Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0043.03 Bart Miller x2173    HOUSE BILL 16-1107
                    HOUSE SPONSORSHIP
 Joshi, Humphrey, Landgraf
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning time frames for disciplinary proceedings within
            the department of regulatory agencies.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law contains no time limitations for administrative
       complaints against persons regulated by the department of regulatory
       agencies. The bill enacts a 7-year time limit on administrative complaints
       against persons regulated by the department of regulatory agencies. The
       bill also requires the professions and occupations licensing authorities in
       the department of regulatory agencies to render a final decision in a
       disciplinary proceeding against a person regulated by the department of
       regulatory agencies within 2 years after the making of a motion,
       commencement of an investigation, or filing of a complaint.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 24-4-102, add (13.5)
       as follows:
            24-4-102.  Definitions. As used in this article, unless the context
       otherwise requires:
            (13.5)  "Professions and occupations licensing authority"
       means any agency in the department of regulatory agencies.
            SECTION 2.  In Colorado Revised Statutes, 24-4-104, add (5.5)
       as follows:
            24-4-104.  Licenses - issuance, suspension or revocation,
       renewal - department of regulatory agencies disciplinary proceedings
       - time frames. (5.5) (a) (I)  For a claim before a professions and
       occupations licensing authority concerning a person eighteen
       years of age or older, a professions and occupations licensing
       authority shall make a motion or commence an investigation or
       a person shall file a complaint within seven years after the
       alleged action or failure to act.
            (II)  For a claim before a professions and occupations
       licensing authority concerning a person under eighteen years of
       age, the professions and occupations licensing authority shall
       make a motion or commence an investigation or a person shall
       file a complaint within seven years after the person's eighteenth
       birthday.
            (b)  The professions and occupations licensing authority
       shall render a final decision within two years after the making
       of a motion, commencing of an investigation, or filing of a
       complaint.
            SECTION 3.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 10, 2016, if adjournment sine die is on May 11,
       2016); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2016 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to disciplinary proceedings before agencies in
       the department of regulatory agencies on or after the applicable effective
       date of this act.