Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-2-602.5. Criminal history of commercial driving instructors--rules--definition--repeal

(b)(I) The department shall require each commercial driving instructor who provides or is retained to provide driving instruction to minors or at-risk adults to have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The commercial driving instructor shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(II) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.

(III) The Colorado bureau of investigation shall use the commercial driving instructor's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, commercial driving instructor, department, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(IV) The Colorado bureau of investigation shall return the results of its criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for employment as a commercial driving instructor pursuant to subsection (1) of this section.

(V) When the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of a commercial driving instructor, the Colorado bureau of investigation shall inform the department and the department shall inform the commercial driving school, and the commercial driving school shall require the commercial driving instructor to conduct a criminal history record check of the person using Colorado bureau of investigation's records as a substitute for the fingerprint-based criminal history record check required in this subsection (2).

(VI) When the results of a criminal history record check of an applicant performed pursuant to this subsection (2) reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3(6)(d).

(VII) The department shall notify the commercial driving school whether the commercial driving instructor qualifies or is disqualified from providing instruction in accordance with subsection (1) of this section.

(VIII) The commercial driving school shall pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.