COLORADO REAL ESTATE COMMISSION

Emergency Rule

Adopted January 5, 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 January 5, 2007.

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

The Colorado Real Estate Commission finds that immediate repeal 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.

Rule A-15 of the Colorado Real Estate Commission, as adopted in August 2005, requires renewed licenses to be placed on inactive status until the results of a criminal record check have been received by the Commission.  The rule also requires fingerprints to be readable.  § 12-61-110.8, C.R.S. only requires salespersons or brokers applying for renewal of a license to submit a set of fingerprints to the Colorado bureau of investigation prior to submitting a renewal application.  The statute does not require the Commission to place renewed licenses on inactive status until the results of a criminal record check have been received by the Commission.  A situation has arisen where a large number of licensees have submitted a set of their fingerprints to the Colorado Bureau of Investigation prior to submitting their renewal application, but for reasons beyond their control, the submitted fingerprints were not readable or otherwise able to be processed.  This has resulted in a delay in completing the licensees’ criminal record checks. The emergency rule is necessary in order to avoid placing these licensees on inactive status for reasons beyond their control, where they have made a good faith effort to comply with the law.  The repeal of Rule A-15 is therefore imperative.

Without the repeal 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 repeal this rule.

Rule A-15 is repealed effective January 5, 2007.

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.  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 Colorado Bureau of Investigation.