Department of regulatory agencies - creation.

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(1) There is hereby created a department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(1.1) Repealed.

(2) The department of regulatory agencies shall consist of the following divisions:

(a) The public utilities commission, created by article 2 of title 40, C.R.S. Its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as a division thereof. The director of the commission shall serve as the division director.

(a.5) The office of consumer counsel and the utility consumers' board, created by article 6.5 of title 40, C.R.S. The office of consumer counsel and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as a division thereof. The utility consumers' board shall exercise its powers and perform its duties and functions under the department as if the same were transferred to the department by a type 1 transfer and allocated to the office of consumer counsel.

(b) (I) Division of insurance, the head of which shall be the commissioner of insurance. The division of insurance of the state of Colorado, created by section 10-1-103, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as the division of insurance.

(II) The workers' compensation classification appeals board, created by section 8-55-101 (1), C.R.S., shall exercise its powers and perform duties and functions under the division of insurance as if such workers' compensation classification appeals board were transferred to the division of insurance by a type 1 transfer.

  1. Division of financial services, the head of which shall be the state commissioner offinancial services. The financial services board, created by section 11-44-101.6, C.R.S., and its powers, duties, and functions are transferred as if by a type 1 transfer to the department of regulatory agencies and allocated to the division of financial services. The office of state commissioner of financial services and the financial services division of the state of Colorado, created by article 44 of title 11, C.R.S., are transferred by a type 2 transfer to the department of regulatory agencies and allocated to the division of financial services.

  2. Division of banking, the head of which shall be the state bank commissioner. Thebanking board, created by article 102 of title 11, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of banking.

  3. Division of securities, the head of which shall be the commissioner of securities. Thesecurities board, created in section 11-51-702.5, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of securities. The division of securities, and the office of commissioner of securities, created by article 51 of title 11, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as the division of securities.

  4. Repealed.

  5. Division of professions and occupations, the head of which shall be the director ofprofessions and occupations, which office is hereby created. The division of professions and occupations is transferred by a type 2 transfer to the department of regulatory agencies as the division of professions and occupations.

  6. Colorado civil rights division, the head of which shall be the director of the Coloradocivil rights division. The Colorado civil rights commission, the Colorado civil rights division, and the office of director of the Colorado civil rights division, created by part 3 of article 34 of this title, and their powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies as the Colorado civil rights division.

  7. and (j) Repealed.

(k) (I) Division of real estate, the head of which shall be the director of the division. The division of real estate and the director of the division, created by part 2 of article 10 of title 12, shall exercise their powers and perform their duties and functions under the department of regulatory agencies as if they were transferred to the department by a type 2 transfer. The real estate commission, created by part 2 of article 10 of title 12, and its powers, duties, and functions are transferred by a type 1 transfer to the department of regulatory agencies.

(II) The division shall include the board of real estate appraisers, created by part 6 of article 10 of title 12, which shall exercise its powers and perform its duties and functions under the department of regulatory agencies as if the same were transferred thereto by a type 1 transfer. The division shall also include the board of mortgage loan originators, created by section 12-10-703. The board of mortgage loan originators shall exercise its powers and perform its duties and functions under the department of regulatory agencies as if transferred thereto by a type 1 transfer.

(l) Division of conservation, the head of which is the director of the division. The division of conservation and the director of the division, created by article 15 of title 12, shall exercise their powers and perform their duties and functions under the department of regulatory agencies as if they were transferred to the department by a type 2 transfer. The conservation easement oversight commission, created by section 12-15-103, and its powers, duties, and functions are transferred by a type 2 transfer to the department of regulatory agencies and allocated to the division of conservation.

(3) The following boards and agencies are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of professions and occupations:

  1. Repealed.

  2. State board of accountancy, created by article 100 of title 12; (c) (Deleted by amendment, L. 2006, p. 742, § 10, effective July 1, 2006.) (d) to (g) Repealed.

(h) Colorado state board of chiropractic examiners, created by article 215 of title 12; (i) and (j) Repealed.

(k) Colorado dental board, created in article 220 of title 12; (l) Repealed.

(m) (I) Colorado medical board, created by article 240 of title 12; (II) Colorado podiatry board, created by article 290 of title 12; (n) and (o) Repealed.

  1. State board of optometry, created by article 275 of title 12;

  2. Passenger tramway safety board, created by article 150 of title 12;(r) State board of pharmacy, created by part 1 of article 280 of title 12; (s) and (t) Repealed.

  1. State board of licensure for architects, professional engineers, and professional landsurveyors, created by section 12-120-103;

  2. Colorado state board of psychologist examiners, created by part 3 of article 245 oftitle 12;

  3. and (x) Repealed.

  1. State board of veterinary medicine, created by article 315 of title 12;

  2. Board of examiners of nursing home administrators, created by article 265 of title 12;(aa) State plumbing board, created by article 155 of title 12; (bb) to (ee) Repealed.

(ff) State electrical board, created by article 115 of title 12; (gg) State board of nursing, created by article 255 of title 12; (hh) Repealed.

  1. State board of social work examiners, created by part 4 of article 245 of title 12;

  2. State board of marriage and family therapist examiners, created by part 5 of article245 of title 12;

  3. State board of licensed professional counselor examiners, created by part 6 of article 245 of title 12;

  4. State board of unlicensed psychotherapists, created by part 7 of article 245 of title

12;

  1. State board of addiction counselor examiners, created by part 8 of article 245 oftitle 12.

  1. The following boards and agencies are transferred by a

    type 2 transfer to the department of regulatory agencies and allocated to the division of professions and occupations: (a) to (e) Repealed.

  2. Repealed.

Source: L. 68: p. 85, § 22. L. 69: p. 838, § 3. C.R.S. 1963: § 3-28-22. L. 70: p. 424, § 13. L. 71: p. 105, § 12. L. 72: p. 143, § 2. L. 73: pp. 935, 1038, 1065, §§ 26, 2, 2. L. 74: (3)(ff) added, p. 276, § 1, effective July 1. L. 75: IP(3) amended and (3)(dd) added, p. 443, §§ 4, 5, effective April 15; IP(3) amended, (3)(dd) repealed, and (4) added, pp. 542, 543, §§ 2, 3, effective July 1; (3)(ee) added, p. 553, § 2, effective July 1; (4) added, p. 487, § 2, effective July 1. L. 76: (3)(g) repealed, p. 400, § 11, effective April 3; (3)(ee) repealed and (4)(d) added, p. 305, §§ 40, 41, effective May 20; (3)(f) repealed, p. 416, § 13, effective July 1; (3)(l) repealed, p. 429, § 1, effective July 1, 1977. L. 77: (2)(j) added, p. 718, § 3, effective July 1; (3)(d) repealed, p. 626, § 1, effective July 1; (3)(e) R&RE and (3)(j) repealed, p. 623, §§ 2, 4, effective July 1;

(3)(i) repealed, p. 633, § 8, effective July 1. L. 78: (2)(b) amended, p. 284, § 2, effective July 1;

(2)(i) amended and (3)(x) repealed, pp. 265, 266, §§ 62, 63, effective May 23; (3)(bb) amended, p. 315, § 3, effective July 1; (3)(cc) repealed, p. 266, § 64, effective July 1; (3)(ff) added and (4)(a) repealed, pp. 325, 326, §§ 15, 17, effective July 1. L. 79: (2)(h) amended, p. 922, § 1, effective July 1; (2)(k) added, p. 567, § 1, effective July 1; (2)(k) added and (3)(w) repealed, §§ 7, 9, pp. 571, 572, effective July 1; (2)(j) repealed, p. 553, § 1, effective March 1, 1980. L. 80: (5) added, p. 592, § 2, effective May 1; (3)(m) amended, p. 795, § 51, effective June 5; (3)(o) and (3)(t) repealed, p. 495, § 5, effective July 1; (3)(gg) added, p. 495, § 3, effective July 1. L. 81: (1.1) added, p. 1192, § 2, effective July 1; (3)(hh) added and (4)(c) repealed, p. 825, §§ 25, 27, effective July 1. L. 82: (2)(i) repealed, p. 624, § 23, effective April 2. L. 83: (3)(n) repealed, p. 575, § 10, effective April 22; (3)(a) repealed, p. 513, § 4, effective May 16; (4)(e) added, p. 580, § 2, effective July 1; (3)(bb) repealed, p. 2049, § 11, effective October 14. L. 85: (2)(b) amended, p. 382, § 4, effective April 17; (2)(f) amended, p. 553, § 6, effective July 1. L. 86: (4)(d) repealed, p. 447, § 6, effective April 17. L. 88: (2)(d) amended, p. 417, § 7, effective April 11; (3)(v) amended, (3)(ii), (3)(jj), (3)(kk), and (3)(ll) added, and (4)(b) repealed, pp. 567, 569, §§ 2, 9, effective July 1; (4)(e) repealed, p. 582, § 3, effective July 1. L. 89: (2)(a) amended, p.

1524, § 1, effective April 12; (2)(c) and (3)(hh) amended, pp. 621, 728, §§ 16, 32, effective July 1. L. 90: (2)(k) amended, p. 846, § 3, effective July 1. L. 93: (2)(c) amended , p. 1455, § 19, effective June 6; (2)(f) repealed, p. 1784, § 54, effective June 6; (2)(a.5) added, p. 974, § 2, effective July 1; (2)(f) repealed, p. 1033, § 16, effective July 1; (2)(f) repealed, p. 1237, § 7, effective July 1. L. 94: (3)(hh) repealed, p. 705, § 8, effective April 19; (2)(e) amended, p. 1848, § 16, effective July 1. L. 96: (2)(b) amended, p. 1144, § 3, effective October 1. L. 97: (1.1) repealed, p. 523, § 2, effective July 1. L. 2000: (3)(e) repealed, p. 2025, § 31, effective July 1. L. 2003: (2)(a) amended, p. 1704, § 16, effective May 14; (2)(d) amended, p. 1210, § 20, effective July 1. L. 2004: (3)(u) amended, p. 1310, § 54, effective May 28. L. 2006: (3)(c) and (3)(u) amended, p. 742, § 10, effective July 1. L. 2010: (3)(m)(I) amended, (HB 10-1260), ch. 403, p. 1988, § 81, effective July 1; (2)(k) amended, (HB 10-1141), ch. 280, p. 1299, § 29, effective August 11. L. 2011: (3)(p) amended, (SB 11-094), ch. 129, p. 452, § 32, effective April 22; (3)(ll) amended and (3)(mm) added, (SB 11-187), ch. 285, p. 1328, § 72, effective July 1. L. 2012: (3)(r) amended, (HB 12-1311), ch. 281, p. 1627, § 68, effective July 1. L. 2014: (3)(k) amended, (HB 14-1227), ch. 363, p. 1738, § 46, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 765, § 45, effective June 6. L. 2018: (2)(l) added, (HB 18-1291), ch. 273, p. 1693, § 8, effective May 29. L. 2019: (2)(k), (2)(l), (3)(b), (3)(h), (3)(k), (3)(m), (3)(p), (3)(q), (3)(r), (3)(u), (3)(v), (3)(y), (3)(z), (3)(aa), (3)(ff), (3)(gg), and (3)(ii) to (3)(mm) amended, (HB 19-1172), ch. 136, p. 1685, § 124, effective October 1. L. 2020: (3)(ll) amended, (HB 20-1206), ch. 304, p. 1551, § 66, effective July 14.

Editor's note: (1) Section 4 of chapter 131, Session Laws of Colorado 1975, provides that the act enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 16, 1975.

  1. Section 5 of chapter 142, Session Laws of Colorado 1975, provides that the act amending the introductory portion to subsection (3), repealing subsection (3)(dd), and enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 25, 1975.

  2. Amendments to subsection (2)(k) by Senate Bill 79-242 and House Bill 79-1231 were harmonized.

  3. Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1981. (See L. 80, p. 592.)

Cross references: For the creation of the office of commissioner of insurance, see § 101-104.


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