(1) (a) Every application by an individual for a license issued pursuant to the authority set forth in titles 10, 11, and 12, C.R.S., by any division, board, or agency of the department of regulatory agencies shall require the applicant's name, address, and social security number. Subject to the exemptions found in 8 U.S.C. sec. 1621 (c)(2), to the extent that any such license constitutes a professional license or commercial license regulated by 8 U.S.C. sec. 1621, such division, board, or agency may issue or renew any such license to an individual only if the individual is lawfully present in the United States, and shall immediately deny any such license or renewal thereof upon determining that the individual is unlawfully present in the United States. The individual shall prove his or her identity with a secure and verifiable document, as that term is defined in section 24-72.1-102. The division, board, or agency shall not sell or utilize for any purpose other than those specified in law the information contained in the secure and verifiable document, and shall keep such information confidential unless disclosure is required by law; except that nothing in this paragraph (a) shall be construed to limit public access to records that are available for public inspection pursuant to article 72 of this title.
(b) For purposes of this subsection (1), an individual is unlawfully present in the United States if the individual is an alien who is not:
A qualified alien as defined in 8 U.S.C. sec. 1641;
A nonimmigrant under the "Immigration and Nationality Act", federal Public Law82-414, as amended; or
An alien who is paroled into the United States under 8 U.S.C. sec. 1182 (d)(5) forless than one year.
(c) This subsection (1) shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
The divisions, boards, or agencies of the department of regulatory agencies shalldeny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if such division, board, or agency receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of any such division, board, or agency of the department of regulatory agencies, rules promulgated by the state board of human services, and any memorandum of understanding entered into between any division, board, or agency of the department of regulatory agencies and the state child support enforcement agency for the implementation of this section and section 2613-126, C.R.S.
(a) The divisions, boards, and agencies of the department of regulatory agencies may enter into a memorandum of understanding with the state child support enforcement agency to facilitate implementation of this section and section 26-13-126, C.R.S., through the rules promulgated pursuant to subsection (2) of this section.
(b) The divisions, boards, and agencies of the department of regulatory agencies are authorized to promulgate rules to implement the provisions of this section.
For purposes of this section, "license" means any registration, certificate, charter, ormembership issued by any division, board, or agency of the department of regulatory agencies for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
(a) When any division, board, or agency of the department of regulatory agencies determines that an individual applying for a license has been convicted of a crime prior to the application being submitted, it may, subject to the provisions of section 24-5-101, issue a conditional license to that individual.
(b) The individual may request that the conditional designation or any related adverse action be removed a year after the issuance of the conditional license or when the individual applies for renewal of the license, whichever is later:
If the individual remains free of any subsequent criminal conviction or licensing sanction after the conditional license is issued; and
If the individual is no longer serving any term of probation or parole imposed for thecriminal conviction.
The division, board, or agency shall grant the request unless it determines that, underthe provisions of section 24-5-101, the conditional designation remains necessary.
If the division, board, or agency removes the conditional designation, it shall makethe original conditional designation confidential and remove from the individual's professional history any reference to crimes committed before the application for licensure was submitted, unless the removal or designation as confidential violates any federal reporting law.
Source: L. 97: Entire section added, p. 1282, § 24, effective July 1. L. 2006, 1st Ex.
Sess.: (1) amended, p. 28, § 1, effective January 1, 2007. L. 2018: (5) added, (HB 18-1418), ch. 352, p. 2088, § 3, effective May 30.
Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997, provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.