Colorado § 12-105-125 - Grounds for discipline.

§ 12-105-125. Grounds for discipline.

(1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that a licensee:

(a) Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(b) Made any misstatement on their application for licensure to practice as a barber, hairstylist, cosmetologist, esthetician, or nail technician or attempted to obtain a license to practice by fraud, deception, or misrepresentation;

(c) Committed an act or failed to perform an act necessary to meet the generally accepted standards to practice a profession licensed under this article 105, which shall include performing services outside of the person's area of training, experience, or competence;

(d) Excessively or habitually uses or abuses alcohol or controlled substances;

(e) Has violated any of the provisions of this article 105, an applicable provision of article 20 of this title 12, or any valid order of the director;

(f) Is guilty of unprofessional or dishonest conduct;

(g) Advertises by means of false or deceptive statement;

(h) Fails to display the license as provided in section 12-105-116;

(i) Fails to comply with the rules promulgated by the director pursuant to section 12-105-106 (1)(a);

(j) Is guilty of willful misrepresentation;

(k) Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a barber, cosmetologist, esthetician, hairstylist, or nail technician;

(l) Aids or abets the unlicensed practice of barbering, hairstyling, or cosmetology or the unlicensed provision of esthetician or nail technician services; or

(m) Fails to timely respond to a complaint sent by the director pursuant to section 12-105-124.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 831, § 1, effective October 1. L. 2026: IP(1) and (1)(b) amended, (HB 26-1181), ch. 353, p. 2137, § 7, effective August 12.

Editor's note: This section is similar to former § 12-8-132 as it existed prior to 2019.

ANNOTATION

Law reviews. For note, "Use of Evidence in Hearings Before Colorado Administrative Agencies", see 29 Dicta 437 (1952).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

The power to grant a license also contains the power to revoke it, where it is necessary for the protection of the public interest. State Bd. of Cosmetology v. Maddux, 162 Colo. 550, 428 P.2d 936 (1967).

Misdemeanor penalties are not the exclusive penalties that can be imposed against those who fail to maintain the required minimum standards. State Bd. of Cosmetology v. Maddux, 162 Colo. 550, 428 P.2d 936 (1967).

To so hold would mean that our citizens would be without protection in a matter of public health and safety because a violator could keep his establishment open merely by paying an occasional fine or by having others operate his school during his incarceration. State Bd. of Cosmetology v. Maddux, 162 Colo. 550, 428 P.2d 936 (1967).

Revocation cannot be arbitrary, and it must be for good cause shown after due notice and fair hearing in accordance with constitutional due process. State Bd. of Cosmetology v. Maddux, 162 Colo. 550, 428 P.2d 936 (1967).

The trial court correctly ruled that the board exceeded its statutory authority in adopting the rules governing demonstrations and advanced or upgrade training classes, and since there was no evidence that either barber was in violation of any statutory provisions or any other rules or regulations, it was error for the board to have suspended their licenses. Colo. State Bd. of Barber Exam'rs v. White, 29 Colo. App. 471, 485 P.2d 928 (1971).