Colorado § 30-10-409 - Reception book - form - contents - acceptance for recording.

§ 30-10-409. Reception book - form - contents - acceptance for recording.

(1) The county clerk and recorder shall also keep a reception book, each page of which shall be divided into five columns, with heads to the respective columns as follows:

Time

Reception

Names

Grantors

Names

Grantees

Whom

Delivered

Fees

Received

(2) When any document has been accepted by the clerk and recorder for recording and the proper fee has been paid, such document shall be deemed to be recorded for all purposes. After a document has been received, the clerk and recorder shall endorse upon such document information, which may be in electronic form, noting the day, hour, and minute of its acceptance for recording, the index or reception number, the volume, film or page where recorded, if such are used, and the fee received for recording the same and shall immediately make an entry of the same in the reception book, under the appropriate heading, with the amount paid as fee for recording the same. A document shall be deemed accepted as of the date and time of its endorsement. The clerk and recorder's endorsement may be done electronically. When such endorsement is made electronically, the endorsement shall be immediately perceptible and reproducible. Any document, except those filed and recorded pursuant to section 38-29-205, C.R.S., that is received by 1 p.m. on a business day shall be endorsed by the end of that day. Any document that is received after 1 p.m. on a business day shall be endorsed by 5 p.m. on the following business day. Those documents received pursuant to section 38-29-205, C.R.S., shall be endorsed by the clerk and recorder within three business days. After a document has been endorsed and processed for recording, the clerk and recorder, without additional fee or charge, shall deliver it by regular mail, electronic delivery, or personal delivery to the person authorized to receive the same, writing the name of the person to whom it is delivered in an appropriate column in the reception book.

(3) In counties with the capability, the county clerk and recorder may substitute printouts, microfiches, aperture cards, or other legible photographic or electronic processes for the reception book required by this section; except that proper audit controls of cash receipts shall be maintained in compliance with governmental audit procedures.

(4) No clerk and recorder shall be bound to perform any of the duties required to be performed for which a fee is required unless such fee has been paid or tendered.

(5) A clerk and recorder who decides to accept electronic filings shall establish procedures for such electronic filings that are consistent with any standards or rules established by the electronic recording technology board pursuant to section 24-21-403, C.R.S. No electronic filings shall be accepted by the clerk and recorder until the clerk and recorder has established and made publically available the procedures for electronic filings. Nothing in this article shall be interpreted to require any clerk and recorder to accept electronic filings. Nothing in this article shall abridge the power of any clerk and recorder to accept or reject electronic filings in accordance with the provisions of section 38-35-202, C.R.S.

(6) (a) The deadlines set forth in sections 30-10-407 (4.3) and 30-10-408 (2.5) and subsection (2) of this section shall be extended for a reasonable period of time if an extenuating circumstance prevents the clerk and recorder from meeting such deadlines.

(b) As used in this subsection (6), "extenuating circumstance" means a disaster, as defined in section 24-33.5-703 (3), C.R.S., or a technical difficulty related to computer hardware or software that is outside the control of the clerk and recorder.

(c) No deadline shall be extended pursuant to this subsection (6), unless the clerk and recorder makes a written finding of extenuating circumstances that is available to the public. Such finding shall include the deadline that has been extended, the reason for the extension, and the period of the extension.

(d) In the case of an extension related to a technical difficulty related to computer hardware or software, the period of extension shall not exceed seven days.

Source: G.L. § 485. G.S. § 580. R.S. 08: § 1263. C.L. § 8738. CSA: C. 45, § 85. CRS 53: § 35-4-9. C.R.S. 1963: § 35-4-9. L. 81: (3) added, p. 1436, § 3, effective January 1, 1982. L. 96: Entire section amended, p. 1559, § 6, effective July 1. L. 2002: (2) and (3) amended and (5) added, p. 790, § 4, effective August 7. L. 2004: (2) amended and (6) added, p. 377, § 3, effective July 1; (5) amended, p. 1157, § 1, effective July 1. L. 2009: (2) amended, (SB 09-040), ch. 9, p. 62, § 2, effective July 1. L. 2013: (6) (b) amended, (HB13-1300), ch. 316, p. 1694, § 96, effective August 7. L. 2016: (5) amended, (SB 16-115), ch. 356, p. 1481, § 4, effective June 10.