Colorado Revised Statutes Title 12. Professions and Occupations § 12-20-206. Regulators--consideration of criminal records--petition process--denials--definition

(3)(a) If a regulator is considering an applicant's criminal record during the application process for registration, certification, or licensure, a regulator may only deny or refuse to renew the registration, certification, or license if the regulator determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety.

(b) An applicant's conviction for a crime does not, in and of itself, disqualify the applicant from being issued a registration, certification, or license.

(4)(a) An individual whose conviction may affect the individual's application for registration, certification, or licensure may petition at any time, including while incarcerated or before obtaining any required personal qualifications, for a decision from a regulator as to whether a regulator may consider the individual's criminal record when reviewing the individual's application for a registration, certification, or license.

(b) An individual who petitions a regulator shall include in the petition:

(c) If a regulator determines that a petitioner's conviction will likely be considered, the regulator shall advise the petitioner of any actions the petitioner may take to remedy the disqualification. If remedial action is advised by the regulator, the petitioner may submit a revised petition on or before a date set by the regulator for completion of the remedial actions.

(d) A regulator that makes an initial determination pursuant to this subsection (4) may require a new determination at the time an individual formally applies for registration, certification, or licensure.

(5)(a) In order to deny an application for registration, certification, or licensure pursuant to this section, a regulator bears the burden of proof to show by clear and convincing evidence that the denial directly connects information in an applicant's criminal record to potential performance in and the potential creation of an unreasonable risk to public safety through the particular profession or occupation for which the applicant is applying for registration, certification, or licensure.

(b) If an individual has filed a petition for a determination pursuant to subsection (4) of this section, has received a notice of an agency adjudicatory hearing and filed and answer to the notice pursuant to section 24-4-105, and fails to appear at the scheduled time and place of the hearing, the administrative law judge shall enter a default judgment in favor of the regulator.

(a) Negate any provision for registration, certification, or licensure in this title 12 that requires an applicant to submit information regarding the applicant's criminal history to a regulator with an application;

(b) Negate any other reason specified in this title 12 for which a regulator may deny an applicant registration, certification, or licensure for a profession or an occupation;

(c) Negate any requirement under federal law that requires an individual to obtain or maintain a registration, certification, or license;

(d) Negate the list of determining factors that shall not be considered regarding an applicant's criminal record in section 24-5-101(2)(b); or

(e) Create liability for an employer that fails to hire an individual who has a registration, certification, or license pursuant to this title 12.