(1) Prior to submission of an application, each designated representative must have his or her fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The designated representative shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprintbased criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation.
(2) When the results of a fingerprint-based criminal history record check of a designated representative performed pursuant to this section reveal a record of arrest without a disposition, the board shall require that designated representative to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The designated representative shall pay the actual costs of the name-based criminal history record check.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1492, § 1, effective October 1; entire section amended, (HB 19-1166), ch. 125, p. 568, § 76, effective October 1.
Editor's note: (1) This section is similar to former § 12-42.5-304 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.