Colorado § 44-30-510 - Applicants and licensees - providing information - criminal history record check.

§ 44-30-510. Applicants and licensees - providing information - criminal history record check.

(1) All applicants for licenses issued by the commission, and all persons holding licenses, including all persons interested, directly or indirectly, in the gaming business or license held by an applicant or licensee, shall upon request by the commission or division provide handwriting exemplars, and each person shall allow himself or herself to be photographed in accordance with procedures established by the commission.

(2) Upon issuance of a formal request or subpoena by the commission to answer or produce information, evidence, or testimony, each applicant and licensee shall comply with the request or subpoena. Where an applicant or licensee, or any employee or person interested, directly or indirectly, in either refuses or fails to comply with a commission request or subpoena, then that person's license or application may be suspended, revoked, or denied, based solely upon such failure or refusal.

(3) (a) With or as a supplement to an application for a license or an application for a finding of suitability pursuant to this article 30, each applicant shall submit a set of fingerprints to the commission. The commission shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The commission shall not take final action on the application before receiving the results of the fingerprint-based criminal history record check.

(b) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the commission shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(c) Nothing in this subsection (3) precludes the commission from making further inquiries into the background of the applicant.

Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 189, § 2, effective October 1. L. 2019: (3) amended, (HB 19-1166), ch. 125, p. 563, § 64, effective April 18. L. 2021: (3)(a) amended, (HB 21-1296), ch. 386, p. 2586, § 3, effective June 30. L. 2022: (3)(b) amended, (HB 22-1270), ch. 114, p. 535, § 60, effective April 21.

Editor's note: This section is similar to former § 12-47.1-511 as it existed prior to 2018.

ANNOTATION

License conditions and revocation authorized by law and constitution. The gaming commission was within its statutory authority in conditioning a key employee license on payment of back child support and taxes and revoking such license for failure to comply with such conditions. The gaming commission did not abuse its discretion or violate due process in so revoking the license where the licensee was given a reasonable opportunity to comply with such conditions, failed to provide requested income tax returns, and made false statements of material fact to the investigator regarding the filing of tax returns and where the gaming commission provided the licensee with substantial evidentiary leeway, allowed the licensee to cross-examine and impeach the investigator, and gave the licensee the opportunity to argue the proper standard for license revocation. Feeney v. Colo. Ltd. Gaming Control Comm'n, 890 P.2d 173 (Colo. App. 1994) (decided under former § 12-47.1-511).