First Regular Session

Sixty-eighth General Assembly

STATE OF COLORADO
INTRODUCED

LLS NO. 11-0544.01 Kristen Forrestal SENATE BILL 11-067

SENATE SPONSORSHIP
Jahn,

HOUSE SPONSORSHIP
Massey,

Senate Committees House Committees

Business, Labor and Technology

A BILL FOR AN ACT

101 CONCERNING REGISTERED INTERIOR DESIGNERS.

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.)

The bill requires an interior designer who prepares interior design

documents and specifications for interior finishes and nonstructural
elements within and surrounding interior spaces of a building or structure
of any size, height, and occupancy and who files the documents and
specifications for the purpose of obtaining approval for a building permit
as provided by law from the appropriate city, city and county, county, or
regional building authority to apply for registration and receive a
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
 certificate of registration from the division of registrations within the
department of regulatory agencies (division) prior to filing the documents
and specifications. The applicant for registration must demonstrate that
specific educational requirements have been met at the time of application
for registration. The director of the division is required to issue a
certificate of registration to the applicant that states the applicant is a
"registered interior designer".
Nothing in the bill prohibits the use of the title "interior designer"
by a person who is not a registered interior designer. Interior designers
who do not perform the tasks specified are not required to register with
the division. The bill also identifies specific tasks that interior designers
are prohibited from performing.
The director may take disciplinary action against registered interior
designers for specified reasons. The registration of interior designers is
subject to sunset review and is repealed, effective July 1, 2021.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Article 25 of title 12, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PART to read:
4 PART 4
5 REGISTERED INTERIOR DESIGNERS
6 12-25-401. Definitions. AS USED IN THIS PART 4, UNLESS THE
7 CONTEXT OTHERWISE REQUIRES:

8 (1) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF

9 REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES.

10 (2) "DIVISION" MEANS THE DIVISION OF REGISTRATIONS IN THE

11 DEPARTMENT OF REGULATORY AGENCIES.

12 (3) "NONSTRUCTURAL" OR "NONSEISMIC" MEANS INTERIOR

13 ELEMENTS OR COMPONENTS THAT ARE NOT LOAD-BEARING, DO NOT ASSIST

14 IN THE SEISMIC DESIGN, AND DO NOT REQUIRE DESIGN COMPUTATIONS FOR

15 A BUILDING'S STRUCTURE. COMMON NONSTRUCTURAL OR NONSEISMIC

16 ELEMENTS OR COMPONENTS INCLUDE CEILING AND PARTITION SYSTEMS

17 THAT EMPLOY NORMAL AND TYPICAL BRACING CONVENTIONS AND ARE

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 1 NOT PART OF THE STRUCTURAL INTEGRITY OF THE BUILDING.

2 (4) "REGISTERED INTERIOR DESIGNER" MEANS A PERSON WHO

3 ENGAGES IN:

4 (a) CONSULTATION, STUDY, DESIGN ANALYSIS, DRAWING, SPACE

5 PLANNING, AND SPECIFICATION FOR NONSTRUCTURAL OR NONSEISMIC

6 INTERIOR CONSTRUCTION WITH DUE CONCERN FOR THE LIFE SAFETY OF THE

7 OCCUPANTS OF THE BUILDING;

8 (b) PREPARING AND FILING INTERIOR DESIGN DOCUMENTS FOR THE

9 PURPOSE OF OBTAINING APPROVAL FOR A BUILDING PERMIT AS PROVIDED

10 BY LAW FOR NONSTRUCTURAL OR NONSEISMIC INTERIOR CONSTRUCTION,

11 MATERIALS, FINISHES, SPACE PLANNING, FURNISHINGS, FIXTURES,

12 EQUIPMENT, LIGHTING, AND REFLECTED CEILING PLANS;

13 (c) DESIGNING FOR FABRICATION NONSTRUCTURAL ELEMENTS

14 WITHIN AND SURROUNDING INTERIOR SPACES OF BUILDINGS; OR

15 (d) THE ADMINISTRATION OF DESIGN CONSTRUCTION AND

16 CONTRACT DOCUMENTS, AS THE CLIENTS' AGENT, RELATING TO THE

17 FUNCTIONS DESCRIBED IN PARAGRAPHS (a) TO (c) OF THIS SUBSECTION (4)

18 AND COLLABORATION WITH SPECIALTY CONSULTANTS AND LICENSED

19 PRACTITIONERS IN OTHER AREAS OF TECHNICAL EXPERTISE.

20 12-25-402. Registration requirements - education - application

21 - qualifications. (1) AN INTERIOR DESIGNER WHO PREPARES INTERIOR
22 DESIGN DOCUMENTS AND SPECIFICATIONS FOR INTERIOR FINISHES AND

23 NONSTRUCTURAL ELEMENTS WITHIN AND SURROUNDING INTERIOR SPACES

24 OF A BUILDING OR STRUCTURE OF ANY SIZE, HEIGHT, AND OCCUPANCY AND

25 WHO FILES THE DOCUMENTS AND SPECIFICATIONS FOR THE PURPOSE OF

26 OBTAINING APPROVAL FOR A BUILDING PERMIT AS PROVIDED BY LAW FROM

27 THE APPROPRIATE CITY, CITY AND COUNTY, COUNTY, OR REGIONAL

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 1 BUILDING AUTHORITY SHALL APPLY FOR REGISTRATION AND RECEIVE A

2 CERTIFICATE OF REGISTRATION FROM THE DIVISION PRIOR TO FILING THE

3 DOCUMENTS AND SPECIFICATIONS.

4 (2) EVERY APPLICANT FOR REGISTRATION AS A REGISTERED

5 INTERIOR DESIGNER SHALL POSSESS WRITTEN DOCUMENTATION THAT HE

6 OR SHE:

7 (a) (I) (A) HAS GRADUATED WITH A DEGREE IN INTERIOR DESIGN

8 FROM A COLLEGE OR UNIVERSITY OFFERING SUCH PROGRAM CONSISTING

9 OF FOUR OR MORE YEARS OF STUDY AND HAS COMPLETED TWO YEARS OF

10 INTERIOR DESIGN EXPERIENCE; OR

11 (B) HAS GRADUATED WITH A DEGREE IN INTERIOR DESIGN FROM

12 A COLLEGE OR UNIVERSITY OFFERING SUCH PROGRAM CONSISTING OF TWO

13 OR MORE YEARS OF STUDY AND HAS COMPLETED FOUR YEARS OF INTERIOR

14 DESIGN EXPERIENCE; AND

15 (II) HAS MET THE EDUCATION AND EXPERIENCE REQUIREMENTS OF,

16 AND HAS SUBSEQUENTLY PASSED, THE QUALIFICATION EXAMINATION

17 PROMULGATED BY THE NATIONAL COUNCIL FOR INTERIOR DESIGN

18 QUALIFICATION OR ITS SUCCESSOR ORGANIZATION; OR

19 (b) HAS ENGAGED IN THE FUNCTIONS OF A REGISTERED INTERIOR

20 DESIGNER FOR A MINIMUM NUMBER OF YEARS AS DETERMINED BY THE

21 DIRECTOR.

22 (3) WHEN AN APPLICANT HAS FULFILLED THE REQUIREMENTS OF

23 SUBSECTION (2) OF THIS SECTION, THE APPLICANT MAY APPLY FOR

24 REGISTRATION UPON PAYMENT OF A FEE IN AN AMOUNT DETERMINED BY

25 THE DIRECTOR. THE APPLICATION SHALL BE IN A FORM AND MANNER

26 DESIGNATED BY THE DIRECTOR. THE DIRECTOR SHALL ISSUE A

27 REGISTRATION TO THE APPLICANT THAT STATES THE APPLICANT IS A

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 1 "REGISTERED INTERIOR DESIGNER"; EXCEPT THAT THE DIRECTOR MAY

2 DENY REGISTRATION TO AN APPLICANT IF THE APPLICANT HAS COMMITTED

3 ANY ACT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER

4 SECTION 12-25-405.

5 (4) (a) AN APPLICANT FOR REGISTRATION BY ENDORSEMENT SHALL

6 FILE AN APPLICATION AND PAY A FEE AS PRESCRIBED BY THE DIRECTOR

7 AND SHALL HOLD A CURRENT, VALID LICENSE OR REGISTRATION IN A

8 JURISDICTION THAT REQUIRES QUALIFICATIONS SUBSTANTIALLY

9 EQUIVALENT TO THOSE REQUIRED FOR REGISTRATION BY SUBSECTION (2)

10 OF THIS SECTION.

11 (b) AN APPLICANT FOR REGISTRATION SHALL SUBMIT WITH THE

12 APPLICATION VERIFICATION THAT THE APPLICANT HAS ACTIVELY

13 PRACTICED FOR A PERIOD OF TIME DETERMINED BY RULES OF THE

14 DIRECTOR OR OTHERWISE MAINTAINED CONTINUED COMPETENCY AS

15 DETERMINED BY THE DIRECTOR.

16 (c) UPON RECEIPT OF ALL DOCUMENTS REQUIRED BY PARAGRAPHS

17 (a) AND (b) OF THIS SUBSECTION (4), THE DIRECTOR SHALL REVIEW THE
18 APPLICATION AND MAKE A DETERMINATION OF THE APPLICANT'S

19 QUALIFICATION TO BE REGISTERED BY ENDORSEMENT.

20 (d) THE DIRECTOR MAY DENY THE REGISTRATION IF THE

21 APPLICANT HAS COMMITTED AN ACT THAT WOULD BE GROUNDS FOR

22 DISCIPLINARY ACTION UNDER SECTION 12-25-405.

23 (5) (a) A REGISTRANT IS REQUIRED TO RENEW THE REGISTRATION

24 ISSUED UNDER THIS ARTICLE ACCORDING TO A SCHEDULE OF RENEWAL

25 DATES ESTABLISHED BY THE DIRECTOR. THE REGISTRANT SHALL SUBMIT

26 AN APPLICATION IN THE FORM AND MANNER DESIGNATED BY THE

27 DIRECTOR AND PAY A RENEWAL FEE IN AN AMOUNT DETERMINED BY THE

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 1 DIRECTOR.

2 (b) REGISTRATIONS SHALL BE RENEWED OR REINSTATED IN

3 ACCORDANCE WITH THE SCHEDULE ESTABLISHED BY THE DIRECTOR, AND

4 SUCH RENEWAL OR REINSTATEMENT SHALL BE GRANTED PURSUANT TO

5 SECTION 24-34-102 (8), C.R.S. THE DIRECTOR MAY ESTABLISH RENEWAL

6 FEES AND DELINQUENCY FEES FOR REINSTATEMENT PURSUANT TO SECTION

7 24-34-105, C.R.S. IF A REGISTRANT FAILS TO RENEW HIS OR HER

8 REGISTRATION PURSUANT TO THE SCHEDULE ESTABLISHED BY THE

9 DIRECTOR, THE REGISTRATION EXPIRES. ANY PERSON WHOSE

10 REGISTRATION HAS EXPIRED IS SUBJECT TO THE PENALTIES PROVIDED IN

11 THIS ARTICLE OR SECTION 24-34-102 (8), C.R.S., FOR REINSTATEMENT.

12 (6) ALL FEES COLLECTED UNDER THIS ARTICLE ARE DETERMINED,

13 COLLECTED, AND APPROPRIATED IN THE SAME MANNER AS SET FORTH IN

14 SECTION 24-34-105, C.R.S., AND PERIODICALLY ADJUSTED IN

15 ACCORDANCE WITH SECTION 24-75-402, C.R.S.

16 12-25-403. Title protection. NOTHING IN THIS SECTION

17 PROHIBITS THE USE OF THE TITLE "INTERIOR DESIGNER" BY A PERSON WHO

18 IS NOT A REGISTERED INTERIOR DESIGNER. AN INTERIOR DESIGNER WHO

19 DOES NOT PERFORM THE TASKS IN SECTION 12-25-402 (1) IS NOT REQUIRED

20 TO REGISTER WITH THE DIVISION OF REGISTRATIONS AND SHALL NOT USE

21 THE TITLE "REGISTERED INTERIOR DESIGNER".

22 12-25-404. Scope of practice - limitations. (1) AN INTERIOR

23 DESIGNER SHALL NOT BE ENGAGED IN THE CONSTRUCTION OF THE

24 STRUCTURAL FRAME SYSTEM SUPPORTING A BUILDING; MECHANICAL,

25 PLUMBING, HEATING, AIR CONDITIONING, VENTILATION, OR ELECTRICAL

26 VERTICAL TRANSPORTATION SYSTEMS; FIRE-RATED VERTICAL SHAFTS IN

27 ANY MULTI-STORY STRUCTURE; FIRE-RELATED PROTECTION OF

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 1 STRUCTURAL ELEMENTS; SMOKE EVACUATION AND

2 COMPARTMENTALIZATION; EMERGENCY SPRINKLER SYSTEMS; EMERGENCY

3 ALARM SYSTEMS; OR ANY OTHER ALTERATION AFFECTING THE LIFE SAFETY

4 OF THE OCCUPANTS OF A BUILDING.

5 (2) NOTHING IN THIS PART 4 SHALL PRECLUDE A PERSON WHO IS

6 LICENSED TO PRACTICE ARCHITECTURE UNDER PART 3 OF THIS ARTICLE
7 FROM ENGAGING IN INTERIOR DESIGN ACTIVITIES WITHOUT BEING

8 REGISTERED UNDER THIS PART 4.

9 12-25-405. Grounds for disciplinary action - authority and

10 proceedings - rules. (1) THE DIRECTOR MAY DENY, SUSPEND, REVOKE,
11 OR REFUSE TO RENEW THE REGISTRATION OF A REGISTERED INTERIOR

12 DESIGNER FOR THE FOLLOWING REASONS:

13 (a) FAILURE TO PAY THE FEES ESTABLISHED BY THE DIRECTOR

14 PURSUANT TO SECTION 12-25-402 (3);

15 (b) FRAUD, MISREPRESENTATION, DECEIT, OR MATERIAL

16 MISSTATEMENT OF FACT IN PROCURING OR ATTEMPTING TO PROCURE A

17 CERTIFICATION;

18 (c) VIOLATION OF, OR AIDING OR ABETTING IN THE VIOLATION OF,

19 THIS PART 4, ANY RULE PROMULGATED BY THE DIRECTOR IN

20 CONFORMANCE WITH THIS PART 4, OR ANY ORDER OF THE DIRECTOR

21 ISSUED IN CONFORMANCE WITH THIS PART 4;

22 (d) PERFORMING SERVICES BEYOND ONE'S COMPETENCY,

23 TRAINING, OR EDUCATION;

24 (e) FAILURE TO RENDER ADEQUATE PROFESSIONAL CONTROL OF

25 PERSONS ENGAGED IN INTERIOR DESIGN ACTIVITIES UNDER THE

26 RESPONSIBLE CONTROL OF A REGISTERED INTERIOR DESIGNER;

27 (f) HABITUAL INTEMPERANCE WITH RESPECT TO, OR EXCESSIVE

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 1 USE OF, A HABIT-FORMING DRUG, A CONTROLLED SUBSTANCE AS DEFINED

2 IN SECTION 18-18-102, C.R.S., OR AN ALCOHOLIC BEVERAGE, ANY OF

3 WHICH RENDERS HIM OR HER UNFIT TO ENGAGE IN INTERIOR DESIGN

4 ACTIVITIES;

5 (g) ANY USE OF A SCHEDULE I CONTROLLED SUBSTANCE, AS

6 DESCRIBED IN SECTION 18-18-203, C.R.S.;

7 (h) FAILURE TO PAY A FINE ASSESSED UNDER THIS PART 4;

8 (i) FAILURE TO REPORT TO THE DIRECTOR ANY REGISTERED

9 INTERIOR DESIGNER KNOWN TO HAVE VIOLATED THIS PART 4 OR ANY

10 ORDER OR RULE OF THE DIRECTOR;

11 (j) MENTAL INCOMPETENCY;

12 (k) SELLING OR FRAUDULENTLY OBTAINING OR FURNISHING A

13 CERTIFICATION OR RENEWAL OF A CERTIFICATION TO ENGAGE IN INTERIOR

14 DESIGN ACTIVITIES; OR

15 (l) ENGAGING IN CONDUCT THAT IS INTENDED TO, OR REASONABLY

16 MIGHT BE EXPECTED TO, MISLEAD THE PUBLIC INTO BELIEVING THAT THE

17 PERSON IS A REGISTERED INTERIOR DESIGNER.

18 (2) (a) WHEN A COMPLAINT OR INVESTIGATION DISCLOSES AN

19 INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR, DOES

20 NOT WARRANT FORMAL ACTION BY THE DIRECTOR BUT THAT SHOULD NOT

21 BE DISMISSED AS BEING WITHOUT MERIT, THE DIRECTOR MAY ISSUE AND

22 SEND, BY CERTIFIED MAIL, A LETTER OF ADMONITION TO THE REGISTERED

23 INTERIOR DESIGNER.

24 (b) WHEN THE DIRECTOR SENDS A LETTER OF ADMONITION BY

25 CERTIFIED MAIL TO A REGISTERED INTERIOR DESIGNER, THE DIRECTOR

26 SHALL ADVISE THE PERSON THAT HE OR SHE HAS THE RIGHT TO REQUEST

27 IN WRITING, WITHIN TWENTY DAYS AFTER RECEIPT OF THE LETTER, THAT

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 1 FORMAL DISCIPLINARY PROCEEDINGS BE INITIATED TO ADJUDICATE THE

2 PROPRIETY OF THE CONDUCT UPON WHICH THE LETTER OF ADMONITION IS

3 BASED.

4 (c) IF THE REQUEST FOR ADJUDICATION IS TIMELY MADE, THE

5 LETTER OF ADMONITION IS DEEMED VACATED AND THE MATTER IS

6 PROCESSED BY MEANS OF FORMAL DISCIPLINARY PROCEEDINGS.

7 (d) WHEN A COMPLAINT OR INVESTIGATION DISCLOSES AN

8 INSTANCE OF CONDUCT THAT DOES NOT WARRANT FORMAL ACTION BY THE

9 DIRECTOR AND, IN THE OPINION OF THE DIRECTOR, THE COMPLAINT

10 SHOULD BE DISMISSED, BUT THE DIRECTOR HAS NOTICED INDICATIONS OF

11 POSSIBLE ERRANT CONDUCT BY THE REGISTERED INTERIOR DESIGNER THAT

12 COULD LEAD TO SERIOUS CONSEQUENCES IF NOT CORRECTED, THE

13 DIRECTOR MAY ISSUE AND SEND A CONFIDENTIAL LETTER OF CONCERN TO

14 THE REGISTERED INTERIOR DESIGNER.

15 (e) ANY DISCIPLINARY ACTION IN ANOTHER STATE OR

16 JURISDICTION ON GROUNDS SUBSTANTIALLY SIMILAR TO THOSE THAT

17 WOULD CONSTITUTE A VIOLATION UNDER THIS PART 4 IS PRIMA FACIE

18 EVIDENCE OF GROUNDS FOR DISCIPLINARY ACTION, INCLUDING DENIAL OF

19 CERTIFICATION UNDER THIS PART 4.

20 (3) (a) IN ADDITION TO THE PENALTIES PROVIDED FOR IN

21 SUBSECTION (2) OF THIS SECTION, ANY PERSON VIOLATING THIS PART 4 OR

22 ANY STANDARDS OR RULES PROMULGATED PURSUANT TO THIS PART 4 MAY

23 BE PUNISHED UPON A FINDING OF MISCONDUCT BY THE DIRECTOR MADE

24 PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S. IN AN ADMINISTRATIVE

25 PROCEEDING AGAINST A REGISTERED INTERIOR DESIGNER, THE DIRECTOR

26 MAY IMPOSE A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR

27 EACH VIOLATION OF THIS PART 4.

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 1 (b) ALL FINES COLLECTED PURSUANT TO THIS PART 4 SHALL BE
2 TRANSFERRED TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEYS

3 TO THE GENERAL FUND.

4 (4) IF, AS A RESULT OF A PROCEEDING HELD PURSUANT TO ARTICLE

5 4 OF TITLE 24, C.R.S., THE DIRECTOR DETERMINES THAT A REGISTERED
6 INTERIOR DESIGNER HAS ACTED IN SUCH A MANNER AS TO BE SUBJECT TO

7 DISCIPLINARY ACTION, THE DIRECTOR MAY, IN LIEU OF OR IN ADDITION TO

8 OTHER FORMS OF DISCIPLINARY ACTION THAT MAY BE AUTHORIZED BY

9 THIS PART 4, REQUIRE A REGISTERED INTERIOR DESIGNER TO TAKE

10 COURSES OF TRAINING OR EDUCATION RELATING TO HIS OR HER

11 PROFESSION. THE DIRECTOR SHALL DETERMINE THE CONDITIONS THAT

12 MAY BE IMPOSED ON SUCH PERSON, INCLUDING, BUT NOT LIMITED TO, THE

13 TYPE AND NUMBER OF HOURS OF TRAINING OR EDUCATION. ALL TRAINING

14 OR EDUCATION COURSES ARE SUBJECT TO APPROVAL BY THE DIRECTOR,

15 AND THE REGISTERED INTERIOR DESIGNER SHALL BE REQUIRED TO FURNISH

16 SATISFACTORY PROOF OF COMPLETION OF ANY SUCH TRAINING OR

17 EDUCATION.

18 (5) (a) THE DIRECTOR, UPON HIS OR HER OWN MOTION MAY, AND
19 UPON THE RECEIPT OF A SIGNED COMPLAINT IN WRITING FROM ANY PERSON

20 SHALL, INVESTIGATE THE ACTIVITIES OF ANY REGISTERED INTERIOR

21 DESIGNER OR OTHER PERSON THAT PRESENT GROUNDS FOR DISCIPLINARY

22 ACTION UNDER THIS PART 4.

23 (b) DISCIPLINARY HEARINGS SHALL BE CONDUCTED BY THE

24 DIRECTOR OR BY AN ADMINISTRATIVE LAW JUDGE APPOINTED PURSUANT

25 TO PART 10 OF ARTICLE 30 OF TITLE 24, C.R.S., AND SHALL BE HELD IN THE

26 MANNER PRESCRIBED IN ARTICLE 4 OF TITLE 24, C.R.S.

27 (c) (I) THE DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE SHALL

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 1 HAVE THE POWER TO ADMINISTER OATHS, TAKE AFFIRMATIONS OF

2 WITNESSES, AND ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF

3 WITNESSES AND THE PRODUCTION OF ALL RELEVANT PAPERS, BOOKS,

4 RECORDS, DOCUMENTARY EVIDENCE, AND MATERIALS IN ANY HEARING,

5 INVESTIGATION, ACCUSATION, OR OTHER MATTER COMING BEFORE THE

6 DIRECTOR.

7 (II) UPON FAILURE OF ANY WITNESS TO COMPLY WITH SUCH

8 SUBPOENA OR PROCESS, THE DISTRICT COURT OF THE COUNTY IN WHICH

9 THE SUBPOENAED PERSON OR REGISTRANT RESIDES OR CONDUCTS

10 BUSINESS, UPON APPLICATION BY THE DIRECTOR WITH NOTICE TO THE

11 SUBPOENAED PERSON OR REGISTERED INTERIOR DESIGNER, MAY ISSUE TO

12 THE PERSON OR REGISTERED INTERIOR DESIGNER AN ORDER REQUIRING

13 THAT PERSON OR REGISTERED INTERIOR DESIGNER TO APPEAR BEFORE THE

14 DIRECTOR; TO PRODUCE THE RELEVANT PAPERS, BOOKS, RECORDS,

15 DOCUMENTARY EVIDENCE, OR MATERIALS IF SO ORDERED; OR TO GIVE

16 EVIDENCE TOUCHING THE MATTER UNDER INVESTIGATION OR IN QUESTION.

17 FAILURE TO OBEY THE ORDER OF THE COURT MAY BE PUNISHED BY THE

18 COURT AS A CONTEMPT OF COURT.

19 (d) (I) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE

20 EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT

21 A REGISTERED INTERIOR DESIGNER IS ACTING IN A MANNER THAT IS AN

22 IMMINENT THREAT TO THE HEALTH AND SAFETY OF THE PUBLIC, OR A

23 PERSON IS ACTING OR HAS ACTED WITHOUT THE REQUIRED REGISTRATION,

24 THE DIRECTOR MAY ISSUE AN ORDER TO CEASE AND DESIST SUCH

25 ACTIVITY. THE ORDER SHALL SET FORTH THE STATUTES AND RULES

26 ALLEGED TO HAVE BEEN VIOLATED, THE FACTS ALLEGED TO HAVE

27 CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL

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 1 UNLAWFUL OR UNREGISTERED ACTS IMMEDIATELY CEASE.

2 (II) WITHIN TEN DAYS AFTER SERVICE OF THE ORDER TO CEASE

3 AND DESIST PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (d),
4 THE REGISTERED INTERIOR DESIGNER OR PERSON ALLEGED TO HAVE ACTED

5 WITHOUT REGISTRATION MAY REQUEST A HEARING ON THE QUESTION OF

6 WHETHER ACTS IN VIOLATION OF THIS PART 4 HAVE OCCURRED. SUCH

7 HEARING SHALL BE CONDUCTED PURSUANT TO SECTIONS 24-4-104 AND
8 24-4-105, C.R.S.
9 (e) (I) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE
10 EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT

11 A PERSON HAS VIOLATED THIS PART 4, THEN, IN ADDITION TO ANY SPECIFIC

12 POWERS GRANTED PURSUANT TO THIS PART 4, THE DIRECTOR MAY ISSUE

13 TO SUCH PERSON AN ORDER TO SHOW CAUSE AS TO WHY THE DIRECTOR

14 SHOULD NOT ISSUE A FINAL ORDER DIRECTING SUCH PERSON TO CEASE AND

15 DESIST FROM THE UNLAWFUL OR UNREGISTERED ACT.

16 (II) THE DIRECTOR SHALL PROMPTLY NOTIFY A PERSON AGAINST

17 WHOM AN ORDER TO SHOW CAUSE HAS BEEN ISSUED PURSUANT TO THIS

18 PARAGRAPH (e) OF THE ISSUANCE OF THE ORDER, ALONG WITH A COPY OF

19 THE ORDER, THE FACTUAL AND LEGAL BASIS FOR THE ORDER, AND THE

20 DATE SET BY THE DIRECTOR FOR A HEARING ON THE ORDER. SUCH NOTICE
21 MAY BE SERVED BY PERSONAL SERVICE, BY FIRST-CLASS UNITED STATES

22 MAIL, POSTAGE PREPAID, OR AS MAY BE PRACTICABLE UPON ANY PERSON

23 AGAINST WHOM SUCH ORDER IS ISSUED. PERSONAL SERVICE OR MAILING

24 OF AN ORDER OR DOCUMENT PURSUANT TO THIS PARAGRAPH (e) SHALL
25 CONSTITUTE NOTICE THEREOF TO THE PERSON.

26 (III) THE HEARING ON AN ORDER TO SHOW CAUSE SHALL BE

27 COMMENCED NO SOONER THAN TEN AND NO LATER THAN FORTY-FIVE

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 1 CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF THE

2 NOTIFICATION BY THE DIRECTOR AS PROVIDED IN SUBPARAGRAPH (II) OF

3 THIS PARAGRAPH (e). THE HEARING MAY BE CONTINUED BY AGREEMENT

4 OF ALL PARTIES BASED UPON THE COMPLEXITY OF THE MATTER, NUMBER

5 OF PARTIES TO THE MATTER, AND LEGAL ISSUES PRESENTED IN THE

6 MATTER, BUT IN NO EVENT SHALL THE HEARING COMMENCE LATER THAN

7 SIXTY CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF

8 THE NOTIFICATION.

9 (IV) IF A PERSON AGAINST WHOM AN ORDER TO SHOW CAUSE HAS

10 BEEN ISSUED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (e)
11 DOES NOT APPEAR AT THE HEARING, THE DIRECTOR MAY PRESENT

12 EVIDENCE THAT NOTIFICATION WAS PROPERLY SENT OR SERVED UPON

13 SUCH PERSON PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (e)

14 AND SUCH OTHER EVIDENCE RELATED TO THE MATTER AS THE DIRECTOR

15 DEEMS APPROPRIATE. THE DIRECTOR SHALL ISSUE THE ORDER WITHIN TEN
16 DAYS AFTER THE DIRECTOR'S DETERMINATION RELATED TO REASONABLE

17 ATTEMPTS TO NOTIFY SUCH PERSON, AND THE ORDER BECOMES FINAL AS

18 TO THAT PERSON BY OPERATION OF LAW. SUCH HEARING SHALL BE

19 CONDUCTED PURSUANT TO SECTIONS 24-4-104 AND 24-4-105, C.R.S.

20 (V) IF THE DIRECTOR REASONABLY FINDS THAT THE PERSON

21 AGAINST WHOM THE ORDER TO SHOW CAUSE WAS ISSUED IS ACTING OR

22 HAS ACTED WITHOUT THE REQUIRED REGISTRATION OR HAS OR IS ABOUT

23 TO ENGAGE IN ACTS OR PRACTICES CONSTITUTING VIOLATIONS OF THIS

24 PART 4, A FINAL CEASE-AND-DESIST ORDER MAY BE ISSUED DIRECTING

25 SUCH PERSON TO CEASE AND DESIST FROM FURTHER UNLAWFUL OR

26 UNREGISTERED ACTS.

27 (VI) THE DIRECTOR SHALL PROVIDE NOTICE, IN THE MANNER SET

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 1 FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (e), OF THE FINAL

2 CEASE-AND-DESIST ORDER WITHIN TEN CALENDAR DAYS AFTER THE

3 HEARING CONDUCTED PURSUANT TO SUBPARAGRAPH (III) OF THIS

4 PARAGRAPH (e) TO EACH PERSON AGAINST WHOM THE FINAL ORDER HAS
5 BEEN ISSUED. THE FINAL ORDER ISSUED PURSUANT TO SUBPARAGRAPH (V)

6 OF THIS PARAGRAPH (e) SHALL BE EFFECTIVE WHEN ISSUED AND IS A FINAL

7 ORDER FOR PURPOSES OF JUDICIAL REVIEW.

8 (f) IF IT APPEARS TO THE DIRECTOR, BASED UPON CREDIBLE

9 EVIDENCE PRESENTED TO THE DIRECTOR, THAT A PERSON HAS ENGAGED IN

10 OR IS ABOUT TO ENGAGE IN AN UNREGISTERED ACT; ANY ACT

11 CONSTITUTING A VIOLATION OF THIS PART 4, A RULE PROMULGATED

12 PURSUANT TO THIS PART 4, OR AN ORDER ISSUED PURSUANT TO THIS PART

13 4; OR ANY ACT CONSTITUTING GROUNDS FOR ADMINISTRATIVE SANCTION

14 PURSUANT TO THIS PART 4, THE DIRECTOR MAY ENTER INTO A STIPULATION

15 WITH THE PERSON.

16 (g) IF A PERSON FAILS TO COMPLY WITH A FINAL

17 CEASE-AND-DESIST ORDER OR A STIPULATION, THE DIRECTOR MAY

18 REQUEST THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY FOR THE

19 JUDICIAL DISTRICT IN WHICH THE ALLEGED VIOLATION EXISTS TO BRING,

20 AND IF SO REQUESTED SUCH ATTORNEY SHALL BRING, SUIT FOR A

21 TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO

22 PREVENT ANY FURTHER OR CONTINUED VIOLATION OF THE FINAL ORDER.

23 (h) A PERSON AGGRIEVED BY THE FINAL CEASE-AND-DESIST ORDER

24 MAY SEEK JUDICIAL REVIEW OF THE DIRECTOR'S DETERMINATION OR OF

25 THE DIRECTOR'S FINAL ORDER IN A COURT OF COMPETENT JURISDICTION.

26 (i) THE DIRECTOR MAY, IN THE NAME OF THE PEOPLE OF THE STATE
27 OF COLORADO, THROUGH THE ATTORNEY GENERAL OF THE STATE OF

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 1 COLORADO, APPLY FOR AN INJUNCTION IN ANY COURT OF COMPETENT

2 JURISDICTION TO ENJOIN ANY PERSON FROM COMMITTING AN ACT

3 DECLARED TO BE A VIOLATION OF THIS PART 4. IN ORDER TO OBTAIN SUCH

4 INJUNCTION THE DIRECTOR NEED NOT PROVE IRREPARABLE INJURY.

5 (j) EXCEPT AS PROVIDED IN PARAGRAPHS (h) AND (i) OF THIS

6 SUBSECTION (5), THE COURT OF APPEALS SHALL HAVE INITIAL

7 JURISDICTION TO REVIEW ALL FINAL ACTIONS AND ORDERS OF THE

8 DIRECTOR THAT ARE SUBJECT TO JUDICIAL REVIEW. SUCH PROCEEDINGS

9 SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 24-4-106 (11),
10 C.R.S.
11 (k) WHEN A COMPLAINT OR AN INVESTIGATION DISCLOSES AN

12 INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE DIRECTOR,

13 WARRANTS FORMAL ACTION, THE COMPLAINT SHALL NOT BE RESOLVED BY

14 A DEFERRED SETTLEMENT, ACTION, JUDGMENT, OR PROSECUTION.

15 (l) THE DIRECTOR MAY PROMULGATE RULES AS NECESSARY FOR

16 THE ADMINISTRATION OF THIS PART 4.

17 12-25-406. Repeal of part. THIS PART 4 IS REPEALED, EFFECTIVE

18 JULY 1, 2021. PRIOR TO THE REPEAL, THE REGISTRATION OF INTERIOR
19 DESIGNERS SHALL BE REVIEWED PURSUANT TO SECTION 24-34-104, C.R.S.

20 SECTION 2. Repeal. 12-25-303 (6), Colorado Revised Statutes,

21 is repealed.
22 SECTION 3. 24-34-104, Colorado Revised Statutes, is amended
23 to read:
24 24-34-104. General assembly review of regulatory agencies
25 and functions for termination, continuation, or reestablishment.
26 (52) The following agencies, functions, or both, shall terminate on July
27 1, 2021:

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1 (a) The workers' compensation classification appeals board,
2 created in article 55 of title 8, C.R.S.
3 (b) THE REGISTRATION OF INTERIOR DESIGNERS PURSUANT TO

4 PART 4 OF ARTICLE 25 OF TITLE 12, C.R.S.

5 SECTION 4. Effective date - applicability. This act shall take

6 effect July 1, 2011, and shall apply to interior designers on or after said
7 date.
8 SECTION 5. Safety clause. The general assembly hereby finds,
9 determines, and declares that this act is necessary for the immediate
10 preservation of the public peace, health, and safety.

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