Colorado § 24-34-305 - Powers and duties of commission.

§ 24-34-305. Powers and duties of commission.

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

(a) To adopt, publish, amend, and rescind rules, in accordance with the provisions of section 24-4-103, that are consistent with and for the implementation of parts 3 to 7 of this article. All rules adopted or amended are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b).

(b) Repealed.

(c) (I) To investigate and study the existence, character, causes, and extent of unfair or discriminatory practices as defined in parts 4 to 7 of this article and to formulate plans for the elimination of those practices by educational or other means.

(II) (A) In furtherance of its educational efforts to reduce instances of discriminatory or unfair employment practices, the commission shall create a volunteer working group representing both employer and employee interests, including human resource professionals, to assist in education and outreach efforts to foster understanding of and compliance with part 4 of this article. The commission may accept and expend gifts, grants, and donations to assist in its duties pursuant to this subparagraph (II).

(B) The commission shall create the volunteer working group by September 1, 2013. The working group shall develop and submit to the commission, by January 1, 2014, an education and outreach plan for the commission to implement for purposes of educating employers and providing outreach regarding part 4 of the article.

(C) In addition to the outreach plan required by sub-subparagraph (B) of this subparagraph (II), the working group shall compile and provide to the commission information on educational resources available to employers regarding the requirements of and compliance with part 4 of this article, including resources for employers on prevention of discriminatory employment practices. The commission shall post the information on its website and shall make the information available in an electronic format to all state departments and agencies that interact with private businesses in the state, including the departments of labor and employment, regulatory agencies, revenue, and state and the governor's office of economic development. Those departments and agencies, within existing resources, shall post the information provided by the commission, or links to that information, on their websites.

(d) (I) To hold hearings upon any complaint issued against a respondent pursuant to section 24-34-306; to subpoena witnesses and compel their attendance; to administer oaths and take the testimony of any person under oath; and to compel such respondent to produce for examination any books and papers relating to any matter involved in such complaint. Such hearings may be held by the commission itself, or by any commissioner, or by any administrative law judge appointed by the commission pursuant to part 10 of article 30 of this title, subject to appropriations for such administrative law judges made to the department of personnel; except that, if no administrative law judge is made available within the time limitations set forth in section 24-34-306 (11), the governor shall appoint an administrative law judge at the request of the commission, and such administrative law judge shall be paid out of moneys appropriated to the division. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a subpoena in the premises, and the court shall in a proper case issue its subpoena. Refusal to obey such subpoena shall be punishable as contempt.

(II) No person may be excused from attending and testifying or from producing records, correspondence, documents, or other evidence in obedience to a subpoena in any such matter on the ground that the evidence or the testimony required of him may tend to incriminate him or subject him to any penalty or forfeiture. However, no testimony or other information compelled under order from the commission, or other information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except a prosecution and punishment for perjury or false statement committed in so testifying.

(e) To issue such publications and reports of investigations and research as in its judgment will tend to promote goodwill among the various racial, religious, age, and ethnic groups of the state and which will tend to minimize or eliminate discriminatory or unfair practices as specified by parts 3 to 7 of this article. Publications of the commission circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.

(f) To prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the commission;

(g) To recommend policies to the governor and to submit recommendations to persons, agencies, organizations, and other entities in the private sector to effectuate such policies;

(h) To make recommendations to the general assembly for such further legislation concerning discrimination as it may deem necessary and desirable;

(i) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of parts 3 to 7 of this article, in the planning and conducting of educational programs designed to eliminate racial, religious, cultural, age, and intergroup tensions;

(i.5) To intervene in racial, religious, cultural, age, and intergroup tensions or conflicts for the purpose of informal mediation using alternative dispute resolution techniques. Such intervention may be made in cooperation with other agencies or organizations, both public and private, whose purposes are consistent with those of parts 3 to 7 of this article.

(j) To adopt an official seal;

(k) (I) To receive reports from people alleging mistreatment in the context of maternity care, including care that is not organized for, and provided to, a person who is pregnant or in the postpartum period as defined in section 12-225-103, in a manner that is culturally congruent; that fails to maintain the person's dignity, privacy, and confidentiality; that fails to ensure freedom from harm and mistreatment; and that fails to enable informed choices and continuous support.

(II) Reports shall be collected in a way to ensure that:

(A) Confidential information can be de-identified;

(B) Individuals can identify mistreatment they experienced based on the following mistreatment index categories: Physical abuse, sexual abuse, verbal abuse, stigma and discrimination, failure to meet professional standards of care, or poor rapport between patients or clients and providers; poor conditions and constraints presented by the health-care system; and obstetric racism;

(C) Numbers of reports based on typology can be generated and shared with the public and other agencies;

(D) An individual may identify any protected class the individual may be part of and that may have factored into the individual's mistreatment;

(E) An individual may indicate what might have been done differently to improve the individual's situation;

(F) An individual may enter narrative information in the individual's own words; and

(G) An individual may voluntarily share the individual's contact information and indicate whether the individual consents to being contacted by the department of regulatory agencies or the department of public health and environment.

(III) The commission shall generate de-identified composite information based on reports submitted pursuant to this subsection (1)(k). Notwithstanding section 24-1-136 (11)(a)(I), no later than July 1, 2025, and no later than July 1 every three years thereafter, the commission shall share the generated de-identified composite information with:

(A) The Colorado maternal mortality review committee created in section 25-52-104 (1);

(B) The house of representatives health and human services committee and the senate health and human services committee, or their successor committees; and

(C) The maternity advisory committee defined in section 25.5-4-506 (1)(b).

(IV) Reports may be shared internally with staff for study, investigation, reports, publications, or hearings.

(2) Any provision of this article to the contrary notwithstanding, no person shall be required to alter, modify, or purchase any building, structure, or equipment or incur any additional expense which would not otherwise be incurred in order to comply with parts 3, 4, 6, and 7 of this article.

(3) In exercising the powers and performing the duties and functions under parts 3 to 7 of this article, the commission, the division, and the director shall presume that the conduct of any respondent is not unfair or discriminatory until proven otherwise.

(4) Whether by rule, regulation, or other action or whether as a remedy for violation of any provision of parts 3 to 7 of this article or otherwise, the commission shall not prescribe or require the implementation of a quota system.

Source: L. 79: Entire part R&RE, p. 924, § 3, effective July 1. L. 80: (1) amended, p. 787, § 21, effective June 5. L. 81: (1)(a) amended, p. 1178, § 9, effective June 10. L. 83: (1)(e) and (1)(f) amended, p. 836, § 48, effective July 1. L. 86: (1)(e) and (1)(i) amended, p. 930, § 3, effective May 8. L. 87: (1)(d)(I) amended, p. 964, § 69, effective March 13. L. 89: Entire section amended, p. 1039, § 3, effective July 1. L. 92: (2) amended, p. 1121, § 2, effective July 1. L. 95: (1)(d)(I) amended, p. 654, § 70, effective July 1. L. 99: (1)(i.5) added, p. 152, § 1, effective August 4. L. 2000: (1)(f) amended, p. 1549, § 19, effective August 2. L. 2009: (1)(b) repealed, (SB 09-110), ch. 238, p. 1083, § 5, effective July 1. L. 2013: (1)(c) amended, (HB 13-1136), ch. 168, p. 554, § 4, effective August 7. L. 2016: (1)(a) amended, (HB 16-1192), ch. 83, p. 234, § 18, effective April 14. L. 2021: (1)(k) added, (SB 21-193), ch. 433, p. 2863, § 7, effective September 7. L. 2024: (1)(k) amended, (HB 24-1262), ch. 393, p. 2709, § 3, effective June 4.

Cross references: For the legislative declaration contained in the 1995 act amending subsection (1)(d)(I), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 24-1262, see section 1 of chapter 393, Session Laws of Colorado 2024.

ANNOTATION

For the jurisdiction of commission to consider complaint regarding discriminatory employment practice, see Dept. of Institutions v. Colo. Civil Rights Comm'n ex rel. McAllister, 185 Colo. 42, 521 P.2d 908 (1974) (decided under former law).

Power of subpoena is limited to those situations in which the commission, or its delegated hearing representative, is in fact holding a hearing upon a specific complaint made against a specific entity or person. It is further limited by the mandate that the subpoena must have relevancy to matters involved in the complaint. State ex rel. Colo. Civil Rights Comm'n v. Adolph Coors Corp., 29 Colo. App. 240, 486 P.2d 43 (1971).

Trial court cannot issue subpoena where the commission has no statutory authority to issue or to seek a subpoena. State ex rel. Colo. Civil Rights Comm'n v. Adolph Coors Corp., 29 Colo. App. 240, 486 P.2d 43 (1971).

Civil rights commission's sole function is to make a finding of fact as to whether a statutory employer has acted to discriminate against an employee because of race, creed, color, sex, national origin, or ancestry. Umberfield v. Sch. Dist. No. 11, 185 Colo. 165, 522 P.2d 730 (1974).

A district court on review is bound by this finding of fact if it is supported by substantial evidence in the record. Umberfield v. Sch. Dist. No. 11, 185 Colo. 165, 522 P.2d 730 (1974).

Agency is unauthorized to change final order while judicial review pending. An administrative agency is without authority to change, alter, or vacate a final order entered in proceedings before it while review thereof is pending in the district court. Colo. Anti-Discrimination Comm'n v. Continental Air Lines, 143 Colo. 590, 355 P.2d 83 (1960).

And, upon remand, it is without jurisdiction to do other than as directed by court. An attempt by the anti-discrimination commission (now civil rights commission) to vacate its original order is void where a party to the proceedings seeks review by the district court and the district court remands the cause to the commission with directions to make specific findings on specific issues; the commission has no jurisdiction to do other than as directed by the trial court. Colo. Anti-Discrimination Comm'n v. Continental Air Lines, 143 Colo. 590, 355 P.2d 83 (1960).

Industrial commission decision bars subsequent civil rights proceeding. A decision of the industrial commission on the cause of termination of employment bars a subsequent proceeding before the civil rights commission. Colo. Springs Coach Co. v. State Civil Rights Comm'n, 35 Colo. App. 378, 536 P.2d 837 (1975) (decided prior to the 1986 abolition of the industrial commission).