COLORADO REAL ESTATE COMMISSION

Emergency Rule

Adopted March 6, 2007

The Colorado Real Estate Commission adopts the following emergency rule according to its authority as found in §§ 12-61-110(4), 12-61-114(4), and 24-4-103(6), C.R.S. This rule becomes effective on March 6, 2007.

STATEMENT OF PURPOSE AND COMPLIANCE WITH § 24-4-103(6), C.R.S.

The Colorado Real Estate Commission finds that immediate adoption of Rule A-15 is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

§12-61-110.8, C.R.S. requires renewal applicants to submit a set of fingerprints to the Colorado Bureau of Investigation. Rule A-15 of the Colorado Real Estate Commission, as adopted in August 2005, required the submitted fingerprints to be readable. The rule also required renewal applicants to be placed on inactive status until the Commission received the results of their criminal record check. Rule A-15, as adopted in August 2005, was repealed in its entirety on January 5, 2007. The rule was repealed because the fingerprints of a large number of renewal applicants were unreadable for reasons beyond their control. A new rule is required in order to ensure that renewal applicants are placed on inactive status if the Commission has not received the results of their criminal record check -- unless their fingerprints are unreadable for reasons beyond their control. The adoption of this Rule A-15 is therefore imperative.

Without the adoption of Rule A-15, the public’s interest is not served.  Wherefore, the Colorado Real Estate Commission, pursuant to § 24-4-103(6), C.R.S. has an obvious and stated need to adopt this rule.

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: (1) the Colorado Bureau of Investigation determined the fingerprints were unreadable or unable to classify (“UTC”); (2) 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; and (3) the Licensee made a good faith effort to comply with the law. 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.