Colorado § 24-35-103 - Powers of executive director - deputies.

§ 24-35-103. Powers of executive director - deputies.

(1) In addition to the divisions specified in section 24-1-117 (4), the executive director of the department of revenue, subject to the approval of the governor, may create such groups, divisions, or subordinate departments within the department of revenue as he or she deems necessary for the proper and efficient functioning of said department, and, when established, may appoint, subject to the approval of the governor, all heads of groups, divisions, and subordinate departments. All such appointments shall be from an eligible list prepared by the state personnel director. If there is no eligible list for the position to be filled, the state personnel director shall forthwith issue to the appointee named by the executive director a provisional appointment, which shall remain in effect until examination is had and such eligible list established, but in no event for a longer period than six months.

(2) (a) Except as provided in paragraph (b) of this subsection (2), the executive director of the department of revenue, with the written approval of the governor, may combine existing groups, divisions, or subordinate departments or reduce the personnel in any group, division, or subordinate department or combined groups, divisions, or subordinate departments or in the department of revenue as a whole, in which case all employees so losing their positions for such reason, in the order of their seniority, shall be placed at the head of the eligible list of like qualifications and duties by the state personnel director. If such employee is a provisional employee, the employee shall not be placed at the head of any such list unless the employee has passed the regular examination of the state personnel system for such position and then only if his or her grade in such examination entitles such person to such position on said eligible list.

(b) The executive director of the department of revenue shall not combine or eliminate the divisions specified in section 24-1-117 (4)(a) unless specifically authorized by law.

(3) Repealed.

(4) (a) Notwithstanding any provision of law, upon approval by the appropriate examination, registration, or licensing board or commission, the executive director of the department of revenue may change the annual renewal date of any license, registration, or certificate issued by such board or commission in order to ensure that approximately the same number of licenses, registrations, or certificates are scheduled for renewal each month of the year. When an annual renewal date is changed or established pursuant to this subsection (4), the fee for such renewal shall be prorated accordingly, and in no case shall fees for an annual license, registration, or certificate be charged for a period in excess of twenty-four months until July 1, 2005, or, after July 1, 2005, a period in excess of twelve months.

(b) This subsection (4) shall not be construed to prohibit the issuance of a license, registration, or certificate for more than twelve months if such authority is granted by statute.

Source: L. 41: p. 70, § 34. CSA: C. 3, § 34. CRS 53: § 3-7-5. C.R.S. 1963: § 3-7-3. L. 72: p. 577, § 4, effective May 10. L. 2000: Entire section amended, p. 1633, § 2, effective June 1. L. 2003: (4) added, p. 1975, § 1, effective May 22.

ANNOTATION

Section is declaratory of the state provisions relating to the state personnel board as interpreted by the courts, except perhaps the six-month limitation on provisional appointments. Schmidt v. Hurst, 109 Colo. 207, 124 P.2d 235 (1942).

For the validity of appointment to position of chief of staff created by director of revenue, see Schmidt v. Hurst, 109 Colo. 207, 124 P.2d 235 (1942).