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Colorado Revised Statutes 2016TITLE 24GOVERNMENT - STATEADMINISTRATIONARTICLE 1Administrative Organization Act of 196824-1-101. Legislative declaration. The general assembly declares that this article isnecessary to create a structure of state government which will be responsive to the needs of thepeople of this state and sufficiently flexible to meet changing conditions; to strengthen the powersof the governor and provide a reasonable span of administrative and budgetary controls within anorderly organizational structure of state government; to strengthen the role of the general assemblyin state government; to encourage greater participation of the public in state government; to effectthe grouping of state agencies into a limited number of principal departments primarily accordingto function; and to eliminate overlapping and duplication of effort. It is the intent of the generalassembly to provide for an orderly transfer of powers, duties, and functions of the various stateagencies to such principal departments with a minimum of disruption of governmental services andfunctions and with a minimum of expense. To the ends stated in this section, this article shall beliberally construed.24-1-102. Short title. This article shall be known and may be cited as the "AdministrativeOrganization Act of 1968".24-1-103. Head of department defined. When the term "head of a principal department"is used in this article, it means the head of one of the principal departments created by this article.Unless the head of a principal department is a state elected official, he shall have the title ofexecutive director of the department or such other title as specifically designated by this article.24-1-104. Policy-making authority and administrative powers of governor - delegation.Colorado Revised Statutes 20161Uncertified Printout
(Repealed)24-1-105. Types of transfers. (1) Under this article, a type 1 transfer means the transferringintact of an existing department, institution, or other agency, or part thereof, to a principaldepartment established by this article. When any department, institution, or other agency, or partthereof, is transferred to a principal department under a type 1 transfer, that department, institution,or other agency, or part thereof, shall be administered under the direction and supervision of thatprincipal department, but it shall exercise its prescribed statutory powers, duties, and functions,including rule-making, regulation, licensing, and registration, the promulgation of rules, rates,regulations, and standards, and the rendering of findings, orders, and adjudications, independentlyof the head of the principal department. Under a type 1 transfer, any powers, duties, and functionsnot specifically vested by statute in the agency being transferred, including, but not limited to, allbudgeting, purchasing, planning, and related management functions of any transferred department,institution, or other agency, or part thereof, shall be performed under the direction and supervisionof the head of the principal department.(2) Under this article, a type 2 transfer means the transferring of all or part of an existingdepartment, institution, or other agency to a principal department established by this article. Whenall or part of any department, institution, or other agency is transferred to a principal departmentunder a type 2 transfer, its statutory authority, powers, duties, and functions, records, personnel,property, and unexpended balances of appropriations, allocations, or other funds, including thefunctions of budgeting, purchasing, and planning, are transferred to the principal department.(3) Under this article, a type 3 transfer means the abolishing of an existing department,institution, or other agency and the transferring of all or part of its powers, duties, functions, records,personnel, property, and unexpended balances of appropriations, allocations, or other funds to aprincipal department as specified under this article.(4) When any department, institution, or other agency, or part thereof, is transferred by atype 2 or type 3 transfer to a principal department under the provisions of this article, its prescribedpowers, duties, and functions, including rule-making, regulation, licensing, promulgation of rules,rates, regulations, and standards, and the rendering of findings, orders, and adjudications aretransferred to the head of the principal department into which the department, institution, or otheragency, or part thereof, has been transferred.24-1-106. Agencies not enumerated - continuation. Any board, commission, advisoryboard, or other entity not enumerated in this article, but established by law within or as advisory toan existing department, institution, or other agency shall continue to exercise all its powers, duties,and functions within or as advisory to such department, institution, or other agency under theprincipal department and the type of transfer to which such department, institution, or other agencyis transferred under this article.24-1-107. Internal organization of department - allocation and reallocation of powers,Colorado Revised Statutes 20162Uncertified Printout
duties, and functions - limitations. In order to promote economic and efficient administration andoperation of a principal department and notwithstanding any other provisions of law, except asprovided in section 24-1-105, the head of a principal department, with the approval of the governor,may establish, combine, or abolish divisions, sections, and units other than those specifically createdby law and may allocate and reallocate powers, duties, and functions to divisions, sections, and unitsunder the principal department, but no substantive function vested by law in any officer, department,institution, or other agency within the principal department shall be removed from the jurisdictionof such officer, department, institution, or other agency under the provisions of this section.24-1-107.5. Nonprofit entities created or supported by state agencies and state-levelauthorities - requirements - legislative declaration. (1) The general assembly hereby finds anddeclares that:(a) State agencies and state-level authorities currently benefit from working with nonprofitentities in a variety of areas, including contracting with nonprofit entities to obtain goods or services,developing working relationships with nonprofit entities to further an agency's or authority's goalsand objectives, and using nonprofit entities to obtain gifts, bequests, or donations;(b) Although state agencies also benefit from the ability to create nonprofit entities to assistthem in carrying out their statutory powers and duties, the expenditure of state revenues throughnonprofit entities created by state agencies hampers the general assembly's ability to adequatelyperform its duties of monitoring state revenues and ensuring that sufficient revenues are availablefor appropriations to the executive, legislative, and judicial branches of government;(c) In order for the general assembly to carry out its duties to plan for and monitor staterevenues, it is the intent of the general assembly to establish specific statutory requirements for thecreation of nonprofit entities by state agencies to perform their statutory powers and duties and toestablish accountability requirements for certain nonprofit entities formed for the benefit of stateagencies; and(d) It is the further intent of the general assembly to:(I) Monitor the creation of nonprofit entities by state-level authorities where the creation ofsuch entities could affect the purpose for which such authorities were established by imposingspecific reporting requirements upon those authorities intending to create such entities; and(II) Retain the laws applicable to the separate identity of nonprofit entities created by or onbehalf of state agencies.(2) (a) (I) Except as otherwise provided in subsection (3) of this section, commencing July1, 1999, no state agency or employee or agent acting on behalf of such agency shall establish anonprofit entity without specific statutory authority if:(A) The purpose of establishing a nonprofit entity is to carry out the governmental functionsof the state agency; and(B) The state agency or an employee or agent acting on behalf of such agency has actualcontrol over the management and internal operations of the nonprofit entity.(II) The provisions of this paragraph (a) shall not limit:(A) The office of the governor;(B) State-supported institutions of higher education from using nonprofit entities, such asColorado Revised Statutes 20163Uncertified Printout
foundations, institutes, or similar organizations, as authorized in section 23-5-112, C.R.S.;(C) State-supported institutions of higher education from issuing revenue bonds or pledgingrevenues as authorized in sections 23-5-102, 23-5-103, 23-70-107, and 23-70-108, C.R.S.;(D) The Colorado educational and cultural facilities authority from financing facilities andcapital expenditures or refunding or refinancing outstanding indebtedness as authorized in sections23-15-107 to 23-15-110, C.R.S.;(E) State-supported institutions of higher education from creating or using nonprofit entitiesto issue obligations for or assist in the financing of capital expenditures on behalf of or for thebenefit of such institutions; and(F) The Colorado school for the deaf and the blind, as provided for in article 80 of title 22,C.R.S., from using nonprofit entities, such as foundations, institutes, or similar organizations, asauthorized in section 22-80-103, C.R.S.(b) No later than September 1, 1999, each state agency shall provide to the state auditor alist of all nonprofit entities in existence on July 1, 1999, that were established by the state agency oran employee or agent acting on behalf of such agency and that meet the criteria set forth in subsubparagraphs (A) and (B) of subparagraph (I) of paragraph (a) of this subsection (2), along with acopy of each nonprofit entity's most recent annual audit report or, if such entity has not been audited,the entity's most recent annual financial statement.(c) The provisions of this subsection (2) do not apply to:(I) The Colorado advanced technology institute commission;(II) Any nonprofit corporation created by the board of regents of the university of Coloradopursuant to section 23-20-114 (2), C.R.S.; or(III) Any private nonprofit corporation created by any state-supported institution of highereducation, as authorized under section 23-5-121, C.R.S., for the purpose of developing discoveriesand technology resulting from science and technology research at such institution of highereducation.(3) A state-supported institution of higher education may establish a nonprofit entity thatwould otherwise require specific statutory authority under paragraph (a) of subsection (2) of thissection upon a finding by the governing board of the institution that establishing the nonprofit entitywould be in the best interests of the institution.(4) (a) (I) Except as otherwise provided in sections 23-5-112 (3) and 23-5-121, C.R.S.,subparagraph (II) of this paragraph (a), and paragraph (b) of this subsection (4), any nonprofit entitycreated by or on behalf of a state agency under paragraph (a) of subsection (2) of this section orsubsection (3) of this section and any nonprofit entities reported under paragraph (b) of subsection(2) of this section shall be subject to an annual audit by the state auditor or his or her designee asrequired for state agencies under section 2-3-103 (1), C.R.S.(II) The provisions of this paragraph (a) do not apply to any nonprofit corporation createdby the board of regents of the university of Colorado pursuant to section 23-20-114 (2), C.R.S.(b) If any nonprofit entity, created for the sole benefit of one or more state-supportedinstitutions of higher education, issues obligations to finance capital expenditures for the benefit ofthe institution or institutions and pledges payments to be received from the institution or institutionsin repayment of such obligations, such capital financing activities are subject to the same auditrequirements imposed for gifts and bequests received by a nonprofit entity under section 23-5-112Colorado Revised Statutes 20164Uncertified Printout
(3), C.R.S.(5) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), beginning July 1,1999, each state-level authority intending to create or participate in the creation of a nonprofit entityshall file a statement with the state auditor regarding its intent to create such entity. The statementshall include information about the purpose and use of the nonprofit entity. The state-level authorityshall file such statement at least thirty days prior to the incorporation of the nonprofit entity.(II) For purposes of the requirements specified in this paragraph (a), the office of thegovernor, the university of Colorado hospital authority, created in part 5 of article 21 of title 23,C.R.S., and the Denver health and hospital authority created in part 1 of article 29 of title 25, C.R.S.,shall not be required to provide notice of its intent to create a nonprofit entity or to disclose anyinformation relating to the modification, initiation, or cessation of patient care programs if thedisclosure of such information would give an unfair competitive or bargaining advantage to anyperson or entity.(b) For fiscal years ending after June 30, 1999, each state-level authority shall report theannual financial activities of any nonprofit entity it has created in conjunction with the filing of itsannual financial audit report with the state auditor as required under section 29-1-603, C.R.S. Thereporting of such financial activities may be a part of the audited financial statements if the financialactivities are separately identified or the reporting may be performed separately.(6) (a) Except as provided in this section or other applicable law, any nonprofit entitysupported by or established by or on behalf of a state agency shall not be an agency or departmentof state government and shall not be subject to any provisions of law affecting only governmentalor public entities. The state of Colorado or the applicable state agency shall not be held responsiblefor any debt or liability incurred by any nonprofit entity supported by or established by or on behalfof a state agency, except as otherwise provided by law.(b) The provisions of this subsection (6) shall apply to any nonprofit entity supported by orcreated by or on behalf of a state agency regardless of whether such entity is subject to therequirements specified in this section.(7) For purposes of this section:(a) "Nonprofit entity" means a nonprofit corporation created under the "Colorado RevisedNonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S. "Nonprofit entity" may include, butis not limited to, a corporation, a partnership, a joint venture, a foundation, and an institute.(b) "State agency" means an agency as defined in section 24-3-101 or an institution of highereducation.(c) "State-level authority" means a special purpose authority as defined in section 24-77-102(15) and excludes nonprofit entities created by and for local governmental entities, such asmunicipalities, counties, city and counties, school districts, and special districts.24-1-108. Appointment of officers and employees - repeal. (1) Any provisions of law tothe contrary notwithstanding and subject to the provisions of the constitution of the state ofColorado, the head of a principal department shall be appointed by the governor, with the consentof the senate. The head of a principal department shall appoint all subordinate officers andemployees of his or her office and the head of each division under his or her department, and theColorado Revised Statutes 20165Uncertified Printout
head of each division shall appoint all employees in his or her division, but all appointments madeby the head of a principal department and heads of divisions shall be made in accordance withsection 24-2-102.(2) In the event that the lieutenant governor is appointed during his or her term of office toconcurrently serve as the head of a principal department:(a) Acceptance or retention of such an appointment shall not result in a forfeiture of theoffice of lieutenant governor; and(b) It shall be deemed that holding the office of lieutenant governor while concurrentlyserving as the head of a principal department is not incompatible, inconsistent, or in conflict withthe duties of the lieutenant governor or with the duties, powers, and functions of the head of aprincipal department.(3) (a) In the event that the lieutenant governor is appointed during his or her term of officeto concurrently serve as the state chief operating officer:(I) Acceptance or retention of such an appointment shall not result in a forfeiture of theoffice of lieutenant governor; and(II) It shall be deemed that holding the office of lieutenant governor while concurrentlyserving as the state chief operating officer is not incompatible, inconsistent, or in conflict with theduties of the lieutenant governor or with the duties, powers, and functions of the state chief operatingofficer.(b) This subsection (3) is repealed, effective January 10, 2019.24-1-109. Office of the governor. The powers, duties, and functions now vested by law inthe office of the governor are continued. Temporary commissions, unless otherwise provided, whenestablished by law or by the governor, shall be units of the office of the governor. Interstate compactsauthorized by law shall be administered under the direction of the office of the governor.24-1-110. Principal departments. (1) In accordance with the provisions of section 22 ofarticle IV of the state constitution, all executive and administrative offices, agencies, andinstrumentalities of the executive department of the state government and their respective functions,powers, and duties, except as otherwise provided by law, are allocated among and within thefollowing principal departments created by this article:(a) Department of state;(b) Department of the treasury;(c) Department of law;(d) Department of higher education;(e) Department of education;(f) Repealed.(g) Department of revenue;(h) (Deleted by amendment, L. 93, p. 1087, § 3, effective July 1, 1994.)(i) Department of public health and environment;(j) (Deleted by amendment, L. 93, p. 1087, § 3, effective July 1, 1994.)Colorado Revised Statutes 20166Uncertified Printout
(k) Department of labor and employment;(l) Department of regulatory agencies;(m) Department of agriculture;(n) Department of natural resources;(o) Department of local affairs;(p) (Deleted by amendment, L. 91, p. 1054, § 4, effective July 1, 1991.)(q) Department of military and veterans affairs;(r) Department of personnel;(s) Repealed.(t) Department of corrections;(u) Department of public safety;(v) Department of transportation;(w) Department of human services;(x) Department of health care policy and financing.24-1-111. Department of state - creation. (1) There is hereby created a department of state,the head of which shall be the secretary of state.(2) The department of state and the office of secretary of state, created by article IV of thestate constitution, and the powers, duties, and functions vested by law in said department and saidoffice are transferred by a type 2 transfer to the department of state, subject to the state constitution.(3) The department of state includes the electronic recording technology board establishedin section 24-21-402 (1), and its powers, duties, and functions, as if the board were transferred bya type 1 transfer, as such transfer is defined in section 24-1-105.24-1-112. Department of the treasury - creation. (1) There is hereby created a departmentof the treasury, the head of which shall be the state treasurer.(2) The powers, duties, and functions of the department of the treasury, created by article 36of this title, and the powers, duties, and functions vested by law or the state constitution in the officeof state treasurer are transferred by a type 2 transfer to the department of the treasury, subject to thestate constitution.24-1-113. Department of law - creation. (1) There is hereby created a department of law,the head of which shall be the attorney general.(2) Except as otherwise provided in this article or by law, the powers, duties, and functionsof the department of law, created by article 31 of this title, and all other powers, duties, and functionsvested by law or the state constitution in the office of attorney general are transferred by a type 2transfer to the department of law, subject to the state constitution.(3) The department of law includes the following:(a) Division of legal affairs. The division of legal affairs, created by article 31 of this title,and its powers, duties, and functions are transferred by a type 2 transfer to the department of law asColorado Revised Statutes 20167Uncertified Printout
the division of legal affairs.(b) Division of state solicitor general, including the office of state solicitor general, createdby part 2 of article 31 of this title. The division of state solicitor general and the office of statesolicitor general shall perform their duties and exercise their powers under the department of law,as if the division of state solicitor general and office of state solicitor general were transferred by atype 2 transfer, as a division thereof.(c) Repealed.(d) The peace officers standards and training board created in part 3 of article 31 of this title.The peace officers standards and training board shall exercise its powers and perform its duties underthe department of law as if the same were transferred by a type 2 transfer.(4) (a) The collection agency board, created by article 14 of title 12, C.R.S., and its powers,duties, and functions are transferred by a type 2 transfer to the department of law as a section of thedivision of legal affairs and shall be under the supervision of the administrator of the "UniformConsumer Credit Code", whose office is created by section 5-6-103, C.R.S.(b) Repealed.24-1-114. Department of higher education - creation. (1) There is hereby created adepartment of higher education, the head of which shall be the executive director of the Coloradocommission on higher education, who shall be appointed by the governor and whose powers andduties are as specified in this section.(2) The Colorado commission on higher education and the office of executive directorthereof, created by article 1 of title 23, C.R.S., and their powers, duties, and functions are transferredby a type 1 transfer to the department of higher education.(2.5) Repealed.(3) The department of higher education shall include the following divisions:(a) Repealed.(b) State historical society, created by part 2 of article 80 of this title. Its powers, duties, andfunctions, are transferred by a type 1 transfer to the department of higher education as a divisionthereof.(c) The student loan division, created by article 3.1 of title 23, C.R.S. The division and thedirector thereof shall exercise their powers and perform their duties and functions as if transferredto the department by a type 2 transfer.(d) The private occupational school division, created by article 59 of title 12, C.R.S. Theprivate occupational school board, created by section 12-59-105.1, C.R.S., shall exercise its powersand perform its duties and functions as if transferred to the department by a type 1 transfer. Thedivision, except for the private occupational school board, and the director thereof shall exercisetheir powers and perform their duties and functions as if transferred to the department by a type 2transfer.(4) For the purposes of section 22 of article IV of the state constitution, the following areallocated to the department of higher education but shall otherwise continue to be administered asprovided by law:Colorado Revised Statutes 20168Uncertified Printout
(a) The regents of the university of Colorado, created by section 12 of article IX of the stateconstitution, and the university of Colorado, created by section 5 of article VIII of the stateconstitution;(b) The board of governors of the Colorado state university system, created by part 1 ofarticle 30 of title 23, C.R.S.; Colorado state university, created by article 31 of title 23, C.R.S.; andColorado state university - Pueblo, created by article 31.5 of title 23, C.R.S.;(c) (Deleted by amendment, L. 2003, p. 792, § 17, effective July 1, 2003.)(d) The board of trustees for the university of northern Colorado, created by section 23-40104 (1), C.R.S., and the university of northern Colorado at Greeley, created by article 40 of title 23,C.R.S.;(e) The board of trustees of the Colorado school of mines, created by article 41 of title 23,C.R.S., and the school of mines at Golden, created by section 5 of article VIII of the stateconstitution;(f) State board for community colleges and occupational education and the offices of directorof occupational education and director of community and technical colleges, created by article 60of title 23, C.R.S.;(g) Repealed.(h) The board of trustees for Adams state university, created by article 51 of title 23, C.R.S.;(i) The board of trustees for Colorado Mesa university, created by article 53 of title 23,C.R.S.;(j) The board of trustees for Metropolitan state university of Denver, created by article 54of title 23, C.R.S.;(k) The board of trustees for Western state Colorado university, created by article 56 of title23, C.R.S.;(l) The board of trustees for Fort Lewis College, created by article 52 of title 23, C.R.S.(5) (a) With respect to the divisions of the department specified in subsection (3) of thissection, the executive director shall have the powers, duties, and functions prescribed in this articlefor heads of principal departments.(b) With respect to the Colorado commission on higher education and the universities,colleges, and boards specified in subsection (4) of this section, the executive director shall have onlythose powers, duties, and functions prescribed in article 1 of title 23, C.R.S.; except that theexecutive director of the Colorado commission on higher education is authorized to negotiate,implement, and monitor contracts, as described in sections 23-5-129 and 23-18-303, C.R.S., withuniversities, colleges, and boards, in consultation with the Colorado commission on highereducation.(6) The office of state archaeologist, created by part 4 of article 80 of this title, and itspowers, duties, and functions are transferred by a type 2 transfer to the state historical society, as asection thereof.24-1-115. Department of education - creation. (1) There is hereby created a departmentof education, the head of which shall be the commissioner of education, who shall be appointed bythe state board of education.Colorado Revised Statutes 20169Uncertified Printout
(2) The state board of education, created by part 1 of article 2 of title 22, C.R.S., and itspowers, duties, and functions are transferred by a type 1 transfer to the department of education.(3) The state department of education and the office of the commissioner of education,created by part 1 of article 2 of title 22, C.R.S., and their powers, duties, and functions are transferredby a type 2 transfer to the department of education subject to the state constitution.(4) The department of education shall include the state library, the ex officio head of whichshall be the commissioner of education. The state library, created by article 90 of this title, and itspowers, duties, and functions are transferred by a type 2 transfer to the department of education asa division thereof.(5) The state board of teacher certification, created by article 1 of chapter 123, C.R.S. 1963,and its powers, duties, and functions are transferred by a type 3 transfer to the department ofeducation as additional powers, duties, and functions of the state board of education, and the stateboard of teacher certification is abolished.(6) Repealed.(7) (Deleted by amendment, L. 2003, p. 1586, § 19, effective July 1, 2004.)(8) The Colorado school for the deaf and the blind, as provided for in article 80 of title 22,C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the departmentof education.(9) The department of education shall include the state charter school institute establishedin section 22-30.5-503, C.R.S., and its powers, duties, and functions, as if the institute weretransferred by a type 1 transfer to the department of education.(10) The department of education shall include the division of online learning establishedin section 22-30.7-103, C.R.S., and its powers, duties, and functions, as if the division weretransferred by a type 2 transfer to the department of education.(11) (a) The department of education shall include the division of public school capitalconstruction assistance established in section 22-43.7-105, C.R.S., and its powers, duties, andfunctions, as if the division were transferred by a type 2 transfer to the department of education.(b) The department of education shall include the public school capital constructionassistance board established in section 22-43.7-106, C.R.S., and its powers, duties, and functions,as if the board were transferred by a type 1 transfer to the department of education.(12) The department of education shall include the facility schools unit established in section22-2-403, C.R.S., and its powers, duties, and functions, as if the unit were transferred by a type 2transfer to the department of education.(13) The department of education shall include the facility schools board established insection 22-2-404, C.R.S., and its powers, duties, and functions, as if the board were transferred bya type 1 transfer to the department of education.(14) The depart
Unless the head of a principal department is a state elected official, he shall have the title of executive director of the department or such other title as specifically designated by this article. 24-1-104. Policy-making authority and administrative powers of governor - delegation. Colorado Revised Statutes 2016 1 Uncertified Printout
