, § 4, effective March 25. L. 93: (4)(g) added, p. 926, § 1, effective May 28. L. 95: (1) amended, p. 1102, § 34, effective May 31. L. 98: (3)(d) amended, p. 50, § 28, effective March 17. L. 99: (2.5) repealed, p. 876, § 2, effective July 1. L. 2000: (4)(g) repealed, p. 1569, § 2, effective July 1. L. 2002: (4)(b) amended, p. 1246, § 17, effective August 7; (4)(b) amended, p. 709, § 10, effective 7/1/2003. L. 2003: (4)(c) amended and (4)(h), (4)(i), (4)(j), and (4)(k) added, p. 792, § 17, effective July 1. L. 2004: (5)(b) amended, p. 718, § 6, effective July 1. L. 2005: (5)(b) amended, p. 767, § 35, effective June 1. L. 2006: (3)(a) amended, p. 1658, § 2, effective July 1. L. 2008: (3)(d) amended, p. 1482, § 26, effective May 28. L. 2010: (4)(b) amended and (4)(l) added, (HB 10-1422), ch. 2081, p. 2081, § 58, effective August 11. L. 2011: (4)(i) amended, (SB 11-265), ch. 1368, p. 1368, § 25, effective August 10. L. 2012: (4)(h) amended, (HB 12-1080), ch. 761, p. 761, § 24, effective May 19; (4)(j) amended, (SB 12-148), ch. 428, p. 428, § 19, effective July 1; (4)(k) amended, (HB 12-1331), ch. 1271, p. 1271, § 19, effective August 1. L. 2013: (4)(b) amended, (HB 13-1300), ch. 1680, p. 1680, § 46, effective August 7. L. 2014: (5)(b) amended, (HB 14-1319), ch. 614, p. 614, § 15, effective May 9. L. 2017: (5)(b) amended, (SB 17-297), ch. 822, p. 822, § 21, effective May 18; (3)(d) amended, (HB 17-1239), ch. 1207, p. 1207, § 17, effective August 9. L. 2019: (4)(k) amended, (HB 19-1178), ch. 3547, p. 3547, § 19, effective July 1. L. 2020: (5)(b) amended, (HB 20-1366), ch. 835, p. 835, § 17, effective 7/1/2021.
(1) Amendments to subsection (4)(b) by House Bill 02-1260 and House Bill 02-1324 were harmonized.
(2) Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2006. (See L. 2006, p. 1658.)
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For the legislative declaration contained in the 2004 act amending subsection (5)(b), see section 1 of chapter 6, Session Laws of Colorado 2004. (2) For the legislative declaration in the 2011 act amending subsection (4)(i), see section 1 of chapter 292, Session Laws of Colorado 2011. (3) For the legislative declaration in the 2012 act amending subsection (4)(j), see section 1 of chapter 125, Session Laws of Colorado 2012.