Colorado § 24-1-122 - Department of regulatory agencies - creation.

§ 24-1-122. Department of regulatory agencies - creation.

(1) There is hereby created a department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(1.1) Repealed.

(2) The department of regulatory agencies consists of the following divisions:

(a) The public utilities commission, created in article 2 of title 40. The public utilities commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division thereof. The director of the commission serves as the division director.

(a.5) The office of the utility consumer advocate and the utility consumers' board, created in article 6.5 of title 40. The office of the utility consumer advocate is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division of the department. The utility consumers' board is a type 2 entity, as defined in section 24-1-105. The utility consumers' board exercises its powers and performs its duties and functions under the department and is allocated to the office of the utility consumer advocate.

(b) (I) The division of insurance, created in section 10-1-103, the head of which is the commissioner of insurance. The division of insurance is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.

(II) The workers' compensation classification appeals board, created in section 8-55-101 (1). The workers' compensation classification appeals board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of insurance.

(c) The division of financial services, the head of which is the state commissioner of financial services. The financial services board, created in section 11-44-101.6, is a type 1 entity, as defined in section 24-1-105. The financial services board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of financial services. The office of state commissioner of financial services and the division of financial services, created in article 44 of title 11, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(d) The division of banking, the head of which is the state bank commissioner. The banking board, created in article 102 of title 11 is a type 1 entity, as defined in section 24-1-105. The banking board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of banking.

(e) The division of securities, the head of which is the commissioner of securities. The securities board, created in section 11-51-702.5, is a type 1 entity, as defined in section 24-1-105. The securities board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of securities. The division of securities, and the office of commissioner of securities, created in article 51 of title 11, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(f) Repealed.

(g) The division of professions and occupations, the head of which is the director of professions and occupations, which office is hereby created. The division of professions and occupations is a type 2 entity, as defined in section 24-1-105.

(h) The Colorado civil rights division, the head of which is the director of the Colorado civil rights division, and the Colorado civil rights commission. The Colorado civil rights commission, the Colorado civil rights division, and the office of director of the Colorado civil rights division, created in part 3 of article 34 of this title 24, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(i) and (j) Repealed.

(k) (I) The division of real estate, the head of which is the director of the division, and the real estate commission. The division of real estate and the director of the division, created in part 2 of article 10 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The real estate commission, created in part 2 of article 10 of title 12, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.

(II) The division of real estate includes the board of real estate appraisers, created in part 6 of article 10 of title 12. The board of real estate appraisers is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies. The division of real estate also includes the board of mortgage loan originators, created in section 12-10-703. The board of mortgage loan originators is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.

(l) The division of conservation, the head of which is the director of the division, and the conservation easement oversight commission. The division of conservation and the director of the division, created in article 15 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The conservation easement oversight commission, created in section 12-15-103, is a type 2 entity, as defined in section 24-1-105. The conservation easement oversight commission exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of conservation.

(3) The following boards and agencies in the department of regulatory agencies are allocated to the division of professions and occupations and are type 1 entities, as defined in section 24-1-105:

(a) Repealed.

(b) State board of accountancy, created by article 100 of title 12;

(c) (Deleted by amendment, L. 2006, p. 742, § 10, effective July 1, 2006.)

(d) to (g) Repealed.

(h) Colorado state board of chiropractic examiners, created by article 215 of title 12;

(i) and (j) Repealed.

(k) Colorado dental board, created in article 220 of title 12;

(l) Repealed.

(m) (I) Colorado medical board, created by article 240 of title 12;

(II) Colorado podiatry board, created by article 290 of title 12;

(n) and (o) Repealed.

(p) State board of optometry, created by article 275 of title 12;

(q) Passenger tramway safety board, created by article 150 of title 12;

(r) State board of pharmacy, created by part 1 of article 280 of title 12;

(s) and (t) Repealed.

(u) State board of licensure for architects, professional engineers, and professional land surveyors, created by section 12-120-103;

(v) Colorado state board of psychologist examiners, created by part 3 of article 245 of title 12;

(w) and (x) Repealed.

(y) State board of veterinary medicine, created by article 315 of title 12;

(z) Board of examiners of nursing home administrators, created by article 265 of title 12;

(aa) State plumbing board, created by article 155 of title 12;

(bb) to (ee) Repealed.

(ff) State electrical board, created by article 115 of title 12;

(gg) State board of nursing, created by article 255 of title 12;

(hh) Repealed.

(ii) State board of social work examiners, created by part 4 of article 245 of title 12;

(jj) State board of marriage and family therapist examiners, created by part 5 of article 245 of title 12;

(kk) State board of licensed professional counselor examiners, created by part 6 of article 245 of title 12;

(ll) State board of unlicensed psychotherapists, created by part 7 of article 245 of title 12;

(mm) State board of addiction counselor examiners, created by part 8 of article 245 of title 12;

(nn) The state physical therapy board, created in part 1 of article 285 of title 12.

(4) The following boards and agencies in the department of regulatory agencies are allocated to the division of professions and occupations and are type 2 entities, as defined in section 24-1-105:

(a) to (e) Repealed.

(f) The office of combative sports, created in section 12-110-105, and the Colorado combative sports commission, created in section 12-110-106.

(5) Repealed.

(6) (a) The Colorado prescription drug affordability review board created in section 10-16-1402 is a type 1 entity, as defined in section 24-1-105. The Colorado prescription drug affordability review board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.

(b) The Colorado prescription drug affordability advisory council created in section 10-16-1409 is a type 2 entity, as defined in section 24-1-105. The Colorado prescription drug affordability advisory council exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.

Source: L. 68: p. 85, § 22. L. 69: p. 838, § 3. C.R.S. 1963: § 3-28-22. L. 70: p. 424, § 13. L. 71: p. 105, § 12. L. 72: p. 143, § 2. L. 73: pp. 935, 1038, 1065, §§ 26, 2, 2. L. 74: (3)(ff) added, p. 276, § 1, effective July 1. L. 75: IP(3) amended and (3)(dd) added, p. 443, §§ 4, 5, effective April 15; IP(3) amended, (3)(dd) repealed, and (4) added, pp. 542, 543, §§ 2, 3, effective July 1; (3)(ee) added, p. 553, § 2, effective July 1; (4) added, p. 487, § 2, effective July 1. L. 76: (3)(g) repealed, p. 400, § 11, effective April 3; (3)(ee) repealed and (4)(d) added, p. 305, §§ 40, 41, effective May 20; (3)(f) repealed, p. 416, § 13, effective July 1; (3)(l) repealed, p. 429, § 1, effective July 1, 1977. L. 77: (2)(j) added, p. 718, § 3, effective July 1; (3)(d) repealed, p. 626, § 1, effective July 1; (3)(e) R&RE and (3)(j) repealed, p. 623, §§ 2, 4, effective July 1; (3)(i) repealed, p. 633, § 8, effective July 1. L. 78: (2)(b) amended, p. 284, § 2, effective July 1; (2)(i) amended and (3)(x) repealed, pp. 265, 266, §§ 62, 63, effective May 23; (3)(bb) amended, p. 315, § 3, effective July 1; (3)(cc) repealed, p. 266, § 64, effective July 1; (3)(ff) added and (4)(a) repealed, pp. 325, 326, §§ 15, 17, effective July 1. L. 79: (2)(h) amended, p. 922, § 1, effective July 1; (2)(k) added, p. 567, § 1, effective July 1; (2)(k) added and (3)(w) repealed, §§ 7, 9, pp. 571, 572, effective July 1; (2)(j) repealed, p. 553, § 1, effective March 1, 1980. L. 80: (5) added, p. 592, § 2, effective May 1; (3)(m) amended, p. 795, § 51, effective June 5; (3)(o) and (3)(t) repealed, p. 495, § 5, effective July 1; (3)(gg) added, p. 495, § 3, effective July 1. L. 81: (1.1) added, p. 1192, § 2, effective July 1; (3)(hh) added and (4)(c) repealed, p. 825, §§ 25, 27, effective July 1. L. 82: (2)(i) repealed, p. 624, § 23, effective April 2. L. 83: (3)(n) repealed, p. 575, § 10, effective April 22; (3)(a) repealed, p. 513, § 4, effective May 16; (4)(e) added, p. 580, § 2, effective July 1; (3)(bb) repealed, p. 2049, § 11, effective October 14. L. 85: (2)(b) amended, p. 382, § 4, effective April 17; (2)(f) amended, p. 553, § 6, effective July 1. L. 86: (4)(d) repealed, p. 447, § 6, effective April 17. L. 88: (2)(d) amended, p. 417, § 7, effective April 11; (3)(v) amended, (3)(ii), (3)(jj), (3)(kk), and (3)(ll) added, and (4)(b) repealed, pp. 567, 569, §§ 2, 9, effective July 1; (4)(e) repealed, p. 582, § 3, effective July 1. L. 89: (2)(a) amended, p. 1524, § 1, effective April 12; (2)(c) and (3)(hh) amended, pp. 621, 728, §§ 16, 32, effective July 1. L. 90: (2)(k) amended, p. 846, § 3, effective July 1. L. 93: (2)(c) amended , p. 1455, § 19, effective June 6; (2)(f) repealed, p. 1784, § 54, effective June 6; (2)(a.5) added, p. 974, § 2, effective July 1; (2)(f) repealed, p. 1033, § 16, effective July 1; (2)(f) repealed, p. 1237, § 7, effective July 1. L. 94: (3)(hh) repealed, p. 705, § 8, effective April 19; (2)(e) amended, p. 1848, § 16, effective July 1. L. 96: (2)(b) amended, p. 1144, § 3, effective October 1. L. 97: (1.1) repealed, p. 523, § 2, effective July 1. L. 2000: (3)(e) repealed, p. 2025, § 31, effective July 1. L. 2003: (2)(a) amended, p. 1704, § 16, effective May 14; (2)(d) amended, p. 1210, § 20, effective July 1. L. 2004: (3)(u) amended, p. 1310, § 54, effective May 28. L. 2006: (3)(c) and (3)(u) amended, p. 742, § 10, effective July 1. L. 2010: (3)(m)(I) amended, (HB 10-1260), ch. 403, p. 1988, § 81, effective July 1; (2)(k) amended, (HB 10-1141), ch. 280, p. 1299, § 29, effective August 11. L. 2011: (3)(p) amended, (SB 11-094), ch. 129, p. 452, § 32, effective April 22; (3)(ll) amended and (3)(mm) added, (SB 11-187), ch. 285, p. 1328, § 72, effective July 1. L. 2012: (3)(r) amended, (HB 12-1311), ch. 281, p. 1627, § 68, effective July 1. L. 2014: (3)(k) amended, (HB 14-1227), ch. 363, p. 1738, § 46, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 765, § 45, effective June 6. L. 2018: (2)(l) added, (HB 18-1291), ch. 273, p. 1693, § 8, effective May 29. L. 2019: (2)(k), (2)(l), (3)(b), (3)(h), (3)(k), (3)(m), (3)(p), (3)(q), (3)(r), (3)(u), (3)(v), (3)(y), (3)(z), (3)(aa), (3)(ff), (3)(gg), and (3)(ii) to (3)(mm) amended, (HB 19-1172), ch. 136, p. 1685, § 124, effective October 1. L. 2020: (3)(ll) amended, (HB 20-1206), ch. 304, p. 1551, § 66, effective July 14. L. 2021: (6) added, (SB 21-175), ch. 240, p. 1276, § 3, effective June 16; IP(2) and (2)(a.5) amended, (SB 21-103), ch. 477, p. 3413, § 10, effective September 1. L. 2022: (2)(a), (2)(a.5), (2)(b), (2)(c), (2)(d), (2)(e), (2)(g), (2)(h), (2)(k), (2)(l), IP(3), IP(4), and (6) amended and (3)(nn) and (4)(f) added, (SB 22-162), ch. 469, p. 3386, § 99, effective August 10.

Editor's note: (1) Section 4 of chapter 131, Session Laws of Colorado 1975, provides that the act enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 16, 1975.

(2) Section 5 of chapter 142, Session Laws of Colorado 1975, provides that the act amending the introductory portion to subsection (3), repealing subsection (3)(dd), and enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 25, 1975.

(3) Amendments to subsection (2)(k) by Senate Bill 79-242 and House Bill 79-1231 were harmonized.

(4) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1981. (See L. 80, p. 592.)

Cross references: (1) For the creation of the office of commissioner of insurance, see § 10-1-104.

(2) For the legislative declaration in SB 21-175, see section 1 of chapter 240, Session Laws of Colorado 2021.

(3) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.