{"data":{"id":"us-co/c.r.s.-27-50-1003","jurisdiction":"us-co","citation":"C.R.S. § 27-50-1003","heading":"Applications - investigations - inspections - criminal history background checks for owners and managers.","body":"(1) An application for a license to operate a recovery residence must be submitted annually to the BHA in the form and manner prescribed by the BHA.\n\n(2) (a) The BHA shall investigate and review each original application and each renewal application for a license to operate a recovery residence. The BHA shall determine an applicant's compliance with this part 10 and the rules adopted pursuant to section 27-50-1002 before the BHA issues a license.\n\n(b) The BHA shall inspect the applicant's facility as it deems necessary to ensure the health, safety, and welfare of the recovery residents are protected. The recovery residence shall submit in writing, in a form prescribed by the BHA, a plan detailing the measures that the recovery residence will take to correct violations found by the BHA as a result of inspections undertaken pursuant to this subsection (2).\n\n(c) Upon approval of an application for a license, the applicant shall provide notice to the local government that regulates zoning and land use for the jurisdiction where the recovery residence will be located. The notice must include:\n\n(I) A statement of the applicant's intent to operate a recovery residence upon issuance of a recovery residence license by the BHA;\n\n(II) The location of the recovery residence; and\n\n(III) The contact information for the appropriate individual who can be reached to address questions and concerns about the recovery residence.\n\n(3) The BHA shall keep all health-care information or documents obtained during an inspection or investigation of a recovery residence pursuant to subsection (2) of this section confidential. Records, information, or documents obtained are exempt from disclosure pursuant to sections 24-72-204 and 27-50-510.\n\n(4) (a) After submitting an application for a license to operate a recovery residence, or within ten days after a change in ownership or management of a recovery residence, each applicant or owner and manager shall submit to a fingerprint-based criminal history record check. The applicant or owner and manager must pay the costs associated with the fingerprint-based criminal history record check.\n\n(b) After submitting an application for a license or within ten days after a change in ownership or management, the applicant or owner and manager shall have the applicant's or owner's and manager's fingerprints taken by a local law enforcement agency, or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant or owner and manager shall authorize the entity taking the applicant's or owner's and manager's fingerprints to submit, and the entity shall submit, the complete set of the applicant's or owner's and manager's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.\n\n(c) If an approved third party takes the applicant's or owner's and manager's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's or owner's and manager's information for more than thirty days.\n\n(d) The Colorado bureau of investigation shall use the applicant's or owner's and manager's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant or owner and manager, BHA, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.\n\n(e) The Colorado bureau of investigation shall return the results of its criminal history record check to the BHA, and the BHA is authorized to receive the results of the federal bureau of investigation's criminal history record check.\n\n(f) The BHA shall evaluate information received from the criminal history record check in accordance with section 24-5-101 and subsection (5) of this section and shall only deny an application based on information obtained from the criminal history record check if the denial is warranted pursuant to section 24-5-101 and subsection (5) of this section.\n\n(g) The BHA shall keep any information obtained pursuant to this subsection (4) confidential.\n\n(5) (a) As used in this subsection (5), \"directly related to\" means that the criminal offense for which an applicant has been convicted is still relevant at the time of the application for a license and would create an unreasonable risk to public safety because the offense directly relates to the duties and responsibilities of the operation of a recovery residence, as determined by the BHA after consideration of all evidence available to the BHA.\n\n(b) If an applicant has been convicted of a crime, the BHA may only consider the applicant's conviction for a three-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant has not been convicted of any other criminal offense during the three-year period. After the three-year period, the BHA shall only consider the individual's application for licensure in the same manner as an applicant who does not possess a prior criminal history record; except that the BHA may consider a conviction for a crime that is directly related to the operation of a recovery residence.\n\n(c) If the BHA is considering an applicant's criminal history record during the application process for licensure, the BHA may only deny or refuse to issue or renew the license based on the information in the criminal history record if the BHA determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the ownership or management of a recovery residence without creating an unreasonable risk to public safety.\n\n(d) An applicant's conviction for a crime does not, in and of itself, disqualify the applicant from being issued a license to operate a recovery residence.\n\n(e) (I) An applicant or potential applicant whose conviction may affect their application for licensure may petition the BHA at any time, including prior to submitting an application, for a decision as to whether the BHA is permitted to consider the applicant's conviction when reviewing the application for licensure.\n\n(II) If the BHA determines that the BHA is permitted to consider an applicant's or potential applicant's conviction, the BHA shall advise the applicant or potential applicant of any actions the applicant or potential applicant may take to remedy the potential effect of the conviction. If a remedial action is advised by the BHA, the applicant may submit a revised petition on or before a date determined by the BHA for completion of the remedial action.\n\n(III) If the BHA makes an initial determination for a potential applicant pursuant to this subsection (5)(e), the BHA may require a new determination at the time an individual formally applies for licensure.\n\n(f) An applicant who petitions the BHA must include in the petition any additional information about the applicant's current circumstances, including the time since the criminal offense was committed and the sentence was completed, the applicant's age at the time the offense was committed, the payment of any court-ordered restitution, evidence of the applicant's rehabilitation, testimonials, and the applicant's employment history and employment aspirations.\n\n(g) (I) In order to deny an application for licensure pursuant to this section based on the information in an applicant's criminal history record, the BHA has the burden to prove by clear and convincing evidence that the denial is directly related to information in the applicant's criminal history record as it pertains to potential performance in, and the potential creation of, an unreasonable risk to public safety through the operation or management of a recovery residence for which the applicant is applying for licensure.\n\n(II) If an individual files a petition for a determination pursuant to this subsection (5), receives notice of an agency adjudicatory hearing, files an answer to the notice pursuant to section 24-4-105 (2)(b), and fails to appear at the scheduled time and place of the hearing, the administrative law judge shall enter a default judgment in favor of the BHA.\n\n(h) This subsection (5) does not:\n\n(I) Negate any provision for licensure in this title 27 that requires an applicant to submit information regarding the applicant's criminal history record to the BHA with an application;\n\n(II) Negate any other reason specified in this title 27 for which the BHA may deny an applicant licensure;\n\n(III) Negate any requirement under federal law that requires an individual to obtain or maintain a license; or\n\n(IV) Negate the list of determining factors that must not be considered regarding an applicant's criminal history record pursuant to section 24-5-101 (2)(b).\n\n(6) Except as otherwise provided in subsection (7) of this section, the BHA shall issue or renew a license to operate a recovery residence when the BHA is satisfied that the applicant or licensee is in compliance with the requirements set forth in this part 10 and the rules adopted pursuant to section 27-50-1002. Except for provisional licenses issued in accordance with subsection (7) of this section, a license issued or renewed pursuant to this section expires one year after the date of issuance or renewal.\n\n(7) (a) The BHA may issue a provisional license to operate a recovery residence to an applicant for the purpose of operating a recovery residence for a period of ninety days if the applicant is temporarily unable to conform to all of the minimum standards required, and the rules adopted, pursuant to this part 10; except that the BHA shall not issue a provisional license to an applicant if the operation of the recovery residence will adversely affect the health, safety, or welfare of the recovery residents.\n\n(b) As a condition of obtaining a provisional license, the applicant shall provide evidence to the BHA that attempts are being made to conform and comply with the applicable standards required, and rules adopted, pursuant to this part 10.\n\n(c) The BHA shall not issue a provisional license prior to the completion of a criminal history record check in accordance with subsection (4) of this section.\n\n(d) The BHA may issue a second provisional license to effect compliance. The BHA shall not issue a third or subsequent provisional license to an applicant in a year.","path":["Title 27 - BEHAVIORAL HEALTH","Article 50 - Behavioral Health Administration","Part 10 - RECOVERY RESIDENCES"],"source_url":"https://olls.info/crs/crs2026-title-27.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"84682e385620d990ed94a52c78aecc78d6792613fa917c43485a1371e44fb7d2","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-27-50-1002","next":"us-co/c.r.s.-27-50-1004"},"notice":"GroundRules: Original legal text. Not legal advice."}