Colorado § 12-20-401 - Procedures for complaints concerning licensees, certificate holders, and registrants - executive director authority - rules.

§ 12-20-401. Procedures for complaints concerning licensees, certificate holders, and registrants - executive director authority - rules.

(1) The executive director is responsible for receiving and monitoring the disposition of complaints. The executive director may require an investigation of a complaint concerning a person regulated by a regulator in accordance with this section.

(2) A regulator shall refer all complaints relating to persons licensed, certified, or registered by the regulator to the executive director.

(3) For the purpose of facilitating the handling of complaints, the executive director shall devise simple, standard complaint forms designed to supply the information necessary to properly conduct an investigation of complaints. The complainant shall reduce each complaint to writing before any formal action begins on the complaint. The receipt of the forms shall be acknowledged on behalf of the executive director. The complainant shall be advised in writing of the final disposition of the complaint.

(4) (a) The executive director may:

(I) Assign a complaint to the appropriate regulator;

(II) Assign a complaint specially for investigation; or

(III) Take such other action on the complaint as appears to the executive director to be warranted in the circumstances.

(b) Assignments of investigations of complaints to others is subject to specified time limits set by the executive director for completion of investigations.

(5) Nothing in this section supersedes sections 24-4-104 to 24-4-106 or the statutory power to issue, suspend, revoke, or renew licenses, certifications, and registrations.

(6) The executive director may promulgate rules, pursuant to section 24-4-103 and not inconsistent with the requirements of this article 20, to assist in the efficient performance of the duties imposed by this section. The executive director may also render advice to the general assembly, as well as to the general public, upon the question of the proper role of the state in regulating professions and occupations.

(7) Information about a substantiated finding of mistreatment of an at-risk adult or the appeal of a finding that the department of human services shares with the department or a regulator for the purposes of a regulatory investigation conducted pursuant to this section is confidential and must be de-identified to protect the privacy of the at-risk adult.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 742, § 1, effective October 1. L. 2021: (7) added, (HB 21-1123), ch. 106, p. 429, § 5, effective September 7.

Editor's note: Subsection (1) is similar to former § 24-34-102 (9); subsection (2) is similar to former § 24-34-103 (1); subsection (3) is similar to former § 24-34-103 (2); subsection (4) is similar to former § 24-34-103 (3); subsection (5) is similar to former § 24-34-103 (4); and subsection (6) is similar to former § 24-34-103 (5), as those sections existed prior to 2019.

ANNOTATION

Law reviews. For article, "Representing a Professional Licensee in A Regulatory Board Investigation", see 21 Colo. Law. 1397 (1992).

To make out a prima facie case under this section, the applicant bears the burden of showing that he is handicapped within the meaning of § 24-34-301 (4), that he was otherwise qualified to perform the job, and that an employer refused to hire him due to the handicap. Once these three conditions are met, the burden shifts to the employer to show that there is no reasonable accommodation that the employer can make with regard to the handicap, that the handicap actually disqualifies the applicant from the job and that the handicap has a significant impact on the job. If the employer presents credible evidence that no reasonable accommodation is possible, the applicant must go forward with evidence of his individual capabilities as well as suggestions for possible accommodation. Civil Rights Comm'n v. Fire Prot. Dist., 772 P.2d 70 (Colo. 1989) (decided prior to 1993 amendment to former § 24-34-301 (4)).