Section 12-135-401 - Powers and duties of the director - rules(1) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny, suspend, refuse to renew, or revoke a license or registration pursuant to section 12-20-404 (1)(d); issue and send, by electronic mail that is actually received, a letter of admonition to the licensee or registrant under the circumstances specified in and in accordance with section 12-20-404 (4); issue a confidential letter of concern to the licensee or registrant under the circumstance specified in section 12-20-404 (5); place the licensee or registrant on probation pursuant to section 12-20-404 (1)(b); or limit the scope of practice of the registration or license under this article 135 if the licensee or registrant has: (a) Filed an application with the director containing material misstatements of fact or has omitted any disclosure required by this article 135;(b) Had a registration or license issued by Colorado, or an equivalent license, registration, or certification issued by another state, to practice as described in sections 12-135-601, 12-135-701, 12-135-801, and 12-135-901 revoked;(c) Violated this article 135, an applicable provision of article 20 of this title 12, or any rule of the director adopted under this article 135 or committed an act or omission specified in section 12-135-508; or(d) Failed to respond to a complaint within the length of time specified in the notice to the registrant of the complaint.(2) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny or revoke a registration or license if the licensee, the registrant, or the designee of a registrant has a disqualifying criminal history as described in section 12-135-503. The director shall promptly notify the licensee or registrant of the revocation.(3)(a)(I) The director may investigate the activities of a licensee licensed pursuant to part 5 of this article 135 or a registrant registered pursuant to section 12-135-110 or 12-135-303, upon the director's own initiative or upon receipt of a complaint or a suspected or alleged violation of this article 135.(II) The director shall perform routine inspections of all funeral establishments and crematories on a periodic basis as determined by rule. The director may contract with a private party to perform these inspections.(III) To perform an inspection, the director or a private party with whom the director contracts to perform the inspection may enter the premises of a funeral establishment or crematory with full right of ingress and egress:(A) While the funeral establishment or crematory is registered;(B) For a period of time, as determined by rule, after a funeral establishment's or crematory's registration has expired, has been revoked, or has been surrendered; and(C) Upon application for a new registration.(IV) The director shall promulgate rules determining the period of time after a registration is no longer valid during which time the director or a private party with whom the director contracts may perform inspections to ensure that the funeral establishment or crematory continues to comply with this article 135 and winds down the business without creating an undue risk to the public health.(b) Each funeral establishment registered under section 12-135-110 or crematory registered under section 12-135-303 is deemed to have consented to any inspection authorized in this subsection (3) as a condition of the registration.(c) Section 12-20-403 applies to investigations, hearings, and other proceedings under this section.(4) The director shall keep records of registrations, licenses, and disciplinary proceedings. If conducted pursuant to this section:(a) Investigations, examinations, hearings, meetings, or proceedings are exempt from part 4 of article 6 of title 24; and(b) Minutes or records concerning licensing action taken are exempt from part 2 of article 72 of title 24.(5) When the director or administrative law judge deems it appropriate and useful, the director or administrative law judge may consult with or obtain a written opinion from an appropriate professional organization or association of businesses that offers services requiring registration or licensure under this article 135 for the purpose of investigating possible violations or weighing the appropriate standard of care to be applied to specific events or the facts in a hearing being held under this article 135.(6)(a) The director may promulgate reasonable rules necessary to implement this article 135.(b) In promulgating rules under this article 135, the director is subject to article 4 of title 24.(c) (Deleted by amendment, L.2024.)(7) The director may impose discipline, pursuant to this section, on an applicant for registration under this article 135, a funeral establishment registered pursuant to section 12-135-110, or a crematory registered pursuant to section 12-135-303 for the acts of a person that:(a) Is acting on behalf of the applicant, registered funeral establishment, or registered crematory; and(b) Is an officer, a director, a member, a partner, or an owner of the applicant, registered funeral establishment, or registered crematory if:(I) The person holds at least a ten percent interest in the applicant, registered funeral establishment, or registered crematory that is publicly traded; or(II) The person holds an interest in the applicant, registered funeral establishment, or registered crematory that is not publicly traded.Amended by 2024 Ch. 242,§ 3, eff. 5/24/2024.Amended by 2024 Ch. 240,§ 8, eff. 5/24/2024.Amended by 2022 Ch. 37, § 1, eff. 8/10/2022.Renumbered from C.R.S. § 12-54-401 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.L. 2009: Entire part added, (HB 09 -1202), ch. 422, p. 2354, § 10, effective July 1. L. 2011: (1)(b) amended, (HB 11 - 11 78), ch. 89, p. 262, § 14, effective August 10.(1) This section is similar to former § 12-54-401 as it existed prior to 2019.
(2) Amendments to provisions of this section by SB 24-173 and HB 24-1335 were harmonized.
2022 Ch. 37, was passed without a safety clause. See Colo. Const. art. V, § 1(3).