Department of Regulatory Agencies

C.R.S. tit. 24, art. 34
in effect

C.R.S. § 24-34-101 Department created - executive director

24-34-101. Department created - executive director. (1) (a) There is hereby created the department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have those powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968". The department of regulatory agencies shall be organized as provided in the "Administrative Organization Act of 1968"; but nothing in this part 1 shall be construed to prevent the establishment, combination, or abolition of divisions, sections, or units other than those created by law. (b) Repealed. (2) The executive director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department of regulatory agencies and divisions thereof. (3) Publications by the executive director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. (4) Repealed. (5) The executive director of the department of regulatory agencies may enter into contracts pursuant to part 5 of article 50 of this title for the purpose of decreasing appropriations in the annual general appropriation act. (6) The executive director of the department of regulatory agencies may contract, pursuant to part 5 of article 50 of this title, with a person having the technical or subject matter expertise or the skill and experience to develop, implement, and administer the licensing and examination functions of the divisions in the department when the executive director determines that a division lacks sufficient technical expertise to perform such licensing and examination functions. (7) A contract entered into pursuant to this section may authorize a contractor to collect fees directly from an applicant. The contract may allow the contractor to retain all or a portion of the fees as payment for performance of the services under the contract. Fees collected and retained by the contractor shall not be subject to the provisions of article 36 of this title. (8) This section shall not be construed to limit the powers of any type 1 board or commission in the department of regulatory agencies. (9) The executive director shall have the authority to accept and expend gifts, grants, and donations for the purposes of implementing and administering the provisions of section 24-4-103 (2.5). (10) The executive director may contract pursuant to part 5 of article 50 of this title with a person, corporation, or entity having technical or subject matter expertise or skill and experience to develop, implement, and administer the licensing and examination functions of the division of professions and occupations when the executive director determines that the division of professions and occupations is without sufficient technical expertise to perform such licensing and examination functions. (11) The executive director may contract pursuant to part 5 of article 50 of this title with a person, corporation, or entity for the purpose of decreasing the appropriations for the division of professions and occupations in the annual general appropriations act. division of professions and occupations is without sufficient technical expertise to perform such licensing and examination functions. (11) The executive director may contract pursuant to part 5 of article 50 of this title with a person, corporation, or entity for the purpose of decreasing the appropriations for the division of professions and occupations in the annual general appropriations act. (12) A contract entered into pursuant to subsection (10) or (11) of this section may authorize a contractor to collect fees directly from an applicant. The contractor may retain all or a portion of the fees designated as payment for performance of the functions under the contract. All fees collected and retained by the contractor shall not be subject to the provisions of article 36 of this title. (13) The executive director shall include in the presentation to the legislative committee of reference pursuant to section 2-7-203, C.R.S., the number of confidential letters of concern issued in the twelve months prior to the presentation by the director of the division of professions and occupations and any board pursuant to title 12, C.R.S. (14) In conjunction with the efforts of the office of information technology regarding cyber coding cryptology for state records pursuant to section 24-37.5-407, the executive director of the department of regulatory agencies or the director's designee shall consider secure encryption methods, especially distributed ledger technologies, to protect against falsification, create visibility to identify external hacking threats, and to improve internal data security, especially to secure business ownership and stock ledger ownership data that might be potential high-risk targets for corporate cyber theft and transaction falsification. The considerations for distributed ledger technologies shall include best practice attempts to maintain privacy of personally identifying information of the distributed user base while utilizing the visibility of distributed transactions.

C.R.S. § 24-34-102 Division of professions and occupations - creation - duties of division and department heads - license renewal, reinstatement, and endorsement - definitions - rules - review of functions

24-34-102. Division of professions and occupations - creation - duties of division and department heads - license renewal, reinstatement, and endorsement - definitions - rules - review of functions. (Repealed)

C.R.S. § 24-34-103 Procedures for complaints concerning licensees

24-34-103. Procedures for complaints concerning licensees. (Repealed)

C.R.S. § 24-34-104 General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal

24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies. (b) It is the intent of the general assembly that the system set forth in this section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner. (2) (a) The divisions in the department of regulatory agencies, the boards and agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section. (b) Upon repeal, an agency continues in existence, or, in the case of the repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section. he license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section. (c) As used in this section, unless the context otherwise requires, "agency" includes a division or board within an agency that is subject to review pursuant to this section. (3) If the state constitution imposes powers, duties, or functions on an agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates. (4) The existence of a newly created agency or function in the department of regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4). (5) (a) The department of regulatory agencies shall analyze and evaluate the performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly. (b) The department of regulatory agencies shall submit its report to the office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b). s shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b). (c) This subsection (5) is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill. (6) (a) Before the repeal, continuation, or reestablishment of an agency or function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest. (b) In the hearings, the determination as to whether an agency has demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others: (I) Whether regulation or program administration by the agency is necessary to protect the public health, safety, and welfare; (II) Whether the conditions that led to the initial creation of the program have changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight; (III) If the program is necessary, whether the existing statutes and regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms; (IV) If the program is necessary, whether agency rules enhance the public interest and are within the scope of legislative intent; (V) Whether the agency operates in the public interest and whether its operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters; (VI) Whether an analysis of agency operations indicates that the agency or the agency's board or commission performs its statutory duties efficiently and effectively; (VII) Whether the composition of the agency's board or commission adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates; (VIII) Whether regulatory oversight can be achieved through a director model; (IX) The economic impact of the program and, if national economic information is not available, whether the agency stimulates or restricts competition; (X) If reviewing a regulatory program, whether complaint, investigation, and disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity; (XI) If reviewing a regulatory program, whether the scope of practice of the regulated occupation contributes to the optimum use of personnel; (XII) Whether entry requirements encourage equity, diversity, and inclusivity; iplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity; (XI) If reviewing a regulatory program, whether the scope of practice of the regulated occupation contributes to the optimum use of personnel; (XII) Whether entry requirements encourage equity, diversity, and inclusivity; (XIII) If reviewing a regulatory program, whether the agency, through its licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification. (XIV) Whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest. (c) A legislative committee of reference that conducts a review pursuant to paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations. (d) (I) If a legislative committee of reference recommends a bill for consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows: (A) To one or more of the members of the committee of reference; or (B) To one or more of the members of the general assembly who are not members of the committee of reference if a majority of the committee's members vote to approve the sponsorship. (II) A member of the general assembly may not sponsor more than two bills introduced pursuant to this subsection (6) in a single legislative session. (III) After consulting with the minority leader of the house of representatives and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor: (A) The speaker of the house of representatives shall assign the proposed bill to a representative for sponsorship in the house of representatives in odd-numbered years; and (B) The president of the senate shall assign the proposed bill to a senator for sponsorship in the senate in even-numbered years. (e) A bill recommended for consideration by a committee of reference pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives. resident of the senate shall assign the proposed bill to a senator for sponsorship in the senate in even-numbered years. (e) A bill recommended for consideration by a committee of reference pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives. (f) Before the repeal, continuation, reestablishment, or revision of an agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6). (7) (a) Pursuant to the process established in this section, a committee of reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly. (b) This section shall not cause the dismissal of a claim or right of a person through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department. (c) This section does not affect the general assembly's authority to otherwise consider legislation affecting a division, board, agency, or similar body. (8) If an agency or function repeals pursuant to the provisions of this section and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues. (9) The purpose of this section is to provide a listing of the divisions, boards, agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section. (10) to (23) Repealed. (24) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2023: (I) to (XIII) Repealed. (b) This subsection (24) is repealed, effective September 1, 2025. (25) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2024: (I) to (VI) Repealed. (VII) The evidential breath-testing cash fund created in section 42-4-1301.1 (9); (VIII) to (XII) Repealed. (XIII) (Deleted by amendment, L. 2024). (XIV) to (XX) Repealed. (XXI) The harm reduction grant program created in section 25-20.5-1101. (XXII) Repealed. 1, 2025. (25) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2024: (I) to (VI) Repealed. (VII) The evidential breath-testing cash fund created in section 42-4-1301.1 (9); (VIII) to (XII) Repealed. (XIII) (Deleted by amendment, L. 2024). (XIV) to (XX) Repealed. (XXI) The harm reduction grant program created in section 25-20.5-1101. (XXII) Repealed. (b) This subsection (25) is repealed, effective September 1, 2026. (26) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2025: (I) The Colorado dental board created in article 220 of title 12; (II) The accreditation of health-care providers under the workers' compensation system in accordance with section 8-42-101 (3.5) and (3.6), C.R.S.; (III) The regulation of outfitters by the director of the division of professions and occupations in accordance with article 145 of title 12; (IV) The rural alcohol and substance abuse prevention and treatment program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services; (V) The identity theft and financial fraud board created in part 17 of article 33.5 of this title; (VI) The Colorado fraud investigators unit created in part 17 of article 33.5 of this title; (VII) The functions of the department of public health and environment regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25, C.R.S.; (VIII) The primary care payment reform collaborative established in section 10-16-150; (IX) The HOA information and resource center created in section 12-10-801; (X) Reserved. (XI) The licensing and regulation of persons by the department of agriculture in accordance with article 36 of title 35; (XII) The motorcycle operator safety training program created in part 5 of article 5 of title 43. (XIII) Repealed. (b) This subsection (26) is repealed, effective September 1, 2027. (27) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2026: (I) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12; (II) The division of securities created in section 11-51-701, C.R.S.; (III) The securities board created in section 11-51-702.5, C.R.S.; (IV) The registration and regulation of vessels by the department of natural resources in accordance with article 13 of title 33, C.R.S.; (V) The office of combative sports, including the Colorado combative sports commission, created in article 110 of title 12; (VI) The division of real estate, including the real estate commission, created in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12; (VII) The regulation of professional cash-bail agents and cash-bonding agents in accordance with article 23 of title 10; (VIII) The Colorado podiatry board created in article 290 of title 12; (IX) The biomass utilization grant program implemented by the state forest service pursuant to section 23-31-317; (X) The cold case task force created in section 24-33.5-109; (XI) The record-keeping, licensing, and central registry functions of the behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27; (XII) The licensing of pet animal facilities by the commissioner of agriculture in accordance with article 80 of title 35; gistry functions of the behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27; (XII) The licensing of pet animal facilities by the commissioner of agriculture in accordance with article 80 of title 35; (XIII) The fire suppression programs of the division of fire prevention and control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6; (XIV) The Colorado medical board created in article 240 of title 12; (XV) The regulation of dialysis treatment clinics and hemodialysis technicians in accordance with section 25-1.5-108; (XVI) The Colorado public utilities commission created in article 2 of title 40; (XVII) The legal requirements pertaining to home warranty service contracts under part 9 of article 10 of title 12. (XVIII) and (XIX) Repealed. (b) This subsection (27) is repealed, effective September 1, 2028. (28) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2027: (I) The regulation of motor vehicle and powersports vehicle sales by the motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44; (II) The Colorado civil rights division, including the Colorado civil rights commission, created in part 3 of this article 34; (III) The state board of nursing created in article 255 of title 12; (IV) The state board of nursing created in article 255 of title 12 and the functions of the board, including the functions related to the certification of nurse aides; (V) The regulation of radon professionals licensed in accordance with article 165 of title 12; (VI) The justice reinvestment crime prevention initiative created in section 24-32-120; (VII) The use of digital number plates by the owner of a registered vehicle pursuant to section 42-3-201 (8); (VIII) The domestic violence offender management board created in section 16-11.8-103; (IX) The certification of persons in connection with the control of asbestos in accordance with part 5 of article 7 of title 25; (X) The wildfire mitigation incentives for local government grant program created in section 23-31-318 (2). (b) This subsection (28) is repealed, effective September 1, 2029. (29) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2028: (I) The licensing of landscape architects in accordance with article 130 of title 12; (II) The administration of the "Colorado Fair Debt Collection Practices Act" by the administrator of the "Uniform Consumer Credit Code", articles 1 to 9 of title 5, in accordance with article 16 of title 5; (III) The issuance of licenses and certificates related to measurement standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35; (IV) The functions of the underground damage prevention safety commission related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8; (V) The functions of the commissioner of agriculture related to seed potatoes under article 27.3 of title 35; (VI) In-home support services established in part 12 of article 6 of title 25.5; (VII) The licensing of river outfitters through the parks and wildlife commission and the division of parks and wildlife in accordance with article 32 of title 33; (VIII) The functions of the department of public health and environment relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25; (IX) The medical marijuana program created in section 25-1.5-106; the parks and wildlife commission and the division of parks and wildlife in accordance with article 32 of title 33; (VIII) The functions of the department of public health and environment relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25; (IX) The medical marijuana program created in section 25-1.5-106; (X) and (XI) Repealed. (XII) The "Colorado Marijuana Code", article 10 of title 44; (XIII) The administration of the "Michael Skolnik Medical Transparency Act of 2010" by the director of the division of professions and occupations in accordance with section 12-30-102; (XIV) The registration of surgical assistants and surgical technologists pursuant to article 310 of title 12; (XV) The registration of direct-entry midwives by the division of professions and occupations in accordance with article 225 of title 12; (XVI) Notwithstanding subsection (7)(a) of this section, the office of the utility consumer advocate and the utility consumers' board created in article 6.5 of title 40; (XVII) The community crime victims grant program created in section 25-20.5-801; (XVIII) The grant program to provide funding to eligible community-based organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7); (XIX) The regulation of nursing home administrators by the board of examiners of nursing home administrators in accordance with article 265 of title 12; (XX) The sex offender management board created in section 16-11.7-103. (b) This subsection (29) is repealed, effective September 1, 2030. (30) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2029: (I) The automobile theft prevention authority and the automobile theft prevention board created in section 42-5-112; (II) The licensing of mortgage loan originators and the registration of mortgage companies in accordance with part 7 of article 10 of title 12; (III) The regulation of persons working in coal mines by the department of natural resources through the coal mine board of examiners in accordance with article 22 of title 34; (IV) The Colorado state board of chiropractic examiners created in article 215 of title 12; (V) The registration of naturopathic doctors in accordance with article 250 of title 12; (VI) Notwithstanding subsection (7)(a) of this section, the functions of the boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12; (VII) The regulation of preneed funeral contracts in accordance with article 15 of title 10; (VIII) The direct care workforce stabilization board created in article 7.5 of title 8; (IX) The assistance program for disability benefits under article 88 of title 8; (X) The functions of the director of the division of professions and occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304. article 7.5 of title 8; (IX) The assistance program for disability benefits under article 88 of title 8; (X) The functions of the director of the division of professions and occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304. (b) This subsection (30) is repealed, effective September 1, 2031. (31) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2030: (I) The functions of the division of insurance in the department of regulatory agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts; (II) The state board of accountancy created in article 100 of title 12; (III) The passenger tramway safety board created in section 12-150-104; (IV) The functions of professional review committees specified in article 30 of title 12; (V) The licensing of occupational therapists and occupational therapy assistants in accordance with article 270 of title 12; (VI) The state board of pharmacy and the regulation of the practice of pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12; (VII) The functions of the circular economy development center created in section 25-17-602; (VIII) Human trafficking prevention training pursuant to section 24-33.5-523; (IX) The veterans one-stop center, known as the "western region one source", established pursuant to section 28-5-713; (X) The Colorado produced water consortium created in section 34-60-135 (2)(a); (XI) The functions of the banking board and the state bank commissioner related to money transmitters specified in article 110 of title 11; (XII) The functions of the broadband office in administering the broadband deployment grant program created in section 24-37.5-905; (XIII) The regulation of towing carriers by the public utilities commission under part 4 of article 10.1 of title 40. (b) This subsection (31) is repealed, effective September 1, 2032. (32) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031: (I) The registration functions of the commissioner of agriculture specified in article 27 of title 35; (II) The licensing of egg dealers in accordance with article 21 of title 35; (III) The water and wastewater facility operators certification board created in section 25-9-103; (IV) The licensing of hearing aid providers by the division of professions and occupations in accordance with article 230 of title 12; (V) The licensing of audiologists by the division of professions and occupations in accordance with article 210 of title 12; (VI) The regulation of athletic trainers by the director of the division of professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12; (VII) The licensure of massage therapists by the director of the division of professions and occupations in accordance with article 235 of title 12; (VIII) The board of real estate appraisers created in part 6 of article 10 of title 12; (IX) The regulation of conveyances and conveyance mechanics, contractors, and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9; (X) The Colorado prescription drug affordability review board created in section 10-16-1402; (XI) The rule-making function of the executive director of the department of early childhood pursuant to section 26.5-1-105 (1); (XII) The Colorado commission for the deaf, hard of hearing, and deafblind created in article 21 of title 26; (XIII) The regulation of mortuary science professionals pursuant to parts 1, 4, and 5 to 9 of article 135 of title 12; ew board created in section 10-16-1402; (XI) The rule-making function of the executive director of the department of early childhood pursuant to section 26.5-1-105 (1); (XII) The Colorado commission for the deaf, hard of hearing, and deafblind created in article 21 of title 26; (XIII) The regulation of mortuary science professionals pursuant to parts 1, 4, and 5 to 9 of article 135 of title 12; (XIV) The veterans assistance grant program created in section 28-5-712; (XV) The licensing of bingo and other games of chance through the secretary of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24. (b) This subsection (32) is repealed, effective September 1, 2033. (33) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2032: (I) The state electrical board created in article 23 of title 12; (II) The workers' compensation classification appeals board created in article 55 of title 8; (III) The responsible gaming grant program created in section 44-30-1702; (IV) The regulation of the custom processing of meat animals by the department of agriculture in accordance with article 33 of title 35; (V) The division of racing events, including the Colorado racing commission, created in article 32 of title 44; (VI) The appointment of notaries public through the secretary of state in accordance with part 5 of article 21 of this title 24; (VII) The "Natural Medicine Health Act of 2022", article 170 of title 12; (VIII) The "Colorado Natural Medicine Code", article 50 of title 44; (IX) The state plumbing board created in article 155 of title 12. (b) This subsection (33) is repealed, effective September 1, 2034. (34) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2033: (I) The issuance of permits for specific weather modification operations through the executive director of the department of natural resources in accordance with article 20 of title 36; (II) The authority of the director of the division of workers' compensation to impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance; (III) The regulation of speech-language pathologists by the director of the division of professions and occupations in accordance with article 305 of title 12; (IV) The licensing of persons who practice acupuncture by the director of the division of professions and occupations in accordance with article 200 of title 12; (V) The state board of veterinary medicine created in article 315 of title 12; (VI) The state board of optometry created in article 275 of title 12; (VII) The division of gaming created in part 2 of article 30 of title 44; (VIII) The closed landfill remediation grant program and the closed landfill remediation grant program advisory committee created in section 30-20-124; (IX) The regulation of nontransplant tissue banks by the director of the division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103; (X) The state board of licensure for architects, professional engineers, and professional land surveyors in the department of regulatory agencies created in section 12-120-103; (XI) The division of financial services created in article 44 of title 11; (XII) The division of banking and the banking board created in article 102 of title 11; (XIII) The behavioral health first aid training program created in section 25-1.5-113.5. e for architects, professional engineers, and professional land surveyors in the department of regulatory agencies created in section 12-120-103; (XI) The division of financial services created in article 44 of title 11; (XII) The division of banking and the banking board created in article 102 of title 11; (XIII) The behavioral health first aid training program created in section 25-1.5-113.5. (b) This subsection (34) is repealed, effective September 1, 2035. (35) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2034: (I) The regulation of produce safety on farms by the commissioner of agriculture in accordance with article 77 of title 35; (II) The licensing and regulation of psychiatric technicians by the state board of nursing in accordance with article 295 of title 12; (III) The licensing of public livestock markets in accordance with article 55 of title 35; (IV) The air quality enterprise created by section 25-7-103.5; (V) The regulation of the application of pesticides by the commissioner of agriculture in accordance with article 10 of title 35. (b) This subsection (35) is repealed, effective September 1, 2036. (36) (a) The following agencies, functions, or both are scheduled for repeal on September 1, 2035: (I) The licensing and regulation of respiratory therapists by the division of professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12; (II) The functions specified in part 2 of article 19 of title 5 of the administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers; (III) The regulation of private occupational schools and their agents under article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107; (IV) The licensing of physical therapists by the physical therapy board in accordance with part 1 of article 285 of title 12; (V) The certification of physical therapist assistants by the physical therapy board in accordance with part 2 of article 285 of title 12; (VI) The underfunded courthouse facility cash fund commission created in part 3 of article 1 of title 13. (b) This subsection (36) is repealed, effective September 1, 2037. (37) (Reserved). (38) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2037: (I) The Colorado resiliency office created in section 24-32-121 and the functions of the office described in section 24-32-122. (b) This subsection (38) is repealed, effective September 1, 2039.

C.R.S. § 24-34-104.1 General assembly sunrise review of new regulation of occupations and professions - definition

24-34-104.1. General assembly sunrise review of new regulation of occupations and professions - definition. (1) The general assembly finds that regulation should be imposed on an occupation or profession only when necessary for the protection of the public interest. The general assembly further finds that establishing a system for reviewing the necessity of regulating an occupation or profession prior to enacting laws for such regulation will better enable it to evaluate the need for the regulation and to determine the least restrictive regulatory alternative consistent with the public interest. (2) (a) For proposals submitted on or after July 1, 2022, any professional or occupational group or organization, any individual, or any other interested party that proposes the regulation of any unregulated professional or occupational group shall submit the following information to the department: (I) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in this state, and an estimate of the number of practitioners in each group; (II) A definition of the problem or problems to be solved by regulation and the reasons why regulation is necessary; (III) and (IV) Repealed. (V) The benefit to the public that would result from the proposed regulation; (VI) The cost of the proposed regulation; and (VII) A description of any anticipated disqualifications on an applicant for licensure, certification, relicensure, or recertification based on criminal history and how the disqualifications serve public safety or commercial or consumer protection interests. (b) Repealed. (3) (a) (I) Except as provided in subsection (3)(b) or (3)(c) of this section, the department shall conduct an analysis and evaluation of any proposed regulation. The analysis and evaluation must be based upon the criteria listed in subsection (4)(b) of this section. (II) Repealed. (III) For a proposed regulation submitted on or after July 1, 2022, the department shall submit a report to the proponents of the regulation and to the general assembly no later than: (A) June 30 of the year following the year in which the proposed regulation was submitted, for a proposed regulation submitted on or after July 1 and on or before December 31; and (B) December 31 of the same year in which the proposed regulation was submitted, for a proposed regulation submitted on or after January 1 and on or before June 30. (b) (I) After review of a proposal to regulate a professional or occupational group that was submitted on or after July 1, 2022, the department may decline to conduct an analysis and evaluation of the proposed regulation only if: (A) The department previously conducted an analysis and evaluation of the proposed regulation of the same professional or occupational group, issued a report not more than thirty-six months prior to the submission of the current proposal to regulate the same professional or occupational group, and finds that no new information has been submitted that would cause the department to alter or modify the recommendations made in its earlier report on the proposed regulation of the professional or occupational group; (B) The proposed regulation appears to regulate fewer than two hundred fifty individuals; or (C) The department determines that at least thirty-three other states license, certify, or require registration of members of the same professional or occupational group. (II) (A) If the department declines to conduct an analysis and evaluation pursuant to subsection (3)(b)(I)(A) of this section, the department shall reissue its earlier report on the proposed regulation to the proponents of the regulation and the general assembly. at least thirty-three other states license, certify, or require registration of members of the same professional or occupational group. (II) (A) If the department declines to conduct an analysis and evaluation pursuant to subsection (3)(b)(I)(A) of this section, the department shall reissue its earlier report on the proposed regulation to the proponents of the regulation and the general assembly. (B) If the department declines to conduct the analysis and evaluation pursuant to subsection (3)(b)(I)(B) or (3)(b)(I)(C) of this section, the department shall notify the proponents of the regulation and the general assembly that it is declining to conduct the analysis and evaluation and the reason for so declining. (III) Repealed. (IV) For a proposed regulation submitted on or after July 1, 2022, the department shall reissue its earlier report or issue the notice no later than: (A) June 30 of the year following the year in which the proposed regulation was submitted, for a proposed regulation submitted on or after July 1 and on or before December 31; or (B) December 31 of the same year in which the proposed regulation was submitted, for a proposed regulation submitted on or after January 1 and before June 30. (c) If the department receives a proposal to regulate a professional or occupational group indicating, based on documentation verified by the department, that the unregulated professional or occupational group poses an imminent threat to public health, safety, or welfare, the department shall promptly notify the proponents of the proposed regulation and the legislative council of the general assembly of the imminent threat and shall submit to the legislative council the documentation on which it bases its finding of imminent threat. Within thirty days after receipt of the notice and documentation from the department, the legislative council shall conduct a hearing to examine the documentation and determine whether it concurs with the department's finding that an imminent threat exists. In conducting its examination, the legislative council shall consider whether regulation of the professional or occupational group without first obtaining an analysis and evaluation pursuant to paragraph (a) of this subsection (3) will substantially alter the impact on public health, safety, or welfare. The department may forego the analysis and evaluation only if the legislative council notifies the department that the legislative council concurs with the department's finding of imminent threat to public health, safety, and welfare. (4) (a) (Deleted by amendment, L. 96, p. 796, § 7, effective May 23, 1996.) (b) The determination as to whether such regulation of an occupation or a profession is needed shall be based upon the following considerations: (I) Whether the unregulated practice of the occupation or profession clearly harms or endangers the health, safety, or welfare of the public; (I.5) Whether the practitioners of the profession or occupation exercise independent judgment, and whether the public can reasonably be expected to benefit from the direct regulation of the profession or occupation if a practitioner's judgment or practice is limited or subject to the judgment or supervision of others. (II) Whether the public needs, and can reasonably be expected to benefit from, an assurance of initial and continuing professional or occupational competence; (III) Whether the public can be adequately protected by other means in a more cost-effective manner; and (IV) Whether the imposition of any disqualifications on applicants for licensure, certification, relicensure, or recertification based on criminal history serves public safety or commercial or consumer protection interests. ce of initial and continuing professional or occupational competence; (III) Whether the public can be adequately protected by other means in a more cost-effective manner; and (IV) Whether the imposition of any disqualifications on applicants for licensure, certification, relicensure, or recertification based on criminal history serves public safety or commercial or consumer protection interests. (c) (Deleted by amendment, L. 96, p. 796, § 7, effective May 23, 1996.) (5) Repealed. (6) (a) Except as provided in paragraph (b) of this subsection (6), the supporters of regulation of a professional or occupational group may request members of the general assembly to present appropriate legislation to the general assembly during each of the two regular sessions that immediately succeed the date of the report required pursuant to subsection (3) of this section without the supporters having to comply again with the provisions of subsections (2), (3), and (4) of this section. Bills introduced pursuant to this subsection (6) shall count against the number of bills to which members of the general assembly are limited by any joint rule of the senate and the house of representatives. (b) If, pursuant to paragraph (b) or (c) of subsection (3) of this section, the department of regulatory agencies declines to conduct an analysis and evaluation of the proposed regulation of a professional or occupational group and reissues a prior report on the proposed regulation of the same professional or occupational group or finds that the unregulated professional or occupational group poses an imminent threat to public health, safety, or welfare, as confirmed by the legislative council of the general assembly, the supporters of the regulation of the professional or occupational group may request that members of the general assembly present appropriate legislation to the general assembly during each of the next two regular sessions that begin after the date the department reissues its original report on the proposed regulation or the date on which the legislative council notifies the department that it concurs in a finding of imminent threat pursuant to paragraph (c) of subsection (3) of this section, whichever is applicable. (7) This section is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of this section shall remain in effect until changed by the general assembly acting by bill. (8) As used in this section, "department" means the department of regulatory agencies.

C.R.S. § 24-34-104.3 General assembly review of reprocessing fee - motor vehicle registration

24-34-104.3. General assembly review of reprocessing fee - motor vehicle registration. (Repealed)

C.R.S. § 24-34-104.5 Cost of reports - charges

24-34-104.5. Cost of reports - charges. The reasonable cost to perform sunset reviews of programs not within the department of regulatory agencies shall be charged to the departments in which such programs are located.

C.R.S. § 24-34-105 Fee adjustments - division of professions and occupations cash fund created - legal defense account

24-34-105. Fee adjustments - division of professions and occupations cash fund created - legal defense account. (Repealed)

C.R.S. § 24-34-106 Professions and occupations - alternative to existing disciplinary actions

24-34-106. Professions and occupations - alternative to existing disciplinary actions. If, as a result of a proceeding held pursuant to article 4 of this title, it is determined that a person licensed, registered, or certified to practice a profession or occupation pursuant to article 2 of title 10 or title 12, C.R.S., has acted in such a manner as to be subject to disciplinary action, the licensing board, commission, or other agency of the state may, in lieu of or in addition to other forms of disciplinary action that may be authorized by law, require a licensee, registrant, or certificate holder to take courses of training or education relating to his profession or occupation. The licensing board, commission, or other agency of the state shall determine the conditions, on a case-by-case basis, which shall be imposed on such licensee, registrant, or certificate holder including, but not limited to, the type of and number of hours of training or education. All training or education courses are subject to approval by the board, commission, or agency, and the licensee, registrant, or certificate holder shall be required to furnish satisfactory proof that he has successfully completed such courses. Any training or education required by this section shall be in addition to the mandatory continuing education requirements for the profession or occupation, if any.

C.R.S. § 24-34-107 Applications for licenses - authority to suspend licenses - rules

24-34-107. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued pursuant to the authority set forth in titles 10, 11, and 12 by any division, board, or agency of the department of regulatory agencies requires the applicant's name, address, and social security number. If the applicant does not have a social security number, the division, board, or agency shall require the applicant's individual taxpayer identification number, or another document verifying the applicant's identity, as determined by such division, board, or agency. (2) The divisions, boards, or agencies of the department of regulatory agencies shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if such division, board, or agency receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of any such division, board, or agency of the department of regulatory agencies, rules promulgated by the state board of human services, and any memorandum of understanding entered into between any division, board, or agency of the department of regulatory agencies and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S. (3) (a) The divisions, boards, and agencies of the department of regulatory agencies may enter into a memorandum of understanding with the state child support enforcement agency to facilitate implementation of this section and section 26-13-126, C.R.S., through the rules promulgated pursuant to subsection (2) of this section. (b) The divisions, boards, and agencies of the department of regulatory agencies are authorized to promulgate rules to implement the provisions of this section. (4) For purposes of this section, "license" means any registration, certificate, charter, or membership issued by any division, board, or agency of the department of regulatory agencies for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. (5) (a) When any division, board, or agency of the department of regulatory agencies determines that an individual applying for a license has been convicted of a crime prior to the application being submitted, it may, subject to the provisions of section 24-5-101, issue a conditional license to that individual. (b) The individual may request that the conditional designation or any related adverse action be removed a year after the issuance of the conditional license or when the individual applies for renewal of the license, whichever is later: (I) If the individual remains free of any subsequent criminal conviction or licensing sanction after the conditional license is issued; and (II) If the individual is no longer serving any term of probation or parole imposed for the criminal conviction. (c) The division, board, or agency shall grant the request unless it determines that, under the provisions of section 24-5-101, the conditional designation remains necessary. (d) If the division, board, or agency removes the conditional designation, it shall make the original conditional designation confidential and remove from the individual's professional history any reference to crimes committed before the application for licensure was submitted, unless the removal or designation as confidential violates any federal reporting law.

C.R.S. § 24-34-108 Consumer outreach and education program - creation - cash fund - fine surcharge

24-34-108. Consumer outreach and education program - creation - cash fund - fine surcharge. (1) The executive director of the department of regulatory agencies shall develop and implement a consumer outreach and education program, referred to in this section as the "program", for the purposes of informing consumers of their rights regarding regulated professions and occupations, decreasing regulatory violations, and ensuring public awareness of consumer protection information available from the department. (2) There is hereby created within the state treasury the consumer outreach and education cash fund for the purpose of developing, implementing, and maintaining the program. The fund shall consist of any surcharges that may be imposed by the executive director of the department of regulatory agencies within the department of regulatory agencies, including fines collected pursuant to titles 10, 11, 12, 40, and 42, C.R.S. The amount of each surcharge shall not exceed fifteen percent of the fine collected. The surcharges shall be adjusted as necessary so that surcharge revenues collected do not exceed two hundred thousand dollars annually. All moneys collected shall be transmitted to the state treasurer who shall credit such moneys to the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the program. Moneys in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Moneys credited to the fund shall not be transferred to the general fund or any other fund; except that any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year that exceed ten percent of the fund's expenditures in that fiscal year shall be transferred to the general fund or another fund. (3) On or before November 1 of each year, the executive director of the department of regulatory agencies shall provide a report to the joint budget committee of the general assembly that includes the amount of revenue collected from the surcharge in accordance with subsection (2) of this section for the previous fiscal year, a description of how the moneys were spent in the previous fiscal year, and a plan for how the moneys will be spent in the current fiscal year.

C.R.S. § 24-34-109 Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal

24-34-109. Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal. (Repealed)

C.R.S. § 24-34-110 Medical transparency act of 2010 - disclosure of information about health care licensees - fines - rules - short title - legislative declaration - repeal

24-34-110. Medical transparency act of 2010 - disclosure of information about health care licensees - fines - rules - short title - legislative declaration - repeal. (Repealed)

C.R.S. § 24-34-110.5 Health care work force data collection - repeal

24-34-110.5. Health care work force data collection - repeal. (Repealed)

C.R.S. § 24-34-111 Posting summary transparency reports required by federal law

24-34-111. Posting summary transparency reports required by federal law. Upon receipt by the state from the secretary of the United States department of health and human services, the department of regulatory agencies shall post on its website the report required by section 6002 of the federal "Patient Protection and Affordable Care Act", H.R. 3590, Pub.L. 111-148, containing a summary of information submitted by manufacturers and group purchasing organizations to the secretary pursuant to said law. The department shall post the report by September 30, 2013, and by June 30 of each calendar year thereafter, or as soon as possible after the state receives the report from the secretary, whichever occurs first.

C.R.S. § 24-34-112 Health care prescriber boards - disciplinary procedures - definitions

24-34-112. Health care prescriber boards - disciplinary procedures - definitions. (Repealed)

C.R.S. § 24-34-301 Definitions

24-34-301. Definitions. As used in parts 3 to 10 of this article 34, unless the context otherwise requires: (1) "Age" means a chronological age of at least forty years. (2) "Agency" or "state agency" means any board, bureau, commission, department, institution, division, section, or officer of the state. (3) "Basic access" or "basic accessibility" constitute public safety issues and mean the general practice of making information, activities, and environments sensible, meaningful, usable, and safe for as many people as possible. (4) "Commission" means the Colorado civil rights commission created in section 24-34-303. (5) "Commissioner" means a member of the Colorado civil rights commission. (6) "Director" means the director of the Colorado civil rights division created in section 24-34-302. (7) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations. (8) "Division" means the Colorado civil rights division, created in section 24-34-302. (9) "Gender expression" means an individual's way of reflecting and expressing the individual's gender to the outside world, typically demonstrated through appearance, dress, and behavior. (10) "Gender identity" means an individual's innate sense of the individual's own gender, which may or may not correspond with the individual's sex assigned at birth. (11) "Housing" means a building, structure, vacant land, or part thereof offered for sale, lease, rent, or transfer of ownership; except that "housing" does not include any room offered for rent or lease in a single-family dwelling maintained and occupied in part by the owner or lessee of the dwelling as the owner's or lessee's household. (12) "Housing accommodations" means any real property or portion thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons but does not include any single family residence, the occupants of which rent, lease, or furnish for compensation not more than one room in that residence. (13) "Individual with a disability" means an individual with a disability or disabilities. (14) "Marital status" means a relationship or a spousal status of an individual, including, but not limited to, being single, cohabitating, engaged, widowed, married, in a civil union, or legally separated, or a relationship or a spousal status of an individual who has had or is in the process of having a marriage or civil union dissolved or declared invalid. (15) (a) "Person" means one or more individuals, limited liability companies, partnerships, associations, corporations, legal representatives, trustees, receivers, or the state of Colorado and all of its political subdivisions and agencies. (b) For the purposes of part 5 of this article 34, "person" does not include any private club not open to the public that, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, unless the club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry. (16) "Place of public accommodation" or "public accommodation" has the same meaning as set forth in Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12181 (7), and its related amendments and implementing regulations. (17) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps. (18) "Public entity" means: (a) Any state or local government; or as the same meaning as set forth in Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12181 (7), and its related amendments and implementing regulations. (17) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps. (18) "Public entity" means: (a) Any state or local government; or (b) Any department, agency, special district, or other instrumentality of a state or local government. (19) "Public transportation service" means a common carrier of passengers or any other means of public conveyance or modes of transportation, including, but not limited to, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or taxis. (20) "Qualified individual with a disability" or "individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131, and its related amendments and implementing regulations. (21) "Race" includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race. (22) "Respondent" means any person, agency, organization, or other entity against whom a charge is filed pursuant to any of the provisions of parts 3 to 8 of this article 34. (23) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq. (24) "Sexual orientation" means an individual's identity, or another individual's perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction. (25) "Trainer of a service animal" means a person who individually trains a service animal.

C.R.S. § 24-34-302 Civil rights division - director - powers and duties

24-34-302. Civil rights division - director - powers and duties. (1) There is created in the department of regulatory agencies a division of state government designated as the Colorado civil rights division, the head of which is the director of the Colorado civil rights division. The director is appointed by the executive director of the department of regulatory agencies pursuant to section 13 of article XII of the state constitution, and the executive director shall give good faith consideration to the recommendations of the commission prior to making the appointment. The Colorado civil rights division and the director of the Colorado civil rights division are type 1 entities, as defined in section 24-1-105. (2) The director shall appoint such investigators and other personnel as may be necessary to carry out the functions and duties of the division. The director and the staff of the division shall receive, investigate, and make determinations on charges alleging unfair or discriminatory practices in violation of parts 4 to 7 of this article.

C.R.S. § 24-34-303 Civil rights commission - membership

24-34-303. Civil rights commission - membership. (1) (a) There is created in the division the Colorado civil rights commission. The commission is a type 1 entity, as defined in section 24-1-105. (b) (I) The commission consists of seven members appointed by the governor, with the consent of the senate as specified in subsection (1)(b)(IV) of this section, for terms of four years. The governor shall make appointments in such a manner that there are at all times: (A) Two members of the commission representing the business community, at least one of whom represents small business; except that, upon the expiration of the terms of the members appointed pursuant to this subsection (1)(b)(I)(A) before July 1, 2018, or upon a vacancy in either position, whichever occurs first, one member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority owner of a small business that employs at least five but less than fifty employees and the other member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority owner of a business that employs more than fifty employees, and thereafter the composition of the commission must continue to reflect this change; (B) Two members of the commission representing state or local government entities; except that, upon the expiration of the terms of office of the members of the commission appointed pursuant to this subsection (1)(b)(I)(B) before July 1, 2018, or upon a vacancy in either position, whichever occurs first, the governor shall appoint to those positions one member representing a statewide chamber of commerce or other statewide organization representing business and industry and one member from or representing employee associations that represent workers in Colorado, and thereafter the composition of the commission must continue to reflect this change; and (C) Three members of the commission from the community at large; except that, upon the expiration of the term of office of two members appointed pursuant to this subsection (1)(b)(I)(C) before July 1, 2018, or upon a vacancy in a position under this subsection (1)(b)(I)(C), whichever occurs first, the governor shall appoint two members from or representing employee associations that represent workers in Colorado, and thereafter the composition of the commission must continue to reflect this change. (II) In addition to the qualifications specified in subsection (1)(b)(I) of this section, the membership of the commission must at all times include: (A) At least four members who are members of groups of people who have been or who might be discriminated against because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, marital status, religion, or age; and (B) No more than six members affiliated with a major political party and no more than three members affiliated with the same political party. A member must have been registered with the same political party or registered as unaffiliated for at least two years immediately preceding the member's appointment to the commission. (III) The governor shall make appointments to provide geographical area representation insofar as may be practicable. a major political party and no more than three members affiliated with the same political party. A member must have been registered with the same political party or registered as unaffiliated for at least two years immediately preceding the member's appointment to the commission. (III) The governor shall make appointments to provide geographical area representation insofar as may be practicable. (IV) Notwithstanding any other provision of law, if, in accordance with section 6 of article IV of the state constitution, the governor nominates an individual for appointment to the commission and the senate rejects the nomination, the rejected individual is deemed ineligible to hold the office for two years. During that two-year period, the governor shall not nominate the rejected individual and, if the senate is not in session, shall not appoint the rejected individual to temporarily discharge the duties of the commission. For purposes of this subsection (1)(b)(IV), rejection by the senate of the nomination of an individual for appointment to the commission does not preclude the governor from nominating the rejected individual for another opening on the commission that occurs after an individual other than the rejected individual has filled the immediate opening on the commission. (2) The governor shall fill vacancies on the commission by appointment, with the consent of the senate in accordance with subsection (1)(b)(IV) of this section, and the term of a commissioner appointed to fill a vacancy is for the unexpired part of the term for which the commissioner is appointed. (3) Any commissioner may be removed from office by the governor for misconduct, incompetence, or neglect of duty. (4) Commissioners shall receive a per diem allowance and shall be reimbursed for actual and necessary expenses incurred by them while on official commission business, as provided in section 12-20-103 (6). (5) The commission may adopt, amend, or rescind rules for governing its meetings. Four commissioners shall constitute a quorum for purposes of conducting the business of the commission.

C.R.S. § 24-34-304 Division and commission subject to termination - repeal of part

24-34-304. Division and commission subject to termination - repeal of part. (1) The provisions of section 24-34-104, concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the division and the commission created by this part 3. (2) This part 3 is repealed, effective September 1, 2027. Before its repeal, the functions of the division and commission are scheduled for review in accordance with section 24-34-104.

C.R.S. § 24-34-305 Powers and duties of commission

24-34-305. Powers and duties of commission. (1) The commission has the following powers and duties: (a) To adopt, publish, amend, and rescind rules, in accordance with the provisions of section 24-4-103, that are consistent with and for the implementation of parts 3 to 7 of this article. All rules adopted or amended are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b). (b) Repealed. (c) (I) To investigate and study the existence, character, causes, and extent of unfair or discriminatory practices as defined in parts 4 to 7 of this article and to formulate plans for the elimination of those practices by educational or other means. (II) (A) In furtherance of its educational efforts to reduce instances of discriminatory or unfair employment practices, the commission shall create a volunteer working group representing both employer and employee interests, including human resource professionals, to assist in education and outreach efforts to foster understanding of and compliance with part 4 of this article. The commission may accept and expend gifts, grants, and donations to assist in its duties pursuant to this subparagraph (II). (B) The commission shall create the volunteer working group by September 1, 2013. The working group shall develop and submit to the commission, by January 1, 2014, an education and outreach plan for the commission to implement for purposes of educating employers and providing outreach regarding part 4 of the article. (C) In addition to the outreach plan required by sub-subparagraph (B) of this subparagraph (II), the working group shall compile and provide to the commission information on educational resources available to employers regarding the requirements of and compliance with part 4 of this article, including resources for employers on prevention of discriminatory employment practices. The commission shall post the information on its website and shall make the information available in an electronic format to all state departments and agencies that interact with private businesses in the state, including the departments of labor and employment, regulatory agencies, revenue, and state and the governor's office of economic development. Those departments and agencies, within existing resources, shall post the information provided by the commission, or links to that information, on their websites. (d) (I) To hold hearings upon any complaint issued against a respondent pursuant to section 24-34-306; to subpoena witnesses and compel their attendance; to administer oaths and take the testimony of any person under oath; and to compel such respondent to produce for examination any books and papers relating to any matter involved in such complaint. Such hearings may be held by the commission itself, or by any commissioner, or by any administrative law judge appointed by the commission pursuant to part 10 of article 30 of this title, subject to appropriations for such administrative law judges made to the department of personnel; except that, if no administrative law judge is made available within the time limitations set forth in section 24-34-306 (11), the governor shall appoint an administrative law judge at the request of the commission, and such administrative law judge shall be paid out of moneys appropriated to the division. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a subpoena in the premises, and the court shall in a proper case issue its subpoena. Refusal to obey such subpoena shall be punishable as contempt. such administrative law judge shall be paid out of moneys appropriated to the division. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a subpoena in the premises, and the court shall in a proper case issue its subpoena. Refusal to obey such subpoena shall be punishable as contempt. (II) No person may be excused from attending and testifying or from producing records, correspondence, documents, or other evidence in obedience to a subpoena in any such matter on the ground that the evidence or the testimony required of him may tend to incriminate him or subject him to any penalty or forfeiture. However, no testimony or other information compelled under order from the commission, or other information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except a prosecution and punishment for perjury or false statement committed in so testifying. (e) To issue such publications and reports of investigations and research as in its judgment will tend to promote goodwill among the various racial, religious, age, and ethnic groups of the state and which will tend to minimize or eliminate discriminatory or unfair practices as specified by parts 3 to 7 of this article. Publications of the commission circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. (f) To prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the commission; (g) To recommend policies to the governor and to submit recommendations to persons, agencies, organizations, and other entities in the private sector to effectuate such policies; (h) To make recommendations to the general assembly for such further legislation concerning discrimination as it may deem necessary and desirable; (i) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of parts 3 to 7 of this article, in the planning and conducting of educational programs designed to eliminate racial, religious, cultural, age, and intergroup tensions; (i.5) To intervene in racial, religious, cultural, age, and intergroup tensions or conflicts for the purpose of informal mediation using alternative dispute resolution techniques. Such intervention may be made in cooperation with other agencies or organizations, both public and private, whose purposes are consistent with those of parts 3 to 7 of this article. (j) To adopt an official seal; ions; (i.5) To intervene in racial, religious, cultural, age, and intergroup tensions or conflicts for the purpose of informal mediation using alternative dispute resolution techniques. Such intervention may be made in cooperation with other agencies or organizations, both public and private, whose purposes are consistent with those of parts 3 to 7 of this article. (j) To adopt an official seal; (k) (I) To receive reports from people alleging mistreatment in the context of maternity care, including care that is not organized for, and provided to, a person who is pregnant or in the postpartum period as defined in section 12-225-103, in a manner that is culturally congruent; that fails to maintain the person's dignity, privacy, and confidentiality; that fails to ensure freedom from harm and mistreatment; and that fails to enable informed choices and continuous support. (II) Reports shall be collected in a way to ensure that: (A) Confidential information can be de-identified; (B) Individuals can identify mistreatment they experienced based on the following mistreatment index categories: Physical abuse, sexual abuse, verbal abuse, stigma and discrimination, failure to meet professional standards of care, or poor rapport between patients or clients and providers; poor conditions and constraints presented by the health-care system; and obstetric racism; (C) Numbers of reports based on typology can be generated and shared with the public and other agencies; (D) An individual may identify any protected class the individual may be part of and that may have factored into the individual's mistreatment; (E) An individual may indicate what might have been done differently to improve the individual's situation; (F) An individual may enter narrative information in the individual's own words; and (G) An individual may voluntarily share the individual's contact information and indicate whether the individual consents to being contacted by the department of regulatory agencies or the department of public health and environment. (III) The commission shall generate de-identified composite information based on reports submitted pursuant to this subsection (1)(k). Notwithstanding section 24-1-136 (11)(a)(I), no later than July 1, 2025, and no later than July 1 every three years thereafter, the commission shall share the generated de-identified composite information with: (A) The Colorado maternal mortality review committee created in section 25-52-104 (1); (B) The house of representatives health and human services committee and the senate health and human services committee, or their successor committees; and (C) The maternity advisory committee defined in section 25.5-4-506 (1)(b). (IV) Reports may be shared internally with staff for study, investigation, reports, publications, or hearings. (2) Any provision of this article to the contrary notwithstanding, no person shall be required to alter, modify, or purchase any building, structure, or equipment or incur any additional expense which would not otherwise be incurred in order to comply with parts 3, 4, 6, and 7 of this article. (3) In exercising the powers and performing the duties and functions under parts 3 to 7 of this article, the commission, the division, and the director shall presume that the conduct of any respondent is not unfair or discriminatory until proven otherwise. (4) Whether by rule, regulation, or other action or whether as a remedy for violation of any provision of parts 3 to 7 of this article or otherwise, the commission shall not prescribe or require the implementation of a quota system.

C.R.S. § 24-34-306 Charge - complaint - hearing - procedure - exhaustion of administrative remedies

24-34-306. Charge - complaint - hearing - procedure - exhaustion of administrative remedies. (1) (a) (I) Any person claiming to be aggrieved by a discriminatory or an unfair practice as defined by parts 4 to 7 of this article 34 may, by oneself or through the person's attorney, make, sign, and file with the division a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice, setting forth the particulars of the alleged discriminatory or unfair practice, and containing any other information required by the division. (II) The division shall include on any charge form or charge intake mechanism an option to select "harassment" as a basis or description of the type of discriminatory or unfair employment practice that is the subject of the charge. (b) The commission, a commissioner, or the attorney general on its own motion may make, sign, and file a charge alleging a discriminatory or unfair practice in cases where the commission, a commissioner, or the attorney general determines that the alleged discriminatory or unfair practice imposes a significant societal or community impact. The charge shall be filed in the same manner and shall contain the same information as required for a charge filed by an individual pursuant to paragraph (a) of this subsection (1). When the commission, a commissioner, or the attorney general files a charge pursuant to this paragraph (b), the remedy available for the discriminatory or unfair practice shall be limited to equitable relief to eliminate the discriminatory or unfair practice. (c) Prior to any other action by the division regarding the charge, the division shall notify the respondent of the charges filed against him or her. (2) (a) After the filing of a charge alleging a discriminatory or unfair practice as defined by parts 4 to 7 of this article, the director, with the assistance of the division's staff, shall make a prompt investigation of the charge. The director may subpoena witnesses and compel the testimony of witnesses and the production of books, papers, and records if the testimony, books, papers, and records sought are limited to matters directly related to the charge. Any subpoena issued pursuant to this paragraph (a) shall be enforceable in the district court for the district in which the alleged discriminatory or unfair practice occurred and shall be issued only if the person or entity to be subpoenaed has refused or failed, after a proper request from the director, to provide voluntarily to the director the information sought by the subpoena. (b) The director or the director's designee, who shall be an employee of the division, shall determine as promptly as possible whether probable cause exists for crediting the allegations of the charge, and shall follow one of the following courses of action: (I) If the director or the director's designee determines that probable cause does not exist, he or she shall dismiss the charge and shall notify the person filing the charge and the respondent of the dismissal. In addition, in the notice, the director or the director's designee shall advise both parties: (A) That the charging party has the right to file an appeal of the dismissal with the commission within ten days after the date the notification of dismissal is mailed; (B) That, if the charging party wishes to file a civil action in a district court in this state based on the alleged discriminatory or unfair practice that was the subject of the charge filed with the commission, he or she must do so: Within ninety days after the date the notice specified in this subparagraph (I) is mailed if he or she does not file an appeal with the commission pursuant to sub-subparagraph (A) of this subparagraph (I); or within ninety days after the date the notice that the commission has dismissed the appeal specified in sub-subparagraph (A) of this subparagraph (I) is mailed; mmission, he or she must do so: Within ninety days after the date the notice specified in this subparagraph (I) is mailed if he or she does not file an appeal with the commission pursuant to sub-subparagraph (A) of this subparagraph (I); or within ninety days after the date the notice that the commission has dismissed the appeal specified in sub-subparagraph (A) of this subparagraph (I) is mailed; (C) That, if the charging party does not file an action within the time limits specified in sub-subparagraph (B) of this subparagraph (I), the action will be barred, and no district court shall have jurisdiction to hear the action. (II) If the director or the director's designee determines that probable cause exists, the director or the director's designee shall serve the respondent with written notice stating with specificity the legal authority and jurisdiction of the commission and the matters of fact and law asserted. In addition, the director or the director's designee shall order the charging party and the respondent to participate in compulsory mediation. Immediately after the director or the director's designee serves notice on the respondent, the director or the director's designee shall endeavor to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion and by means of the compulsory mediation required by this subparagraph (II). (c) (Deleted by amendment, L. 2009, (SB 09-110), ch. 238, p. 1083, § 6, effective July 1, 2009.) (3) The members of the commission and its staff shall not disclose the filing of a charge, the information gathered during the investigation, or the efforts to eliminate such discriminatory or unfair practice by conference, conciliation, and persuasion unless such disclosure is made in connection with the conduct of the investigation, in connection with the filing of a petition seeking appropriate injunctive relief against the respondent under section 24-34-507, or at a public hearing or unless the complainant and the respondent agree to such disclosure. Nothing in this subsection (3) shall be construed to prevent the commission from disclosing its final action on a charge, including the reasons for dismissing such charge, the terms of a conciliation agreement, or the contents of an order issued after hearing. (4) When the director is satisfied that further efforts to settle the matter by conference, conciliation, and persuasion will be futile, he shall so report to the commission. If the commission determines that the circumstances warrant, it shall issue and cause to be served, in the manner provided by section 24-4-105 (2), a written notice and complaint requiring the respondent to answer the charges at a formal hearing before the commission, a commissioner, or an administrative law judge. Such hearing shall be commenced within one hundred twenty days after the service of such written notice and complaint. Such notice and complaint shall state the time, place, and nature of the hearing, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted. (5) In accordance with rules adopted by the commission, discovery procedures may be used by the commission and the parties under the same circumstances and in the same manner as is provided by the Colorado rules of civil procedure after the notice of hearing under subsection (4) of this section has been given. nd jurisdiction under which it is to be held, and the matters of fact and law asserted. (5) In accordance with rules adopted by the commission, discovery procedures may be used by the commission and the parties under the same circumstances and in the same manner as is provided by the Colorado rules of civil procedure after the notice of hearing under subsection (4) of this section has been given. (6) The respondent may file a written answer prior to the date of the hearing. When a respondent has failed to answer at a hearing, the commission, a commissioner, or the administrative law judge, as the case may be, may enter his default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry. If the respondent is in default, testimony may be heard on behalf of the complainant. After hearing such testimony, the commission, a commissioner, or the administrative law judge, as the case may be, may enter such order as the evidence warrants. (7) The commission or the complainant shall have the power to reasonably and fairly amend any complaint, and the respondent shall have like power to amend his answer. (8) The hearing shall be conducted and decisions rendered in accordance with section 24-4-105; except that the decision shall also include a statement of the reasons why the findings of fact lead to the conclusions. The case in support of the complaint shall be presented at the hearing by one of the commission's attorneys or agents, but no one presenting the case in support of the complaint shall counsel or advise the commission, commissioner, or administrative law judge who hears the case. The director and the staff shall not participate in the hearing except as a witness, nor shall they participate in the deliberations of, or counsel or advise, the commission, commissioner, or administrative law judge in such case. At any such hearing, the person presenting the case in support of the complaint shall have the burden of showing that the respondent has engaged or is engaging in an unfair or discriminatory practice, and the respondent's conduct shall be presumed not to be unfair or discriminatory until proven otherwise. (9) If, upon all the evidence at a hearing, there is a statement of findings and conclusions in accordance with section 24-4-105, together with a statement of reasons for such conclusions, showing that a respondent has engaged in or is engaging in any discriminatory or unfair practice as defined in parts 4 to 7 of this article, the commission shall issue and cause to be served upon the respondent an order requiring such respondent to cease and desist from such discriminatory or unfair practice and to take such action as it may order in accordance with the provisions of parts 4 to 7 of this article. (10) If, upon all of the evidence at a hearing, there is a statement of findings and conclusions in accordance with section 24-4-105, together with a statement of reasons for such conclusions, showing that a respondent has not engaged in any such discriminatory or unfair practice, the commission shall issue and cause to be served an order dismissing the complaint on the person alleging such discriminatory or unfair practice. (11) (a) The jurisdiction of the commission over the complaint ceases if: (I) Written notice that a formal hearing will be held is not served within four hundred fifty days after the filing of the charge; (II) The complainant has requested and received a notice of right to sue pursuant to subsection (15) of this section; or (III) The hearing is not commenced within the one-hundred-twenty-day period prescribed by subsection (4) of this section. he complaint ceases if: (I) Written notice that a formal hearing will be held is not served within four hundred fifty days after the filing of the charge; (II) The complainant has requested and received a notice of right to sue pursuant to subsection (15) of this section; or (III) The hearing is not commenced within the one-hundred-twenty-day period prescribed by subsection (4) of this section. (b) If the jurisdiction of the commission ceases pursuant to subsection (11)(a) of this section, the complainant may seek the relief authorized under this part 3 and parts 4 to 7 of this article 34 against the respondent by filing a civil action in the district court for the district in which the alleged discriminatory or unfair practice occurred. The complainant must file a civil action within ninety days after the date upon which the jurisdiction of the commission ceased. If the complainant fails to file the action within the time specified in this subsection (11)(b), the action is barred, and the district court does not have jurisdiction to hear the action. (12) The division shall maintain a central file of decisions rendered under parts 3 to 7 of this article, and such file shall be open to the public for inspection during regular business hours. (13) Any member of the commission and any person participating in good faith in the making of a complaint or a report or in any investigative or administrative proceeding authorized by parts 3 to 7 of this article shall be immune from liability in any civil action brought against him for acts occurring while acting in his capacity as a commission member or participant, respectively, if such individual was acting in good faith within the scope of his respective capacity, made a reasonable effort to obtain the facts of the matter as to which he acted, and acted in the reasonable belief that the action taken by him was warranted by the facts. (14) No person may file a civil action in a district court in this state based on an alleged discriminatory or unfair practice prohibited by parts 4, 5, and 7 of this article 34 and excluding part 6 of this article 34 and section 24-34-505.6 without first exhausting the proceedings and remedies available to the person under this part 3 unless the person shows, in an action filed in the appropriate district court, by clear and convincing evidence, that the person's ill health which is of such a nature that pursuing administrative remedies would not provide timely and reasonable relief and would cause irreparable harm. This subsection (14) does not apply to civil actions filed in district court based on alleged discriminatory or unfair practices prohibited by either part 6 of this article 34 or section 24-34-505.6. (15) The charging party in any action may request the division to issue a written notice of right to sue at any time prior to service of a notice and complaint pursuant to subsection (4) of this section. The charging party shall make the request for notice of right to sue in writing. The division shall promptly grant a claimant's request for notice of right to sue made after the expiration of one hundred eighty days following the filing of the charge. If a claimant makes a request for a notice of right to sue prior to the expiration of one hundred eighty days following the filing of the charge, the division shall grant the request upon a determination that the investigation of the charge will not be completed within one hundred eighty days following the filing of the charge. A notice of right to sue shall constitute final agency action and exhaustion of administrative remedies and proceedings pursuant to this part 3.

C.R.S. § 24-34-307 Judicial review and enforcement

24-34-307. Judicial review and enforcement. (1) Any complainant or respondent claiming to be aggrieved by a final order of the commission, including a refusal to issue an order, may obtain judicial review thereof, and the commission may obtain an order of court for its enforcement in a proceeding as provided in this section. (2) Such proceeding shall be brought in the court of appeals by appropriate proceedings under section 24-4-106 (11). (3) Such proceeding shall be initiated by the filing of a petition in the court of appeals and the service of a copy thereof upon the commission and upon all parties who appeared before the commission, and thereafter such proceeding shall be processed under the Colorado appellate rules. The court of appeals shall have jurisdiction of the proceeding and the questions determined therein and shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified or setting aside the order of the commission in whole or in part. (4) An objection that has not been urged before the commission shall not be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. (5) Any party may move the court to remit the case to the commission in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, if such party shows reasonable grounds for the failure to adduce such evidence before the commission. (6) The findings of the commission as to the facts shall be conclusive if supported by substantial evidence. (7) The jurisdiction of the court shall be exclusive and its judgment and order shall be final, subject to review as provided by law and the Colorado appellate rules. (8) The commission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commission's orders. (9) The commission may appear in court by its own attorney. (9.5) Upon application by a person alleging a discriminatory housing practice under section 24-34-502 or a person against whom such a practice is alleged, the court may appoint an attorney for such person or may authorize the commencement or continuation of a civil action without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action. (10) The commission or court upon motion may grant a stay of the commission order pending appeal. (11) Appeals filed under this section shall be heard expeditiously and determined upon the transcript filed, without requirement for printing. Hearings in the court of appeals under this part 3 shall take precedence over all other matters, except matters of the same character. (12) If no proceeding to obtain judicial review is instituted by a complainant or respondent within forty-nine days from the service of an order of the commission pursuant to section 24-34-306, the commission may obtain a decree of the district court for the enforcement of such order upon showing that such respondent is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforcement is brought.

C.R.S. § 24-34-308 Enforcement of federal law prohibited

24-34-308. Enforcement of federal law prohibited. Nothing in parts 3 to 8 of this article shall be construed to authorize the commission, the director, or the division to enforce any provision of federal law. Nothing in this section shall prevent the commission from accepting federal grants for the enforcement of parts 3 to 7.

C.R.S. § 24-34-309 Public education - service and assistance animals - form used in housing

24-34-309. Public education - service and assistance animals - form used in housing. (1) The division is authorized to educate the public about the definitions of assistance and service animals, as those terms are defined in sections 18-13-107.3 and 18-13-107.7, and the rights that accompany people with disabilities who use those animals. The division may: (a) Use its website to include information on how a person with a disability can complain about discrimination encountered in places of public accommodation and housing; (b) Create and publicize public service announcements about the definitions of assistance and service animals and links to the division's website; (c) Create and publicize uniform signage for all places of public accommodation to display to inform the public of the rules surrounding service and assistance animals; (d) Create and publicize one or more forms that landlords, qualified individuals with a disability, and health-care providers may use in making a determination contemplated by section 12-240-144, 12-245-229, or 12-255-133; and (e) Establish an education program for law enforcement officers in Colorado about service and assistance animals and how to provide effective communication to people with disabilities when making inquiries under applicable law. (2) If a landlord requires a tenant to provide documentation in connection with the tenant's assistance animal, as that term is defined in section 18-13-107.3, C.R.S., the landlord shall provide the tenant with the form specified in paragraph (d) of subsection (1) of this section if the division has posted the form on its website. The tenant need not use the form.

C.R.S. § 24-34-400.2 Legislative declaration

24-34-400.2. Legislative declaration. (1) The general assembly finds that: (a) All Coloradans should have an equal opportunity to succeed in the workplace and are entitled to a workplace that is safe and free from discrimination and harassment based on their protected status; (b) When employees have a safe workplace that is free from discrimination and harassment, those employees are more productive and are more inclined to remain in their jobs, and their employers benefit from increased employee productivity and retention; (c) While many employers have made great strides in improving workplace environments by making them free from discrimination and harassment since this part 4 was first enacted in 1951, many employees in this state still experience discrimination and harassment in the workplace, resulting in mental, physical, and economic harm; (d) It is critical that employers engage in preventive and corrective actions to eliminate workplace discrimination and harassment and ensure a safe workplace environment for all their employees; and (e) Courts should apply the law consistently to all workplaces. (2) Additionally, the general assembly: (a) Finds that the "severe or pervasive" standard created by courts to determine if harassment at work is a discriminatory or an unfair employment practice does not take into account the realities of the workplace or the harm that workplace harassment causes; and (b) Rejects the "severe or pervasive" standard for proof of workplace harassment in favor of a standard that prohibits unwelcome harassment. (3) The general assembly further finds and declares that: (a) It is the public policy of the state to encourage: (I) Employers to adopt equal employment opportunity policies to prevent and disincentivize illegal harassment and discrimination; and (II) The free reporting, discussion, and exposure of discriminatory or unfair employment practices in order to better protect employees and discourage discriminatory or unfair employment practices; and (b) Attempts to interfere with employees' ability to communicate about and report alleged discriminatory or unfair employment practices are contrary to the public policy of the state.

C.R.S. § 24-34-401 Definitions

24-34-401. Definitions. As used in this part 4, unless otherwise defined in section 24-34-301 or unless the context otherwise requires: (1) "Apprenticeship" means any program for the training of apprentices. (2) "Employee" means any individual employed by an employer. (3) "Employer" means the state of Colorado or any political subdivision, commission, department, institution, or school district thereof, and every other person employing persons within the state; but it does not mean religious organizations or associations, except such organizations or associations supported in whole or in part by money raised by taxation or public borrowing. (4) "Employment agency" means any person undertaking to procure employees or opportunities to work for any other person or holding itself out to be equipped to do so. (5) "Joint apprenticeship committee" means any association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. (6) "Labor organization" means any organization which exists for the purpose in whole or in part of collective bargaining, or of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. (7) "On-the-job training" means any program designed to instruct a person who, while learning the particular job for which he is receiving instruction, is also employed at that job or who may be employed by the employer conducting the program during the course of the program or when the program is completed. (7.5) Repealed. (8) "Unfair employment practice" means those practices specified as discriminatory or unfair in sections 24-34-402 and 24-34-402.3. (9) "Vocational school" means any school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade or to pursue a manual, mechanical, technical, industrial, business, commercial, office, personal service, or other nonprofessional occupation.

C.R.S. § 24-34-402 Discriminatory or unfair employment practices - affirmative defense - definition

24-34-402. Discriminatory or unfair employment practices - affirmative defense - definition. (1) It is a discriminatory or an unfair employment practice: (a) (I) For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any individual otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry. (II) With regard to a disability, it is not a discriminatory or an unfair employment practice for an employer to refuse to hire, to discharge, or to promote or demote an individual with a disability if there is no reasonable accommodation that the employer can make with regard to the disability that would allow the individual to satisfy the essential functions of the job and the disability actually disqualifies the individual from the job. (b) (I) For an employment agency to: (A) Refuse to list and properly classify for employment or refuse to refer an individual for employment in a known available job for which the individual is otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry; or (B) Comply with a request from an employer for referral of applicants for employment if the request indicates either directly or indirectly that the employer discriminates in employment on account of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry. (II) With regard to a disability, it is not a discriminatory or an unfair employment practice for an employment agency to refuse to list and properly classify for employment or to refuse to refer an individual for employment in a known available job for which the individual is otherwise qualified if there is no reasonable accommodation that the employer can make with regard to the disability that would allow the individual to satisfy the essential functions of the job and the disability actually disqualifies the applicant from the job. (c) For a labor organization to exclude any individual otherwise qualified from full membership rights in the labor organization, to expel an individual from membership in the labor organization, or to otherwise discriminate against any of its members in the full enjoyment of work opportunity because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry; (d) For any employer, employment agency, or labor organization to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or membership, or to make any inquiry in connection with prospective employment or membership that expresses, either directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry or intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification or required by and given to an agency of government for security reasons; ation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry or intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification or required by and given to an agency of government for security reasons; (e) For any person, whether or not an employer, an employment agency, a labor organization, or the employees or members thereof: (I) To aid, abet, incite, compel, or coerce the doing of any act defined in this section to be a discriminatory or unfair employment practice; (II) To obstruct or prevent any person from complying with the provisions of this part 4 or any order issued with respect thereto; (III) To attempt, either directly or indirectly, to commit any act defined in this section to be a discriminatory or unfair employment practice; (IV) To discriminate against any person because such person has opposed any practice made a discriminatory or an unfair employment practice by this part 4, because he has filed a charge with the commission, or because he has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to parts 3 and 4 of this article; (f) For any employer, labor organization, joint apprenticeship committee, sponsor of an apprenticeship program registered pursuant to article 15.7 of title 8, or vocational school providing, coordinating, or controlling apprenticeship programs or providing, coordinating, or controlling on-the-job training programs or other instruction, training, or retraining programs: (I) (A) To deny to or withhold from any qualified individual because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry the right to be admitted to or participate in an apprenticeship training program, an on-the-job training program, or any other occupational instruction, training, or retraining program. (B) With regard to a disability, it is not a discriminatory or an unfair employment practice to deny or withhold the right to be admitted to or participate in any such program if there is no reasonable accommodation that can be made with regard to the disability that would allow the individual to satisfy the essential functions of the program and the disability actually disqualifies the individual from the program. (II) To discriminate against any qualified individual in pursuit of such programs or to discriminate against the individual in the terms, conditions, or privileges of such programs because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry; or (III) To print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for such programs, or to make any inquiry in connection with such programs that expresses, directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification; with such programs that expresses, directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification; (g) For any private employer to refuse to hire, or to discriminate against, any person, whether directly or indirectly, who is otherwise qualified for employment solely because the person did not apply for employment through a private employment agency; but an employer shall not be deemed to have violated the provisions of this section if such employer retains one or more employment agencies as exclusive suppliers of personnel and no employment fees are charged to an employee who is hired as a result of having to utilize the services of any such employment agency; (h) (I) For any employer to discharge an employee or to refuse to hire or promote a person solely on the basis that such employee or person is married to or plans to marry another employee of the employer; but this subsection (1)(h)(I) does not apply to employers with twenty-five or fewer employees. (II) It is not unfair or discriminatory for an employer to discharge an employee or to refuse to hire or promote a person for the reasons stated in subsection (1)(h)(I) of this section under circumstances where: (A) One spouse directly or indirectly would exercise supervisory, appointment, or dismissal authority or disciplinary action over the other spouse; (B) One spouse would audit, verify, receive, or be entrusted with moneys received or handled by the other spouse; or (C) One spouse has access to the employer's confidential information, including payroll and personnel records. (i) Unless otherwise permitted by federal law, for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; to require as a condition of employment nondisclosure by an employee of his or her wages; or to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. (1.3) (a) As used in subsections (1)(a) and (1.5) of this section and in this subsection (1.3), "harass" or "harassment" means to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication directed at an individual or group of individuals because of that individual's or group's membership in, or perceived membership in, a protected class, as described in subsection (1)(a) of this section, which conduct or communication is subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute a discriminatory or an unfair employment practice under subsection (1)(a) of this section and is a violation of subsection (1)(a) of this section if: (I) Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual's employment; (II) Submission to, objection to, or rejection of the conduct or communication is used as a basis for employment decisions affecting the individual; or (III) The conduct or communication has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. m or condition of the individual's employment; (II) Submission to, objection to, or rejection of the conduct or communication is used as a basis for employment decisions affecting the individual; or (III) The conduct or communication has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. (b) The nature of the work or the frequency with which harassment in the workplace occurred in the past is not relevant to whether the conduct or communication is a discriminatory or an unfair employment practice under subsection (1)(a) of this section. (c) (I) Notwithstanding subsection (1)(a) of this section, petty slights, minor annoyances, and lack of good manners do not constitute harassment unless the slights, annoyances, or lack of manners, when taken individually or in combination and under the totality of the circumstances, meet the standards set forth in subsection (1.3)(a) of this section. (II) Factors to consider under the totality of the circumstances include: (A) The frequency of the conduct or communication, recognizing that a single incident may rise to the level of harassment; (B) The number of individuals engaged in the conduct or communication; (C) The type or nature of the conduct or communication, recognizing that conduct or communication that, at one time, was or is welcome between two or more individuals may become unwelcome to one or more of those individuals; (D) The duration of the conduct or communication; (E) The location where the conduct or communication occurred; (F) Whether the conduct or communication is threatening; (G) Whether any power differential exists between the individual alleged to have engaged in harassment and the individual alleging the harassment; (H) Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading; and (I) Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class. (1.5) (a) When an employee proves that a supervisor unlawfully harassed that employee, as described in subsection (1.3)(a)(III) of this section, the employer may assert an affirmative defense to the harassment claim only if the employer establishes that: (I) The employer has established a program that is reasonably designed to prevent harassment, deter future harassers, and protect employees from harassment. An employer's program satisfies this subsection (1.5)(a)(I) if the employer can demonstrate that: (A) The employer takes prompt, reasonable action to investigate or address alleged discriminatory or unfair employment practices, as described in subsection (1)(a) of this section; and (B) The employer takes prompt, reasonable remedial actions, when warranted, in response to complaints of discriminatory or unfair employment practices, as described in subsection (1)(a) of this section. (II) The employer has communicated the existence and details of the program specified in subsection (1.5)(a)(I) of this section to both its supervisory and nonsupervisory employees; and (III) The employee has unreasonably failed to take advantage of the employer's program specified in subsection (1.5)(a)(I) of this section. employment practices, as described in subsection (1)(a) of this section. (II) The employer has communicated the existence and details of the program specified in subsection (1.5)(a)(I) of this section to both its supervisory and nonsupervisory employees; and (III) The employee has unreasonably failed to take advantage of the employer's program specified in subsection (1.5)(a)(I) of this section. (b) Nothing in this subsection (1.5) supersedes or eliminates any other analyses, evaluations, or standards of liability for harassment established in this section and through judicial interpretation of Title VII of the federal "Civil Rights Act of 1964", as amended, 42 U.S.C. sec. 2000e et seq.; the federal "Age Discrimination in Employment Act of 1967", as amended, 29 U.S.C. sec. 621 et seq.; Titles I and V of the federal "Americans with Disabilities Act of 1990", as amended, 42 U.S.C. sec. 12111 et seq.; the federal "Civil Rights Act of 1991", as amended, 42 U.S.C. sec. 1981a; and the United States constitution and amendments to the constitution. (2) Notwithstanding any provisions of this section to the contrary, it is not a discriminatory or an unfair employment practice for the division of unemployment insurance in the department of labor and employment to ascertain and record the disability, sex, age, race, creed, color, or national origin of any individual for the purpose of making reports as may be required by law to agencies of the federal or state government only. The division may make and keep the records in the manner required by the federal or state law, but neither the division nor the department of labor and employment shall divulge the information to prospective employers as a basis for employment, except as provided in this subsection (2). (3) Nothing in this section shall prohibit any employer from making individualized agreements with respect to compensation or the terms, conditions, or privileges of employment for persons suffering a disability if such individualized agreement is part of a therapeutic or job-training program of no more than twenty hours per week and lasting no more than eighteen months. (4) Notwithstanding any other provision of this section to the contrary, it shall not be a discriminatory or an unfair employment practice with respect to age: (a) To take any action otherwise prohibited by this section if age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular employer or where the differentiation is based on reasonable factors other than age; or (b) To observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this section; except that, unless authorized in paragraph (a) of this subsection (4), no such employee benefit plan shall require or permit the involuntary retirement of any individual because of the age of such individual; or (c) To compel the retirement of any employee who is sixty-five years of age or older and under seventy years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee and if such plan equals, in the aggregate, at least forty-four thousand dollars; or ly before retirement, is employed in a bona fide executive or a high policy-making position if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee and if such plan equals, in the aggregate, at least forty-four thousand dollars; or (d) To discharge or otherwise discipline an individual for reasons other than age. (5) Nothing in this section shall preclude an employer from requiring compliance with a reasonable dress code as long as the dress code is applied consistently. (6) Notwithstanding any other provision of law, this section shall not apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (7) For purposes of this section, "employer" shall not include any religious organization or association, except for any religious organization or association that is supported in whole or in part by money raised by taxation or public borrowing. (8) Notwithstanding any other provision of this section to the contrary, it is not a discriminatory or an unfair employment practice with respect to sex for a person to consider sex when hiring an employee engaged in child-care-related domestic services.

C.R.S. § 24-34-402.3 Prohibition of discrimination - pregnancy, childbirth, and related conditions - reasonable accommodations required - notice of rights - definitions

24-34-402.3. Prohibition of discrimination - pregnancy, childbirth, and related conditions - reasonable accommodations required - notice of rights - definitions. (1) (a) An employer shall: (I) Provide reasonable accommodations to perform the essential functions of the job to an applicant for employment or an employee for health conditions related to pregnancy or the physical recovery from childbirth, if the applicant or employee requests the reasonable accommodations, unless the accommodation would impose an undue hardship on the employer's business; (II) Not take adverse action against an employee who requests or uses a reasonable accommodation related to pregnancy, physical recovery from childbirth, or a related condition; (III) Not deny employment opportunities to an applicant or employee based on the need to make a reasonable accommodation related to the applicant's or employee's pregnancy, physical recovery from childbirth, or a related condition; (IV) Not require an applicant or employee affected by pregnancy, physical recovery from childbirth, or a related condition to accept an accommodation that the applicant or employee has not requested or an accommodation that is unnecessary for the applicant or employee to perform the essential functions of the job; and (V) Not require an employee to take leave if the employer can provide another reasonable accommodation for the employee's pregnancy, physical recovery from childbirth, or related condition. (b) An employer may require an employee or applicant to provide a note stating the necessity of a reasonable accommodation from a licensed health-care provider before providing a reasonable accommodation. (2) If an applicant or an employee requests an accommodation, the employer and applicant or employee shall engage in a timely, good-faith, and interactive process to determine effective, reasonable accommodations for the applicant or employee for conditions related to pregnancy, physical recovery from childbirth, or a related condition. (3) (a) The employer shall provide written notice of the right to be free from discriminatory or unfair employment practices pursuant to this section to: (I) New employees at the start of employment; and (II) Existing employees within one hundred twenty days after August 10, 2016. (b) The employer shall post the required notice in a conspicuous place in the employer's place of business in an area accessible to employees. (4) As used in this section: (a) "Adverse action" means an action where a reasonable employee would have found the action materially adverse, such that it might have dissuaded a reasonable worker from making or supporting a charge of discrimination. (b) "Reasonable accommodations" may include, but is not limited to, the provision of more frequent or longer break periods; more frequent restroom, food, and water breaks; acquisition or modification of equipment or seating; limitations on lifting; temporary transfer to a less strenuous or hazardous position if available, with return to the current position after pregnancy; job restructuring; light-duty, if available; assistance with manual labor; or modified work schedules as long as the employer is not required to do any of the following: (I) Hire new employees that the employer would not otherwise have hired; (II) Discharge an employee, transfer another employee with more seniority, or promote another employee who is not qualified to perform the new job; (III) Create a new position, including a light-duty position for the employee, unless a light-duty position would be provided for another equivalent employee; or (IV) Provide the employee paid leave beyond that which is provided to similarly situated employees. rge an employee, transfer another employee with more seniority, or promote another employee who is not qualified to perform the new job; (III) Create a new position, including a light-duty position for the employee, unless a light-duty position would be provided for another equivalent employee; or (IV) Provide the employee paid leave beyond that which is provided to similarly situated employees. (c) (I) "Undue hardship", in connection with a requested accommodation, means an action requiring significant difficulty or expense to the employer. In determining undue hardship, the following factors may be considered: (A) The nature and cost of the accommodation; (B) The overall financial resources of the employer; (C) The overall size of the employer's business with respect to the number of employees and the number, type, and location of the available facilities; and (D) The accommodation's effect on expenses and resources or its effect upon the operations of the employer. (II) The employer's provision of, or a requirement that the employer provide, a similar accommodation to other classes of employees creates a rebuttable presumption that the accommodation does not impose an undue hardship. (5) It is a discriminatory or unfair employment practice for an employer to violate this section; except that a violation of subsection (3) of this section is not a discriminatory or unfair employment practice. (6) (a) This section does not preempt or limit any other provision of law relating to sex discrimination or to pregnancy, physical recovery from childbirth, or a related condition. (b) This section neither increases nor decreases an employee's rights, under any other law, to paid or unpaid leave in connection with the employee's pregnancy. (7) Notwithstanding section 24-34-405, a court shall not award punitive damages in a civil action involving a claim of failure to make a reasonable accommodation for an employee for conditions related to pregnancy or the physical recovery from childbirth if the defendant demonstrates good-faith efforts to identify and make a reasonable accommodation that would provide an employee who has a health condition related to pregnancy or the physical recovery from childbirth with an equally effective opportunity and would not cause an undue hardship on the operation of the defendant's business.

C.R.S. § 24-34-402.5 Unlawful prohibition of legal activities as a condition of employment

24-34-402.5. Unlawful prohibition of legal activities as a condition of employment. (1) It shall be a discriminatory or unfair employment practice for an employer to terminate the employment of any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours unless such a restriction: (a) Relates to a bona fide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer; or (b) Is necessary to avoid a conflict of interest with any responsibilities to the employer or the appearance of such a conflict of interest. (2) (a) Notwithstanding any other provisions of this article, the sole remedy for any person claiming to be aggrieved by a discriminatory or unfair employment practice as defined in this section shall be as follows: He or she may bring a civil action for damages in any district court of competent jurisdiction and may sue for all wages and benefits that would have been due him or her up to and including the date of the judgment had the discriminatory or unfair employment practice not occurred; except that nothing in this section shall be construed to relieve the person from the obligation to mitigate his or her damages. (b) (I) If the prevailing party in the civil action is the plaintiff, the court shall award the plaintiff court costs and a reasonable attorney fee. (II) This paragraph (b) shall not apply to an employee of a business that has or had fifteen or fewer employees during each of twenty or more calendar work weeks in the current or preceding calendar year.

C.R.S. § 24-34-402.7 Unlawful action against employees seeking protection

24-34-402.7. Unlawful action against employees seeking protection. (1) (a) Employers shall permit an employee to request or take up to three working days of leave from work in any twelve-month period, with or without pay, if the employee is the victim of domestic abuse, as that term is defined in section 13-14-101 (2), C.R.S., the victim of stalking, as that crime is described in section 18-3-602, C.R.S., the victim of sexual assault, as that crime is defined in section 18-3-402, C.R.S., or the victim of any other crime, the underlying factual basis of which has been found by a court on the record to include an act of domestic violence, as that term is defined in section 18-6-800.3 (1), C.R.S. This section shall only apply if the employee is using the leave from work to protect himself or herself by: (I) Seeking a civil protection order to prevent domestic abuse pursuant to section 13-14-104.5, 13-14-106, or 13-14-108, C.R.S.; (II) Obtaining medical care or mental health counseling or both for himself or herself or for his or her children to address physical or psychological injuries resulting from the act of domestic abuse, stalking, or sexual assault or other crime involving domestic violence; (III) Making his or her home secure from the perpetrator of the act of domestic abuse, stalking, or sexual assault or other crime involving domestic violence or seeking new housing to escape said perpetrator; (IV) Seeking legal assistance to address issues arising from the act of domestic abuse, stalking, or sexual assault or other crime involving domestic violence and attending and preparing for court-related proceedings arising from said act or crime. (b) The provisions of paragraph (a) of this subsection (1) shall only apply to employers who employ fifty or more employees and to employees who have been employed with the employer for twelve months or more. (2) (a) Except in cases of imminent danger to the health or safety of the employee, an employee seeking leave from work pursuant to this section shall provide his or her employer with the appropriate advance notice of such leave as may be required by the employer's policy and such documentation as may be required by the employer. (b) An employee seeking leave pursuant to this section, prior to receiving such leave, shall exhaust any and all annual or vacation leave, personal leave, and sick leave, if applicable, that may be available to the employee, unless the employer waives this requirement. (c) All information related to the employee's leave pursuant to this section shall be kept confidential by the employer. (3) (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or any attempt to exercise any rights provided under this section. (b) It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for exercising his or her rights under this section. suant to this section shall be kept confidential by the employer. (3) (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or any attempt to exercise any rights provided under this section. (b) It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for exercising his or her rights under this section. (c) An employee shall have no greater rights to continued employment or to other benefits and conditions of employment than if the employee was not entitled to leave under this section. Nothing in this section shall be construed to limit the employer's right to discipline or terminate any employee for any reason, including but not limited to reductions in work force or termination for cause or for no reason at all, other than exercising his or her rights under this section. (4) Notwithstanding any other provisions of this article to the contrary, the sole remedy for any person claiming to be aggrieved by a violation of this section shall be to bring a civil suit for damages or equitable relief or both in any district court of competent jurisdiction. Such person may claim as damages all wages and benefits that would have been due the person up to and including the date of the judgment had the act violating this section not occurred; except that nothing in this section shall be construed to relieve such person from the obligation to mitigate his or her damages.

C.R.S. § 24-34-403 Time limits on filing of charges

24-34-403. Time limits on filing of charges. Any charge alleging a violation of this part 4 must be filed with the commission pursuant to section 24-34-306 within three hundred days after the alleged discriminatory or unfair employment practice occurred, and if a charge is not timely filed, it is barred.

C.R.S. § 24-34-404 Charges by employers and others

24-34-404. Charges by employers and others. Any employer, labor organization, joint apprenticeship committee, or vocational school whose employees or members, or some of them, refuse or threaten to refuse to comply with the provisions of this part 4 may file with the commission a verified written charge in duplicate asking the commission for assistance to obtain their compliance by conciliation or other remedial action.

C.R.S. § 24-34-405 Relief authorized - short title

24-34-405. Relief authorized - short title. (1) This section shall be known and may be cited as the "Job Protection and Civil Rights Enforcement Act of 2013". (2) (a) In addition to the relief authorized by section 24-34-306 (9), the commission or the court may order affirmative relief that the commission or court determines to be appropriate, including the following relief, against a respondent who is found to have engaged in an unfair or discriminatory employment practice: (I) Reinstatement or hiring of employees, with or without back pay. If the commission or court orders back pay, the employer, employment agency, or labor organization responsible for the discriminatory or unfair employment practice shall pay the back pay to the person who was the victim of the practice. (II) Front pay; or (III) Any other equitable relief the commission or court deems appropriate. (b) If the commission or court orders back pay, the liability for back pay accrues from a date not more than two years prior to the filing of a charge with the division. The commission or court shall reduce an award of back pay by any amount of actual earnings of, or amounts that could have been earned with reasonable diligence by, the person who was the victim of the discriminatory or unfair employment practice. (3) (a) In addition to the relief available pursuant to subsection (2) of this section, in a civil action brought by a plaintiff under this part 4 against a defendant who is found to have engaged in an intentional discriminatory or unfair employment practice, the plaintiff may recover compensatory and punitive damages as specified in this subsection (3). The court shall not award a plaintiff compensatory or punitive damages when the defendant is found to have engaged in an employment practice that is unlawful solely because of its disparate impact. (b) (I) Except as limited by the "Colorado Governmental Immunity Act", article 10 of this title, and except as provided in subparagraph (II) of this paragraph (b), a plaintiff may recover punitive damages against a defendant, other than the state or any political subdivision, commission, department, institution, or school district of the state, if the plaintiff demonstrates by clear and convincing evidence that the defendant engaged in a discriminatory or unfair employment practice with malice or reckless indifference to the rights of the plaintiff. However, if the defendant demonstrates good-faith efforts to comply with this part 4 and to prevent discriminatory and unfair employment practices in the workplace, the court shall not award punitive damages against the defendant. (II) The court shall not award punitive damages in a civil action involving a claim of failure to make a reasonable accommodation for a person with a disability if the defendant demonstrates good-faith efforts to identify and make a reasonable accommodation that would provide the person with a disability an equally effective opportunity and would not cause an undue hardship on the operation of the defendant's business. (c) A plaintiff may recover compensatory damages against a defendant for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. able accommodation that would provide the person with a disability an equally effective opportunity and would not cause an undue hardship on the operation of the defendant's business. (c) A plaintiff may recover compensatory damages against a defendant for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. (d) (I) Except as provided in subparagraph (II) of this paragraph (d), the total amount of compensatory and punitive damages awarded pursuant to this subsection (3) shall not exceed the amounts specified in 42 U.S.C. sec. 1981a (b)(3). (II) For employers who employ fewer than fifteen employees, the total amount of compensatory and punitive damages awarded pursuant to this subsection (3) shall not exceed the following amounts: (A) If the defendant has one or more employees but fewer than five employees in each of twenty or more calendar weeks in either the current or preceding calendar year, ten thousand dollars; or (B) If the defendant has five or more employees but fourteen or fewer employees in each of twenty or more calendar weeks in either the current or preceding calendar year, twenty-five thousand dollars. (III) In determining the appropriate level of damages to award a plaintiff who has been the victim of an intentional discriminatory or unfair employment practice, the court shall consider the size and assets of the defendant and the egregiousness of the intentional discriminatory or unfair employment practice. (IV) If a plaintiff asserts claims of intentional discriminatory or unfair employment practices under this article and under applicable federal anti-discrimination laws, the plaintiff may recover relief under this section only once for the same injuries, damages, or losses. (e) Compensatory or punitive damages awarded pursuant to this subsection (3) are in addition to, and do not include, front pay, back pay, interest on back pay, or any other type of relief awarded pursuant to subsection (2) of this section. (f) The remedies specified in this subsection (3) apply to causes of action alleging discriminatory or unfair employment practices accruing on or after January 1, 2015. (g) Repealed. (4) If a plaintiff in a civil action filed under this part 4 seeks compensatory or punitive damages pursuant to subsection (3) of this section, any party to the civil action may demand a trial by jury. (5) In any civil action under this part 4, the court may award reasonable attorney fees and costs to the prevailing plaintiff. If the court finds that an action or defense brought pursuant to this part 4 was frivolous, groundless, or vexatious as provided in article 17 of title 13, C.R.S., the court may award costs and attorney fees to the defendant in the action. (6) Except when federal law is silent on the issue, this section shall be construed, interpreted, and applied in a manner that is consistent with standards established through judicial interpretation of Title VII of the federal "Civil Rights Act of 1964", as amended, 42 U.S.C. sec. 2000e et seq.; the federal "Age Discrimination in Employment Act of 1967", as amended, 29 U.S.C. sec. 621 et seq.; titles I and V of the federal "Americans with Disabilities Act of 1990", as amended, 42 U.S.C. sec. 12111 et seq.; and the federal "Civil Rights Act of 1991", 42 U.S.C. sec. 1981a. (7) Nothing in this section precludes a party from asserting any other available statutory or common law claims. (8) (a) As used in this subsection (8), "aggrieved party" means a person who has filed a complaint alleging an intentional discriminatory or unfair employment practice, including an applicant for a position in the state personnel system or an employee in the state personnel system. a. (7) Nothing in this section precludes a party from asserting any other available statutory or common law claims. (8) (a) As used in this subsection (8), "aggrieved party" means a person who has filed a complaint alleging an intentional discriminatory or unfair employment practice, including an applicant for a position in the state personnel system or an employee in the state personnel system. (b) The commission, a commissioner, an administrative law judge appointed pursuant to part 10 of article 30 of this title, or, in cases involving applicants for positions in or employees in the state personnel system, the state personnel board established pursuant to section 14 of article XII of the state constitution shall not award damages to an aggrieved party alleging an intentional discriminatory or unfair employment practice. An aggrieved party who is seeking damages as authorized in subsection (3) of this section must file a civil action in a court of competent jurisdiction to recover those damages; except that punitive damages are not recoverable against the state or any political subdivision, commission, department, institution, or school district of the state. (c) (I) Upon issuance of an order by the commission pursuant to section 24-34-306 (9) and subsection (2) of this section or of a written decision by the state personnel board pursuant to section 24-50-125.4 in which the commission or state personnel board makes a finding of an intentional discriminatory or unfair employment practice, an aggrieved party may file a civil action in a district court in this state seeking damages as authorized in subsection (3) of this section. (II) For complaints filed with the commission, the aggrieved party must file the action for damages within thirty days after the date the commission mails notice of the order issued pursuant to section 24-34-306 (9) and subsection (2) of this section. If the aggrieved party fails to file an action for damages within thirty days after the date the notice of the order is mailed, the action is barred, no district court has jurisdiction to hear the action, and the commission's order becomes final and is subject to judicial review pursuant to section 24-34-307. (III) (A) For complaints filed with the state personnel board, if an administrative law judge issues the initial written decision on behalf of the state personnel board, the aggrieved party may not file a civil action until after the expiration of the thirty-day period specified in section 24-50-125.4 (4) for filing an appeal. If a party does not file an appeal of the administrative law judge's initial decision with the state personnel board in accordance with section 24-50-125.4 (4), the aggrieved party must file the civil action for compensatory damages within thirty days after the expiration of the appeal period specified in section 24-50-125.4 (4). If a party files an appeal with the state personnel board in accordance with section 24-50-125.4 (4), the aggrieved party must file the civil action for compensatory damages within thirty days after the date the state personnel board transmits the notice of its decision on the appeal in accordance with section 24-50-125.4 (6). (B) If the aggrieved party fails to file an action for compensatory damages within thirty days after the appeal period expires or the date the state personnel board's notice of decision is transmitted, whichever is applicable pursuant to sub-subparagraph (A) of this subparagraph (III), the action for compensatory damages is barred, no district court has jurisdiction to hear the action, and the state personnel board's decision becomes final and is subject to judicial review pursuant to sections 24-50-125.4 (3) and 24-4-106 (11). date the state personnel board's notice of decision is transmitted, whichever is applicable pursuant to sub-subparagraph (A) of this subparagraph (III), the action for compensatory damages is barred, no district court has jurisdiction to hear the action, and the state personnel board's decision becomes final and is subject to judicial review pursuant to sections 24-50-125.4 (3) and 24-4-106 (11). (d) (I) If the aggrieved party initially filed a complaint with the commission, the aggrieved party and the district court shall serve a copy of the civil action complaint on the commission, and upon receipt of the civil action complaint, the commission's order is automatically stayed pending the outcome of the civil action, in which case the commission's decision is not a final order subject to judicial review pursuant to section 24-34-307 until the district court issues a final judgment in the civil action for damages. (II) If the aggrieved party is an applicant for a position in or an employee in the state personnel system, the aggrieved party and the district court shall serve a copy of the civil action complaint on the state personnel board, and upon receipt of the complaint, the state personnel board's decision is automatically stayed pending the outcome of the civil action, in which case the state personnel board's decision is not a final order subject to judicial review pursuant to sections 24-50-125.4 (3) and 24-4-106 (11) until the district court issues a final judgment in the civil action for compensatory damages. (e) (I) In a civil action brought pursuant to this subsection (8) for damages after the commission or state personnel board makes a finding of an intentional discriminatory or unfair employment practice, the district court shall consider the issue of whether the aggrieved party is entitled to damages and the amount of damages, if awarded. (II) The district court may award attorney fees and costs in connection with the action for damages consistent with subsection (5) of this section. (III) The district court shall expedite the action for damages and set the matter for trial at the earliest practical time. (f) Upon entering a final judgment in a civil action brought pursuant to this subsection (8), the district court shall serve notice of the judgment on the parties and the commission or state personnel board, as appropriate. Once the commission or state personnel board receives a final judgment from the district court, the commission or state personnel board shall incorporate the district court judgment in its order or decision, which becomes a final order subject to judicial review in accordance with section 24-34-307 or sections 24-50-125.4 (3) and 24-4-106 (11), as applicable. (g) A claim filed pursuant to this subsection (8) by an aggrieved party against the state for compensatory damages for an intentional unfair or discriminatory employment practice is not subject to the "Colorado Governmental Immunity Act", article 10 of this title.

C.R.S. § 24-34-406 Ruling on unemployment benefits not a bar

24-34-406. Ruling on unemployment benefits not a bar. No findings, conclusions, or orders made pursuant to the provisions of articles 70 to 82 of title 8, C.R.S., shall be binding upon the commission in the exercise of its powers pursuant to parts 3 and 4 of this article; except that the commission may consider any explicit findings or conclusions on the issue of discrimination. If the decision under parts 3 and 4 of this article is in favor of the complainant, the respondent may present evidence of any unemployment benefits pursuant to articles 70 to 82 of title 8, C.R.S., which were received by the complainant based on the same occurrence. The relief granted to the complainant shall be reduced by the amount of such benefits, as provided in section 8-2-119, C.R.S.

C.R.S. § 24-34-407 Nondisclosure agreements - requirements for enforcement - penalties for noncompliance

24-34-407. Nondisclosure agreements - requirements for enforcement - penalties for noncompliance. (1) A provision in an agreement entered into or renewed on or after the effective date of this section between an employer and an employee or a prospective employee that limits the ability of the employee or prospective employee to disclose or discuss, either orally or in writing, any alleged discriminatory or unfair employment practice, which provision is referred to in this section as a "nondisclosure provision", is void unless: (a) The nondisclosure provision applies equally to all parties to the agreement; (b) The nondisclosure provision expressly states that it does not restrain the employee or prospective employee from disclosing the underlying facts of any alleged discriminatory or unfair employment practice: (I) Including disclosing the existence and terms of a settlement agreement, to the employee's or prospective employee's immediate family members, religious advisor, medical or mental health provider, mental or behavioral health therapeutic support group, legal counsel, financial advisor, or tax preparer; (II) To any local, state, or federal government agency for any reason, including disclosing the existence and terms of a settlement agreement, without first notifying the employer; (III) In response to legal process, such as a subpoena to testify at a deposition or in a court, including disclosing the existence and terms of a settlement agreement, without first notifying the employer; and (IV) For all other purposes as required by law; (c) The nondisclosure provision expressly states that disclosure of the underlying facts of any alleged discriminatory or unfair employment practice within the parameters specified in subsection (1)(b) of this section does not constitute disparagement; (d) The agreement includes a condition that if a nondisparagement provision is included in the agreement and the employer disparages the employee or prospective employee to a third party, the employer may not seek to enforce the nondisparagement or nondisclosure provisions of the agreement or seek damages against the employee or any other party to the agreement for violating those provisions, but all other remaining terms of the agreement remain enforceable; (e) Any liquidated damages provision in the agreement does not constitute a penalty or punishment, and, to be enforced, a liquidated damages provision must provide for an amount of liquidated damages that is: (I) Reasonable and proportionate in light of the anticipated actual economic loss that a breach of the agreement would cause; (II) Varied based on the nature or severity of the breach; and (III) Not punitive; and (f) An addendum, signed by all parties to the agreement and attesting to compliance with this subsection (1), is attached to the agreement. (2) (a) Each instance when an employer includes in an agreement a nondisclosure provision that violates subsection (1) of this section constitutes a violation of this section. An employer is liable for actual damages and a penalty of five thousand dollars per violation. ndum, signed by all parties to the agreement and attesting to compliance with this subsection (1), is attached to the agreement. (2) (a) Each instance when an employer includes in an agreement a nondisclosure provision that violates subsection (1) of this section constitutes a violation of this section. An employer is liable for actual damages and a penalty of five thousand dollars per violation. (b) The commission and any employee or prospective employee who is presented with an agreement that includes a nondisclosure provision that violates subsection (1) of this section may immediately bring an action to recover penalties. In addition to penalties, an employee or a prospective employee may recover actual damages, reasonable costs, and attorney fees in any private action brought pursuant to this section. (3) In any civil action involving a claim of a discriminatory or an unfair employment practice, a plaintiff may present evidence that the employer against whom the action was filed entered into one or more agreements that included a nondisclosure provision involving the conduct of the same individual or individuals who are alleged in the action to have engaged in the discriminatory or unfair employment practice. If such evidence is presented, the evidence shall be considered evidence in support of an award of punitive damages. (4) In any action brought under this section, if the employer shows that the act or omission giving rise to the action was committed in good faith and that the employer has reasonable grounds for believing that the employer's act or omission did not violate this section, the court may, in its discretion, decline to award a penalty or reduce the amount of the penalty specified in subsection (2)(a) of this section.

C.R.S. § 24-34-408 Employer record keeping - repository of discrimination complaints - definition

24-34-408. Employer record keeping - repository of discrimination complaints - definition. (1) An employer shall preserve any personnel or employment record the employer made, received, or kept for at least five years after the later of: (a) The date the employer made or received the record; or (b) The date of the personnel action about which the record pertains or of the final disposition of a charge of discrimination or related action, as applicable. (2) (a) An employer shall maintain an accurate, designated repository of all written or oral complaints of discriminatory or unfair employment practices, as described in section 24-34-402 (1)(a), that includes the date of the complaint, the identity of the complaining party, if the complaint was not made anonymously, the identity of the alleged perpetrator, and the substance of the complaint. (b) Records of complaints in an employer's designated repository maintained in accordance with this subsection (2) are not public records, as defined in section 24-72-202 (6), and, for purposes of an employer that is subject to part 2 of article 72 of this title 24, records in a designated repository are considered personnel files, as defined in section 24-72-202 (4.5), and are not open to public inspection pursuant to section 24-72-204 (3)(a)(II)(A). Additionally, in accordance with section 24-72-204 (3)(a)(X), any record of a sexual harassment complaint or investigation is not open to public inspection except as specified in section 24-72-204 (3)(a)(X) or (9). (3) As used in this section, "personnel or employment record" includes requests for accommodation; employee complaints of discriminatory or unfair employment practices, whether written or oral; application forms submitted by applicants for employment; other records related to hiring, promotion, demotion, transfer, layoff, termination, rates of pay or other terms of compensation, and selection for training or apprenticeship; and records of training provided to or facilitated for employees.

C.R.S. § 24-34-501 Definitions

24-34-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Aggrieved person" means any person who claims to have been injured by a discriminatory housing practice or believes that he will be injured by a discriminatory housing practice that is about to occur. (1.3) (a) "Disability" means a physical impairment which substantially limits one or more of a person's major life activities and includes a record of such an impairment and being regarded as having such an impairment. (b) (I) On and after July 1, 1990, as to this part 5, "disability" also includes a person who has a mental impairment, but the term does not include any person currently involved in the illegal use of a controlled substance or a substance use disorder with respect to a controlled substance. (II) The term "mental impairment" as used in subsection (1.3)(b)(I) of this section means any behavioral, mental, or psychological disorder, such as an intellectual and developmental disability, organic brain syndrome, behavioral or mental health disorder, or specific learning disability. (1.5) "Discriminate" includes both segregate and separate. (1.6) "Familial status" means one or more individuals, who have not attained eighteen years of age, being domiciled with a parent or another person having legal custody of or parental responsibilities for such individual or individuals or the designee of such parent or other persons having such custody or parental responsibilities with the written permission of such parent or other person. Familial status shall apply to any person who is pregnant or is in the process of securing legal custody or parental responsibilities of any individual who has not attained eighteen years of age. (2) "Housing" means any building, structure, vacant land, or part thereof offered for sale, lease, rent, or transfer of ownership. (3) "Person" has the same meaning as set forth in section 24-34-301 and includes any owner, lessee, proprietor, manager, employee, or any agent of a person; but, for purposes of this part 5, "person" does not include any private club not open to the public that, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, unless the club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, national origin, or ancestry. (4) "Restrictive covenant" means any specification limiting the transfer, rental, or lease of any housing because of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, ancestry, or veteran or military status, or limiting the rental or lease of any housing because of source of income. (4.5) "Source of income" means any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including: (a) Income derived from any lawful profession or occupation; and (b) Income or rental payments derived from any government or private assistance, grant, or loan program. (5) "Transfer", as used in this part 5, shall not apply to transfer of property by will or by gift. (6) "Unfair housing practices" means those practices specified in section 24-34-502. (7) "Veteran or military status" means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, or United States National Guard. "Veteran or military status" does not include an individual who was dishonorably discharged from military service.

C.R.S. § 24-34-502 Unfair housing practices prohibited - definition

24-34-502. Unfair housing practices prohibited - definition. (1) It is an unfair housing practice, unlawful, and prohibited: (a) (I) For any person to refuse to show, sell, transfer, rent, or lease any housing; refuse to receive and transmit any bona fide offer to buy, sell, rent, or lease any housing; or otherwise make unavailable or deny or withhold from an individual any housing because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry; to discriminate against an individual because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry in the terms, conditions, or privileges pertaining to any housing or the transfer, sale, rental, or lease of housing or in furnishing facilities or services in connection with housing; or to cause to be made any written or oral inquiry or record concerning the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of an individual seeking to purchase, rent, or lease any housing; however, nothing in this subsection (1)(a) requires a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others; (II) Nothing in this subsection (1)(a) prohibits a written or oral inquiry or record concerning military or veteran status when the purpose of the inquiry or record is to determine a person's eligibility for veteran or military housing or for a veteran or military housing benefit. (b) For any person to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing to make or cause to be made any written or oral inquiry concerning the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of an individual seeking financial assistance or concerning the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of prospective occupants or tenants of the housing, or to discriminate against any individual because of the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of the individual or prospective occupants or tenants in the terms, conditions, or privileges relating to obtaining or using any such financial assistance; (c) (I) For any person to include in any transfer, sale, rental, or lease of housing any restrictive covenants, but shall not include any person who, in good faith and in the usual course of business, delivers any document or copy of a document regarding the transfer, sale, rental, or lease of housing which includes any restrictive covenants which are based upon race or religion, or reference thereto; or (II) For any person to honor or exercise or attempt to honor or exercise any restrictive covenant pertaining to housing; lude any person who, in good faith and in the usual course of business, delivers any document or copy of a document regarding the transfer, sale, rental, or lease of housing which includes any restrictive covenants which are based upon race or religion, or reference thereto; or (II) For any person to honor or exercise or attempt to honor or exercise any restrictive covenant pertaining to housing; (d) (I) For any person to make, print, or publish or cause to be made, printed, or published any notice or advertisement relating to the sale, transfer, rental, or lease of any housing that indicates any preference, limitation, specification, or discrimination based on disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, national origin, or ancestry; (II) This subsection (1)(d) does not apply when the purpose of the notice or advertisement is to promote veteran or military housing or a veteran or military housing benefit. (e) For any person: To aid, abet, incite, compel, or coerce the doing of any act defined in this section as an unfair housing practice; to obstruct or prevent any person from complying with the provisions of this part 5 or any order issued with respect thereto; to attempt either directly or indirectly to commit any act defined in this section to be an unfair housing practice; to discriminate against any person because such person has opposed any practice made an unfair housing practice by this part 5, because he has filed a charge with the commission, or because he has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to parts 3 and 5 of this article; or to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged, any other person in the exercise of any right granted or protected by parts 3 and 5 of this article; (f) For any person to discharge, demote, or discriminate in matters of compensation against any employee or agent because of said employee's or agent's obedience to the provisions of this part 5; (g) For any person whose business includes residential real estate-related transactions, which transactions involve making or purchasing loans secured by residential real estate or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling or selling, brokering, or appraising residential real property, to discriminate against an individual in making available such a transaction or in fixing the terms or conditions of such a transaction because of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability, familial status, veteran or military status, national origin, or ancestry; (h) For any person to deny an individual access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility related to the business of selling or renting dwellings or to discriminate against the individual in the terms or conditions of such access, membership, or participation on account of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, disability, marital status, familial status, veteran or military status, national origin or ancestry, or source of income; (i) For any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of any individual of a particular race, color, religion, sex, sexual orientation, gender identity, gender expression, disability, familial status, veteran or military status, creed, national origin, or ancestry; e; (i) For any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of any individual of a particular race, color, religion, sex, sexual orientation, gender identity, gender expression, disability, familial status, veteran or military status, creed, national origin, or ancestry; (j) For any person to represent to any other person that a dwelling is not available for inspection, sale, or rental, when the dwelling is in fact available, for the purpose of discriminating against any individual on the basis of race, color, religion, sex, sexual orientation, gender identity, gender expression, disability, familial status, veteran or military status, creed, national origin, or ancestry; (k) For any person to violate the provisions of section 24-34-502.2; (l) For any person to refuse to rent or lease, to refuse to show housing for rent or lease, to refuse to receive and transmit any bona fide offer to rent or lease, or to otherwise make unavailable or deny or withhold from another person any housing for rent or lease because of a person's source of income; (m) For any person to discriminate in the terms, conditions, or privileges pertaining to the rental or lease of any housing, or in the furnishing of facilities or services in connection therewith, because of a person's source of income, including a person's receipt of public housing assistance or a person's participation in a third-party contract required by a public housing assistance program; except that, if the initial payment to the landlord is not made timely in accordance with applicable regulations promulgated by the United States department of housing and urban development due to processing delays or a government shutdown, then a landlord may exercise any right or pursue any remedy available under law; (n) For any person to make, print, or publish or cause to be made, printed, or published any notice or advertisement relating to the rental or lease of any housing that indicates any limitation, specification, or discrimination based on a person's source of income; (o) For any person to represent to another person that any housing is not available for rent or lease when the housing is in fact available for the purpose of discriminating against the person on the basis of the person's source of income; (p) For any person, for profit, to induce or attempt to induce another person to rent any housing by representations regarding the entry or prospective entry into the neighborhood of a person or persons with particular sources of income; or (q) For any person to violate section 38-12-904 (1)(c) or (1)(d). (1.5) (a) Subsections (1)(l) to (1)(p) of this section do not apply to a landlord with three or fewer units of housing for rent or lease. (b) Nothing in subsection (1) of this section precludes a landlord from checking the credit of a prospective tenant. Checking the credit of a prospective tenant is not an unfair housing practice under this section, provided that the landlord checks the credit of every prospective tenant. ) to (1)(p) of this section do not apply to a landlord with three or fewer units of housing for rent or lease. (b) Nothing in subsection (1) of this section precludes a landlord from checking the credit of a prospective tenant. Checking the credit of a prospective tenant is not an unfair housing practice under this section, provided that the landlord checks the credit of every prospective tenant. (c) As used in this subsection (1.5) and in subsection (1) of this section, "landlord" means a person who owns, manages, leases, or subleases a unit of housing and who makes that housing available for rent or lease. (1.7) Notwithstanding any provision of subsection (1) of this section to the contrary, if a landlord owns five or fewer single family rental homes and no more than five total rental units including any single family homes, the landlord is not required to accept federal housing choice vouchers for any of those five single family homes as an acceptable source of income under subsection (1) of this section. (1.8) It is not a violation of this section for a landlord to ask a residential tenant whether the tenant receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26 for the purposes of complying with section 13-40-110 (1). (2) The provisions of this section shall not apply to or prohibit compliance with local zoning ordinance provisions concerning residential restrictions on marital status. (3) Nothing contained in this part 5 shall be construed to bar any religious or denominational institution or organization which is operated or supervised or controlled by or is operated in connection with a religious or denominational organization from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin, nor shall anything in this part 5 prohibit a private club not in fact open to the public which, as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (4) (Deleted by amendment, L. 92, p. 1122, § 4, effective July 1, 1992.) (5) Nothing in this section shall be construed to prevent or restrict the sale, lease, rental, transfer, or development of housing designed or intended for the use of persons with disabilities. (6) Nothing in this part 5 prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, disability, religion, national origin, or ancestry. (7) (a) Nothing in this section shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor shall any provision in this section regarding familial status apply with respect to housing for older persons. lial status, veteran or military status, disability, religion, national origin, or ancestry. (7) (a) Nothing in this section shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor shall any provision in this section regarding familial status apply with respect to housing for older persons. (b) As used in this subsection (7), "housing for older persons" means housing provided under any state or federal program that the division determines is specifically designed and operated to assist older persons, or is intended for, and solely occupied by, persons sixty-two years of age or older, or is intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing intended and operated for occupancy by one person fifty-five years of age or older per unit qualifies as housing for older persons under this subsection (7), the division shall require the following: (I) That the housing facility or community publish and adhere to policies and procedures that demonstrate the intent required under this paragraph (b); (II) That at least eighty percent of the occupied units be occupied by at least one person who is fifty-five years of age or older; and (III) That the housing facility or community comply with rules promulgated by the commission for verification of occupancy. Such rules shall: (A) Provide for verification by reliable surveys and affidavits; and (B) Include examples of the types of policies and procedures relevant to a determination of such compliance with the requirements of subparagraph (II) of this paragraph (b). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of verification of occupancy in accordance with this section. (c) Housing shall not fail to meet the requirements for housing for older persons by reason of persons residing in such housing as of March 12, 1989, who do not meet the age requirements of paragraph (b) of this subsection (7) if the new occupants of such housing meet the age requirements of paragraph (b) of this subsection (7) or, by reason of unoccupied units, if such units are reserved for occupancy by persons who meet the age requirements of paragraph (b) of this subsection (7). (d) (I) A person shall not be held personally liable for monetary damages for a violation of this part 5 if such person reasonably relied, in good faith, on the application of the exemption available under this part 5 relating to housing for older persons. (II) For purposes of this paragraph (d), a person may only show good faith reliance on the application of an exemption by showing that: (A) Such person has no actual knowledge that the facility or community is not or will not be eligible for the exemption claimed; and (B) The owner, operator, or other official representative of the facility or community has stated, formally, in writing, that the facility or community complies with the requirements of the exemption claimed. ance on the application of an exemption by showing that: (A) Such person has no actual knowledge that the facility or community is not or will not be eligible for the exemption claimed; and (B) The owner, operator, or other official representative of the facility or community has stated, formally, in writing, that the facility or community complies with the requirements of the exemption claimed. (8) (a) With respect to "familial status", nothing in this part 5 shall apply to the following: (I) Any single-family house sold or rented by an owner if such private individual owner does not own more than three such single-family houses at any one time. In the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection (8) shall apply only with respect to one such sale within any twenty-four-month period. Such bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be excepted from the application of this subsection (8) only if such house is sold or rented: (A) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and (B) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this section; but nothing in this section shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title. (II) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) For the purposes of paragraph (a) of this subsection (8), a person shall be deemed to be in the business of selling or renting dwellings if: (I) He has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; (II) He has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (III) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. (9) Repealed. (10) (a) Nothing in this part 5 prohibits a seller of property from considering legitimate and nondiscriminatory factors when deciding whether to accept an offer. (b) Nothing in this part 5 prohibits adherence to requirements under 38 CFR 36 that govern the United States department of veterans affairs benefits, including restrictions on options on a home contract, or prohibits inquiry regarding an individual's veteran or military status to the extent necessary to determine if the individual is eligible for a benefit offered to veterans or members of the military. Such adherence does not constitute a violation of this part 5.

C.R.S. § 24-34-502.2 Unfair or discriminatory housing practices against individuals with disabilities prohibited

24-34-502.2. Unfair or discriminatory housing practices against individuals with disabilities prohibited. (1) It is an unfair or discriminatory housing practice and therefore unlawful and prohibited: (a) For a person to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of a buyer or renter, an individual who will reside in the dwelling after it is sold, rented, or made available, or of any individual associated with the buyer or renter; (b) For a person to discriminate against an individual in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a disability of that individual, of any individual residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or of any individual associated with the individual. (2) For purposes of this section, "discrimination" includes both segregate and separate and includes, but is not limited to: (a) A refusal to permit reasonable modifications of existing premises occupied or to be occupied by an individual with a disability if the modifications are necessary to afford the individual with full enjoyment of the premises; (b) A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford the individual with a disability equal opportunity to use and enjoy a dwelling; and (c) In connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is thirty months after the date of enactment of the federal "Fair Housing Amendments Act of 1988", a failure to design and construct those dwellings in such a manner that the public use and common use portions of the dwellings are readily accessible to and usable by individuals with disabilities. At least one building entrance must be on an accessible route unless it is impractical to do so because of the terrain or the unusual characteristics of the site. All doors designed to allow passage into and within all premises within the dwellings must be sufficiently wide to allow passage by individuals with disabilities using mobility devices, and all premises within the dwellings must contain the following features of adaptive design: (I) Accessible routes into and through the dwellings; (II) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (III) Reinforcements in bathroom walls to allow later installation of grab bars; and (IV) Usable kitchens and bathrooms such that an individual using a mobility device can maneuver about the space. (3) Compliance with the appropriate requirements of the "Accessible and Usable Buildings and Facilities" standard, or any successor standard, promulgated and amended from time to time by the international code council (commonly cited as ICC/ANSI A117.1) suffices to satisfy the requirements of subsection (2)(c) of this section. (4) As used in this section, "covered multifamily dwellings" means: (a) Buildings consisting of four or more units if such buildings have one or more elevators; and (b) Ground floor units in other buildings consisting of four or more units.

C.R.S. § 24-34-503 Refusal to show housing

24-34-503. Refusal to show housing. If the charge alleging an unfair housing practice relates to the refusal to show the housing involved, the commission, after proper investigations as set forth in section 24-34-306, may issue its order that the housing involved be shown to the person filing such charge, and, if the respondent refuses without good reason to comply therewith within three days, then the commission or any commissioner may file a petition pursuant to section 24-34-509. The district court shall hear such matters at the earliest possible time, and the court may waive the requirement of security for a petition filed under this section. If the district court finds that the denial to show is based upon an unfair housing practice, it shall order the respondent to immediately show said housing involved and also to make full disclosure concerning the sale, lease, or rental price and any other information being then given to the public.

C.R.S. § 24-34-504 Time limits on filing of charges

24-34-504. Time limits on filing of charges. (1) Any charge alleging a violation of this part 5 shall be filed with the commission pursuant to section 24-34-306 within one year after the alleged unfair housing practice occurred, or it shall be barred. (2) A civil action filed by the attorney general under this section shall be commenced not later than eighteen months after the date of the occurrence or the termination of the alleged discriminatory housing practice. (3) The director, not later than ten days after filing or identifying additional respondents, shall serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this part 5, together with a copy of the original charge. (4) The director shall commence an investigation of any charge filed pursuant to subsection (1) of this section within thirty days of such filing. Within one hundred days after the filing of the charge, the director shall determine, based on the facts, whether probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is impracticable to do so or the director has approved a conciliation agreement with respect to the charge. If the director is unable to complete the investigation within one hundred days after the filing of the charge, the director shall notify the parties of the reasons for not doing so. (4.1) After a determination by the director that probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall issue a notice and complaint as provided in section 24-34-306 (4). After such notice and complaint is issued by the commission, the complainant, respondent, or any aggrieved person on whose behalf the charge was filed may elect to have the claims asserted in the charge decided in a civil action in lieu of an administrative hearing. Such election shall be made in writing within twenty days after receipt of the notice and complaint issued by the commission. The commission shall provide notice of the election to all other parties to whom the notice and complaint relates. (4.2) If all parties agree to have the charges decided in an administrative hearing, the commission shall hold a hearing as provided in section 24-34-306. If any party elects a civil action, the commission shall authorize the attorney general to commence and maintain a civil action in the appropriate state district court to obtain relief with respect to the discriminatory housing practice or practices alleged in the notice and complaint. (4.3) Final administrative disposition of a charge filed pursuant to this section shall be made within one year of the date the charge was filed, unless it is impractical to do so. If the commission is unable to do so, the commission shall notify the complainant and the respondent, in writing, of the reasons that such disposition is impractical. (5) Repealed.

C.R.S. § 24-34-505 Charges by other persons

24-34-505. Charges by other persons. Any person whose employees, agents, employers, or principals, or some of them, refuse or threaten to refuse to comply with the provisions of this part 5 may make, sign, and file with the commission a verified written charge in duplicate asking the commission for assistance to obtain their compliance by conciliation or other remedial action.

C.R.S. § 24-34-505.5 Enforcement by the attorney general

24-34-505.5. Enforcement by the attorney general. (1) Upon timely application, the attorney general may intervene in any civil action filed as provided in section 24-34-505.6 if the attorney general certifies that the case is of general public importance. Upon such intervention, the attorney general may obtain such relief as would be available to the director under section 24-34-306 in a civil action to which such section applies. (2) Whenever the attorney general has probable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this title or that any group of persons has been denied any of the rights granted by this title and such denial raises an issue of general public importance, the attorney general may commence a civil action in any appropriate district court. (3) The attorney general may commence a civil action in any appropriate district court for appropriate relief with respect to: (a) A discriminatory housing practice referred to the attorney general by the commission under section 24-34-306; or (b) Breach of a conciliation agreement referred to the attorney general by the director under section 24-34-506.5. (4) The attorney general, on behalf of the commission, division, or other party at whose request a subpoena is issued under this section, may enforce such subpoena in appropriate proceedings in the district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business. (5) Repealed.

C.R.S. § 24-34-505.6 Enforcement by private persons

24-34-505.6. Enforcement by private persons. (1) Notwithstanding any provision of this article to the contrary, an aggrieved person may commence a civil action in an appropriate United States district court or state district court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this title, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. (2) The computation of such two-year period shall not include any time during which an administrative proceeding under this title was pending with respect to a complaint or charge under this title based upon such discriminatory housing practice. This subsection (2) does not apply to actions arising from a breach of a conciliation agreement. (3) Notwithstanding any provision of this article to the contrary, an aggrieved person may commence a civil action under this section whether or not a charge has been filed under section 24-34-306 and without regard to the status of any such charge, but if the director or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this section by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such charge except for the purpose of enforcing the terms of such an agreement. (4) An aggrieved person may not commence a civil action under this section with respect to an alleged discriminatory housing practice which forms the basis of a complaint issued by the commission if an administrative law judge has commenced a hearing on the record under this title with respect to such complaint. (5) At the request of the aggrieved person, the court may appoint an attorney in accordance with section 24-34-307 (9.5). (6) In addition to the relief which may be granted in accordance with section 24-34-508, the following relief is available: (a) If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages or may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. (b) The court, in its discretion, may allow the prevailing party reasonable attorney fees and costs. (c) Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a charge with the commission or a civil action under this section. (7) Repealed.

C.R.S. § 24-34-506 Probable cause

24-34-506. Probable cause. In making his determination on probable cause under the provisions of section 24-34-306 (2), the director shall find that probable cause exists if upon all the facts and circumstances a person of reasonable prudence and caution would be warranted in a belief that an unfair housing practice has been committed.

C.R.S. § 24-34-506.5 Conciliation agreements

24-34-506.5. Conciliation agreements. (1) A conciliation agreement arising out of a conciliation shall be an agreement between the respondent and the charging party, and shall be subject to approval by the director. (2) A conciliation agreement may provide for binding arbitration of the dispute arising from the charge. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. (3) Each conciliation agreement shall be made public unless the charging party and respondent otherwise agree and the director determines that disclosure is not required to further the purposes of this section. (4) Whenever the director has reasonable cause to believe that a respondent has breached a conciliation agreement, the director shall refer the matter to the attorney general with a recommendation that a civil action be filed under section 24-34-505.5 for the enforcement of such agreement. (5) Repealed.

C.R.S. § 24-34-507 Injunctive relief

24-34-507. Injunctive relief. (1) After the filing of a charge pursuant to section 24-34-306 (1), the commission or a commissioner designated by the commission for that purpose may file in the name of the people of the state of Colorado through the attorney general of the state a petition in the district court of the county in which the alleged unfair housing practice occurred, or of any county in which a respondent resides, seeking appropriate injunctive relief against such respondent, including orders or decrees restraining and enjoining him from selling, renting, or otherwise making unavailable to the complainant any housing with respect to which the complaint is made, pending the final determination of proceedings before the commission under this part 5. (2) Any injunctive relief granted pursuant to this section shall expire by its terms within such time after entry, not to exceed sixty days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. An affidavit of notice of hearing shall forthwith be filed in the office of the clerk of the district court wherein said petition is filed. The procedure for seeking and granting said injunctive relief, including temporary restraining orders and preliminary injunctions, shall be the procedure provided in the rules of civil procedure for courts of record in Colorado pertaining to injunctions, and the district court has power to grant such temporary relief or restraining orders as it deems just and proper. (3) The district court shall hear matters on the request for an injunction at the earliest possible time. (4) If, upon all the evidence at a hearing, the commission finds that a respondent has not engaged in any such unfair housing practice, the district court which has granted temporary relief or restraining orders pursuant to the petition filed by the commission or commissioner shall dismiss such temporary relief or restraining orders. Any person filing a charge alleging an unfair housing practice with the commission, a commissioner, or the attorney general may not thereafter apply, by himself or herself or by his or her attorney-at-law, directly to the district court for any further relief under this part 5, except as provided in section 24-34-307.

C.R.S. § 24-34-508 Relief authorized

24-34-508. Relief authorized. (1) In addition to the relief authorized by section 24-34-306 (9), the commission may order a respondent who has been found to have engaged in an unfair housing practice: (a) To rehire, reinstate, and provide back pay to any employee or agent discriminated against because of his obedience to this part 5; (b) To take affirmative action regarding the granting of financial assistance as provided in section 24-34-502 (1)(b) or the showing, sale, transfer, rental, or lease of housing; (c) To make reports as to the manner of compliance with the order of the commission; (d) To reimburse any person who was discriminated against for any fee charged in violation of this part 5 and for any actual expenses incurred in obtaining comparable alternate housing, as well as any storage or moving charges associated with obtaining such housing; (e) To award actual damages suffered by the aggrieved person and injunctive or other equitable relief; (f) To assess a civil penalty against the respondent in the following amounts: (I) Not to exceed ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (II) Not to exceed twenty-five thousand dollars if the respondent has been adjudged to have committed any other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; (III) Not to exceed fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge. (2) In addition to the relief authorized by the provisions of subsection (1) of this section, an individual with a disability who has suffered an unfair housing practice based on his or her disability is entitled to the relief set forth in section 24-34-802.

C.R.S. § 24-34-509 Enforcement sought by commission

24-34-509. Enforcement sought by commission. Upon refusal by a person to comply with any order, order pursuant to section 24-34-503, or regulation of the commission, the commission has authority to immediately seek an order in the district court enforcing the order or regulation of the commission. Such proceedings shall be brought in the district court in the county in which the respondent resides or transacts business.

C.R.S. § 24-34-601 Discrimination in places of public accommodation - definition

24-34-601. Discrimination in places of public accommodation - definition. (1) As used in this part 6, "place of public accommodation" means any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public, including but not limited to any business offering wholesale or retail sales to the public; any place to eat, drink, sleep, or rest, or any combination thereof; any sporting or recreational area and facility; any public transportation facility; a barber shop, bathhouse, swimming pool, bath, steam or massage parlor, gymnasium, or other establishment conducted to serve the health, appearance, or physical condition of a person; a campsite or trailer camp; a dispensary, clinic, hospital, convalescent home, or other institution for the sick, ailing, aged, or infirm; a mortuary, undertaking parlor, or cemetery; an educational institution; or any public building, park, arena, theater, hall, auditorium, museum, library, exhibit, or public facility of any kind whether indoor or outdoor. "Place of public accommodation" does not include a church, synagogue, mosque, or other place that is principally used for religious purposes. (2) (a) It is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group, because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or, directly or indirectly, to publish, circulate, issue, display, post, or mail any written, electronic, or printed communication, notice, or advertisement that indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation will be refused, withheld from, or denied an individual or that an individual's patronage or presence at a place of public accommodation is unwelcome, objectionable, unacceptable, or undesirable because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry. (b) A claim brought pursuant to paragraph (a) of this subsection (2) that is based on disability is covered by the provisions of section 24-34-802. (2.5) It is a discriminatory practice and unlawful for any person to discriminate against any individual or group because such person or group has opposed any practice made a discriminatory practice by this part 6 or because such person or group has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to this part 6. (3) Notwithstanding any other provisions of this section, it is not a discriminatory practice for a person to restrict admission to a place of public accommodation to individuals of one sex if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation. (4) As used in this section, unless the context otherwise requires, "nonprofit" means any person that is listed as an exempt organization in 26 U.S.C. sec. 501 (c) and that is exempt from taxation pursuant to 26 U.S.C. sec. 501 (a) of the federal "Internal Revenue Code of 1986", as amended. (5) A nonprofit does not directly or indirectly participate or intervene in a political campaign merely by renting out space for a political event at the nonprofit's customary and usual rates.

C.R.S. § 24-34-602 Penalty and civil liability

24-34-602. Penalty and civil liability. (1) (a) Any person who violates section 24-34-601 shall be fined three thousand five hundred dollars for each violation. A person aggrieved by the violation of section 24-34-601 may bring an action in any court of competent jurisdiction in the county where the violation occurred. Upon finding a violation, the court shall order the defendant to pay the fine to the aggrieved party and to comply with the provisions of section 24-34-601. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a person who violates the provisions of section 24-34-601 based on a disability shall be subject to the provisions of section 24-34-802. (2) Repealed. (3) The relief provided by this section is an alternative to that authorized by section 24-34-306 (9), and a person who seeks redress under this section is not permitted to seek relief from the commission.

C.R.S. § 24-34-603 Jurisdiction of county court - trial

24-34-603. Jurisdiction of county court - trial. The county court in the county where the offense is committed shall have jurisdiction in all civil actions brought under this part 6 to recover damages to the extent of the jurisdiction of the county court to recover a money demand in other actions. Either party shall have the right to have the cause tried by jury and to appeal from the judgment of the court in the same manner as in other civil suits.

C.R.S. § 24-34-604 Time limits on filing of charges

24-34-604. Time limits on filing of charges. Any charge filed with the commission alleging a violation of this part 6 shall be filed pursuant to section 24-34-306 within sixty days after the alleged discriminatory act occurred, and if not so filed, it shall be barred.

C.R.S. § 24-34-605 Relief authorized

24-34-605. Relief authorized. In addition to the relief authorized by section 24-34-306 (9), the commission may order a respondent who has been found to have engaged in a discriminatory practice as defined in this part 6 to rehire, reinstate, and provide back pay to any employee or agent discriminated against because of his obedience to this part 6; to make reports as to the manner of compliance with the order of the commission; and to take affirmative action, including the posting of notices setting forth the substantive rights of the public under this part 6.

C.R.S. § 24-34-701 Publishing of discriminative matter forbidden

24-34-701. Publishing of discriminative matter forbidden. (1) A person that is the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, resort, or amusement shall not, directly or indirectly, publish, issue, circulate, send, distribute, give away, or display in any way, manner, or shape or by any means or method, except as provided in this section, any communication, paper, poster, folder, manuscript, book, pamphlet, writing, print, letter, notice, or advertisement of any kind, nature, or description that: (a) Is intended or calculated to discriminate or actually discriminates against any person or class of persons on account of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry in the matter of furnishing or neglecting or refusing to furnish to them or any one of them any lodging, housing, schooling, or tuition or any accommodation, right, privilege, advantage, or convenience offered to or enjoyed by the general public; (b) States that any of the accommodations, rights, privileges, advantages, or conveniences of the place shall or will be refused, withheld from, or denied to any person or class of persons on account of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry; or (c) States that the patronage, custom, presence, frequenting, dwelling, staying, or lodging at the place by any person or class of persons belonging to or purporting to be of any particular disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry is unwelcome or objectionable or not acceptable, desired, or solicited.

C.R.S. § 24-34-702 Presumptive evidence

24-34-702. Presumptive evidence. The production of any such communication, paper, poster, folder, manuscript, book, pamphlet, writing, print, letter, notice, or advertisement, purporting to relate to any such place and to be made by any person being the owner, lessee, proprietor, agent, superintendent, manager, or employee thereof, shall be presumptive evidence in any civil or criminal action or prosecution that the same was authorized by such person.

C.R.S. § 24-34-703 Places of public accommodation - definition

24-34-703. Places of public accommodation - definition. A place of public accommodation has the same meaning as set forth in section 24-34-301.

C.R.S. § 24-34-704 Exceptions

24-34-704. Exceptions. Nothing in this part 7 shall be construed to prohibit the mailing of a private communication in writing sent in response to specific written inquiry.

C.R.S. § 24-34-705 Penalty

24-34-705. Penalty. Any person who violates any of the provisions of this part 7 or who aids in, incites, causes, or brings about in whole or in part the violation of any of such provisions, for each and every violation thereof, commits a class 2 misdemeanor. The penalty provided by this section shall be an alternative to the relief authorized by section 24-34-306 (9), and a person who seeks redress under this section shall not be permitted to seek relief from the commission.

C.R.S. § 24-34-706 Time limits on filing of charges

24-34-706. Time limits on filing of charges. Any charge filed with the commission alleging a violation of this part 7 shall be filed pursuant to section 24-34-306 within sixty days after the alleged discriminatory act occurred, and, if not so filed, it shall be barred.

C.R.S. § 24-34-707 Relief authorized

24-34-707. Relief authorized. In addition to the relief authorized by section 24-34-306 (9), the commission may order a respondent who has been found to have violated any of the provisions of this part 7 to rehire, reinstate, and provide back pay to any employee or agent discriminated against because of his obedience to this part 7; to make reports as to the manner of compliance with the order of the commission; and to take affirmative action, including the posting of notices setting forth the substantive rights of the public under this part 7.

C.R.S. § 24-34-801 Legislative declaration

24-34-801. Legislative declaration. (1) The general assembly declares that it is the policy of the state: (a) To encourage and enable individuals who are visually or hearing impaired or individuals with a disability to participate fully in social, employment, and educational opportunities, as well as other activities in our state on the same terms and conditions as individuals without a disability; (b) That individuals who are visually or hearing impaired or individuals with a disability have the same rights as individuals without a disability to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; (c) That individuals who are visually or hearing impaired or individuals with a disability are entitled to full and equal housing accommodations, facilities, and privileges of all common carriers, airplanes, motor vehicles, trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation, hotels, motels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, including restaurants and grocery stores; and (d) That individuals who are visually or hearing impaired or individuals with a disability must not be excluded, by reason of his or her disability, from participation in or be denied the benefits of the services, programs, or activities of any public entity or be subject to discrimination by any public entity. (2) Repealed.

C.R.S. § 24-34-802 Violations - penalties - immunity - repeal

24-34-802. Violations - penalties - immunity - repeal. (1) (a) It is a discriminatory practice and unlawful for any person, as defined in section 24-34-301, to discriminate against an individual or group of individuals because the person has opposed any practice, made a discriminatory practice based on disability pursuant to part 5, 6, or 8 of this article 34, or because the person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to part 5, 6, or 8 of this article 34. (b) An individual with a disability, as defined in section 24-34-301, must not, by reason of the individual's disability, be excluded from participation in or be denied the benefits of services, programs, or activities provided by a place of public accommodation, as defined in section 24-34-601 (1), a public entity, as defined in section 24-34-301, or a state agency, as defined in section 24-37.5-102, or be subjected to discrimination by any such place of public accommodation, public entity, or state agency. (c) (I) Except as provided in subsection (1)(c)(II) of this section, discrimination pursuant to this section includes the failure of a public entity or state agency, as those terms are defined in section 24-34-301, to fully comply, on or before July 1, 2024, with the accessibility standards for individuals with a disability established by the office of information technology pursuant to section 24-85-103. Liability for noncompliance as to content lies with the public entity or state agency that manages the content. Liability for noncompliance of the platform hosting the content lies with the public entity or state agency that manages the platform. (II) (A) A public entity or state agency is immune from liability for a violation of subsection (1)(c)(I) of this section until July 1, 2025, if the public entity or state agency demonstrates good faith efforts toward compliance with the accessibility standards established pursuant to section 24-85-103 or, as necessary, makes good faith efforts toward resolution of a complaint of noncompliance. To be eligible for the immunity authorized pursuant to this subsection (1)(c)(II), by July 1, 2024, a public entity's or state agency's good faith efforts must include creating a progress-to-date report that demonstrates concrete and specific efforts toward compliance on the entity's or agency's front-facing web pages; updating the report on a quarterly basis; and creating a clear, easy-to-find process for requesting redress for inaccessible digital products, including contact options that are not dependent on web access or digital accessibility and are prominently displayed on all front-facing web pages. (B) If a civil action is filed pursuant to this subsection (1)(c) and a public entity or state agency alleges that it has made good faith efforts pursuant to this subsection (1)(c)(II), the court in which the civil action was filed shall determine, based on a preponderance of the evidence, whether the public entity or state agency has made good faith efforts, and, if the court determines that good faith efforts have been made, the court shall dismiss the action without prejudice. (C) This subsection (1)(c)(II) is repealed, effective July 1, 2025. (2) (a) An individual with a disability, as defined in section 24-34-301, who is subject to a violation of subsection (1) of this section or of section 24-34-502, 24-34-502.2, 24-34-601, or 24-34-803 based on the individual's disability may bring a civil suit in a court of competent jurisdiction and is entitled to a court order requiring compliance with the provisions of the applicable section and either of the following remedies: (I) Repealed. (II) The recovery of actual monetary damages; or (III) A statutory fine of three thousand five hundred dollars, payable to each plaintiff for each violation. the individual's disability may bring a civil suit in a court of competent jurisdiction and is entitled to a court order requiring compliance with the provisions of the applicable section and either of the following remedies: (I) Repealed. (II) The recovery of actual monetary damages; or (III) A statutory fine of three thousand five hundred dollars, payable to each plaintiff for each violation. (b) For a claim brought pursuant to section 24-85-103 for a violation of accessibility standards, the violation must be considered a single incident and not as separate violations if the violation occurred on a single digital product, including a website or an application. (c) For a claim brought pursuant to subsection (2)(a) of this section for a construction-related accessibility violation, the violation must be considered a single incident and not as separate violations for each day the construction-related accessibility violation exists. (d) (I) A small business defendant is entitled to a fifty percent reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of this section if it corrects the accessibility violation within thirty days after the filing of the complaint. The fifty percent reduction in a statutory fine does not apply, however, if the defendant knowingly or intentionally made or caused to have made the access barrier that caused the accessibility violation. (II) For purposes of this subsection (2)(d), "small business" means an employer with twenty-five or fewer employees and no more than three million five hundred thousand dollars in annual gross income. (III) Nothing in this subsection (2)(d) may be interpreted to result in a reduction in actual monetary damages awarded pursuant to subsection (2)(a)(II) of this section. (3) An award of attorney fees and costs pursuant to section 24-34-505.6 (6)(b) applies to claims brought pursuant to this section. (4) A court that hears civil suits pursuant to this section shall apply the same standards and defenses that are available under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations. (5) An agency in the state with the authority to promulgate rules related to protections for persons with disabilities shall not promulgate a rule that provides less protection than that provided by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.

C.R.S. § 24-34-803 Rights of individuals with service animals

24-34-803. Rights of individuals with service animals. (1) A qualified individual with a disability has the right to be accompanied by a service animal individually trained for that individual without being required to pay an extra charge for the service animal in or on the following places or during the following activities and subject to the conditions and limitations established by law and applicable alike to all individuals: (a) Any place of employment, housing, or public accommodation; (b) Any programs, services, or activities conducted by a public entity; (c) Any public transportation service; or (d) Any other place open to the public. (2) A trainer of a service animal, or an individual with a disability accompanied by an animal that is being trained to be a service animal, has the right to be accompanied by the service animal in training without being required to pay an extra charge for the service animal in training in or on the following places or during the following activities: (a) Any place of employment, housing, or public accommodation; (b) Any programs, services, or activities conducted by a public entity; (c) Any public transportation service; or (d) Any other place open to the public. (3) (a) An employer shall allow an employee with a disability who is accompanied by a service animal to keep the employee's service animal with the employee at all times in the place of employment. An employer shall not fail or refuse to hire or discharge any individual with a disability, or otherwise discriminate against any individual with a disability, with respect to compensation, terms, conditions, or privileges of employment because that individual with a disability is accompanied by a service animal individually trained for that individual. (b) An employer shall make reasonable accommodation to make the workplace accessible for an otherwise qualified individual with a disability who is an applicant or employee and who is accompanied by a service animal individually trained for that individual unless the employer can show that the accommodation would impose an undue hardship on the employer's business. For purposes of this paragraph (b), "undue hardship" and "reasonable accommodation" have the same meaning as set forth in Title I of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec 12101 et seq., and its related amendments and implementing regulations. (4) The owner or individual with a disability who has control or custody of a service animal or the trainer of a service animal is liable for any damage to persons, premises, or facilities, including places of housing, places of public accommodation, and places of employment, caused by that individual's service animal or service animal in training. The individual who has control or custody of a service animal or a service animal in training is subject to the provisions of section 18-9-204.5, C.R.S. (5) An individual with a disability who owns a service animal is exempt from any state or local licensing fees or charges that might otherwise apply in connection with owning a similar animal. (6) The mere presence of a service animal in a place of public accommodation is not grounds for any violation of a sanitary standard, rule, or regulation promulgated pursuant to section 25-4-1604, C.R.S.

C.R.S. § 24-34-804 Service animals - violations - penalties

24-34-804. Service animals - violations - penalties. (1) It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to: (a) Withhold, deny, deprive, or attempt to withhold, deny, or deprive a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal of any of the rights or privileges secured in section 24-34-803; (b) Threaten to interfere with any of the rights of a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal secured in section 24-34-803; (c) Punish or attempt to punish a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal for exercising or attempting to exercise any right or privilege secured by section 24-34-803; or (d) Interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm, a service animal. (2) (a) Any person who violates subsection (1)(a), (1)(b), or (1)(c) of this section commits a petty offense and shall be punished as provided in section 18-1.3-503. (b) Any person who violates subsection (1)(d) of this section commits a class 2 misdemeanor. (3) (a) (I) Except as provided for in subparagraphs (II) and (III) of this paragraph (a), a person who violates any provision of subsection (1) of this section is liable to the qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal whose rights were affected for the penalties provided in section 24-34-802. (II) A person who willfully or wantonly causes harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages. (III) The legal owner of an animal that is willfully or wantonly allowed to cause harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages. (b) In any action commenced pursuant to this subsection (3), a court may award costs and reasonable attorney fees. (c) An animal care or control agency is exempt from the provisions of this subsection (3) if, after a good-faith effort, the agency is unaware that the animal is a service animal. (4) Nothing in this section is intended to interfere with remedies or relief that any person might be entitled to pursuant to parts 3 to 7 of this article.

C.R.S. § 24-34-805 Family preservation safeguards for families that include a parent with a disability - protections - legislative declaration - definitions

24-34-805. Family preservation safeguards for families that include a parent with a disability - protections - legislative declaration - definitions. (1) (a) The general assembly finds and declares that: (I) Persons with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well as antiquated attitudes, regarding their ability to successfully parent their children; (II) Persons with disabilities have faced these biases and preconceived attitudes in family and dependency law proceedings concerning parental responsibilities and parenting time decisions, public and private adoptions, guardianship, and foster care; (III) Because of these societal biases and antiquated attitudes, children of persons with disabilities historically have been vulnerable to unnecessary removal from one or both of their parents' care or are restricted from enjoying meaningful time with one or both parents; and (IV) Children have been denied the opportunity to enjoy the experience of living in loving homes with a parent or parents with a disability or other caretakers with a disability. (b) Therefore, the general assembly declares that to protect the best interests of children who are parented by persons with disabilities or children who could be parented by persons with disabilities: (I) Procedural safeguards are required in adherence to the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations; and (II) It is necessary to have respect for the due process and equal protection rights of parents and prospective parents with disabilities in the context of child welfare, foster care, family law, guardianship, and adoption. (2) Achieving the goal of family preservation for a parent or prospective parent with a disability includes the following requirements: (a) A parent's disability alone must not serve as a basis for denial or restriction of parenting time or parental responsibilities in: (I) A domestic law proceeding pursuant to title 14, without a clear nexus to the parent's ability to meet the needs of the child; (II) A minor guardianship proceeding pursuant to title 15, without a clear nexus to the parent's ability to meet the needs of the child; or (III) A dependency and neglect proceeding pursuant to title 19, except when it impacts the health or welfare of a child; (b) A prospective adoptive parent's disability alone must not serve as a basis for the denial of his or her participation in a public or private adoption pursuant to article 5 of title 19 unless it would impact the health or welfare of a child; (c) An individual's disability alone must not serve as a basis for the denial of temporary custody or foster care of a minor, except when it impacts the health or welfare of a child; (d) In a case brought pursuant to title 14, a minor guardianship proceeding pursuant to title 15, or article 4 of title 19: (I) Where a parent's or prospective guardian's disability is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving, by a preponderance of the evidence, that the behavior or behaviors of the parent or prospective parent are contrary to the child's best interest; and (II) If the burden of proof required pursuant to subsection (2)(d)(I) of this section is met, the parent or prospective guardian with a disability must be given the opportunity to demonstrate how the implementation of supportive parenting services can alleviate any concerns that have been raised. The court may require that such supportive parenting services be provided or implemented, given the resources of the family, with an opportunity to review the need for continuation of such services within a reasonable period of time. th a disability must be given the opportunity to demonstrate how the implementation of supportive parenting services can alleviate any concerns that have been raised. The court may require that such supportive parenting services be provided or implemented, given the resources of the family, with an opportunity to review the need for continuation of such services within a reasonable period of time. (e) In a dependency and neglect case brought pursuant to title 19, when a respondent parent's disability is alleged to impact the health or welfare of a child, the court shall find whether reasonable accommodations and modifications, as required by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, were provided to avoid nonemergency removal on the basis of disability. (f) In a case brought pursuant to title 14, a minor guardianship proceeding pursuant to title 15, or articles 4 and 5 of title 19, if a court determines that the right of a parent or prospective guardian with a disability to parenting time, parental responsibilities, guardianship, or adoption should be denied, restricted, or conditioned in any manner, the court shall make specific findings of fact and law stating the basis for such a determination and why the provision of supportive parenting services is not a reasonable accommodation or remedy to prevent the denial or limitation. (3) As used in this section, unless the context otherwise requires: (a) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations. (b) "Supportive parenting services" means the provision of reasonable accommodations and modifications as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, and are directly related to a disability and that enable a parent with a disability to safely fulfill parental responsibilities. (4) The short title of this section is the "Carrie Ann Lucas Parental Rights for People with Disabilities Act".

C.R.S. § 24-34-806 Testing accommodations for Coloradans with disabilities - right of action - legislative declaration - definitions

24-34-806. Testing accommodations for Coloradans with disabilities - right of action - legislative declaration - definitions. (1) (a) The general assembly finds that: (I) Licensing exams are gateways to employment opportunities; (II) When an individual is attempting to obtain a professional license or certification for a trade, it is difficult to achieve such goals without sitting for some kind of licensing exam; (III) While many testing entities have made efforts to ensure equal opportunity for individuals with disabilities, disabled Coloradans continue to question and make complaints about testing entities' excessive and burdensome documentation demands, failures to provide necessary testing accommodations, failures to respond to requests for testing accommodations in a timely manner, and failures to recognize the diagnoses or recommendations provided by an individual's medical or psychological provider; (IV) The federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, ensures that individuals with disabilities have the opportunity to fairly compete for and pursue career opportunities by requiring standardized examination entities to offer exams in a manner that is accessible to persons with disabilities. When needed testing accommodations are provided, a test-taker can demonstrate the test-taker's true aptitude. (V) Yet, Coloradans with disabilities are being denied the testing accommodations they need, and previously received, unless they undergo additional and costly diagnostic testing or psychological assessment. These denials result in disabled Coloradans either taking the licensing exam without the necessary testing accommodation or spending thousands of dollars on the requested diagnostic testing or psychological assessment in order to take the exam or test with the same testing accommodation they previously received. (b) Therefore, the general assembly declares that Coloradans with disabilities must be able to receive the testing accommodations they need to adequately demonstrate their aptitude without having to first undergo additional diagnostic testing or psychological assessments if the testing accommodation they are requesting is the same testing accommodation they received previously or is in line with a medical or psychological provider's professional recommendation or diagnosis. (2) As used in this section, unless the context otherwise requires: (a) "Licensing exam" means a test that requires, in a given test administration, all test-takers to answer the same questions, in the same way; is scored in a standard or consistent manner; and is required for a professional or trade certification or licensure. (b) "Testing accommodation" means a change to the regular testing environment or the permitted use of an auxiliary aid or service that allows an individual with a disability to demonstrate the individual's true aptitude or achievement level on a licensing exam test and includes, but is not limited to, the following: (I) Braille or large-print exam booklets; (II) Screen-reading technology; (III) Scribes to transfer answers to bubble sheets or record dictated notes and essays; (IV) Extended time; (V) Breaks during an exam that are not counted in the total exam time; (VI) Wheelchair-accessible testing stations; (VII) To the extent possible, rooms that eliminate visual and auditory distractions; (VIII) Physical prompts for individuals with hearing impairments; and (IX) Permission to bring and take prescribed medication during the exam. ord dictated notes and essays; (IV) Extended time; (V) Breaks during an exam that are not counted in the total exam time; (VI) Wheelchair-accessible testing stations; (VII) To the extent possible, rooms that eliminate visual and auditory distractions; (VIII) Physical prompts for individuals with hearing impairments; and (IX) Permission to bring and take prescribed medication during the exam. (c) "Testing entity" means a private entity of this state or a state or local governmental entity of this state that offers an exam related to licensing or certification for professional or trade purposes and has control over testing accommodation decisions. (3) (a) A testing entity must grant an individual's request for a testing accommodation on a licensing exam if the individual: (I) Has a disability that is recognized under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; (II) Provides proof of having received the previous testing accommodation due to the individual's disability on a past standardized exam or high-stakes test; (III) Provides a recommendation letter from the individual's treating medical professional that recommends the accommodations requested by the individual. The recommendation letter must be signed and dated by the treating medical professional making the recommendation; and (IV) Requests the same testing accommodation that the individual previously received on another standardized exam or high-stakes test. (b) If the individual meets the requirements specified in subsection (3)(a) of this section, the testing entity must not require the individual to provide additional documentation or undergo diagnostic testing or a psychological assessment to further support the individual's request for a testing accommodation. (4) An individual adversely affected or aggrieved by a testing entity's decision regarding the individual's request for a testing accommodation pursuant to this section may bring a civil action against the testing entity in a court of competent jurisdiction for a willful violation of this section and is entitled to the following remedies: (a) The relief set forth in section 24-34-802 (2); and (b) An award of attorney fees and costs. (5) Upon receipt of a complaint for a violation of this section, the attorney general may investigate the violation. If the attorney general finds that a testing entity has violated or is violating this section, the attorney general may bring a civil action against the testing entity in a court of competent jurisdiction for a willful violation of this section. (6) This section does not require a testing entity to provide accommodations to an individual with a disability if the accommodation would constitute a fundamental alteration or undue burden as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.

C.R.S. § 24-34-901 Proposed continuing education requirements for regulated occupations and professions - review by office of executive director

24-34-901. Proposed continuing education requirements for regulated occupations and professions - review by office of executive director. (1) Before any bill is introduced in the general assembly that contains, or any bill is amended to contain, a mandatory continuing education requirement for any occupation or profession, the practice of which requires a state of Colorado license, certificate, or registration, the group or association proposing such mandatory continuing education requirement shall first submit information concerning the need for such a requirement to the office of the executive director of the department of regulatory agencies. The executive director shall impartially review such evidence, analyze and evaluate the proposal, and report in writing to the general assembly whether mandatory continuing education would likely protect the public served by the practitioners. Proposals may include, but need not be limited to: Information that shows that the knowledge base for the profession or occupation is changing; that mandatory continuing education of this profession or occupation is required in other states; if applicable, that any independent studies have shown that mandatory continuing education is effective in assuring the competency of practitioners. The proposal may also include any assessment tool that shows the effectiveness of mandatory continuing education and recommendations about sanctions that should be included for noncompliance with the requirement of mandatory continuing education. The provisions of this section shall not be applicable to: (a) Any profession or occupation that, as of July 1, 1991, has mandatory continuing education requirements in place; (b) Any bill that is introduced as a result of a legislative interim committee and that as introduced in the general assembly includes a mandatory continuing education requirement. (2) This section is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirement of this section shall remain in effect until changed by the general assembly acting by bill.

C.R.S. § 24-34-1001 Legislative declaration

24-34-1001. Legislative declaration. (1) The general assembly finds and declares that: (a) Approximately twenty percent of Coloradans live with a disability; (b) Colorado is committed to protecting the civil rights of persons with disabilities; and (c) Protection from discrimination and basic access to government services, housing, employment, and recreation are important for the well-being of Coloradans with disabilities. (2) Therefore, the general assembly determines it is in the best interests of all Coloradans, and especially Coloradans living with disabilities, to form several groups to study and make recommendations for change on issues related to civil rights and basic accessibility for persons with disabilities.

C.R.S. § 24-34-1002 Definitions

24-34-1002. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Adaptive outdoor recreation user" means a person with a disability who uses the Colorado outdoors, including but not limited to those persons using ski areas and persons using adaptive or specialized recreation equipment. (2) "Basic access", or "basic accessibility", constitute public safety issues and mean the general practice of making information, activities, and environments sensible, meaningful, usable, and safe for as many people as possible. (3) "Colorado outdoors" means Colorado's open spaces, state parks, public lands, and any other outdoor recreation areas open to the public in the state. (4) "Commission" means the Colorado civil rights commission created in section 24-34-303. (5) "Government subcommittee" means the subcommittee created in section 24-34-1007 to study and make recommendations related to physical and programmatic basic accessibility within state and local government. (6) "Housing subcommittee" means the subcommittee created in section 24-34-1006 to study and make recommendations related to the affordability, accessibility, and attainability of housing for persons with disabilities. (7) "Outdoors subcommittee" means the subcommittee created in section 24-34-1005 to study and make recommendations related to basic access to the Colorado outdoors for persons with disabilities. (8) "Rewrite subcommittee" means the subcommittee created in section 24-34-1004 to study and make recommendations concerning the various issues related to the rewrite and modernization of the Colorado Revised Statutes concerning civil rights for persons with disabilities. (9) "Task force" means the task force on the rights of Coloradans with disabilities created in section 24-34-1003.

C.R.S. § 24-34-1003 Task force on the rights of Coloradans with disabilities - creation - membership - report

24-34-1003. Task force on the rights of Coloradans with disabilities - creation - membership - report. (1) There is created in the commission the task force on the rights of Coloradans with disabilities. The mission of the task force is to bring together the appropriate stakeholders, experts, and impacted groups to study and make recommendations concerning issues related to persons with disabilities. The task force shall create subcommittees to study and report findings on the following issues: (a) Rewriting and modernizing the Colorado Revised Statutes concerning civil rights for persons with disabilities; (b) Basic access to the Colorado outdoors for persons with disabilities; (c) The affordability, accessibility, and attainability of housing for persons with disabilities; (d) Physical and programmatic basic access within state and local government; and (e) Any other issue related to accessibility and the civil rights of persons with disabilities. (2) The task force includes the following members, appointed on or before August 1, 2023: (a) The lieutenant governor, or the lieutenant governor's designee, who is a non-voting member except as necessary to break a tie; (b) Four voting members who are either from a disability rights advocacy organization or a veterans service organization that serves veterans with a disability. The speaker of the house of representatives, the president of the senate, the minority leader of the house of representatives, and the minority leader of the senate shall each appoint one voting member. (c) Four voting members as appointed by the governor; and (d) Subject matter experts must be allowed to participate in task force discussions upon the invitation of the task force. The subject matter experts presence is not required or included in determining a quorum of the task force. The subject matter experts must include, but need not be limited to: (I) Representation from the department of local affairs; (II) Representation from the division of housing within the department of local affairs; (III) Representation from the department of regulatory agencies; (IV) Representation from the Colorado civil rights commission; (V) Representation from the Colorado office of economic development and international trade; (VI) Representation from the office of state planning and budgeting; (VII) Representation from varying advocacy organizations as deemed appropriate; (VIII) Disability law experts; (IX) Other legal experts; and (X) Persons who represent Colorado's federal partners. (3) The task force shall create the subcommittees identified in sections 24-34-1004 to 24-34-1007, and the governor shall make appointments to each subcommittee, based on recommendations from the task force. Each subcommittee shall make separate reports on its findings and recommendations and provide the reports to the task force. (4) The task force shall produce a final report, including recommendations, and submit it to the governor and general assembly on or before January 30, 2025. The task force shall consider the reports of the subcommittees but is not bound by any findings or conclusions of any subcommittee in producing its final report. (5) The task force may employ one-and-a-half full-time employees and contract with a vendor to facilitate and assist with the operations and duties of the task force and subcommittees. Task force members and subcommittee members may receive per diem compensation and may be reimbursed for actual and necessary expenses incurred while on official task force or subcommittee business, as provided in section 12-20-103 (6).

C.R.S. § 24-34-1004 Subcommittee on the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities - membership - purpose - reporting

24-34-1004. Subcommittee on the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities - membership - purpose - reporting. (1) On or before September 15, 2023, the task force shall create the subcommittee on the rewrite and modernization of the Colorado Revised Statutes concerning the civil rights of persons with disabilities. The purpose of the rewrite subcommittee is to study the current Colorado Revised Statutes concerning the civil rights of persons with disabilities and make recommendations for a thorough revision and rewrite to improve clarity, ensure the civil rights of Coloradans are protected, and ensure the protections are enforceable. (2) The rewrite subcommittee must, at a minimum, include representation from disability advocates and government representatives with legal expertise, appointed by the governor, based on recommendations from the task force. At a minimum, the rewrite subcommittee includes: (a) Four members who represent disability rights advocacy organizations, with at least two members who are individuals living with a disability, including: (I) Two attorneys with litigation experience; (II) One member without litigation experience; and (III) One member who represents a veterans service organization that serves veterans with a disability. (b) Four members who represent government and business community interests. (3) The rewrite subcommittee shall submit an initial report with its findings and recommendations to the task force on or before December 1, 2023, and a final report to the task force on or before December 1, 2024. The report must include, at a minimum, recommendations for clarity and improvement of the Colorado Revised Statutes concerning the civil rights of persons with disabilities; a discussion of damages for emotional distress for persons subject to discrimination; and considerations for public entities and private businesses, including sizes of entities and general clarity on requirements, to comply with the Colorado Revised Statutes concerning the civil rights of persons with disabilities.

C.R.S. § 24-34-1005 Subcommittee on basic access to Colorado outdoors for persons with disabilities - membership - purpose - reporting

24-34-1005. Subcommittee on basic access to Colorado outdoors for persons with disabilities - membership - purpose - reporting. (1) On or before October 30, 2023, the task force shall create the subcommittee on basic access to the Colorado outdoors for persons with disabilities. The purpose of the outdoors subcommittee is to identify barriers to basic access to and the enjoyment of the Colorado outdoors for persons with disabilities and to make recommendations for addressing those barriers. (2) The outdoors subcommittee must, at a minimum, include representation from disability advocates, athletes and outdoor enthusiasts with disabilities, and government representatives from appropriate agencies. Individuals are appointed by the governor based on recommendations from the task force and at a minimum, the outdoors subcommittee includes: (a) Four members who represent adaptive outdoor recreation users, adaptive outdoor recreation programs, and adaptive trails; veteran service organizations that serve veterans with a disability; and disability rights advocacy organizations; and (b) Four members who represent Colorado's outdoor recreation industry and appropriate government agencies. (3) The outdoors subcommittee shall submit a report with its findings and recommendations, including recommendations on best practices and guidance for creating basic access to Colorado outdoor spaces for people with disabilities, to the task force on or before December 1, 2024.

C.R.S. § 24-34-1006 Subcommittee on affordability, accessibility, and attainability of housing for persons with disabilities - membership - purpose - reporting

24-34-1006. Subcommittee on affordability, accessibility, and attainability of housing for persons with disabilities - membership - purpose - reporting. (1) On or before October 30, 2023, the task force shall create the subcommittee on the affordability, accessibility, and attainability of housing for persons with disabilities. The purpose of the housing subcommittee is to identify barriers to securing and enjoying secure and affordable, accessible, and attainable housing for persons with disabilities and to make recommendations for addressing those barriers. (2) The governor shall appoint members to the housing subcommittee based on recommendations from the task force. The housing subcommittee includes, at a minimum: (a) Four members who represent disability rights advocacy organizations and veterans service organizations that serve disabled veterans; and (b) Four members who represent the Colorado housing industry and appropriate government agencies. (3) The housing subcommittee shall submit a report with its findings and recommendations outlining the current need for and inventory of accessible housing in Colorado, the projected increased need for accessible housing in the next decade, and recommendations to meet future housing demand, including financing for low-income housing development and any statutory requirements, to the task force on or before December 1, 2024.

C.R.S. § 24-34-1007 Subcommittee on physical and programmatic basic access within state and local government for persons with disabilities - membership - purpose - reporting

24-34-1007. Subcommittee on physical and programmatic basic access within state and local government for persons with disabilities - membership - purpose - reporting. (1) On or before October 30, 2023, the task force shall create the subcommittee on physical and programmatic basic access within state and local government for persons with disabilities. The purpose of the government subcommittee is to study and make recommendations on issues to ensure people with disabilities have access to the services they need, are able to effectively participate in public discussion, are able to be employed by governmental agencies, and can run for and effectively serve in elected positions. (2) The government subcommittee must, at a minimum, include representation from disability advocates. The governor shall appoint members to the government subcommittee based on recommendations from the task force and shall appoint more members who represent disability advocates than members who represent government agencies. At a minimum, the government subcommittee includes: (a) Four members who represent disability rights advocacy organizations and veterans service organizations that serve veterans with disabilities; and (b) Four members who represent local and state government. (3) The government subcommittee shall submit a report with its findings and recommendations to the task force on or before December 1, 2024.

C.R.S. § 24-34-1008 Repeal of part

24-34-1008. Repeal of part. This part 10 is repealed, effective June 30, 2025.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026