{"data":{"id":"us-co/c.r.s.-12-135-401","jurisdiction":"us-co","citation":"C.R.S. § 12-135-401","heading":"Powers and duties of the director - rules.","body":"(1) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110, the director may deny, suspend, refuse to renew, or revoke a license or registration pursuant to section 12-20-404 (1)(d); issue and send, by electronic mail that is actually received, a letter of admonition to the licensee or registrant under the circumstances specified in and in accordance with section 12-20-404 (4); issue a confidential letter of concern to the licensee or registrant under the circumstance specified in section 12-20-404 (5); place the licensee or registrant on probation pursuant to section 12-20-404 (1)(b); or limit the scope of practice of the registration or license under this article 135 if the licensee or registrant has:\n\n(a) Filed an application with the director containing material misstatements of fact or has omitted any disclosure required by this article 135;\n\n(b) Had a registration or license issued by Colorado, or an equivalent license, registration, or certification issued by another state, to practice as described in sections 12-135-601, 12-135-701, 12-135-801, and 12-135-901 revoked;\n\n(c) Violated this article 135, an applicable provision of article 20 of this title 12, or any rule of the director adopted under this article 135 or committed an act or omission specified in section 12-135-508; or\n\n(d) Failed to respond to a complaint within the length of time specified in the notice to the registrant of the complaint.\n\n(1.1) If a person licensed or registered pursuant to this article 135 is found by the director to have violated a provision of this article 135 or a rule adopted by the director in a manner that the director determines is technical in nature or otherwise minor and inconsequential, the director may issue to the licensee or registrant an informal warning that does not result in any other action taken by the director for that violation.\n\n(2) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110, the director may deny or revoke a registration or license if the licensee, the registrant, or the designee of a registrant has a disqualifying criminal history as described in section 12-135-503. The director shall promptly notify the licensee or registrant of the revocation.\n\n(3) (a) (I) The director may investigate the activities of a licensee licensed pursuant to part 5 of this article 135, or a registrant registered pursuant to section 12-135-110, upon the director's own initiative or upon receipt of a complaint or a suspected or alleged violation of this article 135.\n\n(II) The director shall perform routine inspections of all funeral establishments on a periodic basis, and at least annually, as determined by rule. The director may contract with a private party to perform these inspections.\n\n(III) To perform an inspection, the director or a private party with whom the director contracts to perform the inspection may enter the premises of a funeral establishment with full right of ingress and egress:\n\n(A) While the funeral establishment is registered;\n\n(B) For a period of time, as determined by rule, after a funeral establishment's registration has expired, has been revoked, or has been surrendered; and\n\n(C) Upon application for a new registration.\n\n(IV) The director shall adopt rules determining the period of time after a registration is no longer valid during which time the director or a private party with whom the director contracts may perform inspections to ensure that the funeral establishment continues to comply with this article 135 and winds down the business without creating an undue risk to the public health.\n\n(b) Each funeral establishment registered under section 12-135-110 is deemed to have consented to any inspection authorized in this subsection (3) as a condition of the registration.\n\n(c) Section 12-20-403 applies to investigations, hearings, and other proceedings under this section.\n\n(4) The director shall keep records of registrations, licenses, and disciplinary proceedings. If conducted pursuant to this section:\n\n(a) Investigations, examinations, hearings, or proceedings are exempt from part 4 of article 6 of title 24;\n\n(b) Records concerning licensing action taken are exempt from part 2 of article 72 of title 24; and\n\n(c) Reports of annual inspections, excluding photographs and audio and video recordings and any information that would personally identify a deceased individual, are subject to part 2 of article 72 of title 24.\n\n(5) When the director or administrative law judge deems it appropriate and useful, the director or administrative law judge may consult with or obtain a written opinion from an appropriate professional organization or association of businesses that offers services requiring registration or licensure under this article 135 for the purpose of investigating possible violations or weighing the appropriate standard of care to be applied to specific events or the facts in a hearing being held under this article 135.\n\n(6) (a) The director may adopt reasonable rules necessary to implement this article 135.\n\n(b) In adopting rules under this article 135, the director is subject to article 4 of title 24.\n\n(7) The director may impose discipline, pursuant to this section, on an applicant for registration under this article 135 or a funeral establishment registered pursuant to section 12-135-110 for the acts of a person that:\n\n(a) Is acting on behalf of the applicant or registered funeral establishment; and\n\n(b) Is an officer, a director, a member, a partner, or an owner of the applicant or registered funeral establishment if:\n\n(I) The person holds at least a ten percent interest in the applicant or registered funeral establishment that is publicly traded; or\n\n(II) The person holds an interest in the applicant or registered funeral establishment that is not publicly traded.\n\n(8) The director shall enter into a memorandum of understanding with the commissioner of insurance to share information regarding funeral establishments that sell preneed contracts pursuant to section 12-135-110 (2)(a)(IV)(E).","path":["Title 12 - PROFESSIONS AND OCCUPATIONS","Article 135 - Mortuary Science Code","Part 4 - ADMINISTRATION"],"source_url":"https://olls.info/crs/crs2026-title-12.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"5d8caefc5d5606f6f0da23cd709674c850a3339949461dea3c30c2a19bc150d3","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-12-135-308","next":"us-co/c.r.s.-12-135-402"},"notice":"GroundRules: Original legal text. Not legal advice."}