Colorado § 12-105-106 - Powers and duties of the director - rules.

§ 12-105-106. Powers and duties of the director - rules.

(1) The director has the following powers and duties:

(a) To promulgate rules in accordance with section 12-20-204;

(b) To take disciplinary or other action as authorized in section 12-20-404 or limit the scope of practice of an applicant, licensee, or registrant, upon proof of a violation of this article 105 or the rules promulgated pursuant to this article 105;

(c) To prescribe, with the approval of the department of public health and environment, such safety and sanitary rules as the director may deem necessary to protect the health and safety of the public;

(d) To supervise and regulate the industries of barbering, hairstyling, and cosmetology and the practices of estheticians and nail technicians of this state in accordance with this article 105, but nothing contained in this article 105 shall be construed to abrogate the status, force, or operation of any provisions of any public health law of this state or any local health ordinance or regulation;

(e) To establish criteria for applicant eligibility for examination and to establish procedures for the registration of places of business;

(f) To investigate, in accordance with section 12-20-403, upon the director's own initiative or upon receiving a complaint, all suspected or alleged violations of this article 105, unless the director determines that a complaint or alleged violation is without merit, and to enter premises in which violations are alleged to have occurred during business hours;

(g) To apply, in accordance with section 12-20-406, for an order enjoining any act or practice that constitutes a violation of this article 105. Upon a showing to the satisfaction of the court that a person is engaging or intends to engage in any such act or practice, an injunction, temporary restraining order, or other appropriate order shall be granted by such court, regardless of the existence of another remedy therefor.

(h) To send letters of admonition under the circumstances specified in and in accordance with section 12-20-404 (4);

(i) To issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405;

(j) To issue confidential letters of concern under the circumstances specified in section 12-20-404 (5).

(2) Repealed.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 822, § 1, effective October 1. L. 2026: (2) repealed, (HB 26-1181), ch. 353, p. 2134, § 3, effective August 12.

Editor's note: This section is similar to former § 12-8-108 as it existed prior to 2019.

ANNOTATION

The entire article adequately provides standards and guidelines under which the board could and did promulgate and adopt its rules. State Bd. of Cosmetology v. Maddux, 162 Colo. 550, 428 P.2d 936 (1967) (decided under repealed § 32-1-18, C.R.S. 1963).