Colorado § 25-1-109 - Powers and duties of division of administration.

§ 25-1-109. Powers and duties of division of administration.

(1) In addition to the other powers and duties conferred and imposed in this part 1 upon the division of administration, the division, through the director or, upon the director's direction and under the director's supervision, through the other officers and employees of the division, has the following powers and duties:

(a) To administer and enforce the public health laws of the state of Colorado and the standards, orders, rules, and regulations established, issued, or adopted by the board;

(b) To exercise all powers and duties conferred and imposed upon the department not expressly delegated to the board by the provisions of this part 1;

(c) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties vested in or imposed upon the division of administration. The director may designate an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings pursuant to section 24-4-105, C.R.S.

(d) Repealed.

(e) To supervise all subdivisions and boards of the department to determine that publications of the department and of any subdivisions thereof circulated in quantity outside the executive branch are issued in accordance with the provisions of section 24-1-136, C.R.S.;

(f) To appoint, pursuant to section 13 of article XII of the state constitution, a chief health inspector and such deputy inspectors as may be authorized. Such inspectors have the power to enter any workplace as provided in section 8-1-116, C.R.S. All expenses incurred by the division and its employees, pursuant to the provisions of this section, shall be paid from the funds appropriated for its use, upon approval of the director.

(g) Repealed.

(h) To administer and enforce the minimum general sanitary standards and regulations adopted pursuant to section 25-1.5-202.

Source: L. 47: p. 513, § 7. CSA: C. 78, § 21(7). CRS 53: § 66-1-9. C.R.S. 1963: § 66-1-9. L. 64: p. 140, § 68. L. 73: p. 917, § 1. L. 77: (1)(h) added, p. 1261, § 2, effective June 9; (1)(c) amended, p. 308, § 13, effective June 10. L. 80: (1)(f) amended and (1)(g) repealed, pp. 450, 451, §§ 5, 6, effective April 13. L. 83: (1)(d) and (1)(e) amended, p. 839, § 58, effective July 1. L. 87: (1)(c) amended, p. 967, § 77, effective March 13. L. 96: (1)(d) repealed, p. 1256, § 145, effective August 7. L. 2003: IP(1) and (1)(h) amended, p. 706, § 31, effective July 1.

Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.

ANNOTATION

Subsection (1)(c) grants subject matter jurisdiction. Subsection (1)(c) gives the department of health subject matter jurisdiction to conduct hearings relating generally to health matters, such as nursing care services. Geriatrics, Inc. v. State Dept. of Health, 650 P.2d 1288 (Colo. App. 1982), aff'd in part, rev'd in part on other grounds, 699 P.2d 952 (Colo. 1985).