Section 11-44-102 - Commissioner - duties - employees(1) The head of the division of financial services shall be the state commissioner of financial services, referred to in this article as the "commissioner". The commissioner shall have had at least five years' practical experience in the operation or regulation of financial institutions or financial service operations. The commissioner shall be appointed by the executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitution.(2) The commissioner may appoint, pursuant to section 13 of article XII of the state constitution, a deputy commissioner of financial services, a secretary, and such other employees as deemed necessary for the proper conduct of the division.(3) The deputy commissioner, the secretary, and all other employees of the division are under the direct supervision of the commissioner. Neither the commissioner nor any officer or employee of the division is personally liable for any act performed in good faith if the commissioner, officer, or employee performed the act while in the performance of the commissioner's, officer's, or employee's duties as prescribed by law.(5) (Deleted by amendment, L. 2004, p. 138, § 22, effective July 1, 2004.)(6) The commissioner, the deputy commissioner, the secretary, and all employees shall be reimbursed for all necessary expenses of their office, including all traveling expenses necessarily incurred in the performance of their duties, upon vouchers therefor properly itemized and filed in accordance with law.(8)(a) Neither the commissioner nor any employee of the division shall: (I) Be an officer, director, committee member, attorney for, or stockholder in any credit union or savings and loan association; or(II) Receive, directly or indirectly, any payment, gratuity, or compensation from any institution over which the division has regulatory authority.(b) The provisions of paragraph (a) of this subsection (8) shall not prohibit the commissioner or any employee of the division from being a depositor, account holder, borrower, or user of other available financial services on the same terms as are available to the general public or membership.(c) Notwithstanding any provision of this subsection (8) to the contrary, this subsection (8) shall not prohibit the credit union or savings and loan members of the financial services board pursuant to section 11-44-101.6 (2)(a) or (2)(b) from:(I) Being executive officers in credit unions or savings and loan associations; and(II) Receiving bona fide compensation as such officers.Amended by 2024 Ch. 350,§ 41, eff. 8/7/2024, app. to the operations of the division of financial services, the commissioner of financial services, the financial services board, credit unions, savings and loan associations, and life care institutions on or after 8/7/2024, including the imposition of fines by the commissioner of financial services against a person who violates a cease-and-desist order or a suspension or removal order.Amended by 2013 Ch. 193, §6, eff. 5/11/2013.L. 33: p. 332, § 2. CSA: C. 25, § 48. L. 43: p. 207, § 6. L. 47: p. 315, § 1. CRS 53: § 122-6-2. C.R.S. 1963: § 122-5-2. L. 68: p. 125, § 127. L. 89: (1), (2), and (4) amended, p. 616, § 3, effective July 1. L. 91: (7) added, p. 674, § 3, effective May 1. L. 2004: (1), (2), and (5) amended and (8) added, p. 138, § 22, effective July 1. L. 2013: (4) repealed, (SB 13-159), ch. 193, p. 791, § 6, effective May 11.(1) Subsection (7)(b) provided for the repeal of subsection (7), effective January 1, 1992. (See L. 91, p. 674.)
(2) Section 67(2) of chapter 350 (HB 24-1381), Session Laws of Colorado 2024, provides that the act changing subsection (3) applies to the operations of the division of financial services, the commissioner of financial services, the financial services board, credit unions, savings and loan associations, and life care institutions on or after August 7, 2024, including the imposition of fines by the commissioner of financial services against a person who violates a cease-and-desist order or a suspension or removal order.
2024 Ch. 350, was passed without a safety clause. See Colo. Const. art. V, § 1(3).