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 4 - ADMINISTRATION (§§ 12-135-401 — 12-135-406) › Section 12-135-401 - [Multiple versions] Powers and duties of the director - rules (§ 12-135-401) › 2

(1)
he director may deny, suspend, refuse to renew, or revoke a registration pursuant to section
12-20-404 (1)(d)
; issue and send by electronic mail that is actually received, a letter of admonition to a funeral establishment or crematory under the circumstances specified in and in accordance with section
12-20-404 (4)
; issue a confidential letter of concern to a funeral establishment or crematory under the circumstance specified in section
12-20-404 (5)
; place a registered funeral establishment or crematory on probation pursuant to section
12-20-404 (1)(b)
; or limit the scope of practice of the registration of a funeral establishment or crematory under this article 135 that has:
(a)
Filed an application with the director containing material misstatements of fact or has omitted any disclosure required by this article 135;
(b)
Had a registration issued by Colorado, or an equivalent license, registration, or certification issued by another state, to practice mortuary science or to embalm or cremate human remains revoked;
(c)
Violated this article 135, an applicable provision of article
20
of this title 12, or any rule of the director adopted under this article 135; or
(d)
Failed to respond to a complaint within the length of time specified in the notice to the registrant of the complaint.
(2)
The director may deny or revoke a registration if the funeral establishment, crematory, or the designee thereof has been convicted of a felony related to another activity regulated under this article 135 or a felony of moral turpitude. The director shall promptly notify the funeral establishment or crematory of the revocation.
(3)
(a)
(I)
The director may investigate the activities of a funeral establishment or crematory upon the director's own initiative or upon receipt of a complaint or a suspected or alleged violation of this article 135.
(II)
The director shall perform routine inspections of all funeral establishments and crematories on a periodic basis as determined by rule. The director may contract with a private party to perform these inspections.
(III)
To perform an inspection, the director or a private party with whom the director contracts to perform the inspection may enter the premises of a funeral establishment or crematory with full right of ingress and egress:
(A)
While the funeral establishment or crematory is registered;
(B)
For a period of time, as determined by rule, after a funeral establishment's or crematory's registration has expired, has been revoked, or has been surrendered; and
(C)
Upon application for a new registration.
(IV)
The director shall promulgate rules determining the period of time after a registration is no longer valid during which time the director or a private party with whom the director contracts may perform inspections to ensure that the funeral establishment or crematory continues to comply with this article 135 and winds down the business without creating an undue risk to the public health.
(b)
Each funeral establishment registered under section
12-135-110
or crematory registered under section
12-135-303
is deemed to have consented to any inspection authorized in this subsection (3) as a condition of the registration.
(c)
Section
12-20-403
applies to investigations, hearings, and other proceedings under this section.
(4)
The director shall keep records of registrations and disciplinary proceedings. The records kept by the director shall be open to public inspection in a reasonable time and manner determined by the director.
(5)
When the director or administrative law judge deems it appropriate and useful, the director or administrative law judge may consult with or obtain a written opinion from an appropriate professional organization or association of businesses who offer services requiring registration under this article 135 for the purpose of investigating possible violations or weighing the appropriate standard of care to be applied to specific events or the facts in a hearing being held under this article 135.
(6)
(a)
The director may promulgate reasonable rules necessary to implement this article 135.
(b)
In promulgating rules under this article 135, the director is subject to article 4 of title 24.
(c)
(7)
The director may impose discipline, pursuant to this section, on an applicant for registration under this article 135, a funeral establishment registered pursuant to section 12-135-110, or a crematory registered pursuant to section 12-135-303 for the acts of a person that:
(a)
Is acting on behalf of the applicant, registered funeral establishment, or registered crematory; and
(b)
Is an officer, a director, a member, a partner, or an owner of the applicant, registered funeral establishment, or registered crematory if:
(I)
The person holds at least a ten percent interest in the applicant, registered funeral establishment, or registered crematory that is publicly traded; or
(II)
The person holds an interest in the applicant, registered funeral establishment, or registered crematory that is not publicly traded.
Amended by 2024 Ch. 242,§ 3, eff. 5/24/2024.
Amended by 2022 Ch. 37, § 1, eff. 8/10/2022.
Renumbered from C.R.S. §
12-54-401
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2354, § 10, effective July 1. L. 2011: (1)(b) amended, (HB 11 - 11 78), ch. 89, p. 262, § 14, effective August 10.
This section is similar to former § 12-54-401 as it existed prior to 2019.
2022 Ch. 37, 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.