[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]

DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
REAL ESTATE BROKERS
4CCR 725-1

A-15 Criminal History Check Required Prior to Renewal

Section 1.	Authority
Section 2.	Scope and Purpose
Section 3.	Applicability
Section 4. 	Criminal History Check Required Prior to Renewal
Section 5.	Effective Date

Section 1.	Authority

The statutory basis for the adoption of this rule regarding real estate brokers is Part 1 of Title 12, Article 61 C.R.S.  The specific rulemaking provisions contained therein are sections 12-61-114(4) and 12-61-114.5, C.R.S.

Section 2.	Scope and Purpose

12-61-110.8, C.R.S. required real estate brokers and salespersons to submit a set of fingerprints to the Colorado Bureau of Investigation for the purpose of a fingerprint based criminal history record check at the time of license renewal.  This section was repealed on July 1, 2008.  This rule is to ensure that all licensees, particularly those that renewed on inactive status during the years of 2005, 2006 and/or 2007 have complied with the fingerprinted-based criminal background checks necessary for active licensure.

The purpose of this rule is to ensure compliance with Part 1 of Title 12, Article 61 C.R.S.

Section 3.	Applicability

This rule applies to real estate brokers licensed by the Colorado Real Estate Commission.

Section 4.	Criminal History Check Required Prior to Renewal

A-15. Brokers initially licensed prior to July 1, 2004, who hold a license that was renewed or reinstated on inactive status during the years 2005, 2006 or 2007 must submit fingerprints to the Colorado Bureau of Investigation to be used to complete a one-time only criminal history record check prior to a change to active status.  Renewed licenses will remain on inactive status until the Commission has received the results of a criminal record check.  Fingerprints may be submitted for processing prior to renewal either electronically or on Card No. FD-258 in a manner acceptable to the Colorado Bureau of Investigation.  Fingerprints must be readable and all personal identification data completed in a manner satisfactory to the Colorado Bureau of Investigation.  The Commission may acquire a name-based criminal history record check for a renewing licensee who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.  

[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]

Section 5.	Effective Date

This rule shall be effective March 2, 2009.