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

NOTICE OF PROPOSED RULEMAKING HEARING
March 6, 2007

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of proposed rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Real Estate Commission to promulgate rules.  

STATEMENT OF BASIS AND PURPOSE

The statutory basis for this rule, entitled Criminal history check required prior to renewal, is 12-61-110(4), 12-61-110.8 and 12-61-114(4), C.R.S as amended.

The notice proposes to amend Rule A-15.  The rule changes require renewal applicants to be placed on inactive status if the Commission has not received the results of their criminal record check -- unless their fingerprints are unreadable or unable to be classified by the Colorado Bureau of Investigations.

A-15. Criminal history check required prior to renewal 
Brokers and salespersons initially licensed prior to July 1, 2004, must submit fingerprints to the Colorado Bureau of Investigation to be used to complete (one time only) a criminal history record check pursuant to 12-61-110 (4) (a) and 110.8 C.R.S. prior to the renewal of an active license, or in the event such license is renewed inactive, prior to activation of such license. Renewed licenses will automatically be placed on inactive status until the results of a criminal record check have been received by the Commission, unless the licensee can demonstrate to the satisfaction of the Commission that the Colorado Bureau of Investigation determined the fingerprints were unreadable or unable to classify (“UTC”), and the renewal applicant has complied with the Colorado Bureau of Investigations procedures for initiating and conducting a background check based upon the licensee’s name. 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.

The Director of the Division of Real Estate will hold a public hearing on the above subject matter on March 6, 2007, at the Colorado Division of Real Estate, 1560 Broadway, Suite 925, Denver, Colorado, 80202 Beginning at 9:00 a.m. in the conference room.