CCR Dept. 1504 | Code of Colorado Regulations — Department of Higher Education

1504 Division of Private Occupational Schools

8 CCR 1504-1 Private Occupational Education Act of 1981 {#sec-8-ccr-1504-1 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-1}

Department of Higher Education PRIVATE OCCUPATIONAL EDUCATION ACT OF 1981 8 CCR 1504-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

STATEMENT OF BASIS AND PURPOSE

The Private Occupational School Board, Colorado Department of Higher Education adopts these Rules and Regulations (“Rules”) pursuant to the rule making authority as stated in the Private Occupational Education Act of 1981, Colorado Revised Statutes, Article 64 of Title 23 (“The Act”) at § 23-64-108(1)(i), C.R.S., for the purpose of delineating and clarifying the respective responsibilities of the Private Occupational School Board, the Division of Private Occupational Schools and the Private Occupational Schools under the Act as revised.

I. DEFINITIONS

In addition to the definitions used in the Private Occupational Education Act of 1981, the following will also apply in interpreting the Act and Rules except where the context requires otherwise.

A. “Acceptable full-time equivalent employment/work experience” (for the purposes of instructor qualifications) means full-time equivalent work experience reasonably related to the occupational area to be taught or supervised.

B. “Accreditation” is a status granted to a school by one or more of the accreditation organizations approved by the U.S. Secretary of Education as having met a set of standards established by the organization, or by a programmatic accrediting body recognized by the Council for Higher Education Accreditation as having the ability to accredit freestanding, single-purpose institutions of construction education. Accreditation is voluntary and does not imply automatic transfer of credits from one institution to another.

C. “Admission requirement” means the specific minimum criteria a school must use when accepting a student into the school.

D. “Advanced training” means a program or stand-alone course that requires basic training or experience in an industry or profession as a prerequisite before a student is eligible for enrollment. If the industry or profession requires, a student must have an active and applicable license from the regulating body as a prerequisite to enroll in the advanced training.

E. “Ancillary/supplementary education” means an optional stand-alone course to further the knowledge of a professional in a specific industry or profession. The education must meet current industry standards that benefit or support the professional in the specific industry or profession. The education must be less than 40 hours and have a total cost of less than $1000. For professionals holding an active license in good standing that is regulated by a Colorado state professional licensing entity, the education, curriculum, syllabi, and licensed professional instructing the education must be approved by an industry recognized certification board, or registered product manufacturer or supplier.

Those seeking an exemption for ancillary/supplementary education pursuant to § 23-64-104(1)(c), C.R.S., must request exemption in a manner approved by the F. “Apprenticeships” are registered and defined by the Colorado State Apprenticeship Agency and the United States Department of Labor and Employment.

G. “Approval” means approval by the Colorado Private Occupational School Board (“Board”) unless otherwise provided by these Rules and requires fulfillment of the standards established by the Act and Rules.

H. “Asynchronous” means a learning activity involving academic engagement in which the student interacts with technology that can objectively monitor and document that the student meaningfully participates and benefits from the activity, and by appropriate method, tracks student participation and performance.

I. “Avocational Education” means any education to facilitate the personal development of individual persons which is distinguishable from one’s recognized occupation and is not conducted as part of a program or course designed with the objective to prepare individuals for gainful employment in a recognized occupation. Such avocational education includes programs or courses where the instruction is primarily for personal interest and is recreational such as any hobby, craft, personal development, or non-occupational interest.

J. “Bona fide” means a trade, business, professional or fraternal organization that: is widely recognized by the industry; primarily benefits the organization’s membership or mission; conducts its activities in a manner that serves public or charitable purposes, rather than commercial purposes; receives funding and revenue and charges fees in a manner that does not incent it or its employees to act other than in the best interest of is membership; compensates its employees in a manner that does not incent its employers to act other than in the best interest of its membership; and has existed and operated as a bona-fide organization for two years or more. The Division has the discretion to determine whether the trade organization meets the definition of bona fide and whether its level of oversight is adequate. Those seeking an exemption from the provisions of Article 64, Title 23, C.R.S, for education pursuant to § 23-64-104(1)(h), C.R.S., must apply for the exemption in a manner approved by the Board.

K. “Certified” is a term used by schools to describe certain programs or courses.

The Division does not regulate the use of the term “certified” or certify or license persons.

L. “Computer/online based instruction” means instruction via electronic media.

M. “Continuing Education” means a continuing professional educational program or courses as set forth in § 23-64-104(1)(o), C.R.S.

N. “Course” means a unit of learning which is an integral part of an occupational program of learning.

O. “Contact/Clock hour” means a period of time consisting of a 50- to 60-minute class, lecture, or recitation in a 60-minute period or a 50- to 60-minute facultysupervised laboratory, shop training, or internship in a 60-minute period for inperson or synchronous delivery.

If the program or stand-alone course is asynchronous or synchronous and requires a minimum number of contact/clock hours, the school must demonstrate that the education comports with minimum requirements in accordance with any applicable governing body.

P. “Designated agent” is the school’s representative, having a physical Colorado address (no P.O. Box addresses) other than the school’s address, and upon whom any legal process, notice, or demand may be served. Each school must have a designated agent identified at all times the school is operational and provides educational services.

Q. “Distance Education” is a formal education process in which the orderly delivery of instruction occurs beyond a school’s walls through virtually any media since the student and instructor are in different locations. Distance education may employ a variety of communication methods for delivering instruction to students.

Distance education could be offered either synchronous or asynchronous.

Whether a particular method of distance education is appropriate for a particular type of education is a case-by-case decision by the Division.

R. “Enrollment” for the purposes of reporting data to the Division means any student who has signed an enrollment agreement with the school and remains enrolled after 10% of the training has elapsed.

S. “Externship” is an educational component for which academic credit is awarded, offered as part of an instructional course or program. Externs follow an experienced professional to learn more about their responsibilities without engaging in specific job related tasks or projects. Accredited schools only – if no alternative definition is provided by your accrediting body, then the above definition shall apply.

T. “Fees”, except when used in the context of fees assessed by the Board pursuant to § 23-64-122, C.R.S. (“Board fees”), means a refundable charge assessed to enrolling students and which are intended to cover non-instructional expenses.

Fees may not be used to cover instructional expenses or books and supplies. All fees as defined herein must be itemized.

U. “General Education” means that body of instruction which is not directly related to a student’s formal technical, vocational, or occupational development, but is supportive as a required part of a student’s occupational education, and is intended to impart common knowledge, intellectual concepts, and attitudes. For example, math is a general education course, but applied math is not.

V. “Hybrid education” blends distance education and in-person instruction. Hybrid education integrates both traditional classroom learning and digital tools for instruction and must include frequent regular interaction between students and instructors.

W. “In-state school” is a school with physical presence within Colorado that provides occupational education to students.

X. “Instructor” means any person employed by a school, contracted by a school, or who otherwise provides either in-person or distance education in a program or stand-alone course for the purpose of delivering instruction or training necessary to meet the stated objectives of the program or stand-alone course in which the person is qualified to teach; determines educational objectives and activities of any program or stand-alone course, including, but not limited to measures, assesses, records, reports or evaluates students’ attendance, achievement or completion of lessons, courses or training programs; maintains essential student records and data for which s/he is responsible according to state law or school policy; or exercises technical and functional supervision over instructional staff.

Y. “Instructional Staff” means instructors and, if applicable, program supervisor(s).

Prospective instructional staff means program supervisor or instructor applicants that a school intends to hire.

Z. “Internship” is an educational component for which academic credit is awarded, offered as part of an instructional course or program with job experience included. Accredited schools only – if no alternative definition is provided by your accrediting body, then the above definition shall apply.

AA. “Major program or stand-alone course revision” means changes since the last approval by the Board to the method of delivery; to the occupational objective; and/or increases or decreases in the total hours of the program or stand-alone course exceeding 25% of the total hours of the program or stand-alone course as approved.

BB. “Minor program or stand-alone course revision” means any revision not meeting the definition of a major program or stand-alone course revision.

CC. “Occupational in Nature” for the purposes of determining an exemption under § 23-64-104(1)(c), C.R.S., means a program or course that satisfies the definition of “educational services” or “education” contained in § 23-64-103(13), C.R.S., and the definition of “occupational education” contained in § 23-64-103(17), C.R.S. Any program or course that does not meet this definition is not occupational in nature.

DD. “Out-of-state school” is a school located outside of Colorado that offers occupational education from its location through distance education, which actively solicits, recruits, and enrolls Colorado residents as students.

EE. “Physical presence” means a school that delivers educational services within Colorado, including any combination of factors lending to the determination that the institution maintains a physical presence within the state, including, but not limited to, the presence of a physical facility or equipment, whether owned, leased, rented, or provided without charge; the physical location of student records; or the presence of an on-site school director or similar administrator.

FF. “Prepaid tuition and fees” (for surety purposes) means the total of prepaid, unearned tuition and fees paid by students but not yet earned by the institution, including debt incurred as a result of financial aid disbursements to the student.

GG. “Prerequisite” means any education, credential, license, coursework, specialized training, or expertise required as a necessary precondition of admission into a program or stand-alone course, including advanced training. Admission requirements such as high school diploma or GED are not considered prerequisites.

HH. “Program” means a group or series of organized courses, lessons, or units of instruction that constitutes occupational education.

II. “Provisional Certificate of Approval” means a conditional approval for a new school to operate. A provisional Certificate of Approval is effective for more than one year, but less than two years and during the time of the provisional approval, the school shall establish satisfactory operation and maintain the minimum standards of the Act and these Rules.

JJ. “Regulatory credential” means a license, certification, registration, journeyman’s card, or similar regulatory credential required by industry standards or a regulatory body to engage in the occupation.

KK. “Separate classroom” means a physical location where occupational education or training occurs that is located a reasonable distance from the main school.

LL. “Stand-alone course” is a single course, or one that can be offered independent of a program, which may take the form of a seminar, workshop, continuing education course, or other similar educational service. A stand-alone course may enhance or advance skills in an existing occupation. Courses from within a program that are offered independently or whereby students receive a Certificate of Completion and transcript must be approved as stand-alone courses.

MM. “Synchronous” means the instructor(s) and students utilize in-person or distance education whereby the instructor monitors and directly interacts with students during scheduled class time, taking attendance and engaging with all students.

NN. “Tuition” means the amount of money paid for a student’s education, including federal, state, or private funding, exclusive of costs paid for instructional materials such as books, tools, and supplies. This excludes employer paid training that is not required to be reimbursed by the student.

II. GENERAL AND ADMINISTRATIVE

A. Each school shall prominently display its current Certificate of Approval to the public, prospective students, and other interested persons.

B. Each school that allows tuition or fee financing through installment or deferred payment plans shall comply with the provisions of appropriate state and federal laws concerning consumer credit and truth-in-lending or any other such law related to consumer financing.

C. The payment of all Board fees shall be timely made by the school online or by other approved means.

D. The Division Director shall set the Board agenda; which agenda may be modified by the Board.

E. All applications and forms submitted that require a fee as outlined below in the Fee Schedule must be complete within one year of receipt in accordance with the Division’s policy. If the Division has communicated deficiencies that must be cured prior to approval but the applicant(s) fails to make necessary change(s) to meet requirements of the Act and these Rules, the application shall expire after one year, requiring the school to resubmit the application, fee and supporting documentation in order to be considered for approval.

F. A school whose application has been denied or Certificate of Approval revoked, or individuals associated with such a school, including any owner, officer, agent, administrator, or instructor, may not submit a new application or be associated in any way with a new application for a period of one year.

G. The Division may perform announced and unannounced site visits to the physical premises of a school at any time within the period of a Certificate of Approval to evaluate the school’s ongoing compliance with the provisions of the Act and Rules.

H. The Division may require a school to provide records, files, and/or documents within a requested time frame in electronic or, if approved by the Division, in a hard copy format.

FEE SCHEDULE

Effective Date April 1, 2026 FEE TYPE FEE AMOUNT Provisional In-State School: Initial Application for Certificate of Approval (COA) --includes up to five new Programs and Stand-Alone Courses. Any additional programs or stand-alone courses are subject to the Programs/Course fees listed below.

Initial COA Application for Additional Campus $ 5,130.00 Per School $ 2,565.00 Per Campus Renewal In-State School: Standard COA – three (3) year period $ 2,052.00 Per School/Campus Programs/Courses (Per Program and/or-Stand-Alone Course:):

New Program/Stand Alone Course per Campus Major Revision Program/Stand Alone Course per campus Minor Revision Program/Stand Alone Course per campus $ 513.00 $ 513.00 $ 128.00 In-State Agent Permit: $ 308.00 Per Agent In-State Agent Permit for Multiple Campus Locations under same ownership with same school name: One (1) Permit per agent—valid at all campus locations (Provisional or Standard COA) $ 308.00 Per Agent Out-of-State Initial/Renewal: Initial application and annual renewal Out-of-State Agent Permit per year under same ownership with same school name:

One (1) Permit per agent—valid at all campus locations $ 2,565.00 $ 308.00 Per Agent Student Assessment: In-State and Out-of-State, Quarterly per Enrolled Student (out-of-state is Colorado resident that resides with-in Colorado receiving training or Colorado resident recruited to attend out-of-state school) $ 5.15 Per Enrolled Student (Subject to Change)

ADDITIONAL FEES Per School Change of School Location (per campus) $ 513.00 Change of School Name (per campus) $ 257.00 Change of School Ownership $ 5,130.00 Exemption Request Fee $ 308.00 Student Transcript for Closed School $20.00 Per Transcript Failure to pay and/or late payment of Quarterly Student Assessment fees 1st violation: minimum $100; 2 nd : minimum $300; 3 rd : minimum $500; each violation thereafter: $500.

Failure to adequately and timely submit Annual Filings $500.00 minimum per violation per year PLEASE NOTE:

Fees are NOT refundable.
Fees are established pursuant to § 23-64-122(1), C.R.S., “for the direct and indirect costs of the administration of” the Private Occupational Education Act of 1981.

III. MINIMUM STANDARDS

In addition to the minimum standards outlined in the Act, a school shall comply with the following standards and shall not be owned, operated by, or employ any person who is addicted to or dependent upon alcohol or any controlled substance or such person who is a habitual user of a controlled substance if the use, addiction, or dependence is reasonably found by the Board to present a danger to students, clients, or prospective clients.

A. Financial 1. To meet this minimum standard, the school, its owners, or guarantors shall demonstrate it has sufficient financial resources to:

a. Provide instructional services as described in its application for the full duration of any program or course of instruction, and b. Make refunds as required by the Act.

B. Approval of Educational Services 1. Method of delivery. Schools shall offer only educational services through the method of delivery that has been approved by the Board. Any change to the method of delivery for educational services requires prior approval by the Board as a major program or stand-alone course revision.

Program or stand-alone course approval. All programs and stand-alone courses shall be submitted to the Board for review and approval.

a. New program(s) or stand-alone course(s). Any application for a new program or stand-alone course a school intends to offer after issuance of a provisional Certificate of Approval shall be submitted to the Board for review and approval prior to the proposed date of implementation.

Major program or stand-alone course revisions. All major program or stand-alone course revisions shall be submitted to the Board for review and approval prior to the proposed date of implementation.
Minor program or stand-alone course revisions. Minor program or standalone course revisions shall be submitted to the Division to evaluate compliance with minimum standards. The Division may refer any minor program or stand-alone course revision to the Board for review and determination, if necessary.
Additional review permitted. The Board may require new and/or revised educational services to be evaluated by qualified professionals.
Disciplinary action(s) by outside regulatory agency/accreditor. A school shall notify the Division within fourteen (14) days of any pending or final disciplinary action or withdrawal of approval by any other regulatory agency or accreditor with oversight authority of the school.
A school shall assess students prior to enrollment and shall only admit those who demonstrate a reasonable likelihood of success in completing the education/training and being employed in the field for which trained. A school shall retain documentation of this assessment in each student’s record.
School closure. A school shall notify the Division in writing within twentyfour (24) hours of the school closing. The school shall provide the Division with required records following the closure as required by the Act and these Rules.
Externships/Internships. No internship or externship will be approved in a program if it requires students to be on duty more than eight hours per day for five consecutive days. Appropriate breaks must be included in the externship/internship schedule, pursuant to any and all existing state and federal laws.

a. An externship/internship must be under the coordination of a qualified instructor who meets minimum qualifications for instructional staff and has oversight of students’ education at the externship/internship site.

b. To be considered an externship or internship, the program shall:

(1) Be part of the approved curriculum of the school, (2) Have a written training plan for the program that specifies the expected educational outcome and a schedule of time, including an expected date of completion, (3) Designate an on-site supervisor who will guide the student’s learning and who will participate in the student’s evaluations, (4) Be described in the school catalog and include the purpose and requirements of the course.

c. The student extern/intern is not to replace an employee.

d. Externships/internships may be paid or unpaid.

e. If the externship/internship is part of the course requirements, students may not be considered as graduates or issued educational credentials until the externship/internship has been satisfactorily completed.

f. A school shall maintain documentation of the externship/internship locations and available positions for each program. The school’s documentation for each location and available position must include documentation from an authorized representative of the location verifying that the location will provide the specified number of positions for a defined timeframe that corresponds with the program requirements. All documentation verifying the externship/internship shall be maintained by the school and made available to the Division upon request.

g. The number of students enrolled in a program may at no time exceed the number of available externship/internship positions.

h. Location of externship/internship shall be a location other than that of the school/institution where a student commences all remaining educational requirements. A school on-site clinic/lab cannot be used as a substitute for a required off-site externship/internship.

C. Instructional Equipment, Facilities and Materials 1. Programs and stand-alone courses shall only be offered in institutional facilities that are appropriate for learning activities necessary to complete the occupational objective of the program or stand-alone course.

The equipment and facilities of each school shall conform to safety, health, and other applicable requirements of local, county, state, and federal agencies.
Equipment shall be maintained in good shape and materials shall be available in sufficient quantities to permit skilled development at required levels by all students.
Teaching aids, exclusive of basic supplies, must be as-listed in the school catalog and operable for student use.

D. Administrative Staff, Designated Agent and School Agent(s)

The school shall have sufficient administrative staff based on student enrollment and needs for educational and support services, including required record keeping.
On-site school director required. Each school shall designate an on-site school director for each approved campus. The on-site school director shall be responsible for administrative and instructional staff.
Designated agent. Each school shall identify and maintain a designated agent at all times. Any change to a school’s designated agent shall be reported to the Division within fourteen (14) days.
Agent(s) in possession of agent’s permit. Each school shall maintain at least one agent in possession of an agent’s permit issued by the Division at all times. Only a person in possession of an agent’s permit may sign as a school representative on student enrollment agreements.

a. A school shall maintain an accurate record of all approved agents at all times. A school shall report any removal of an agent to the Division within fourteen (14) days.

b. New agent(s). A school shall submit an application for an agent’s permit to the Division for any person owning any interest in, employed by, or representing a school who enrolls, or who offers or attempts to secure the enrollment of, any person within Colorado for education in a school.

Action against staff by regulatory body. A school shall notify the Division within fourteen (14) days of any action taken against a regulatory credential held by a principal owner, officer, agent, or administrator of the school by any state or federal regulatory body.

E. Instructional staff 1. School responsible for instructional staff conduct. Each school shall be responsible for assuring and documenting that its instructional staff meet minimum qualifications.

a. Additions/changes to instructional staff. Each school shall notify the Division within thirty (30) calendar days of any new instructional staff or changes in employment status of existing instructional staff.

b. Action against instructor’s regulatory credential(s). A school shall notify the Division within fourteen (14) days of any action taken against an instructor’s regulatory credentials by any other regulatory agency or accreditor.

Sufficient instructional staff required. The school shall identify and maintain instructional staff for each program and stand-alone course, including having a sufficient number of qualified instructors to meet the needs of students. The student-teacher ratio for each program and standalone course shall be submitted with the program or stand-alone course application for approval by the Board. Once approved, the student-teacher ratio must not be exceeded at any time.
Minimum qualifications. All instructors employed by a school shall possess the following minimum qualifications to deliver educational services in the program area to be taught:

a. Experience for instructional staff with required regulatory credential.

For occupations that require a regulatory credential to engage in the occupation, a minimum of two years’ experience comprised of at least 4,000 hours of acceptable full or part-time employment/work experience must be documented. Regulatory credential(s) must be continuously maintained and in good standing at all times the instructional staff deliver educational services.

b. Experience for instructional staff without regulatory credential. For occupations that do not require a regulatory credential to engage in the occupation, either a minimum of five years’ experience comprised of at least 10,000 hours of acceptable full or part-time employment/work experience must be documented, or successful completion of an accredited or Board approved program in the occupational area as well as a minimum of two years comprised of at least 4,000 hours of acceptable full or part-time equivalent employment/work experience is required. Work experience earned at an accredited or Board approved program after graduation from the program may be credited toward the two-year requirement provided the work performed is related to the occupational area.

c. Character of instructional staff. A school shall only employ instructors who are of good reputation and free of moral turpitude.

(1) Past offense(s) involving moral turpitude. Consideration of past offenses involving moral turpitude (offenses involving an act of baseness, vileness, or depravity in private or social duties owed to individuals or to society) must bear a reasonable relationship to the activity of providing occupational education. Past offenses involving moral turpitude shall be given consideration at the time of application, however, past offenses do not automatically disqualify instructional staff. Instructional staff may meet minimum qualifications despite past offense(s) if they have been rehabilitated and accept the responsibilities of a lawabiding and productive member of society.

d. Background check required for instructional staff interacting with students under 16 years of age. Instructional staff and prospective instructional staff who may be teaching in a school offering programs or stand-alone courses to students under sixteen years of age (“minor student”) must submit fingerprints and pay the required fee to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint background check in accordance with § 23-64-110, C.R.S.

(1) The Division Director shall give notice to any such instructor or prospective instructor when a fingerprint background check returned to the Board shows that the person has been convicted of, pled nolo contendere to, or received a deferred prosecution or deferred sentence for a felony or misdemeanor described in § 22- 60.5-107(2)(b) or 2.5(a), C.R.S., or any other offense involving moral turpitude. The notice shall indicate that the instructor or prospective instructor may submit written data, views, arguments, or information with respect to the background check and any subsequent rehabilitation that would tend to show that he or she is prepared to accept the responsibilities of teaching minor students.

The Division Director shall give notice to a school that employs or is considering employing an instructor subject to a background check that the instructor’s or prospective instructor’s qualifications are under review but the notice to the school shall contain no reference to or details of the results of the fingerprint background check.

(i) The Director will consider the results of the background check and the instructor’s or prospective instructor’s response to the notice and any other information deemed necessary to determining whether the instructor or prospective instructor is qualified. The instructor or prospective instructor will not be deemed qualified unless the instructor or prospective instructor provides clear and convincing evidence and reasons establishing that he or she has been rehabilitated and is ready to accept the responsibilities associated with teaching minor students. Such a prospective instructor whose results of the fingerprint background check are under review by the Division Director, for such circumstances identified herein, shall not commence instruction of any student under the age of sixteen (16) until such time that the Division Director notifies the school and prospective instructor that a favorable qualification to instruct has been determined. The Director will notify the instructor or prospective instructor of the Director’s determination. Notice to the school shall only include an indication of whether the instructor is qualified or unqualified.

(ii) The instructor or prospective instructor may file an appeal to an adverse Director’s decision concerning qualification to instruct based on criminal history to the Board within 20 days after notice. The appeal shall state in writing the reasons for appealing the notice denying the qualification, including the facts, circumstances and/or arguments supporting its appeal. In the event the Board denies an appeal, the instructor or prospective instructor may request a hearing in accordance with the State Administrative Procedures Act. A final order of the Board is subject to judicial review in accordance with § 24-4-106, C.R.S. in an administrative hearing on instructor qualifications, a certified copy of the judgment of a court of competent jurisdiction of a conviction, the acceptance of a guilty plea, a plea of nolo contendere or a deferred prosecution or deferred sentence shall be conclusive evidence of the court’s action.

(iii) All information related to the results of a fingerprint background check and any investigation of such results shall be treated as confidential data in accordance with § 23-64-109, C.R.S., except as necessary to conduct an investigation of qualifications, until such time as there may be a hearing in accordance with the State Administrative Procedures Act on the matter. A school that employs or is considering employing an instructor subject to a background check shall be notified when a review of instructor qualifications following submission of a background check is complete. Notice to the school shall include only an indication of whether the instructor is qualified or unqualified.

e. Continuing Competency. Instructional staff shall provide the school on a regular basis, but not less than every three (3) years, with sufficient and recent educational and employment/work experience to ensure up-to-date knowledge of content and practice to continue teaching in the occupational field for which they are employed to teach.

(1) Competency may be demonstrated by successful completion of courses from accredited or Board approved schools, occupational experience, workshops/seminars, or continuing education approved by a regulatory agency, organization or recognized professional association, or school directed education/training.

(2) If industry standards or a regulatory body maintain specific requirements for continuing competency in a given field or profession, instructional staff shall comply with the requirements.

f. Annual performance evaluation required. Each school shall complete a written annual performance evaluation of the instructor performed by the on-site school director or other authorized school representative. The performance evaluation must include, at a minimum, an evaluation of the instructor’s effectiveness in meeting the stated objectives of the course and properly and accurately maintaining student records for which the instructor is responsible under school policy, including but not limited to attendance, progress notes and grades and/or satisfactory completion of lessons, courses, or training programs.

Exceptions to Minimum Qualifications.

a. Modeling instructors shall have a minimum of 1,000 hours of acceptable employment/work experience in modeling or related specialized occupations and completion of a modeling or specialized program in the occupational area(s) to be taught, or 2,000 hours of acceptable work/employment experience in the occupational area(s) to be taught.

b. Tax preparation instructors shall have attained a minimum of 1,000 hours of employment/work experience in tax preparation within the last five years, 200 hours of such employment/work experience must have occurred within the last 24 months. In lieu of having acquired 200 hours within the last 24 months, the instructor may substitute a suitable tax preparation update course, which was successfully completed within the past 12 months, and which included at least five contact hours.

c. Securities instructors offering educational services for occupations regulated by the United States Securities and Exchange Commission are exempt from minimum qualification requirements for instructional staff.

d. General Education instructors offering educational services for General Education subject areas only are exempt from minimum qualification requirements for instructional staff.

Changes in instructional staff’s criminal history. Instructional staff shall be required to notify a school within ten (10) days of any offenses involving moral turpitude that occur after the instructional staff’s hire date at the school. A school that receives information regarding an offense involving moral turpitude by instructional staff shall notify the Division not later than twenty (20) calendar days from the date in which the school received notice of the offense involving moral turpitude, including the complete name of the instructional staff, the nature of the offense involving moral turpitude, and any pending law enforcement or judicial proceedings.
Instructor qualification file required. Each school shall maintain an instructor qualification file for each instructor employed. An instructor qualification file shall include, at a minimum:

a. Instructor application;

b. For an instructor teaching in occupational areas for which industry standards or a regulatory body require regulatory credentials:

(1) A copy of any educational credential (degree, certificate, or diploma) showing completion of a training or degree program at an accredited or Board approved school in the occupational area(s) to be taught, and (2) A copy of any applicable regulatory credential(s);

c. For an instructor teaching in occupational areas for which industry standards or a regulatory body do not require regulatory credentials:

(1) If applicable, a copy of any educational credential (degree, certificate, or diploma) showing successful completion of a training or degree program at an accredited or Board approved school in the occupational area(s) to be taught, (2) Documentation of required hours of employment/work experience in the occupational area(s) to be taught, verified by signature of the instructor and the on-site school director;

d. Annual performance evaluations; and e. Documentation demonstrating continuing competency in the occupational field for which the instructional staff is employed to teach.

Guest Instructors. A guest instructor is a person whose special experience or expertise in an area related to the subject matter to be taught will make a contribution to the educational services offered and whose use is to be limited to not more than 20% of the program or stand-alone course. Guest instructors must possess regulatory credentials if the industry or occupation requires, or be a registered product manufacturer or supplier.

Students currently attending the school, or who attended the school at any time during the previous twelve (12) months, may not act as guest instructors. The school shall maintain a record of all guest instructors with the respective courses to which they contributed that documents the special experience or expertise of the person.

Emergency Instructor Provision. A school owner/on-site school director experiencing a hardship in hiring instructional staff who meet minimum qualifications may petition the Board for permission to hire an instructor who does not meet minimum qualifications. The school shall provide the Board with a summary of the efforts made to secure the services of a qualified instructor and describe the requested person’s suitability for the position. The Board may request additional information prior to approving or rejecting the petition and specify a period of time in which the emergency instructor may serve as instructional staff for the school.

F. Requirements for Schools to offer Associate Degree Programs 1. All private occupational schools making application to grant associate degrees shall hold a Certificate of Approval by the Board.

Schools offering an Associate Degree shall be accredited by an accrediting agency which is officially recognized by the United States Department of Education or the Council for Higher Education Accreditation.
All Associate Degree Programs offered by a school shall be approved by the Board.
Application Procedure. An approved school shall make a separate application to the Board for the approval of each associate degree program. The application shall clearly indicate the course of instruction for which the degree will be awarded. Information must be included in sufficient detail to indicate conformance with the following standards of instruction.

a. The curriculum in the appropriate associate degree program shall include a program of instruction which corresponds with general education curriculum course credits required in institutions that prepare the student to enter full-time, entry level employment in their chosen occupation.

b. Types of Associate Degrees:

(1) Associate of Arts (A.A.)

(2) Associate of Science (A.S.)

(3) Associate of Applied Science (A.A.S.)

(4) Associate of Occupational Studies (A.O.S.)

Admission Requirements. A student shall possess a high school diploma or a GED and be able to matriculate in an Associate Degree program.
Curriculum. The curriculum in the appropriate associate degree program of study will consist of courses and/or the occupational education area as approved by the Board. The appropriate associate degree program of instruction will correspond with the curriculum course credits required in institutions of higher education offering such associate degree programs.

This means a minimum curriculum as defined below:

a. Associate of Arts (A.A.) - Degree Programs, requiring 45 quarter credit hours or 30 semester hours of general education courses (Arts, Humanities, Social or Behavioral Sciences, or one of the professional fields of emphasis). The range of credit hours is 60 semester or 90 quarter hours to 68 semester or 102 quarter hours.

Associate of Arts degree programs are intended for transfer into baccalaureate degree programs with junior standing offered by senior colleges and universities.

b. Associate of Science (A.S.) - Degree Programs, requiring 45 quarter credit hours or 30 semester credit hours of general education courses (Mathematical, Biological or Physical Sciences, or one of the professional fields’ emphasis). The range of credit hours is 60 semester or 90 quarter hours to 68 semesters or 102 quarter hours. Associate of Science degree programs are intended to transfer into baccalaureate degree programs with junior standing offered by colleges or universities.

c. Associate of Applied Science (A.A.S) - Degree Programs requiring 18 quarter credit hours or 12 semester credit hours of general education courses. The range of credit hours is 60 semester or 90 quarter hours to 75 semester or 108 quarter hours. Exceptions to the maximum may be granted by the Board if there is a demonstrated need. These programs are occupational in nature and are not intended for transfer to baccalaureate degree programs; however, certain courses may be accepted toward a bachelor’s degree at some colleges and universities. Associate of Applied Science degree programs are intended to prepare students to enter full-time skilled, paraprofessional occupations.

d. Associate of Occupational Studies (A.O.S) - Degree Programs. In addition to the minimum total credits of 90 quarter credit hours or 60 semester credit hours require only that the school justify each such program to the Board in terms of a logical sequence of courses which will assure adequate preparation for entry level employment in a particular occupational field. These programs are occupational in nature and are not intended for transfer to baccalaureate degree programs; however, certain courses may be accepted toward a bachelor’s degree at some colleges and universities. Associate of Occupational Studies degree programs are intended to prepare students to enter full-time, skilled paraprofessional occupations.

Degree credit hours are computed as follows:

For each quarter credit hour awarded: 10 theory/lecture contact hrs. = 1 credit 20 laboratory contact hrs. = 1 credit 30 internship/externship contact hrs. = 1 credit For each semester credit hour awarded: 15 theory/lecture contact hrs. = 1 credit 30 laboratory contact hrs. = 1 credit 45 internship/externship contact hrs. = 1 credit Computation of hours may not be rounded up.

Faculty. Instructors teaching only general education courses in associate degree programs shall hold at least a baccalaureate degree with adequate preparation in areas the instructors are assigned to teach.
Cosmetology and related credit hours. The following only relates to cosmetology and related areas. The school catalog shall include at least the following information which is to be given to the student at the time of the execution of the enrollment agreement.

For all cosmetology schools credit hours are computed as follows: 30 theory/lecture contact hours = 1 semester credit 30 laboratory contact hours = 1 semester credit 30 intern/externship contact hours = 1 semester credit G. School Catalog 1. Each school shall publish a catalog which shall include at least the following information:

a. The name and address of the school.

b. Catalog number and date of publication.

c. Table of contents.

d. Names of owners and officers, including any governing boards.

e. The school calendar, including holidays, enrollment periods and beginning and ending dates of terms, courses or programs as may be appropriate.

f. The school’s enrollment procedures and admission requirements, including a postponement clause and late enrollment procedures, if permitted.

(1) Postponement clause. The school’s policy regarding postponement of starting date and the effect on student’s rights to a refund is to read:

“Postponement of a starting date, whether at the request of the school or the student, requires a written agreement signed by the student and the school. The agreement must set forth:

a. Whether the postponement is for the convenience of the school or the student, and b. The deadline for the new start date, beyond which the start date will not be postponed.

If the course is not commenced, or the student fails to attend by the new start date set forth in the agreement, the student will be entitled to an appropriate refund of prepaid tuition and fees within 30 days of the deadline in accordance with the school’s refund policy and all applicable laws and Rules concerning the Private Occupational Education Act of 1981.”

g. A description of the school’s placement assistance. If no assistance is offered, the school shall make this fact known.

h. The school’s attendance policy, including:

(1) Minimum attendance requirements, (2) Circumstances under which a student will be placed on probation for unsatisfactory attendance, (3) The conditions under which a student may be readmitted, (4) Student leaves of absence, and (5) Any fees resulting from student absence or make-up hours required for completion of the program.

i. The school’s policy concerning student progress and how the policy will be enforced, which shall include:

(1) How progress is measured and evaluated, including an explanation of the school’s system for making progress reports to students and the system of grading used, (2) The conditions under which a student may be readmitted if terminated for unsatisfactory progress, and (3) A description of any probation policy and the circumstances under which a student may be terminated for unsatisfactory progress.

j. The school’s policy regarding student conduct, including causes for dismissal and conditions for readmission.

k. A description of the school’s facilities, teaching aids (exclusive of instructional materials), and equipment used for training.

l. A description of each approved educational program or stand-alone course offered including objectives, prerequisites, tuition, fees, method of delivery, instructional materials, length of time allowed for completion of the program or stand-alone course, and number of lessons or units of instruction, as appropriate.

m. The school’s policy concerning credit granted for previous education, training, or experience, but the policy shall not impact the school’s refund policy.

n. A statement that the school does not guarantee the transferability of its credits to any other educational institution and that transferability is up to the receiving institution, unless the school has written agreement on file of current acceptability of such credits from other institutions.

o. The school’s cancellation and refund policy, which shall include the school’s method of determining the official date of termination.

p. In-state schools shall use a statement printed in the catalog to read, “Approved and Regulated by the Colorado Department of Higher Education, Private Occupational School Board.” Out-of-state schools shall use a statement printed in the catalog to read, “Agents approved by the Colorado Department of Higher Education, Private Occupational School Board.”

q. The school’s policy and procedures for student requests for educational credentials, including the school’s transcript release policy as required by § 23-5-113.5, C.R.S.

r. The school’s grievance policy and protocol for reviewing and resolving student complaints, appeals, or claims. This section must also include:

(1) A statement that students or their guardian may file a complaint online with the Board through the Division’s established process within two years after the student’s last date of attendance at the school, or at any time prior to the commencement of training, (2) The web address and phone number for the Division of Private Occupational Schools, and (3) The complaint policy shall be displayed in a type-size no smaller than that used to meet any other requirements of this

section.

s. Course/programs not regulated by the Division but offered by the school should clearly be designated as such in the school catalog.

Addendum(s) or supplemental page(s). Any addendum or supplemental page may be used as part of the school catalog provided it is used in such a way as to become an effective part of the catalog. Any addendum or supplemental page shall show an effective date and shall be presented to each prospective student with the school catalog prior to execution of any enrollment contract.
Changes to School Catalog. Any changes to approved school catalogs, including addendums or supplemental pages, shall be submitted to the Division for review. The school shall not print or distribute the new catalog prior to confirmation of review by the Division.

H. Student Enrollment Agreement 1. Student enrollment agreements for educational service shall comply with the provisions of § 23-64-126(1), C.R.S., and be completed, dated, and signed by the student in hard copy or a legally accepted electronic signature and by an agent in possession of an agent’s permit prior to the time instruction begins.

The school shall retain a copy of the student enrollment agreement in the student’s record and one copy shall be delivered to the student at the time of execution or by return mail when solicited by mail.
The student enrollment agreement shall include information that will clearly and completely define the terms of the agreement between the student and the school, including at least the following:

a. The name and address of the school and the student;

b. The program(s) or stand-alone course(s) the student is enrolling in, the date training is to begin, and the required date of completion from the program or stand-alone course;

c. Admission requirements for the program or stand-alone course the student is enrolling in;

d. The total costs incurred by the student in order to complete the program or stand-alone course. All costs shall be itemized and include costs for tuition, fees, books and instructional materials, and any other expenses necessary to complete the training. The student enrollment agreement shall outline the method of payment and the payment schedule, if any;

e. The school’s refund policy, including the method of determining the official date of termination, displayed in a type-size no smaller than that used to meet any other requirements of this section;

f. A statement acknowledging receipt by the student of a current/approved copy of the school catalog (including any addendums or supplemental pages) and a copy of the completed student enrollment agreement;

g. A statement that a student or their guardian may file a complaint with the Board online through the Division’s established process within two years from the student’s last date of attendance, or at any time prior to the commencement of training, as follows:

(1) This section shall include the web address and phone number for the Division of Private Occupational Schools, and (2) The complaint policy shall be displayed in a type-size no smaller than that used to meet any other requirements of this

section and shall precede any other grievance/complaints policies referenced; and h. In-state schools shall use a statement printed in the enrollment agreement to read, “Approved and Regulated by the Colorado Department of Higher Education, Private Occupational School Board.” Out-of-state schools shall use a statement printed in the enrollment agreement to read, “Agents approved by the Colorado Department of Higher Education, Private Occupational School Board.”

Student enrollment agreements must reflect and be consistent with the school catalog in effect at the time of enrollment.
Any changes to approved student enrollment agreements, including addendum(s), shall be submitted to the Division for review. The school shall not print or distribute a new student enrollment agreement prior to confirmation of review by the Division.

I. Student Records 1. Educational credentials. A diploma, certificate of completion, degree, record of completion and/or transcript shall be conferred only upon the successful completion of the program or stand-alone course by a student.

Student record required. Each school shall maintain student records in electronic format for each student that enrolls in a program or stand-alone course at the school for any period of time.
Records retained for six years. Each school shall maintain a student record for each student that enrolls in a program or stand-alone course at the school for a minimum of six years from the student’s last date of attendance at the school, which shall include at least the following:

a. A copy of the student enrollment agreement and receipts or other instruments relating to the student’s payment for educational services;

b. Student information including:

(1) Student name, (2) Permanent or other address at which the student may be reached, (3) Records relating to financial payments and refunds, (4) Record of attendance as determined by the school, and (5) Progression notes and grades;

c. Date of completion or termination of training and the reason(s) as determined by the school;

d. Record of any student grievance and documents detailing any subsequent resolution;

e. Copies of all correspondence or other records relating to the recruitment, enrollment, and placement of the student, including information collected by the school to evaluate whether the student demonstrates a reasonable likelihood of success to complete the education/training and be employed in the field for which the student is trained; and f. Educational credentials including a transcript, certificate of completion, diploma, or degree, if applicable.

Records retained indefinitely. Educational credentials, including student transcripts, certificates of completion, diplomas, or degrees must be retained by the school in perpetuity.

a. Student transcripts.

(1) Student transcripts will be provided to the students after graduation/completion of training within a reasonable time and according to statute requirements, not to exceed 45 days.

(2) Upon request, each school shall provide an official transcript within seven (7) days to the student who has satisfied all financial obligations currently due and payable to the school or who meets the criteria set forth in § 23-5-113.5(2)(b), C.R.S., which provides, in relevant part, that a postsecondary institution shall not refuse to provide a transcript or diploma to a current or former student:

(a) On the grounds that the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds; or (b) If the student can demonstrate that the transcript or diploma is needed for one of the following exemptions:

(i) A job application, (ii) Transferring to another postsecondary institution, (iii) Applying for state, federal, or institutional financial aid, (iv) Pursuit of opportunities in the military or National Guard, or (v) Pursuit of other postsecondary opportunities.

Per the statute, subsection III.I. 4.a.(2) of this Rule does not apply to a student who is foreign and present in the United States on a nonimmigrant visa.

(3) Requirements for transcript. A transcript of the individual student’s records of achievement must be maintained in a form that provides at least the following information:

(a) Name of student, (b) Name of school, (c) Title of program or stand-alone course, including total number of hours of training received, the number of hours and method of delivery for each course, and dates of enrollment, (d) Grade record of each course, lesson, or unit of instruction and the cumulative grade for the program or stand-alone course, and (e) Explanation of grading system.

b. Certificate of completion, diploma or degree.

(1) Upon request and if applicable, each school must provide a certificate of completion, diploma, or degree within a reasonable amount of time, not to exceed 60 days, to the student who has satisfied all academic and financial obligations currently due and payable to the school, or who meets the criteria set forth in § 23-5-113.5(2)(b), C.R.S., which provides, in relevant part, that a postsecondary institution shall not refuse to provide a transcript or diploma to a current or former student:

Per the statute, subsection III.I.4.c.(2) of this Rule does not apply to a student who is foreign and present in the United States on a nonimmigrant visa.

(2) Requirements for certificate of completion, diploma, or degree. A certificate of completion, diploma, or degree of the individual student’s records of achievement must be maintained in a form that provides at least the following information:

(a) Name of student, (b) Name of school, (c) Title of program or stand-alone course, including total number of hours of training received and date of completion, and (d) A signature of an instructor or the on-site school director.

A school may use a third-party transcript/record retention company to maintain records if the school obtains prior approval from the Division. A school shall provide the Division with detailed information regarding where the records and transcripts are maintained, and notify the Division of any changes related to the record retention company used by the school or location of the records within thirty (30) days.
Student records in event of school closure. In the event of closure of a school, the school shall deposit with the Division all educational, financial, or other records as described below in electronic format. These records shall be submitted to the Division within sixty (60) days of school closure.

Any delay in record submission or any missing records shall be accounted for.

a. Records required.

(1) Student educational records including transcripts, records of completion, certificates of completion, diplomas, and degrees for all students since the school began operation;

(2) Financial records, including student enrollment agreements, receipts or ledger cards or record of student payments, and refund calculations, if applicable, for all students who attended the school for two years prior to the closure; and (3) A student roster including contact information (phone and email address) of all students who attended the school for two years prior to the closure.

b. Exceptions to record production upon closure.

(1) It is acceptable for a school to maintain its records once it is no longer operating as a Division-approved school if the school is continuing to operate in other locations or has met an approved exemption.

(2) It is acceptable for a school to use a third-party transcript/record retention company to maintain their records following a school closure if the school provides the Division with detailed information regarding where the records and transcripts are maintained and receives approval from the Division.

c. Voluntary closure of school. In the event of voluntary closure of a school, the school owner or on-site school director shall:

(1) Provide student records required in event of school closure, as specified in these Rules, and (2) Provide a record of the status of all students currently enrolled whose training has not been completed within fortyeight (48) hours following school closure.

IV. APPLICATION FOR CERTIFICATE OF APPROVAL AND SURETY

REQUIREMENTS

A. School Name The complete legal name and location of each school shall be clearly stated in its application for a Certificate of Approval.

B. Authority to Execute Applications At the time an application is made, the following individual(s) shall have authority to execute documents on behalf of the applicant:

If the applicant is a corporation, the document must be executed by the president of the corporation or person(s) designated by the corporate 2. If the applicant is a limited liability corporation, the document must be executed by a member with authority to execute on behalf of the limited liability corporation.
If the applicant is a partnership, the document must be executed by a partner with authority to execute on behalf of the partnership.
If the applicant is an individual, the document must be signed by the individual.

C. Franchise Agreement A school operating under any form of franchise agreement must file said franchise agreement and all attachments thereto with the Board as a part of its application for a Certificate of Approval. No franchise school shall be approved unless the franchise agreement contains a provision that the franchise shall not be terminated by the franchiser or the franchisee by reason of default or otherwise, until sufficient arrangements, as determined by the Board, shall have first been made to ensure the completion of training of students enrolled in said school; and for the appropriate preservation and/or transfer of pertinent school and/or student records to the Division.

D. School Sites 1. Physical location. An applicant shall identify a physical location in its application that is suitable for use in providing educational services the applicant intends to offer.

Schools with multiple locations. Schools under common ownership which offer educational services and maintain ongoing individual facilities, faculty or students shall be considered as independent entities and required to apply for and obtain a Certificate of Approval for each facility.
Temporary off-site educational offering. A school that intends to offer educational services on an intermittent schedule that does not represent a consistent pattern at locations other than the approved school site as described above must notify the Division thirty (30) days prior to each program or stand-alone course start date. No exterior or interior school emblem/logo is to be displayed at times other than during approved sessions. This notification shall include:

a. Date of educational service and the program or stand-alone course to be offered, b. Length of program or stand-alone course, c. Number of students anticipated, d. Location of facility (complete physical address), e. Description of facility, including square feet, type of facility, etc., f. Instructional staff providing educational services at the location (other than the approved school site), and g. New surety calculation form and, if appropriate, evidence of a surety bond or surety alternative to cover all students, including those enrolled in a program or stand-alone course taking place at a location other than the approved school site.

This would be classified as a temporary offsite educational offering not to exceed three months and would not require a separate Certificate of Approval. However, this temporary offsite educational offering would fall under the jurisdiction of the school conducting the educational services and that school is responsible for maintaining compliance with the Act and these Rules within the scope of its Certificate of Approval.

Separate classroom(s). A separate classroom may be used if the school obtains approval from the Division prior to offering educational services from the separate classroom. A site visit will be conducted prior to approval.
Change of physical location. A school shall submit an application for change of location not later than thirty (30) days prior to moving a school site. The Division shall have authority to approve applications for change of location.

E. Financial 1. Provisional certificate of approval. At the time application is made for a provisional Certificate of Approval, the applicant shall provide a statement of projected operations for a twelve (12) month period from the financial statement date.

Renewal application for Certificate of Approval. A school submitting a renewal application for a Certificate of Approval shall provide at a minimum a complete set of compiled financial statements which includes a cover sheet, balance sheet, income and expense statement, source and use statement and all supportive notes, prepared by an independent public accountant or a certified public accountant using a format which reflects generally accepted accounting principles and procedures.
Parent corporation financial information. A school which is a subsidiary of another corporation shall submit to the Board as a part of the school’s application current financial information about the parent corporation including separate financial statements pertinent to the school.

F. Surety Bonds and Surety Bond Alternatives 1. General requirements. At the time application is made for a Certificate of Approval, the applicant shall file with the Division evidence of a surety bond or surety alternative which meets the requirements set forth in the Act and these Rules.

a. Each school shall file evidence of one surety bond or surety alternative covering the school and its agents.

b. Amount of surety bond or surety alternative. The surety bond or surety alternative submitted with an application for a Certificate of Approval shall be in the amount required by § 23-64-121(3), C.R.S.

c. Surety calculation form required. Each application for a Certificate of Approval shall include a bond calculation form signed by an authorized representative of the school showing in detail the calculations made pursuant to § 23-64-121, C.R.S., and explaining the method used for computing the amount of the surety bond or surety alternative.

Surety bond. In order to be approved by the Board, an applicant must file with its application evidence of a surety bond that is:

a. Executed by the applicant and by a surety company authorized to do business in Colorado, b. In a form acceptable to the Division, c. Conditioned to provide indemnification to any student or enrollee of an in-state or out-of-state school or his/her parent or guardian determined by the Board to have suffered a loss of tuition or any fees as a result of violation of any minimum standard or as a result of a holder of a Certificate of Approval ceasing operation, d. Assigned to the Division of Private Occupational Schools, and e. A clear, clean electronic copy of an original bond.

Savings account – surety alternative. In lieu of a surety bond, an applicant may file with its application an assignment of savings account that is:

a. In a form acceptable to the Division, b. Executed by the applicant and by a state or federal savings and depositor’s corporation, and c. Assigned to the Division of Private Occupational Schools.

Timed certificate of deposit – surety alternative. In lieu of a surety bond, an applicant may file with its application a timed certificate of deposit that is:

a. Executed by the applicant and by a state or federal savings and depositor’s corporation, b. In a form acceptable to the Division, and c. Either:

(1) Payable to the Division of Private Occupational Schools, (2) In the case of negotiable certificate of deposit, is properly assigned without restriction to the Division of Private Occupational Schools, or (3) In the case of nonnegotiable certificate of deposit, is assigned to the Division of Private Occupational Schools by assignment in a form satisfactory to the Division.

Irrevocable letter of credit – surety alternative. In lieu of a surety bond, an applicant may file with its application an irrevocable letter of credit that is:

a. In a form acceptable to the Division, b. Assigned to the Division of Private Occupational Schools, c. Conditioned to provide indemnification to any student or enrollee of the school or a parent or guardian of any student determined by the Board to have suffered loss of tuition or any fees as a result of violation of any minimum standard or as a result of a holder of a Certificate of Approval ceasing operation, and d. Executed by the applicant and by a state or federal savings and depositor's corporation.

Any entity in possession of a surety alternative submitted as part of an application for a Certificate of Approval must have financial resources equal to or exceeding the maximum surety amount required to be maintained by the school.
The Board may make demand on the surety of a school that has ceased operation as authorized in § 23-64-121(5), C.R.S.

a. Students enrolled at time of school ceasing operations. To the extent that the school’s records allow, the Division may provide written notice to students who are or may be impacted by the school closure. Any notice or communication by the Division will be directed to the students at the contact information provided by the (1) Documentation required for claims for prepaid, unearned tuition. Any claim for a student’s prepaid, unearned tuition must be accompanied by necessary documentation, including a completed student enrollment agreement and receipts or other documentation demonstrating payment(s) made by the student for the amount claimed.

b. The Division will use the amount of the surety to secure train-outs for students impacted by the school’s closure or to issue refunds for students’ prepaid, unearned tuition.

c. Division administrative costs. If surety exceeds the amount necessary to secure train-out and/or issue refunds to students impacted by a school ceasing operations, the remainder may be retained by the Division as reimbursement up to the amount of any actual administrative costs incurred by the Division that are associated with the school closure and documented as such.

G. Types of Certificates of Approval 1. Provisional Certificate of Approval. Upon review of an initial application for a Certificate of Approval, the Board may issue a provisional Certificate of Approval to a school. The provisional Certificate of Approval shall be effective for more than one (1) year and less than two (2) years.

Certificate of Approval. Upon satisfactory demonstration of a school’s operation during the provisional approval period, the Board may issue a school a standard Certificate of Approval, effective for three (3) years.
Conditional Certificate of Approval. The Board may place conditions upon approval of an application for a provisional or standard Certificate of Approval to address regulatory requirements, educational standards, correct deficiencies or impose restrictions. Duration of conditional approval shall be determined on a case-by-case basis by the Board, not to exceed one (1) year.
Application for change of ownership a. An application for change of ownership shall be filed for approval by the Board whenever a change or transfer of the school’s control or majority ownership interest occurs. A change of ownership includes but is not limited to a sale, merger, acquisition, inheritance, or restructuring.

b. Timing of change of ownership. The change of ownership shall not occur until the Board approves the application for change of ownership submitted by the proposed new owners. If the change of ownership occurs before the Board reviews and determines an application for a change of ownership, the Board may treat the application as an application for a provisional Certificate of Approval and require payment of the fee for a provisional in-state c. Seller responsibilities. The seller, prior to the effective date of the change of ownership, shall notify the Board in writing of the pending sale and submit a roster of students currently enrolled and a detailed written plan outlining the process for transfer of all student records to the proposed new owner.

(1) Maintain minimum standards. The seller is required to maintain minimum standards for the school until the change of ownership is approved by the Board, including but not limited to maintaining adequate surety coverage and oversight of instructional and administrative staff, and if applicable, continuing to administer and fund student financial aid.

d. Proposed new owner responsibilities. The proposed new owner shall make application for change of ownership on electronic format as prescribed by the Board and shall include all information and documentation as specified in the application.

e. The Board may review a change of ownership application on a case-by-case basis if, after initial review, the Board determines that the seller or proposed new owner has circumstances beyond their control that fall outside the Rule as written above.

V. ONGOING FILING REQUIREMENTS

A. Annual filings. Each school holding a Certificate of Approval shall file annually on or before July 31st with the Division a bond calculation, student enrollment and graduate/completion data, placement statistics, instructional staff, and an attestation as follows:

Bond calculation. Each school holding a Certificate of Approval shall file annually a surety calculation form justifying the continued adequacy of the surety bond or surety alternative being maintained by the school. The calculation shall be based on the amount of maximum prepaid tuition and fees collected and held at any one time during the calendar year.
Student enrollment and graduate/completion data. Each school shall file annually student enrollment and graduate/completion data consistent with the following:

a. Name/identification of the program(s) or stand-alone course(s) for which certificates, diplomas or associate degrees were awarded, b. The name of each student who successfully completed each program or stand-alone course within the annual reporting period, c. The race, ethnicity, and gender data of students who successfully completed each program or stand-alone course, if known to the 3. Placement statistics. Each school which offers or advertises placement assistance for any course or instruction shall file with the Division its placement statistics as follows for each program for the preceding year.

a. The number of graduates who requested placement assistance, b. The number of graduates who received job offers for which they were trained, and c. The number of graduates who received job offers in a related area for which they were trained.

Instructional Staff. Each school shall file annually a list of all instructional staff employed by the school within the annual reporting period and identify the program(s) or stand-alone course(s) in which the instructional staff taught or provided educational services to students.
Reporting of transcript/certificate withholding data.

a. As required by § 23-5-113.5, C.R.S., each school shall report the number of students for whom the school is withholding official transcripts, diplomas, and registration privileges.

b. As required by § 23-5-113.5, C.R.S., each school shall report the number of past due student accounts assigned to third-party collection agencies.

Attestation by qualified school representative. A school’s annual filing shall include the printed name and written or electronic signature of the school representative submitting the document or filing and include an acknowledgement that the school representative affirms under penalty of law that the information provided is true and complete and that all student records for the reporting period are maintained as required by the Act and these Rules.

B. Quarterly filings. Each school shall file with the Division on a quarterly basis (on or before January 15, April 15, July 15, and October 15 of each year) the number of students currently enrolled in the school, even if no student is currently enrolled, and a student assessment fee in an amount provided in these Rules.

C. Evidence of continued surety coverage. Each school shall submit to the Division on an annual basis evidence of continued surety coverage pursuant to a surety bond or surety alternative as required by the Act and these Rules.

Surety bond. A school shall submit a continuation certificate to the Division no less than fifteen (15) days prior to the renewal date of the surety bond confirming the next term of coverage.
Timed certificate of deposit. Schools that have assigned a certificate of deposit to the Division as a surety alternative must submit a bank statement or other acceptable verification from the bank within fifteen (15) days of the maturity date or as requested by the Board. The bank statement must show that the certificate of deposit account remains open, the account number, the amount of the Certificate of Deposit, and the next maturity date/ term.
Assigned savings account. Schools that have assigned a savings account to the Division as a surety alternative must submit annually, or as requested by the Board, a current bank statement or other acceptable verification from the bank confirming the account remains open and assigned to the Division. The bank statement must show the savings account number and the balance of the savings account.
Irrevocable letter of credit. Schools that have assigned an irrevocable letter of credit to the Division as a surety alternative must submit verification that the letter of credit requirements are still being met and that the irrevocable letter of credit remains in effect within fifteen (15) days prior to the expiration date or as requested by the Board. The verification must include the letter of credit number, the amount, and the next expiration date or term, if applicable.
Changes to surety coverage. A school shall notify the Division in writing of any anticipated change in surety coverage at least fifteen (15) days prior to the expiration or maturation of a school’s current surety bond or surety alternative.

VI. AGENTS

A. Each school shall be responsible for the conduct of its agents in the performance of their duties and shall select each of them with the utmost care, provide them with adequate training and arrange for the regular and proper supervision of their work.

B. The agent shall not use the availability of student aid as an inducement.

C. No school shall conduct surveys for the purpose of developing enrollment leads near (3 blocks or less) any state or federal social services program center (i.e., welfare, food stamps, unemployment, etc.).

D. A school is allowed to solicit in public places provided that the name and address of the school is displayed.

E. An agent’s permit is not required for referrals.

VII. DECEPTIVE TRADE AND SALES PRACTICES

As clarification and in furtherance of the protections against the deceptive trade and sales practices outlined in the Private Occupational Education Act of 1981, as amended, a school shall comply with the following:

A. A guarantee of placement shall not be falsely promised or implied.

B. If a school located within the State of Colorado refers to the fact that it is approved, the school will use the following phraseology as it pertains to its approved educational programs or courses only: “Approved and Regulated by the Colorado Department of Higher Education, Private Occupational School Board.”

C. Distance education shall be disclosed in the school’s advertising and promotional materials that distance education is the primary instructional methodology.

D. A school or other representative shall not falsely or deceptively represent that the school has restrictions on enrollment as to number, date of submission of application or similar false representations.

E. A school or its agents and representatives shall not make or perpetuate any false or deceptive statements in regard to any other postsecondary school or college, whether public or private, nor shall a school or agent recruit students who are currently enrolled in another school.

F. A school shall advertise only in its approved name.

G. A school shall include the school name, a phone number, street address, city, and location where training is to be offered in all print advertising including electronic media.

H. A school shall not represent directly or by implication that there is a substantial demand for persons completing any of the programs offered by the institution unless the institution has a reasonable basis for the representation documented by competent, objective, and statistically valid data.

I. A school shall clearly indicate in its advertising and promotional materials that education and/or occupational training is being offered.

J. A school may use only testimonials that accurately reflect current practices of the institution or current conditions or current employment opportunities in the field.

Such testimonials may be used if prior written consent is obtained and no remuneration or other consideration is made for either the consent or the use of the endorsement.

K. A school may advertise that it is endorsed by manufacturers, business establishments, organizations or individuals engaged in the line of work for which it provides training, if the school has written evidence of this fact and this evidence is made available to the student.

L. No school may advertise “accredited” unless such status has been received and maintained from an accrediting body currently listed as recognized by the U.S.

Secretary of Education or is accredited by a programmatic accrediting body recognized by the Council for Higher Education Accreditation as having the ability to accredit the freestanding, single purpose institution of construction education. This refers to the U.S. Department of Education’s List of Agencies (Eff. Oct. 2019), available electronically at https://ope.ed.gov/dapip/#/agency-list (later amendments not incorporated), or the Council for Higher Education Accreditation’s Directory of Recognized Accrediting Organizations (Updated July 2021), available electronically at https://www.chea.org/chea-recognizedaccrediting-organizations (later amendments not incorporated). The U.S.

Department of Education is located at 1244 Speer Blvd., Ste. 310, Denver, CO 80204. The Council for Higher Education Accreditation is located at One Dupont Circle NW, Suite 510, Washington, DC 20036. The Colorado Division of Private Occupational Schools maintains a copy available for public inspection at 1600 Broadway, Ste. 2200, Denver, CO 80202, during regular business hours. Upon request, the Colorado Division of Private Occupational Schools will provide an electronic copy for free or a printed copy for a reasonable per page charge.

M. No school may offer access to Title IV funds without approval to participate in the Title IV student federal fund program from the United States Department of Education. This refers to the Higher Education Act of 1965, P.L. 89-329, § 401, 79 Stat. 1219, 1232-1254 (1965), available electronically at https://www.govinfo.gov/content/pkg/STATUTE-79/pdf/STATUTE-79-Pg1219.pdf.

Later amendments not incorporated. The U.S. Department of Education is located at 1244 Speer Blvd., Ste. 310, Denver, CO 80204. The Colorado Division of Private Occupational Schools maintains a copy available for public inspection at 1600 Broadway, Ste. 2200, Denver, CO 80202, during regular business hours.

Upon request, the Colorado Division of Private Occupational Schools will provide an electronic copy for free or a printed copy for a reasonable per page charge.

N. A school shall not advertise as an employment agency or the equivalent.

O. A school shall not deceptively advertise in conjunction with any other business or establishment.

P. A school may not follow-up employer help wanted advertisement with offers of training.

Q. Any school which has an agency shall not advertise in the help wanted section for that agency.

R. Any school or agency which offers classes at “no charge” but receives direct or indirect payment of fees or other pecuniary benefits or considerations, “for other services including publications, photo sessions and workshops” is considered to be a school and is required to hold a Certificate of Approval from the Board.

S. Students who apply for and properly represent their financial aid application and do not qualify for financial aid within the first two weeks of classes and are accepted on the basis of forthcoming financial aid eligibility shall not be referred to a collection agency.

T. Institutions placing advertisements in classified columns of newspapers or other publications to attract students must use only classifications such as:

“Education,” “Schools,” or “Instruction.” Headings such as “Help Wanted,”

“Employment,” “Career Opportunity,” or “Business Opportunities” may be used only to procure employees for the institution.

U. Any income sharing agreements, employer sponsored tuition reimbursement agreements, or any other method of tuition financing must be clearly detailed and approved by the Division or Board prior to implementation. A clearly written agreement signed by the approved school agent and student must be executed and maintained in perpetuity.

VIII. REFUND POLICY

A. The official date of termination or withdrawal of a student shall be determined in the following manner:

The date on which the school is noticed to be the student’s last date of actual attendance, 2. The date on which the student violates published school policy which provides for termination, or 3. Should a student fail to return from an excused leave of absence, the effective date of termination for a student on an extended leave of absence or a leave of absence is the earlier of the date the school determines the student is not returning or the day following the expected return date.

B. Refunds must be calculated from the official date of termination or withdrawal and calculated on the period of time designated on the enrollment agreement executed with the student and must be made within thirty (30) days from the official date of termination.

C. Application/registration fees may be collected in advance of a student signing an enrollment agreement; however, all monies paid by the student will be refunded if the student does not sign an enrollment agreement and does not enter school.

D. No student shall be continued on an inactive basis in violation of school policy without written consent of the student. Inactive students must be terminated within 30 days of the next available start date and refunded appropriate prepaid tuition and fees at that time.

E. Any refund of tuition or fees paid by a sponsoring agency or individual on behalf of a student will be returned to the sponsoring agency or individual, rather than the student.

IX. COMPLAINTS

A. The school shall attempt to resolve internally filed or noticed student complaints promptly and fairly in accordance with the procedures stated in its grievance policy and shall not subject a student to punitive action because the student filed a grievance/complaint with the school or the Board.

B. Complaints or claims pursuant to §§ 23-64-121(4)(a) or 23-64-124, C.R.S., may be filed electronically with the Board through the Division’s established process within two years after the student’s last date of attendance at the school, or at any time prior to the commencement of training.

C. The Board and/or Division may initiate an investigation. The Board may issue a notice of noncompliance, with or without a complaint, at any time that it has reason to believe that a school has violated or is violating the Act or Rules.

X. STATE ADMINISTRATIVE PROCEDURES ACT

All final decisions made by the Board regarding issuance, denial, and revocation of all types of Certificates of Approval, agent permits and instructor qualifications according to § 23-64-129, C.R.S., will be under the provisions of the “State Administrative Procedures Act”, article 4 of title 24, C.R.S.

XI. DISCIPLINARY ACTIONS

A. The Board may issue a cease and desist order, deny, suspend, revoke or place on probation a school’s Certificate of Approval or agent’s permit if the applicant or holder:

Violates or fails to comply with any provision of the Act or these Rules established pursuant to the Act;
Uses fraud, misrepresentation, or deceit in applying for a Certificate of Approval or agent’s permit or in complying with ongoing reporting requirements;
Is convicted of or has entered a plea of nolo contendere or guilty to or has received a deferred sentence or a deferred prosecution for a felony;
Violates probation;
Uses deceptive advertising or deceptive trade and sales practices;
Fails to notify the Division in writing within fourteen (14) days of any action which changes the school’s status with the United States Department of Education, any other state or federal regulatory body, accrediting body, trade or membership association, or any national association or organization. This includes any adverse or disciplinary action, including but not limited to, probationary status; or 7. Fails to notify the Division in writing within fourteen (14) days of any disciplinary action taken against a regulatory credential held by a principal owner, officer, agent, administrator, or instructor of the school by any state or federal regulatory body.

B. Actions Available. The Board may take one or more of the following actions against a school’s Certificate of Approval or an agent’s permit:

Notice of Noncompliance. If the Board determines upon reasonable belief that a school or agent has violated or is violating one or more provisions of the Act, these Rules, or an order of the Board, the Board shall issue a notice of noncompliance which includes the following:

a. The information possessed by the Board which supports or caused the Board to form a reasonable belief that a school or agent has violated or is violating the Act, these Rules, or an order of the Board, and b. A period of time within which the school or agent may submit written data, views, arguments, or information regarding the information provided in the Notice of Noncompliance and any steps taken to eliminate the reason(s) for the Notice of Noncompliance.

Notice of Charges. The Board may choose to revoke a Certificate of Approval or agent’s permit after considering the information provided in a Notice of Noncompliance and any written data, views, arguments, or information submitted by a school or agent in response to a Notice of Noncompliance.
Limited suspension of program or stand-alone course approval. The Board may suspend its approval of a program or stand-alone course if the Board has a reasonable belief that the program or stand-alone course does not comply with one or more of the provisions of the Act, these Rules, or an order of the Board.
Summary Suspension. If the Board has a reasonable belief that a school or agent has willfully and deliberately violated the Act, these Rules, or an order of the Board, or that the public health, safety, or welfare imperatively requires emergency action, the Board may summarily suspend a Certificate of Approval or agent’s permit pending a hearing, which shall be promptly instituted and determined.

C. The Board may use an administrative law judge employed by the Office of Administrative Courts in the Department of Personnel and Administration to conduct hearings if time is determined to be a factor.

D. The Board may enter into a voluntary agreement with any school or agent to suspend, revoke, or place on probation the school’s Certificate of Approval or the agent’s permit. Such agreements shall have the force and effect of an order of the Board and violation of the terms of such agreement by a school or agent shall be grounds for disciplinary action up to and including revocation of the school’s Certificate of Approval or the agent’s permit.

E. Administrative Fines or Fees. In addition to or in lieu of seeking a temporary restraining order or an injunction pursuant to § 23-64-131(1), C.R.S., the Board may impose a fine on any entity which violates the Act, the Rules, or an order of the Board. In pursuing a school or agent which violates the Act, the Rules, or an order of the Board, the Board may also assess fees incurred by the Board for the direct and indirect costs of the administration of the Act pursuant to § 23-64- 122(1), C.R.S. Fines or fees for violations shall be determined by the Board pursuant to the Act and the Rules. There is no statutory minimum or maximum fine or fee amount prescribed by the Act. Fines or fees may be imposed by the Board, unless otherwise provided by the Act or the Rules.

Procedure.

a. Notice of Noncompliance. Based upon a reasonable belief that a violation occurred, the Board may issue a Notice of Noncompliance to the school or agent requesting a response. After receiving the response, the Board shall deliberate and make a decision on the issuance of a fine or fee and the fine or fee amount.

b. Notice of Fine or Fee. If the Board decides to fine a school or agent, the Board shall issue a Notice of Fine or Fee, which shall:

(i) Identify the school or agent, (ii) Provide a concise statement of the facts and/or conduct constituting the violation and the specific statutory provision or rule violated, (iii) The fine or fee assessed in accordance to this Rule, (iv) A statement that the school or agent has a right to request a hearing of the Board’s decision, and (v) A statement of how and when the fine or fee must be paid.

Factors Used to Determine Fine or Fee Amount. In determining whether to impose a fine or fee and the amount of the fine or fee, the Board shall consider and take into account the following aggravating and mitigating factors in establishing the degree of seriousness of the violation(s) for which to impose a fine or fee on a school or agent:

(a) Aggravating Factors.

The school or agent has failed to correct the violation or continues or repeats the violation, - The violation involved intentional, misleading, and false representation, reporting and disclosure, - The actual and potential damages suffered, and actual or potential costs incurred, by the Board, or by any other person as a result of the violation, - The violation resulted in intentional and reckless willful and negligent conduct, - The violation resulted in significant negative impact, threat, or harm to the public, and - The school or agent has engaged in a pattern of noncompliance with Board laws, rules, and orders.

(b) Mitigating Factors:

The school or agent self-reported the violation, - The school or agent demonstrated prompt, effective and prudent response to the violation, to remedy and mitigate whatever harm might have been done as result of the violation, - The school or agent cooperated with the Board, or other agencies and impacted parties with respect to addressing the violation, and - The violation was outside of the entity’s reasonable control and responsibility.

Schedule of Fines or Fees. Unless otherwise provided by the Act, the Board may utilize the following classification table in determining and imposing administrative fines or fees on a school or agent:

Violation Fine or Fee Deceptive Trade or Sales Practice §§ 23-64- 112(1)(k) and 23-64-123, C.R.S., and/or Board

Rule VII. $1000 minimum for each violation.

Operating after expiration date of certificate of approval, § 23-64-113(1)(a), C.R.S., and/or Board

Rule IV. $1000 minimum for violation and $50 each day in violation.

Operating without adequate Surety Coverage, § 23- 64-121, C.R.S., and/or Board Rules IV or V. $1000 minimum for violation and $50 each day in violation.

Offering Program/Courses without Board approval, § 23-64-112(1)(c), C.R.S., and/or Rule III.B. $500 minimum fine for each violation.

Unauthorized agent, § 23-64-111, C.R.S., and/or Board Rule VI. $500 minimum for violation and $50 per day in violation.

Failure to adhere to state refund policy upon student withdraw or termination, § 23-64-120, C.R.S., and/or Board Rule VIII. 1st violation: minimum $100; 2nd minimum $300; 3rd minimum $500, and each violation thereafter.

Unqualified instructional staff, § 23-64-112(1)(e), C.R.S., and/or Board Rule III.C. 1st violation: minimum $200; 2nd violation minimum $300; 3rd violation minimum $500 and each violation thereafter.

Failure to timely and adequately correct an on-site inspection deficiency and/or application/record review, § 23-64-112, C.R.S. 1st Offense minimum $100 per violation; 2nd Offense minimum $300 per violation; 3rd Offense minimum $500 per violation, and each violation thereafter.

False statement about material fact in application, § 23-64-112, C.R.S., and/or Board Rule XI. $500 minimum per violation Failure to properly execute student enrollment agreement, § 23-64-126, C.R.S., and/or Board Rule III.H. $200 minimum per violation Any other violation of the Act, Rule or order of the $100 to $5000 per violation 4. Administrative Hearing. In lieu of paying the imposed fine or fee, the school or agent may request a hearing before an administrative law judge in accordance to the State Administrative Procedures Act. All final decisions of the Board regarding the issuance of fines or fees and any other form of disciplinary action as set forth in the Act, including administrative fines or fees, shall be in accordance to the State Administrative Procedures Act.

Payment of fines or fees. Unless the school or agent requests a hearing pursuant to the State Administrative Procedures Act, any fine or fee imposed pursuant to § 23-64-131, C.R.S., and this Rule shall be paid within 30 days of the date of the Notice of Fine or Fee. Any fine or fee imposed subsequent to an administrative hearing and final Board order shall be paid within 30 days of a final Board order. All fines or fees shall be paid electronically. All fines collected pursuant to this Rule shall be transferred to the State Treasurer, who shall credit the same to the State General Fund.
Failure to Pay a Fine or fee. Failure to pay an administrative fine or fee by its due date may result in the suspension or revocation of the school’s certificate of approval or the agent’s permit in accordance with the Act, the Rules and the State Administrative Procedures Act.

Editor’s Notes

History

Rule II- F eff. 03/02/2009.

Entire rule eff. 03/31/2009.

Rule V.C. eff. 11/01/2010.

Entire rule eff. 12/10/2011.

Fee Schedule emer. rule eff. 11/06/2013.

Entire rule eff. 12/30/2013.

Fee Schedule eff. 03/02/2014.

Fee Schedule eff. 09/14/2014.

Fee Schedule, Rules IV. E. 1. b, XI. D. 1-3 eff. 01/31/2017.

Entire rule eff. 06/14/2018.

Entire rule eff. 12/15/2019.

Rule II.H emer. rule eff. 06/16/2020; expired 10/14/2020.

Rules I.E, I.P, I.GG, III.A.3, III.B.1, III.G.1.s-u, III.H.3.f, III.I.3, III.I.5, IV.D, IV.E.2, V.A.2, V. B.1, V.D.1, VI.E.1.e, IX.B, XI.A.6 eff. 04/01/2021. Rule III.B.8 repealed eff. 04/01/2021.

Rules I R, Fee Schedule, III A.1, III C.2, III E.2.b(2)-(3), III E.2.c(2), III G.1.v, III H.3.f, III I.3.e, III I.4.a(2), III I.5.a, IV E.3.d, IV E.7.b, IV E.11.c, V, V D.1.a, VII L, XI D.2(a), XI D.3 eff. 04/01/2022.

Rules I, II, III.B.1.a, III.B.6.g, III.E.2.a, III.E.2.e, III.F.2, III.H.3.h, III.I.4.b, III.I.5 -6, IV.D.4, V. B.1.d, IX.B, XI.A.3, XI.D eff. 04/01/2023. Rule III.B.7 repealed eff. 04/01/2023.

Rules I, II, III.I.4, IV.F.3, VII.T eff. 04/01/2024.

Rules I.MM, II.G-H, III.I.4, IV.E.7-10, IV.F.3, V.E, VI.E.1.a, VII.I, VII.L, VII.U eff. 04/01/2025. Rule IV.E.1.b(2 )(iv) repealed eff. 04/01/2025.

Entire rule eff. 04/01/2026.

1504 State Board for Community Colleges and Occupational Education

8 CCR 1504-2 Rules for the Administration of the Career and Technical Act {#sec-8-ccr-1504-2 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-2}

Department of Higher Education RULES FOR THE ADMINISTRATION OF THE CAREER AND TECHNICAL ACT 8 CCR 1504-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

1.0 STATEMENT OF BASIS AND PURPOSE

The Colorado Vocational Act of 1970, CRS 23-8-101 et. seq., was adopted by the Colorado General Assembly to provide assistance to local school districts, BOCES and charter schools operating career and technical education programs approved by the State Board for Community Colleges and Occupational Education. These rules are adopted pursuant to the rulemaking authority granted in CRS 23-8-103(4), 23-60- 102(1), (2) and (3), 23-60-209 and CRS 23-60-303 for the purpose of clarifying the requirements and processes for reimbursement of school districts under the Colorado Vocational Act of 1970.

The SBCCOE, by and through the Colorado Community College System (CCCS), incorporates by reference throughout the Rules the Career and Technical Education (CTE) Administrators’ Handbook (Eff. 2025-2026), available at Administrators- Handbook-2025_26_January2026Edits_CTA.pdf (later amendments not incorporated).

CCCS maintains a copy available for public inspection during regular business hours at 9101 E. Lowry Blvd, Denver, CO 80230. Upon request, CCCS will provide an electronic copy for free or a printed copy for a reasonable charge. A copy of the incorporated material has been filed with the Office of Legislative Legal Services, 200 E. Colfax Avenue, Denver, Colorado 80203.

2.0 DEFINITIONS

As used in these rules, the following words shall have the meanings set forth below. 2.1 “Act” shall mean the Career and Technical Education Act of 1970, CRS 23-8-101 et. seq., originally named the Colorado Vocational Act as it may be amended from time to time. 2.2 “Actual cost” shall mean the invoice cost, less discounts and allowances for trade-ins of goods and services received. 2.3 “Approved program” shall mean a series of courses within a career and technical education program which are approved by the Board as eligible for reimbursement under the Act pursuant to Section 3.0 of these rules, taught by appropriately credentialed instructors, which meets or exceeds the standards for quality career and technical education adopted by the Board. Approved programs do not include Colorado customized training programs created under CRS 23-60- 306, or Colorado existing industry training programs created under CRS 23-60- 307. 2.4 “Articulate” shall mean the process by which a student progresses from one level of education to another. 2.5 “Board” shall mean the State Board for Community Colleges and Occupational Education (SBCCOE). The Board can also be referenced as the SBCCOE. In the administration of the Act and these rules, the Board shall act through the Chancellor of the Community Colleges and Occupational Education System designee, except that the Board shall retain the responsibility to hear any appeals filed pursuant to Section 8.4 of these rules. 2.6 “BOCES” shall mean Board of Cooperative Educational Services shall have the same meaning as set forth in section 22-5-103 (2), C.R.S. 2.7 “Career and Technical Education (CTE)” shall mean career and technical education. CTE also means organized educational activities that offer a sequence of courses that provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; provides technical skill proficiency, an industry-recognized credential, certificate, or an associates degree; and may include prerequisite courses; and include competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupational-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual. 2.8 “CDE” shall mean the Colorado Department of Education. 2.9 “Charter School” means a charter school that enters into a charter contract with the state charter school institute pursuant to part 5 of article 30.5 of title 22, C.R.S. Charter school contracts with local education agencies other than the state charter school institute are subject to that district’s submission. 2.10 “Designated Career and Technical School (DCTS)” shall mean a School whose school board has declared its role and mission to deliver intensive instruction in career and technical education. The School shall offer a minimum of five career and technical education approved unique single site programs and enroll at least 75% of the facility’s total secondary student population in career and technical education approved programs. The School shall offer specialized student support services staff (career and technical education-credentialed counselors and/or job development/placement specialists) and employ a career and technical education -credentialed administrator operating in that role. There shall be agreements for providing career and technical education which shall include, but are not limited to, other schools in-district and schools from neighboring districts. 2.11 “District” shall mean any public school district as defined in CRS 22-30-103(13). 2.12 “Eligible cost” shall mean costs which are eligible to claim under the Act. 2.13 “Equipment” shall mean a unit of tangible personal property that meets the federal definition of equipment as defined in 2 CFR Part 200.1 with a useful life of more than one year, but not including ordinary furniture. CCCS incorporates by reference the Office of Management and Budget Guidance, 2 CFR 200.1 (Definitions), as contained in Title 2 of the Code of Federal Regulations, revised as of January 1, 2024, published by the Office of the Federal Register, National Archives and Records Administration (later amendments not incorporated). The Office of Management and Budget may be contacted at 725 17th Street, NW, Washington, DC 20503, or by telephone at (202) 395-3080. CCCS maintains a copy available for public inspection during regular business hours at 9101 E.

Lowry Blvd, Denver, CO 80230. Upon request, CCCS will provide an electronic copy for free or a printed copy for a reasonable charge. A copy of the incorporated material has been filed with the Office of Legislative Legal Services, 200 E. Colfax Avenue, Denver, Colorado 80203.The material is also available online at the Electronic Code of Federal Regulations website, or https://www.ecfr.gov/. 2.14 “Fiscal year” shall mean the period from July 1 through June 30. 2.15 “Student(s) FTE” shall mean the equivalent of a student who is enrolled on the CDE census date in an approved class within an approved program which provides 1,080 student/teacher contact hours per fiscal year. 2.16 “PPOR” shall mean the final per pupil operating revenues established pursuant to CRS 22-54- 103(9) for that fiscal year as determined by Colorado Department of Education. 2.17 “Time” shall mean that in computing any period of time prescribed or allowed by these rules, the day of the event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. If notice is served by mail, three days shall be added to the prescribed period. 2.18 “CTSO” shall mean a career and technical student organization recognized in accordance with Section 3.1(F). 2.19 “Year purchased” shall mean the fiscal year in which an item, good or service (i) is received by the district and (ii) is either paid for or the purchase is accrued in the district's financial accounting system.

3.0 PROGRAM APPROVAL 3.1 Criteria for Review. A proposed CTE program is eligible for approval only if the program meets all of the following criteria:

A. Is designed to provide students with entry level occupational skills; or provides a seamless transition from secondary to postsecondary education or training;

B. Is of sufficient duration to provide entry level occupational skills and related knowledge required by business and industry;

C. Utilizes a local program advisory committee to assist the district in planning, conducting and evaluating each career and technical education program;

D. Is conducted in appropriate facilities that are sufficiently equipped to permit adequate training and education;

E. Meets an employment potential which is found to exist by a feasibility needs assessment survey, recognized by the Board, of business and industry needs;

F. Provides leadership training opportunities by establishing and maintaining all appropriate CTE student leadership organizations as listed herein, or such other leadership organization as may be approved by the Board in special circumstances: DECA, Future Business Leaders of America (FBLA), the FFA, Family Career and Community Leaders of America (FCCLA), HOSA: Future Health Professionals, Technology Student Association (TSA) Skills USA; and Successful Career Students of Colorado (SC2).

G. Falls within one of the CCCS program areas pursuant to the Administrators’ Handbook. 3.2 In addition, the Board (SBCCOE) will determine whether a program:

A. Meets and is operated in accordance with Board-approved standards for quality career and technical education for that program area as determined in the program approval process;

B. Is designed to enable a student to articulate from one level/system to another without unnecessary duplication of educational experiences;

C. Provides instruction in the safe use of facilities, equipment and materials prior to the time the students will use such facilities, equipment, and/or potentially hazardous materials;

D. Abides by applicable state and federal safety standards;

E. Makes provisions to assure that no student is unlawfully denied an equal opportunity to benefit from career and technical education on the basis of race, color, sex, national origin or condition of disability;

F. Develops strategies which are implemented by the district to eliminate sex discrimination and sex role stereotyping in career and technical education;

G. Plans and coordinates career and technical education programs for each student with a disability as part of any otherwise required “Individualized Educational Plan”;

H. Assures that programs are in compliance with applicable state or federal agencies statutes, rules and regulations, or standards; and I. The cooperative education component assures that there is a written training agreement which includes a plan for the expected achievements of the student during on-the-job training experience; a plan for compensation of the student if applicable; and that the program is delivered in cooperation with local business and/or any governmental organization or agency through specialized in-theschool instruction provided by qualified teachers and on-the-job training. 3.3 Application and Renewal. Districts shall submit requests for approval of a proposed new career and technical education program and for renewal of approval of existing programs on forms and containing information required by the Board. Program approvals may be granted for a period of time not exceeding five (5) calendar years, and must be renewed before the expiration of the prior approval period unless an extension is granted by the Board after approval by the CCCS CTE State Director or Designee for special circumstances. Program approvals may be conditioned on meeting requirements for improving the quality of the program within a certain period of time. If a program is approved at any part of the fiscal year, it is approved for the entire fiscal year. 3.4 Program Revision. Any changes made to an approved program must be approved by the Board or designee. If a revision substantially changes the focus or content of the program, the district shall be required to follow the requirements for renewal of a program. 3.5 Disapproval or Revocation of Approval. The Board (SBCCOE) may deny approval of a proposed program, or revoke approval of an existing program, if it finds that the Criteria for Review, as identified in the CTE Administrators Handbook, are not being met. 3.6 Nonduplication. In approving programs, the Board will attempt to avoid unnecessary duplication in either facilities or staffing in any school district or area and, where feasible, sharing of facilities may be required by the Board. 3.7 Program Evaluation, Reports. Each participating district will participate in periodic evaluations of approved programs as required by the Board (SBCCOE), which may include a 5 year plan and/or self- evaluations, and will provide such reports as may reasonably be required by the Board (SBCCOE).

4.0 DESIGNATED CAREER AND TECHNICAL SCHOOL APPROVAL 4.1 Criteria for Approval. A proposed DCTS is eligible for approval only if the Board (SBCCOE) finds that the school meets all of the following criteria:

A. Its school board designated role and mission is to deliver intensive instruction in career and technical education;

B. It offers a minimum of five CTE approved unique single site programs;

C. It enrolls at least 75% of its secondary student population in CTE approved programs;

D. It offers specialized student support services staff (CTE counselors and/or job development/placement specialists credentialed as a CTE Specialist);

E. It employs on its administrative staff at least one CTE -credentialed administrator operating in that role;

F. Its offerings are available to other districts and to other schools within its district and that such agreement exists in writing; and G. If a district establishes multiple unique sites for intensive CTE instruction, naming conventions will include consistent elements across sites to indicate the shared CTE mission.

H. A Board of Cooperative Educational Services (BOCES) authorized by state statute as a local education agency may be considered a DCTS if it meets criteria D, E, and F for any approved CTE programs it offers. 4.2 Application and Renewal. Districts shall submit requests for approval of a proposed DCTS and for renewal of approval of existing facilities on forms and containing information required by the Board (SBCCOE). DCTS approvals may be granted for a period of time not exceeding five (5) years, and must be renewed before the expiration of the prior approval period unless an extension is granted by the Board for special circumstances. 4.3 Disapproval or Revocation of Approval. The Board (SBCCOE) may deny approval of a proposed DCTS, or may revoke approval of an existing DCTS, if it finds that any of the criteria for eligibility are not being met. 4.4 Nonduplication. In approving facilities, the Board (SBCCOE) will attempt to avoid unnecessary duplication in facilities between and among school districts or areas and, where feasible, sharing of facilities may be required by the Board. 4.5 Program Evaluation, Reports. Each DCTS will participate in periodic evaluations of its status as required by the Board (SBCCOE), which may include a 5-year plan and/or self-evaluations, and will provide such reports as may reasonably be required by the Board.

5.0 CTE CREDENTIALS 5.1 Credential Required. All CTE personnel employed in an approved CTE program or in a Local CTE Director role, except substitute teachers, teacher aides and paraprofessionals, must have a current Colorado CTE credential, teaching license or endorsement for the applicable program area. CTE credentials are issued by the Colorado Department of Education (CDE). 5.2 Application. Each applicant for a Colorado CTE credential must submit a completed application, supporting materials and any required fees to CDE. 5.3 Criteria for Credential. Each applicant for an initial Colorado CTE credential shall have obtained any regulatory license or certificate required for a specific CTE program or be participating in an alternative licensure program or apprenticeship, and shall meet the requirements for specific education and experience set forth in the criteria adopted by the Boarddesignated Oversight Committee or SBCCOE designee for each type of occupational credential. Applicants meeting the requirements shall be issued a standard credential effective from the date of application receipt. 5.3.1 Degrees. All accepted degrees must be from an institution accredited by a regional accrediting association. 5.3.2 Where a degree is not specifically required, content knowledge validation will occur through other means such as industry recognized credentials as outlined in the credential criteria. 5.3.3 Occupational Experience. Appropriate criteria on occupational experience will be established and continuously updated by the Board designated Oversight Committee. 5.4 Out-of-State Secondary Teacher. A person with a CTE endorsement, teaching license or authorization from another state may have that endorsement area recognized in Colorado. Otherwise, a person coming to Colorado to teach secondary education shall meet the same specific credentialing criteria as a new teacher. 5.5 Issuance of Credentials. All secondary credentials will be issued through CDE. and will be based on the criteria and Rules and Regulations set forth by the Board-designated Oversight Committee or SBCCOE designee. 5.5.1 Initial Credential: An Initial credential is issued to coincide with the instructor/ administrator’s current license dates. Initial credential applications received by CDE during a given fiscal year, if approved, are honored by CCCS as effective retroactive to July 1 of that same fiscal year. For applications not deemed Initial, but deemed professional, CDE will issue a credential effective on the date of receipt of the application. The Initial credential is nonrenewable. Upon completion of designated requirements, a request for a professional credential may be submitted and, if approved, will be recognized by CCCS as effective retroactive to July 1 of the fiscal year in which it was awarded. Renewal of Credential.

Appropriate criteria on renewing a credential will be established and continuously updated by the Board designated Oversight Committee or SBCCOE designee. Fifteen hours participation in seminars or workshops equals one semester hour credit. Requests to renew a credential made after the credential has expired will be effective on the date of receipt of the application and will be valid for the period the instructor/administrator’s license is valid. 5.5.2 Reinstatement of Credential. Reinstatement of a lapsed CTE credential (including credentials for which application was not filed prior to the expiration date) will be granted if the requirements on the expired credential were completed and the applicant meets any other criteria needed. In addition, if the credential has been expired for more than two years, the applicant must meet any reinstatement requirements stipulated by CDE. The reinstated credential is effective the date of receipt. For instructors who have been teaching for the past 7 years or more who let their CTE credential lapse for more than two years, 3 school years of full time instructional experience in the credentialing area could be substituted for the otherwise 1000 hours of relevant occupational experience that may be required to renew a lapsed credential. 5.5.3 Inactive Credentials. Professional credentials may be placed on inactive status with CDE in conjunction with an inactive license. 5.5.4 Emergency Authorization. Instructors may be issued an Emergency CTE Authorization if they meet the requirements set forth by CDE. 5.5 Denial and revocation of a Credential. CDE has the right to deny a credential based on the applicants’ inability to meet the criteria for the credential applied for. CDE has the right to revoke, annul, or suspend a credential if the applicant obtained the credential through misrepresentation, fraud or misleading information.

6.0 ELIGIBLE COSTS 6.1 General.

A. Certain Costs Only. To be eligible for funds under the Act, the expenditure must be incurred by a district, BOCES or charter school in offering an SBCCOE approved CTE program and be one of the types of costs described in Sections 6.2 through 6.6. Costs incurred are only eligible while the program is approved. If a program is approved at any part of the fiscal year, it is approved for the entire fiscal year.

B. Apportionment. If equipment, books and supplies or any other item is used both in an approved program and in another program, only costs reasonably allocated to the approved program (on the basis of the percent of time spent by the instructor teaching in approved programs) are eligible costs.

C. Nonduplication. Otherwise eligible costs which are reimbursed to the district from a source other than the Act must be deducted when reporting eligible costs. Such other sources include, without limitation, funds from the Colorado Department of Education or the federal government, income from programs offering services to the general public for a fee, or reimbursements from leadership club activities.

D. Uniform Requests. The district has the option of not including an entire program for a school in the final report; however, the district must report all costs associated with the reported student FTE.

E. Documentation of costs. Records should be maintained through the district accounting system or other means that enables the auditors to agree costs reported on the CTA Final Report match accounting records and source documentation (such as invoices or payroll records). Documentation must be available on request in the event of an audit. 6.2 Equipment.

A. The following are eligible costs if the costs meet or exceed the equipment threshold as defined in the Office of Management and Budget Guidance at 2 C.F.R. Part 200.1, which must be reported in the year purchased:

The actual cost of purchasing, renting and leasing equipment used in learning activities in approved classes;
The actual cost of shipping and installation of such equipment;
The actual cost of normal repair and maintenance for such equipment.

B. The cost of furniture is not eligible for reimbursement unless:

The item is necessary to allow a special needs student to participate in the learning activities in an approved class; or 2. The item is specially designed to accommodate another career and technical instructional setting or device which cannot otherwise be used.

C. Such equipment must be used in an approved program pursuant to the Administrators’ Handbook. 6.3 Books and Supplies. The actual cost to the district of books and supplies (including equipment costing less than the federal equipment threshold as defined at 2 C.F.R. Part 200.1 per unit and operating and maintenance costs of motor vehicles) used in learning activities in approved programs, or used by program advisory committees and career and technical student organizations, are eligible costs and must be reported in the year purchased. Such books and supplies must be used in an approved program pursuant to the Administrators’ Handbook. 6.4 Contracted Programs.

A. The actual cost to the district of services purchased from another education agency or institution providing approved programs to students of the reporting district is an eligible cost.

B. Contracted programs must be approved in the same manner pursuant to Section 3.0.

C. A district which provides approved programs to students of another district may not report the FTE those students represent, and must reduce eligible costs by the amount it is paid to provide such programs. 6.5 Costs of Providing Services of Instructional Personnel.

A. Instructors. All instructors in approved programs, with the exception of substitute teachers, teacher aides and paraprofessionals, must possess a valid current Colorado CTE Credential, license, or authorization issued by CDE or a two-year Institution of Higher Education pursuant to the Administrators’ Handbook. This includes specialty CTE Credentials such as for a work-based learning coordinator. Enrollment and costs associated with an instructor (including costs of equipment and supplies in a one person program) are not eligible to claim for funding for any period of time the instructor's credentials was not current and valid.

B. Administrators and Job Development/Placement Specialists.

Districts may claim the eligible costs of CTE administrators and job development/placement specialists. The District’s request for the approval must specify the percentage of time the administrator or specialist spends on CTE duties as supported by documentation retained by the district. Such staff must possess a valid CTE credential appropriate for the performed duties pursuant to the Administrators’ Handbook. Costs are not reportable for any period of time that a valid credential is not maintained.

C. Eligible Costs. The following costs paid by a district for instructors and approved administrators and job development/placement specialists are eligible costs:

Salary for time spent teaching or supporting approved programs, including any extra compensation paid to instructors for CTE duties in addition to regular duties.
Benefit costs as defined in the Administrators’ Handbook.
Official travel related to approved programs, as permitted by district policies.
Professional development costs.

D. Other Employees. The salary and benefit costs of substitute teachers, teacher aides, and paraprofessionals in approved programs are eligible costs as provided in 6.5 (1)-(5).

E. Career and Technical Student Organization Costs. The following are eligible costs when paid by the school district:

Mileage and per diem for CTE directors, administrators, teachers and chaperones attending CTE student organization events.
Transportation, meals and lodging costs of students and staff while attending CTSO events held away from the district.
CTSO equipment, clothing, and paraphernalia which becomes the property of the district. Items which become the property of an individual student are not eligible to claim.
Registration fees for contests, conferences and similar events in connection with official CTSO activities. 6.6 Administrative Costs. Districts may claim up to 6% of their total eligible costs to defray the administrative expenses of operating the CTE programs. Districts with a DCTS may claim up to 16% of the total eligible costs under these rules in the DCTS to defray the administrative expenses of operating the DCTS.

7.0 PAYMENT AND AUDIT 7.1 Amount of Funding. In any fiscal year, a district shall be eligible to receive 80% of the first $1,250, or part thereof, by which the district's eligible costs per student FTE attending each approved program exceeds 70% of the district's PPOR for that fiscal year. In addition, if the district's eligible costs per student FTE exceed 70% of its PPOR by an additional amount in excess of $1,250, the district shall be eligible for 50% of such additional amount. 7.2 Insufficient Appropriations. If the Colorado General Assembly appropriates less than the total amount required to fully fund all districts under the formula set forth in Section 7.1, the amount paid to each district shall be prorated in the same proportion that the appropriation bears to such total amount. In no event shall the total amount paid to all participating districts for that fiscal year exceed the funds appropriated for that fiscal year. 7.3 Reporting for Funding. Not later than September 1, unless an extension is granted by Board (SBCCOE) staff for good cause, districts offering approved programs shall file with the Board a final report of actual eligible costs, actual student FTE and any other information requested by the Board related to calculate costs for approved programs for a district in that fiscal year. Such information shall be provided in the format and shall follow the guidelines for submission identified by the Board. No extension will go beyond September 30. 7.4 Non-Participation. If a district has not submitted a final report by September 30, it will be deemed as a non-participant for that fiscal year of funding. 7.5 Missing Documentation. If a district has not provided additional supporting documents as may be requested for the Board (SBCCOE) by the due date as determined in the Administrators’ Handbook, the costs or student FTE related to the missing documents will not be allowed. 7.6 Payments. Payments made to districts will be made quarterly based on the actual costs from prior fiscal year submitted by all districts. The first and second quarter payment will be combined and will be made on or about December 31; the third quarter payment will be made on or about March 31; the fourth quarter payment will be made on or about June 30. 7.7 Adjustments of Actual Costs.

A. If a district believes that the data for their final report submitted is incorrect, the district must immediately notify the Board and submit a revised final report by October 15.

B. Except as provided in Section 7.7 (C), the eligible costs and enrollments reported by a district which does not submit a revised final report pursuant to Section 7.7(A) shall be deemed to be complete and final and may not subsequently be changed or challenged by that district.

C. The Board (SBCCOE) will review submissions from districts and develop a process for adjustment of submitted reports for instances where questions in data submitted arise outside of a scheduled audit.

D. On a case by case basis, the Board (SBCCOE) may grant an exception of the due dates as a result of natural disasters or extenuating circumstances. 7.8 Audit.

A. The Board (SBCCOE) may audit or cause to be audited, through contractors or other means, any final report submitted by a district at any time up to two years after the date of submission to determine if eligible costs and enrollments have been properly reported.

B. Audit Adjustments Resulting in Overpayment. If the audit reveals that reimbursement to the district under the Act was greater than the district was entitled to, the amount of overpayment, shall be invoiced to the district. Invoices must be settled according to terms on the invoice.

Amounts received by the Board shall be redistributed after invoiced amounts have been received pursuant to the Administrators’ Handbook.

C. Audit Adjustments Resulting in Underpayment. If the audit reveals that reimbursement to the district under the Act was less than the district was entitled to, the amount of the underpayment, shall be paid by using the amounts received in Section 7.8 (B). If an underpayment is identified, audit procedures will not be expanded to identify the full amount of underpayment. If the amounts received from Section 7.8 (B) is less than the total amount required to fully reimburse all districts that were underpaid as a result of an audit, the amount paid to each eligible district shall be adjusted by a prorated amount in the same proportion that the received amount from Section 7.8 (B) bears to such total amount. The timeframe for these distributions will be pursuant to the Administrators’ Handbook.

D. If the district disagrees with the result of the audit, it may be reviewed pursuant to Section 8. 7.9 Records. All participating districts shall keep complete and auditable records of all transactions related to the calculation of eligible costs and enrollments for a period of seven years from the date of submission of actual costs and enrollments. Records must be provided upon request for audit.

8.0 APPEALS 8.1 Initial Review. A party adversely affected by an action of the Board (SBCCOE) under these rules may appeal that action by filing a written complaint sent by certified mail to the System Chancellor or designee within thirty (30) days of the date of written notice of the action which is the subject of the complaint, or within such shorter period of time specified in these rules. The complaint may be accompanied by additional written information supporting the position of the complainant. 8.2 Review Committee. In all cases except those described in Section 8.3, a review committee composed of three people appointed by the System Chancellor shall review the complaint and any accompanying materials and shall respond promptly to the complaining party by certified mail sent to the address set forth in the complaint. 8.3 CTE Credentials.

A. Review Committee. If the complaining party is a person whose CTE credential has been denied, revoked, nonrenewed or suspended, the Credentialing Board-Designated Oversight Committee shall act as the review committee.

B. Review Process. The complaining party will be notified of the decision of the Credentialing Board-Designated Oversight Committee by mail. 8.4 Final Review. A complaining party who believes that the decision of the review committee formed under Section 8.2 or 8.3 above is in error may appeal to the Board (SBCCOE) by filing a written notice of appeal, stating why and in what way the committee decision was incorrect. The notice must be mailed or delivered not more than 30 days after receipt of the notice of the review committee's decision. The Board (SBCCOE) shall conduct a hearing and make a decision in accordance with CRS 24-4- 105 and the Board’s (SBCCOE) decision shall constitute final agency action.

Editor’s Notes

History

Section 5.0 eff. 07/01/2007.

Section 7.3 eff. 07/01/2008.

Entire rule eff. 08/06/2008.

Section 5.0 eff. 08/01/2009.

Section 6.6 emer. rule eff. 11/14/2012.

Section 6.6 eff. 02/14/2013.

Entire rule eff. 07/01/2026.

Entire rule eff. 8/01/2026.

1504 College Assist

8 CCR 1504-3 Rules for the Administration of the College Access Network {#sec-8-ccr-1504-3 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-3}

DEPARTMENT OF HIGHER EDUCATION

College Assist RULES FOR THE ADMINISTRATION OF THE COLLEGE ACCESS NETWORK 8 CCR 1504-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ STATUTORY BASIS AND PURPOSE

Basis: The statutory basis for these regulations is 23-3.1-104(1)(a) C.R.S., which authorizes the student loan division of the Department of Higher Education, to promulgate rules and regulations for the administration of the student loan program.

Purpose: To repeal existing outdated regulations and incorporate by reference all federal regulations and to give notice of the name change of the agency from Colorado Student Loan Program to Colorado College Access Network.

Regulation: 34 C.F.R. Parts 668 and 682; 20 U.S.C. § § 1071, et seq., as amended Copies of these regulations may be obtained from the office of College Access Network, 999 18th Street, Suite 425, Denver, Colorado 80202. The proposed rules will be posted on the College Access Network website at http://www.college-access.net. _________________________________________________________________________ Editor’s Notes

History

1504 Higher Education Commission

8 CCR 1504-4 Colorado Student Exchange Program {#sec-8-ccr-1504-4 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-4}

DEPARTMENT OF HIGHER EDUCATION

Higher Education Commission COLORADO STUDENT EXCHANGE PROGRAM 8 CCR 1504-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ RULES FOR THE COLORADO STUDENT EXCHANGE PROGRAM I. Statement of Basis and Purpose The Colorado Student Exchange Program (program) is authorized by 23-1-112.5, C.R.S. That statute directs the Colorado Commission on Higher Education to:

Identify circumstances where waiving the non-resident tuition differential on a reciprocal basis with other contiguous states would enhance educational opportunities for Coloradans;
Negotiate reciprocal agreements with contiguous states for waiving non-resident tuition differentials;
Identify the number of students to be exchanged;
Establish regulations for the program based on the closest college concept;
Direct Colorado state institutions to grant waivers;
Report to the General Assembly the number of students exchanged.

After proper public notice of the hearing held on July 6, 1984, and consideration of the written and oral testimony, the Commission has determined that educational opportunity for Colorado residents will be enhanced if residents are able to attend designated institutions located in contiguous states with a waiver of the non-resident tuition differential in accordance with these rules. In turn, residents of contiguous states with which Colorado has negotiated an agreement are to be able to attend designated Colorado institutions with a waiver of the non- resident tuition differential.

II. Definitions:

Reciprocal Agreement: An agreement between the State of Colorado and a contiguous state to waive non-resident tuition charges for a specified number of residents from each state.

Designated Institutions: Those postsecondary education institutions identified in the reciprocal agreement negotiated with the contiguous state.

Contiguous states: Contiguous states shall be defined as New Mexico, Arizona, Utah, Wyoming, Nebraska, Kansas, and Oklahoma. Closest College Concept: The postsecondary education institution that is located the shortest distance by passable road from the student’s place of residence and that offers the program desired by the student.

Student Exchange Program: The program established by 23-1-112.5, C.R.S. and these rules.

Full-Time Equivalent (FTE): A full-year, full-time equivalent student is 45-quarter or 30-semester student credit hours during the academic year and preceding summer.

III. Number of Students to be Supported The Colorado Commission on Higher Education and the appropriate agency in the contiguous state shall agree upon a maximum number of full-time equivalent (FTE) students to be exchanged under the program. The reciprocal agreement shall specify the maximum number.

IV. Student Eligibility Requirements A. Colorado residents seeking to participate in the student exchange program must:

Meet the requirements for in-state tuition status as set forth in 23-7-102, C.R.S.
Be enrolled or have applied to enroll at a designated institution in a certificate, associate, baccalaureate, or graduate degree program with the declared intent of obtaining that degree or certificate;
Be in good academic standing (i.e., not on probation or suspension status) according to the published policies of the designated institution.

B. Residents from contiguous states with which Colorado has a reciprocal agreement must:

Be eligible for in-state tuition in the contiguous state;
Be enrolled or have applied to enroll at a Colorado designated institution in a certificate, associate, baccalaureate, or graduate degree program;
Be eligible based on closest college concept as defined by the appropriate agency within the contiguous state.
Meet such other criteria as may be established by the appropriate agency in the contiguous state.

V. Selection Criteria A. Colorado students must meet requirements specified in section IVA of these rules and shall be selected by the following criteria:

Students wishing to attend the college closest to their home that has a program in which the student is interested shall have first priority if Colorado has a reciprocal agreement with the state in which the college is located, and that college is a designated institution.
Second priority shall be given to students who have previously enrolled at a designated institution in a state with which Colorado has a reciprocal agreement, and who apply for participation on or before a deadline established and published by the college;
All other applicants shall be selected on a first-come, first-served basis. Students shall be selected according to the date on which they provide the designated institution with the information required in section IVA of these rules.

B. If more than the maximum number of students from contiguous states seek to participate in the program, the criteria for selection shall be as set forth by the appropriate agency of the contiguous state and specified in the reciprocal agreement with that state.

VI. Application Procedures A. Colorado residents seeking to participate in the student exchange program shall apply according to procedures established by the designated institution. The student must meet the regular admissions and enrollment requirements published by the designated institution. Students who are denied participation on the basis of criteria specified in Section IVA of these rules may appeal that decision. A campus official appointed by the school’s chief executive officer shall review the matter in consultation with the Executive Director, or official designee, of the Colorado Commission on Higher Education. Their decision shall be final.

B. Residents from contiguous states with which Colorado has negotiated a reciprocal agreement shall apply according to procedures established by the designated institution in Colorado. The student must meet the regular admissions and enrollment requirements published by the designated institution and such other eligibility requirements as are set forth by the appropriate agency of the contiguous state and specified in the reciprocal agreement. If a student is denied participation, any appeal must be made according to procedures established by the contiguous state.

VII. Responsibilities of Students A. Students are required to inform the designated institution of their desire to participate in the student exchange program prior to registration for each academic period.

B. Students are required to provide complete and accurate information needed to document their eligibility for the program.

C. Students are required to maintain good academic standing as defined by the designated institution.

D. Colorado students are required to inform a specified official at the designated institution of any change of address or other changes that might affect their eligibility for participation in the following term.

VIII. Responsibilities of the Colorado Commission on Higher Education A. The Commission shall annually review the program and reach agreements with the contiguous states on necessary modifications.

B. The Commission shall receive reports from Colorado designated institutions certifying the number and eligibility of students participating in the program.

C. The Commission shall report to the General Assembly on or before July 15 the number of students participating in the program in the prior year. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1504-9 Rules for the Administration of the Colorado Opportunity Scholarship Initiative {#sec-8-ccr-1504-9 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-9}

DEPARTMENT OF HIGHER EDUCATION

RULES FOR THE ADMINISTRATION OF THE COLORADO OPPORTUNITY SCHOLARSHIP

INITIATIVE

8 CCR 1504-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: 23-3.3-1004(4), C.R.S.; HB: 14-1384 0.0 Statement of Basis and Purpose These rules are promulgated pursuant to the authority in sections 23-3.3-1004(4), 23-3.3-1006, and 23- 3.3-1007 C.R.S., and are intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. C.R.S. Section 23-3.3-1001 et seq. C.R.S. authorizes the Colorado Opportunity Scholarship Initiative to award scholarships or grants to students, state agencies, nonprofit organizations, and public institutions of higher education committed to ensuring that every Colorado student has the support needed to enter a postsecondary opportunity, persist and succeed, and enter his or her desired position in the workforce. These rules shall establish criteria for eligibility of students and community partner programs to participate in the initiative. 1.0 Definitions 1.01 “Administrative Costs” means administrative expenses associated with administering the grant. 1.02 “Application completion rate” means the percentage of students enrolled in a high school operated by a local education provider who complete the student aid applications in a single school year. 1.03 “Allocation” means the amount of money appropriated to the Initiative that the Board determines should be made available to an IHE in accordance with HB21-1330. 1.04 “American Rescue Plan” means the federal “H.R. 1319—117th Congress: American Rescue Plan Act of 2021,” Pub. L. 117-2 available electronically at: https://www.congress.gov/bill/117thcongress/house-bill/1319/text. The U.S. Department of Education is located at 1244 Speer Blvd., Ste. 310, Denver, CO 80204. The Colorado Department of Higher Education maintains a copy available for public inspection at 1600 Broadway, Ste. 2200, Denver, CO 80202, during regular business hours. Upon request, the Department will provide an electronic copy for free or a printed copy for a reasonable per page charge. 1.05 “Board” means the Colorado Opportunity Scholarship Initiative Advisory Board created in section 23-3.3-1004, C.R.S. 1.06 “Cost of attendance” means the student’s cost of attending a public or private institution of higher education that is determined by the institution of higher education based on federal and Commission policy, and includes tuition, fees, room, board, books, supplies, transportation, and other allowable expenses. 1.07 “Department” means the Colorado Department of Higher Education created pursuant to section 24-1-114, C.R.S. 1.08 “Designated student” means undergraduate, in-state students whose expected family contribution did not exceed 250% for the maximum Pell-eligible expected family contribution for a federal Pell grant. 1.09 “Direct financial assistance” means the portion of an allocation that a public institution of higher education will distribute directly to eligible students in the form of scholarships, financial assistance for the cost of attendance, and other direct student financial incentives or assistance. 1.10 “Eligible student” means an undergraduate in-state student who: 1.10.1 Earned some postsecondary credits from a public or private institution of higher education but did not complete a credential requiring thirty credits or more before deciding not to enroll for two or more consecutive semesters; or 1.10.2 Was admitted to a public institution of higher education as a first-time student for the 2019-20 or 2020-21 academic year but did not enroll at a public or private institution of higher education for the 2020-21 academic year. 1.11 “Expected family contribution” means the amount of money, calculated based on federal policy, that a student’s family is expected to contribute to the student’s cost of attendance at a public or private institution of higher education. 1.12 “Financial assistance” means money awarded to a student based on the student’s cost of attendance at a public or private institution of higher education. 1.13 “Grant program” means the student aid applications completion grant program created in section 5. 1.14 “Indirect financial assistance” means money that will be used by a public institution of higher education for student support services. 1.15 “Initiative” means the Colorado Opportunity Scholarship Initiative created in section 23-3.3.-1003, C.R.S. 1.16 “Local education provider” means a school district organized pursuant to sections 22-30-101 et seq., C.R.S., a charter school authorized by a school district pursuant to sections 22-30.5-101 et seq., C.R.S., a charter school authorized by the state charter school institute pursuant to sections 22-30.5-501 et seq., C.R.S., or a board of cooperative services that operates a high school created pursuant to sections 22-5-101 et seq., C.R.S. 1.17 “Nonprofit organization” means a tax-exempt charitable or social welfare organization operating under section 501(c)(3) or 501(c)(4) of title 26 of the United States Code, the federal “Internal Revenue Code of 1986”, as amended, available electronically at https://www.govinfo.gov/app/details/USCODE-2018-title26/USCODE-2018-title26-subtitleAchap1-subchapF-partI-sec501. The U.S. Internal Revenue Service is located at 1999 Broadway, Denver, CO 80202. The Colorado Department of Higher Education maintains a copy available for public inspection at 1600 Broadway, Suite 2200, Denver, CO 8020, during regular business hours. Upon request, the Colorado Department of Higher Education will provide an electronic copy for free or a printed copy for a reasonable per page charge. 1.18 “Private higher education institution” means a private institution of higher education as defined in

section 23-18-102(9), C.R.S. 1.19 “Public higher education institution” means a state institution of higher education as defined in

section 23-18-102 (10)(a), C.R.S., a local district college created pursuant to section 23-71-101 et seq., C.R.S., or an area technical college as defined in section 23-60-103, C.R.S. 1.20 “SAP” means the student assistance plan that a public institution of higher education develops as

part of its application to the Initiative to describe how the institution will spend the amount allocated to it pursuant to HB21-1330. 1.21 “Student aid applications” means the free application for federal student aid and the Colorado application for student financial aid. 1.22 “Undergraduate” is defined as a student who has not yet received a bachelor’s degree. 1.23 “Work-based learning” means learning that occurs, in whole or in part, in the workplace that provides youth and adults with hands-on, real-world experience and training for skills development. “Work-based learning” includes activities such as job shadowing, internships, externships, pre-apprenticeships, apprenticeships, residencies, and incumbent-worker training. 1.24 “Youth mentorship organization” means a community-based organization that provides mentorship services to youth who reside in communities that were historically and are currently negatively impacted by structural and systemic design, and consequently have no or limited access to quality mentorship services. 2.0 Grant Awards for Matching Student Scholarships 2.01 Initiative grant awards for matching student scholarships are intended to: 2.01.1 Generate greater availability of scholarship dollars for Colorado students with an Expected Family Contribution of less than one hundred percent of the annual federal Pell grant award and students with an Expected Family Contribution between one hundred percent and two hundred fifty percent of the annual federal Pell grant award; 2.01.2 Promote scholarship programs that include student support services to help students persist and complete a certificate or degree in a timely fashion; 2.01.3 Encourage communities to create or leverage foundations that assist their students with covering the costs of higher education and motivate students to graduate and go on to pursue a degree or credential; and 2.01.4 To align tuition assistance programs with workforce development programs. 2.02 Award of initiative grants for matching student scholarships 2.02.1 The initiative shall approve and publicize the total funds available for matching student scholarship grants during each fiscal year. 2.02.2 The initiative shall distribute grants for matching student scholarships to entities committed and able to provide matching funds and not directly to students. 2.02.3 The initiative will award grants for matching student scholarships in Board approved categories during each fiscal year, including but not limited, to: County-based grants, Institution of Higher Education grants; and Workforce Development grants. 2.02.4 The initiative shall require all recipients of matching student scholarship grants to consider the following criteria when determining a student applicant’s eligibility to receive tuition assistance: courses of study; commitment to academic achievement; work experience; community involvement; and extracurricular activities. Additional criteria for eligibility of student applicants to receive tuition assistance may be determined and published annually in the initiative’s request for proposal for matching student scholarship grants. 2.02.5 Other Permitted Uses of Matching Funds 2.02.5.1 When, from time to time, the initiative is approached by the State or funders interested in leveraging dollars for scholarship programs outside the funding streams outlined above, the Board may approve programs that align with the initiative, the Colorado Department of Higher Education, and State goals. 2.02.5.2 Whenever possible, staff will design scholarship projects that expand upon student support grant programs that have been awarded by the initiative. 2.03 Proposal evaluation and review process 2.03.1 Proposals will be reviewed by the initiative staff and Board to ensure they contain all components required by the initiative’s request for proposal for matching student scholarship grants. Competitive proposals will be reviewed by the cross-department team. 2.03.2 Each proposal will be scored and reviewed according to a process determined by the Department. 2.03.3 Initiative staff will organize and review all proposals and prepare for review by the crossdepartment team. 2.03.4 The cross-department team will review all competitive proposals and determine recommended grant recipients and award amounts. 2.03.5 The initiative staff will present final recommendations to the Board. 2.03.6 The Board will make final decisions regarding grant recipients and award amounts. 2.03.7 Entities chosen as matching student scholarship grant recipients will be contacted and notified of grant award amounts. 2.04 The initiative will execute grant agreements with all entities chosen to receive matching student scholarship grants. 2.04.1 All grant agreements shall include the following provisions: 2.04.1.1 Matching funds will be provided on a 1:1 basis for every dollar brought to the table by approved matching partners, except in cases where the board has approved a different ratio through official policy 2.04.1.2 Once awarded, initiative grant funds will remain in the initiative’s account until such time as they are to be disbursed for the benefit of individual students receiving scholarships under a recognized initiative program. 2.04.1.3 Designated Matching Student Scholarship awards and matching funds must only be used for financial assistance awarded to Colorado students with an expected family contribution of less than one hundred percent of the annual federal Pell grant award and students with expected family contribution between one hundred percent and two hundred fifty percent of the annual federal Pell grant award. 2.04.1.4 To the extent practicable, grants of tuition assistance must be awarded to students representing rural and urban areas of the state and to students attending public vocational schools, community colleges, four-year institutions of higher education, and research institutions. 2.04.1.5 To the extent practicable, grant and scholarship money may be used for work-based learning. 2.04.1.6 Agreements will include criteria regarding reporting requirements of each grant recipient. 2.04.1.7. Grant recipients are allowed to use up to 5% of the total grant (including the match) for administrative costs. 3.0 Grant Awards to Community Partner Programs 3.01 Initiative grant awards to community partner programs are intended to: 3.01.1 Promote existing student success programs supporting students in postsecondary degree and certificate completion; 3.01.2 Increase the availability of programs and infrastructure, particularly in rural and underserved communities; and 3.01.3 Align student success best practices throughout the state to ensure that all students have access to services in an equitable way. 3.02 Award of initiative grants to community partner programs 3.02.1 Nonprofit organizations, governmental entities and community partnerships focused on student success activities and student support services shall be eligible to receive community partner program grant funds. 3.02.2 Student support services shall include: 3.02.2.1 Postsecondary preparatory services; 3.02.2.2 Career and college support professional’s salaries and benefits; 3.02.2.3 Student services that address remediation, graduation, retention, and drop out/stop out prevention; 3.02.2.4 Professional development; 3.02.2.5 Program development; 3.02.2.6 Administrative costs up to 5%; 3.02.2.7 Travel; 3.02.2.8 Consulting services; and 3.02.2.9 Program supplies and equipment. 3.03 Criteria used to evaluate proposals for community partner program grants 3.03.1 Proposals will be evaluated in accordance with the following statutory criteria, pursuant to

section 23-3.3-1001 et seq. C.R.S.: 3.03.1.1 Reductions in remediation rates and associated costs; 3.03.1.2 Increases in graduation rates; 3.03.1.3 Reductions in average time required to earn a degree; 3.03.1.4 Increases in student retention rates; 3.03.1.5 Reductions in disparities between the academic achievements of certain student populations based on demographic, geographic, and economic indicators; 3.03.1.6 Adoption of best practices for student support services; 3.03.1.7 Implementation of postsecondary and professional competencies; 3.03.1.8 Fulfillment of local workforce needs; 3.03.1.9 Reductions in student loan debt; 3.03.1.10 Improvements in tuition affordability; and 3.03.1.11 Improvements in students’ access to Federal grant programs and other Federal sources of support for postsecondary students. 3.03.2 Proposals will be also be evaluated in accordance with the following additional criteria: 3.03.2.1 Scalability and replicability of program; 3.03.2.2 Affordability and cost of implementation; 3.03.2.3 Plans for sustainability and institutionalization; 3.03.2.4 Alignment with Key Performance Measures outlined in the initiative’s Strategic Plan; and 3.03.2.5 Alignment with Colorado Commission on Higher Education Strategic Goals pursuant to section 23-1-108(1.5), C.R.S. 3.04 Proposal evaluation and review process 3.04.1 Proposals from community partner programs will be reviewed by the initiative staff, Board and a cross-department team to ensure they contain all components required by the initiative’s request for proposal for community partner program grants. 3.04.2 Each proposal will be scored and reviewed according to a process determined by the Department. 3.04.3 Initiative staff will organize and review all scores and categorize proposals by program type to prepare for review by the cross-department team. 3.04.4 The cross-department team will review all scores and determine recommended grant recipients and award amounts, 3.04.5 The initiative staff will present final recommendations to the Board. 3.04.6 The Board will make final decisions regarding grant recipients and award amounts. 3.04.7 Community partner programs chosen as grant recipients will be contacted and notified of grant award amounts. 3.05 The initiative will execute grant agreements with all community partner programs chosen as grant recipients. 3.06 Grants will be awarded pursuant to the terms of the mutually executed grant agreements.

However, grant funding beyond the first year will be contingent upon annual appropriations by the general assembly and the discretion of the initiative. Community partner programs chosen as grant recipients will be eligible for continued funding for a second year upon successful demonstration of the following: 3.06.1 Submission of all required evaluation materials; 3.06.2 Adequate progress toward successful attainment of annual objectives; 3.06.3 Completion of a program development report after the first year of the grant award to demonstrate fidelity to proceed with the second year; and 3.06.4 Completion of a satisfactory budget for the second year. 4.0 Use of American Rescue Plan funds to support student success in obtaining postsecondary credentials 4.01 The Board shall calculate allocations from American Rescue Plan funds to public institutions of higher education as follows: 4.01.1 The first half of an institution’s allocation shall be based on that institution’s headcount enrollment for the 2019-20 academic year of designated students. 4.01.2 The second half of an institution’s allocation shall be based on that institution’s full-time equivalent enrollment for the for the 2019-20 academic year of designated students. 4.01.3 The Board shall separately adjust the first and second half of an institution’s allocation based on the following characteristics of that institution: 4.01.3.1 Location in a rural area. 4.01.3.2 Total headcount enrollment. 4.01.3.3 Characteristics unique to area technical colleges 4.02 The Board shall request and public institutions of higher education may submit student application plans as follows: 4.02.1 As soon as practicable, the Board shall publish a request for SAPs. 4.02.2 To receive an allocation, an institution must submit a student-centered SAP to the Board. 4.02.3 Each SAP must describe the intended use of the allocation to support eligible students and specify: 4.02.3.1 The amount of the allocation requested. 4.02.3.2 The timeline for receiving the allocation or portions thereof over the 2021-22 and 2022-23 academic years, and any additional use of funds expected thereafter between 2023- 2024 and 2025-2026 academic years. 4.02.3.3 Using the data collected by the institution during SAP pre-work, the population of eligible students that the plan is designed to support, which should focus on disproportionately impacted student populations. 4.02.3.4 The respective percentages of the allocation that will be used for direct and indirect financial assistance. 4.02.3.5 Using the program budget and narrative template provided in the published request for SAPs, an explanation as to how the institution will use the allocation to support eligible students through indirect financial assistance in alignment with the initiative’s Community Partner Program model on campus, through a subgrant with an initiative partner or any combination therein, as set forth in 8 CCR 1504-9 section 3.0. 4.02.3.6 Using the statement of work template provided in the published request for SAPs, the specific, measurable goals that the institution expects to achieve through the SAP, which must include: 4.02.3.6.1 Increasing retention of the identified population of eligible students. 4.02.3.6.2 Increasing enrollment, persistence, and completion for said students. 4.02.3.6.3 For institutions other than area technical colleges, decreasing student debt for said students. 4.02.3.5 The metrics and data that the institution will use to measure the degree of success in meeting the identified goals in alignment with the Initiative’s existing annual reporting and data collection and as set forth in 8 CCR 1504-9 section 4.0. 4.02.4 All SAPs are subject to review and approval of the Board. 4.03 Board review and approval of SAPs submitted by public institutions of higher education 4.03.1 The Board shall review each SAP and distribute all or a portion of an institution’s allocation as soon as practicable after the Board approves the SAP. An institution may receive up to 100% of its allocation over two academic years beginning in the 2021-22 academic year. 4.03.2 Before approving an SAP, the Board shall consider: 4.03.2.1 The respective percentages of the allocation that will be used for direct and indirect financial assistance, with the intent that a greater percentage is used for direct financial assistance. 4.03.2.2 The population of eligible students that the SAP is designed to support, including traditional and nontraditional students and the degree to which the SAP focuses on disproportionately impacted student populations. 4.03.2.3 The speed and efficiency with which the institution expects to distribute its allocation. 4.03.2.4 The quality of the SAP, including: 4.03.2.4.1 The rigor of programming and quality of the evaluation measures. 4.03.2.4.2 The likelihood that the institution will meet the goals specified in the SAP and that the SAP will result in significant increases in eligible student enrollment, persistence, and completion. 4.03.2.4.3 For public institutions of higher education other than area technical colleges, the likelihood that the SAP will result in significant decreases in student debt. 4.03.3 Before approving an SAP, the Board may provide feedback to the submitting institution, including suggested changes, and require the institution to revise and resubmit the plan. 4.04 Reporting obligations of public institutions of higher education 4.04.1 By August 1,2022, each institution that received an allocation shall submit a draft report to the Board that includes: 4.04.1.1 A detailed explanation of the amount of an allocation that the institution spent during the 2021-22 academic year, including the number of eligible students served, the amount of direct financial assistance, and support services provided to eligible students. 4.04.1.2 An explanation of the prior year’s progress in relation to the institution’s statement of work, budget expenditures, and student data in alignment with the initiative’s reporting requirements; 4.04.1.3 Any other data that demonstrates the institution's progress toward and achievement of the goals of assisting eligible students to enroll, persist, and complete postsecondary credentials and, for public institutions of higher education other than area technical colleges, decrease student debt; 4.04.1.4 Any other data related to the use of the allocation that the board requests; and 4.04.1.5 If any portion of the allocation remains undistributed, a request that the Board distribute the remainder and a description of any revisions to the institution's SAP for spending the remainder, including an updated statement of work and budget for the following year. 4.04.2 At the end of the 2021-22 academic year, by September 1, each public institution of higher education shall submit a final report to the board after consultation with the Initiative staff. 4.04.3 The Board shall review each institution’s report and determine the institution's success in achieving the goals identified in the institution's SAP. 4.04.4 For each institution that requests the distribution of the remainder of the institution's allocation. 4.04.4.1 The Board shall review the institution's SAP, including any revisions; 4.04.4.2 Based on the criteria specified in 4.03, the Board may provide feedback and require changes to the plan before distributing the remainder to the institution for the 2022-23 academic year. 4.04.4.3 An institution that implements an SAP during the 2022-23 academic year and that continues to implement the SAP in subsequent academic years shall submit an annual draft report to the Board by August 1, and a final by September 1, as it pertains to each academic year in which the SAP continues to be implemented. 4.05 Reporting obligations of the Board 4.05.1 By December 1, 2022, and by December 1 each year thereafter so long as the Board continues to receive reports pursuant to Rule 4.04, the director of the initiative shall submit a summary of the Rule 4.04 reports to the Joint Budget Committee and to the Education Committees of the Senate and the House of Representatives. 4.05.2 The initiative’s summary must include for each reporting institution: 4.05.2.1 The amounts allocated and distributed; 4.05.2.2 The amount spent on direct financial assistance, the amount spent on indirect financial assistance, the types of direct financial assistance provided, and they types of indirect financial assistance provided; 4.05.2.3 The number of eligible students who re-enrolled during the academic years when the institution's SAP was implemented; 4.05.2.4 The postsecondary credentials awarded to eligible students who received assistance through the institution's SAP; and 4.05.2.5 Any additional information the Board deems useful in determining the degree to which American Rescue Plan funds were successfully spent to increase eligible student enrollment, persistence, and completion and decrease student debt. 5.0 Student aid applications completion grant program 5.01 The student aid applications completion grant program is intended to assist local education providers in increasing the number of students who complete of student aid applications before graduating from high school. 5.02 To be eligible for the grant program a local education provider must require students to complete the student aid applications before graduation unless the requirements is waived under conditions described by the local education provider. 5.03 A local education provider that seeks to participate in the grant program must submit an application to the Board. 5.03.1 The application must include: 5.03.1.1 The student aid application completion rate for high schools operated by the local education provider for the school year immediately preceding the application; 5.03.1.2 The local education provider's goal for increasing the student aid application completion rate; 5.03.1.3 The conditions under which the local education provider may waive the requirement that a student complete the student aid applications before graduating from high school; 5.03.1.4 Whether the local education provider is partnering or intends to partner with a community-based nonprofit organization or an institution of higher education to support students in completing the student aid applications; 5.03.1.5 How the local education provider intends to use the money received through the grant program to increase the student aid application completion rate. 5.04 The Board shall review the submitted grant applications and, subject to availability, award the grants from money appropriated pursuant to section 23-3.3-1005(7), C.R.S. 5.05 In awarding grants, the Board shall prioritize applicants that partner with one or more communitybased nonprofit organizations or institutions of higher education. 5.06 Before awarding grants, the Board shall consult with the Department of Education. 5.07 On or before August 1, immediately following the completion of a school year in which a local education provider received a grant, the provider shall submit a report to the Board specifying how the grant money was used to increase the student aid application completion rate and whether and to what degree the rate increased from the preceding school year. 5.08 On or before November 1, 2022, and on or before November 1 for each year in which a local education provider submits a report, the Board shall include in the annual report prepared pursuant to section 23-3.3-1004(4)(c), C.R.S., a summary of the reports received from the providers. The Board may include in the summary recommendations concerning continuation of and changes to the grant program. 6.0 Youth Mentorship Assistance Grant Pilot Program 6.01 The Youth Mentorship Assistance Grant Pilot Program is intended to provide financial assistance to a student who provides mentorship services to defray the cost of the student’s attendance at a public institution of higher education. 6.02 The funds will be used as payments for service to the student in the form of scholarships, which will be paid directly to the public institution of higher education at the end of each semester. 6.03 Non-profit organizations, state entities, and community partnerships committed to increasing the availability of scholarship dollars for Colorado students and are committed to adhering to the grant policies are eligible to apply. 6.03.1 The youth mentorship organization shall have a policy and procedure requiring a state and national fingerprint-based criminal history record check utilizing the records of the Colorado Bureau of Investigation and the Federal Bureau of Investigation of all prospective eligible student-mentors, volunteers, and employees. 6.03.2 The youth mentorship organization shall not permit prospective eligible student-mentors, volunteers, or employees to serve the organization if they have been convicted of, entered a plea of guilty or nolo contendere to, or received a deferred sentence for: 6.03.2.1 a felony crime involving unlawful sexual behavior or unlawful behavior involving children; 6.03.2.2 a felony crime, the underlying factual basis of which has been found by the court on the record to involve domestic violence; 6.03.2.3 a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; or 6.03.2.4 a misdemeanor crime, the underlying factual basis of which has been found by the court on the record to involve domestic violence. 6.03.3 The Board shall select one approved youth mentorship organization focused on serving one or more of the following communities: 6.03.4.1 a youth mentorship organization for youth who are lesbian, gay, bisexual, transgender, or queer; 6.03.4.2 a youth mentorship organization for youth who have a physical, mental, or developmental disability; 6.03.4.3 a youth mentorship organization for youth of color; 6.03.4.4 a youth mentorship organization for youth who are justice involved. 6.03.5 To the extent possible, the Board shall select approved youth mentorship programs that serve youth who reside in rural and urban areas of Colorado. 6.03.6 The grant recipient shall submit an annual report to the initiative that includes: 6.03.6.1.1 A description of the approved youth mentorship organization, including its location, the services it provides, demographic information of the mentees it serves, and summaries of the program's impact on the mentees served; except that any summary must not disclose the identity of a mentee or include personal information that could disclose the identity of a mentee; 6.03.6.1.2 The number of eligible student-mentors who provided mentorship services to the approved youth mentorship organization during the preceding state fiscal year, in total and disaggregated by race, ethnicity, gender identity, and the qualified public institution of higher education in which the eligible student-mentors are enrolled; and 6.03.6.1.3 The amount of money received by the approved youth mentorship organization from the program, in total and disaggregated by payments to public institutions of higher education. 6.04 Eligible student mentors must meet the eligibility criteria listed. The grant recipients may add additional criteria. Eligible student mentors must: 6.04.1 Complete the Free Application for Student Aid (FAFSA) or Colorado Application for Student Financial Aid (CASFA) application annually; 6.04.2 Meet the financial need threshold of zero to two hundred and fifty percent of Pell eligibility; 6.04.3 Be an undergraduate student; 6.04.4 Be a Colorado resident for tuition purposes (including ASSET students under C.R.S. § 23-7-110); 6.04.5 Be enrolled in a qualified public institution of higher education for the duration of the mentorship; 6.04.6 Satisfy all eligibility requirements necessary to be a student mentor through the approved mentorship organization, including completing the fingerprint-based criminal history record check; 6.04.7 Provide evidence of program compliance during the duration of the mentorship. 6.05 The Board will prioritize consideration for eligible student-mentors who demonstrate the greatest financial assistance needs. 6.06 If a student-mentor does not earn the amount of allotted financial assistance for their cost of attendance the program, the Board will consider any options to obtain repayment of such financial assistance. 6.07 On or before December 1, 2024, and on or before December 1 for each year of the grant program, the Initiative shall submit a report to the education committees of the Senate and House of Representatives. The report shall be prepared pursuant to section 23-3.3-1010(8)(b), C.R.S. 7.0 Evaluation of the effectiveness of the initiative in improving higher education outcomes in the state 7.01 The initiative shall use the following criteria for evaluating the effectiveness of the initiative in improving higher education outcomes in the state: 7.01.1 Reductions in remediation rates and associated costs; 7.01.2 Increases in high school graduation and certificate and degree completion rates; 7.01.3 Reductions in average time required to earn a certificate or degree; 7.01.4 Increases in student retention rates; 7.01.5 Reductions in disparities between the academic achievements of certain student populations based on demographic, geographic, and economic indicators; 7.01.6 Adoption of best practices for student support services; 7.01.7 Fulfillment of local workforce needs; 7.01.8 Reductions in student loan debt; 7.01.9 Improvements in tuition affordability; and 7.01.10 Improvements in students’ access to federal grant programs and other federal sources of support for postsecondary students. 7.02 The initiative shall require entities in receipt of grant funds to provide any information needed to evaluate the initiative’s impact on higher education outcomes in the state according to the above criteria. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/15/2015.

Rules 2.02.4, 2.03-2.04, 4.0 emer. rules eff. 10/16/2015.

Rules 2.02.4, 2.03-2.04, 4.0 eff. 01/14/2016.

Rules 0.0, 1.0, 2.01.1, 2.02.3, 2.04.1.1, 2.04.1.3, 2.04.1.5, 3.02, 3.03.2, 3.04.4, 3.05 eff. 08/30/2020.

Sections 1-7 emer. rules eff. 07/14/2021; expired 11/11/2021.

Entire rule eff. 11/14/2021.

Rules 1.0, 2.02.5.1, 2.04.1.5-2.04.1.7, 3.02.2.6, 6.0, 7.0 eff. 03/16/2024.

1504 Historical Society

8 CCR 1504-5 State Register of Historic Places {#sec-8-ccr-1504-5 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-5}

DEPARTMENT OF HIGHER EDUCATION

Historical Society STATE REGISTER OF HISTORIC PLACES 8 CCR 1504-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE:

A State Register of Historic Places was established in 1975 by CRS 24-80 1-101 to 108 The law authorizes the State Historical Society to prepare and promulgate rules and procedures by which properties shall be determined to be eligible for, nominated to and included in, or removed from the State Register.

The purpose of the rules is to implement the statutes, so that the public, interested organizations, and state agencies and departments may actively participate in the nomination of properties to the State Register, in reviews of proposed actions by state agencies affecting properties listed in the State Register, and to assure that eligible properties within Colorado are included in the State Register.

IMPLEMENTATION

These rules and procedures implement the Act creating the State Register of Historic Places, CRS 24- 80.1-101 to 108, and should be used and read in conjunction with the law. All definitions found in CRS 24-80.1-102 are incorporated by reference herein.

NOMINATION TO THE STATE REGISTER 2.1 Nominations to the State Registers all be submitted to the Society on official nomination forms provided by the Society. 2.2 A complete nomination shall include shall not be limited to: the property’s address and legal description; the owner(s) name, address and telephone number; a physical description of the property; a statement of historical significance; and current photographs of the property. All nominations shall include the owner’s written approval of the property’s nomination to and inclusion in the State Register. 2.3 Within fourteen (14) calendar days of receipt of a nomination, the Society shall review the nomination on form, content, and sufficiency of information 2.4 A nomination which is incomplete or does not contain sufficient information shall be returned to the applicant for additional information. 2.5 A complete nomination shall be accepted and scheduled for review by the State Register Review Board. The Society shall notify the owner and the nominator of the property as to the date, time, and location of the State Register Review Board meeting.
CRITERIA FOR EVALUATION OF A PROPERTY NOMINATED TO THE STATE REGISTER

Criteria for inclusion in the State register are those provided in CRS 24-80.1-107 (1).

STATE REGISTER REVIEW BOARD 4.1 The State Register Review Board shall consist of a minimum of five and a maximum of fifteen persons, the majority of whom shall be recognized professionals in the fields of history, prehistory and historic archaeology, architectural history, and architecture. In addition to these members, the two advisors from the State of Colorado to the National Trust for Historic Preservation shall serve as voting ex officio members of the State Register Review Board. 4.2 Members of the State Register Review Board shall be appointed by the Board of Directors of the Society and shall serve two-year terms so that no more than one- half of the members' terms expire in any given year. Members may be reappointed. Vacancies shall be filled in the same manner as original appointments for the remainder of the unfilled term, and such appointees may be reappointed to a regular term following such service. 4.3 The State Register Review Board shall meet a minimum of three (3) times during each calendar year. 4.4 The duties of the State Register Review Board are to review all accepted State Register nominations and issue a recommendation to the Board of Directors of the Society for the nominated property’s inclusion in, denial of inclusion in, or removal from the State Register. The recommendation of the State Register Review Board shall be based on its determination of the property’s historical significance and whether or not the property meets the criteria for evaluation.

CRS 24-80.1-102 (6); CRS 24-8C 107 (1).

INCLUSION OF NOMINATED PROPERTY IN THE STATE REGISTER 5.1 Within thirty (30) calendar days of the meeting at which the nominated property is considered by the State Register Review Board, the Board of Directors of the Society shall determine whether the property is to be included in the State Register. Such determination shall be based on the recommendation of the State Register Review Board as well as other pertinent information. CRS 24-80.1-105 (2). 5.2 Upon final determination to include a property in the State Register, by the Board of Directors of the Society, the nominated property shall be officially included in the State Register.
REMOVAL OF PROPERTIES FROM THE STATE REGISTER 6.1 Properties that cease to meet the criteria for listing in the State Register because the qualities which caused them to be originally listed have been lost or destroyed may be removed from the State Register. 6.2 Requests for removal shall be submitted to the Society on official forms provided by the Society. 6.3 Within fourteen (14) calendar days of receipt of a request for removal, the Society shall review the request on form, content, and sufficiency of information. 6.4 A request which is incomplete or does not contain sufficient information shall be returned to the requesting party for additional information. 6.5 A complete request for removal shall be accepted and scheduled for review by the State Register Review Board. The Society shall notify the owner and the requesting party as to the date, time, and location of the State Register Review Board meeting. 6.6 Within thirty (30) calendar days of the meeting at which the removal of the subject property is considered by the State Register Review Board, the Board of Directors of the Society shall determine whether the property is to be removed from the Sate Register. Such determination shall be based on the recommendation of the State Register Review Board as well as other pertinent information. 6.7 Upon final determination to remove a property from the State Register, by the Board of Directors of the Society, the nominated property shall be officially removed from the State Register. 6.8 Properties removed from the National Register of Historic Places are not removed from the State Register unless the procedures established in this section have been followed.
STATE REGISTER OF HISTORIC PLACES 7.1 In addition to all properties included in the National Register (CRS 24-80.1-105 (3)), the State Register shall include all nominated properties receiving final determination to be included in the State Register in accordance with these rules and procedures. 7.2 An official list of all properties included in the State Register shall be maintained by the Society and shall be accessible to the public. 7.3 Agencies and others shall be notified of additions or deletions to the State Register by periodic publication in the Society’s newsletter.
REVIEW OF PROPOSED ACTIONS BY STATE AGENCIES 8.1 At the earliest stages of planning or consideration of a proposed action, the agency initiating the action should contact the Society to determine whether properties of historical significance may be located within the area of the proposed action. 8.2 When a state agency action may adversely affect a property fifty or more years old, the agency should seek the Society’s determination as to whether such property is of historical significance. If the property is determined to be of historical significance as defined in CRS 24- 80.1-102 (6), the agency shall request the Society’s determination of effect on such property.

CRS 24-80.1-104 (2) (a). 8.3 As provided in CRS 24-80.1-104, state agencies considering actions which may have an effect on a property or properties included in the State Register shall notify the Society in writing of the proposed action and shall request the Society’s determination of effect on such properties. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1504-6 Income Tax Credit for Qualified Costs Incurred in Preservation of Historic Properties {#sec-8-ccr-1504-6 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-6}

DEPARTMENT OF HIGHER EDUCATION

Historical Society INCOME TAX CREDIT FOR QUALIFIED COSTS INCURRED IN PRESERVATION OF HISTORIC PROPERTIES 8 CCR 1504-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE:

House Bill 90-1033 required the establishment and promulgation of criteria and procedures by which restoration, rehabilitation and preservation of qualified properties shall be determined to be qualified rehabilitation for purposes of a tax credit. House Bill 99-1345, which reauthorizes with amendments the tax credit through December 31, 2009, maintained this provision as does House Bill 08-1033 which reauthorizes with amendments the tax credit through December 31, 2019.

The purpose of the criteria and procedures is to provide uniformity of procedure for the state historic preservation officer, State Historical Society of Colorado, and the participating certified local governments, so that taxpayers applying for use of the tax credit receive prompt and consistent review of proposed and completed rehabilitation work.

IMPLEMENTATION 1.1 These criteria and procedures implement House Bill 90-1033, as amended by House Bill 99-1345 and House Bill 08-1033, and should be used and read in conjunction with the law. All definitions found in CRS 39-22-514 (12) are incorporated by reference herein. 1.2 The 1999 amendments to the tax credit statute made in House Bill 99-1345 shall apply only to those projects commenced on or after June 3, 1999. 1.3 Since review of restoration, rehabilitation, or preservation of qualified properties may be made by a participating certified local government or the state historic preservation officer, the criteria and procedures are uniform for all reviewing entities. All forms shall be furnished by the state historical society. 1.4 The term “rehabilitation” used in these criteria and procedures includes restoration and preservation.
APPLICATION TO REVIEWING ENTITY 2.1 Application for preliminary approval of proposed rehabilitation work shall be made on the form developed by the state historical society, and available from the reviewing entity. At the time of submittal of an application form to the reviewing entity, the applicant shall also pay the initial, nonrefundable $250 fee, unless the fee has been reduced or eliminated by the reviewing entity for rehabilitation work when qualified costs are less than $15,000, and shall provide plans, photographs and specifications for the proposed rehabilitation work. CRS 39-22-514 (3)(a) (I) 2.2 Applications for rehabilitation work may include qualified costs already incurred prior to granting preliminary approval, provided that:

(a) The reviewing entity finds that the applicant’s documentation for the already completed work demonstrates conformity with the Secretary of the Interior’s Standards for Rehabilitation and any applicable local standards;

(b) The reviewing entity finds that any additional documentation requested of the applicant, including photographic documentation, demonstrates conformity with the Secretary of the Interior’s Standards for Rehabilitation and any applicable local standards; and, (c) Receipts for goods and services prove that qualified costs were for rehabilitation work performed on or after June 3, 1999 of and within the twenty-four (24) months period following commencement of the work during which the work must be completed. CRS 39- 22-514 (3)(a)(I). 2.3 The state historical society’s application form shall include, but shall not be limited to: applicants) name, address (business and residence), and telephone number (business and residence); address of the property proposed for rehabilitation; applicant(s) status as owner or tenant; estimated, itemized costs of the proposed rehabilitation work; a description of the work to be done, as detailed in the plans and specifications; and the applicant’s signed approval to allow the reviewing entity reasonable access to the property. 2.4 The state historical society’s application form shall be used by each certified local government serving as reviewing entity, and shall be modified by that local government to show the name, address and telephone of that certified local government.

RESPONSE BY REVIEWING ENTITY 3.1 Upon receipt of an application, the reviewing entity shall respond in writing within ten (10) calendar days, as to the apparent completeness of he application. 3.2 Within forty-five (45) calendar days of receipt of a complete application, the reviewing entity shall notify the applicant in writing of its decision to: grant preliminary approval, deny approval, or table the application pending receipt of specified additional materials or information.
CONTRIBUTING PROPERTY 4.1 “Contributing property” shall include any property within a designated historic district unless it is decided by the reviewing entity that the property does not contribute to the district’s sense of time and place and historical development. 4.2 An applicant may appeal a decision that a property is not a contributing property within sixty (60) calendar days of notification of such decision by providing additional information to the reviewing entity on the significance of the property and requesting a final review on the basis of the additional information. The reviewing entity shall issue its final decision within forty-five (45) calendar days of receipt of the additional information.
QUALIFIED COSTS 5.1 “Qualified costs” and “qualified rehabilitation” are defined and listed in CRS 39-22-514 (12)(e)(g). 5.2 Improvements undertaken due to normal wear and tear on a property do not qualify nor does routine or periodic maintenance, such as cleaning, routine painting, minor repairs, general periodic upkeep, redecorating or any purely cosmetic change that is not part of an overall rehabilitation or that does not enhance the property’s historic character. 5.3 Rehabilitation work on hard surfaces of landscaping is a qualified cost, but work on vegetative landscaping is not a qualified cost. 5.4 Restoration of documented missing features such as dormers and porches is a qualified cost and is not considered an addition.
APPROVAL OF COMPLETED QUALIFIED REHABILITATION 6.1 Within sixty (60) days of completion of the rehabilitation work described in the approved application as evidenced by appropriate documentation, the applicant shall submit the request for approval of the completed rehabilitation work. 6.2 Requests for approval of the completed rehabilitation work shall be made on the form developed by the state historical society, and available from the reviewing entity. At the time of submittal of such request, the applicant shall also submit to the reviewing entity: payment of the nonrefundable fee required in CRS 39-22-514(11)(a); interior and exterior photographs documenting the completed rehabilitation work; and an itemized accounting of all qualified costs incurred on qualified rehabilitation work. 6.3 The state historical society’s form for requesting approval of completed rehabilitation work shall include, but shall not be limited to: applicant(s) name, address (business and residence), and telephone (business and residence); address of the property rehabilitated; applicant(s) status as owner or tenant; an itemized list of qualified costs incurred on qualified rehabilitation work; and the applicant’s signed approval to allow the reviewing entity reasonable access to the property. 6.4 The state historical society’s form for requesting approval of the completed rehabilitation work shall be used by each certified local government serving as a reviewing entity, and shall be modified by that local government to show the name, address and telephone of that certified local government.
VERIFICATION OF COMPLIANCE 7.1 The state historical society shall develop a verification form containing the information included in CRS 39-22-514(3)(a)(III). 7.2 The state historical society’s verification form shall be used by each certified local government serving as a reviewing entity, and shall be modified by that local government to show the name, address and telephone of that certified local government. 7.3 Within forty-five (45) calendar days of receipt of a complete request for approval of completed rehabilitation work, the reviewing entity shall review and respond to the request. 7.4 If the completed rehabilitation meets the provisions of CRS 39-22-514(3)(a)(III)(A)(B)(C), the verification form shall be issued within the forty-five (45) day period. 7.5 If the completed rehabilitation fails to meet the provisions of law cited in 7.4, no verification form shall be issued, and the applicant shall be informed of such decision in writing within the forty-five (45) day period.
EXTENSION OF COMPLETION DEADLINE 8.1 Requests for a one time extension of the twenty-four (24) month deadline for the completion of qualified rehabilitation work shall be submitted to the reviewing entity in writing at least sixty (60) days prior to the end of the twenty-four (24) month period. CRS 39-22-514 (5) 8.2 Within forty-five (45) calendar days of the receipt of the written extension request, the reviewing entity shall respond in writing either approving or denying such request.
CERTIFIED LOCAL GOVERNMENTS AS REVIEWING ENTITIES 9.1 House Bill 08-1033 eliminated the requirement for each certified local government to determine annually by resolution whether or not it will act as a reviewing entity for the following year and provides that each certified local government’s decision to review or not to review projects locally is effective until and unless it is changed by the certified local government by resolution. 9.2 A reviewing entity may establish an appeal process for a decision failing to grant a preliminary approval or final approval in full or in part. The appeal from decisions of the Office of Archaeology and Historic Preservation should be made in writing to the state historic preservation officer within thirty (30) days of the decision. The state historic preservation officer shall respond within thirty (30) days of receipt of the appeal.
TAX CREDIT MAY NOT BE TAKEN IN YEARS WHEN PROJECTED GENERAL FUND

REVENUES ARE INSUFFICIENT 10.1 For income tax returns prepared for calendar year 2011 and years thereafter, the tax credit may not be taken if general fund revenue estimates prepared by the legislative council in December 2010 and each December thereafter for each succeeding year indicates the general fund is insufficient to maintain the limit on appropriations as determined by the legislature in 24-75-201.1, and 39-22- 514 (11.7) C.R.S. However, the tax credit may then be taken in years in which funds are sufficient. 10.2 The Department of Revenue is required to post on its website by January 1 of each year starting January 1, 2011 whether or not the tax credit may be taken for that year. The Colorado Historical Society shall notify certified local governments of the determination after it is posted. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2009.

8 CCR 1504-7 Historical, Prehistorical, and Archaeological Resources {#sec-8-ccr-1504-7 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-7}

DEPARTMENT OF HIGHER EDUCATION

HISTORICAL, PREHISTORICAL, AND ARCHAEOLOGICAL RESOURCES

8 CCR 1504-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

SECTION 1. Statement of basis and purpose The Historical, Prehistorical, and Archaeological Resources Act of 1973 (CRS 24-80-401 to 410) created the office of the state archaeologist (OSAC) in the State Historical Society of Colorado to coordinate, encourage, and preserve the full understanding of Colorado's archaeological and paleontological resources for the benefit of Colorado's citizens. The 1973 Act gave the office and the society explicit

authority to promulgate rules and regulations defining how the duties prescribed by the Act were to be carried out. The 1990 Act enumerates the types of entities that are “political subdivisions” of the state, adds a new duty for the state archaeologist in regard to out-of-state loans of resources belonging to the state of Colorado, stipulates that the society shall undertake certain powers when requested to do so, and adds a new statutory section, part 13, pertaining to unmarked human graves. The state archaeologist is authorized to adopt rules and regulations to implement part 13 in accordance with the State Administrative Procedures Act (CRS 24-4-101ff).

These regulations are being promulgated to implement the duties of the office of the state archaeologist, and to advise the public as to the standards and requirements for archaeological and paleontological work in Colorado.

SECTION 2. Definitions As used in these regulations, A. “The Act” means the Historical, Prehistorical, and Archaeological Resources Act of 1973 (CRS 24-80-401 to 411, and 24-80-1301 to 1305);

B. “Ancillary samples” are organic or inorganic specimens, other than human remains or artifacts, gathered by scientists for the purpose of analysis to provide information on past environments, diets, chronology, or material source areas. Ancillary samples may include, but are not limited to, charcoal, wood, soil, coprolites, and floral or faunal specimens.

C. “Archaeological resources” means all sites, deposits, structures, or objects which are at least 100 years of age and which provide information pertaining to the historical or prehistorical culture of people within the boundaries of the state of Colorado;

D. “Artifacts” are portable items made, used, or transported by humans;

E. “Curation” means permanent maintenance, storage, preservation, documentation, and the ability to retrieve from storage collected archaeological, historical, prehistorical, and paleontological specimens and records;

F. “Excavation” means subsurface sampling or removal of specimens by hand or with mechanized equipment, including test excavation;

G. “File search” means an examination of the automated inventory of historical and archaeological sites maintained at the State Historical Society of Colorado for the area in which work is proposed to be conducted;

H. “Fossil” means the remains or traces of an organism or assemblage of organisms preserved by natural processes in or on the earth's crust, exclusive of organisms that have been buried in recent times. Materials such as oil and gas, coal, oil shale, bitumen, lignite, asphaltum, tar sands, phosphate, limestone, diatomaceous earth, uranium, and vanadium, while they may be of biologic origin, are not here considered fossils;

I. “Funerary objects” means objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later.

J. “Historical” means older than 50 years of age and during the period that written records have been used to document events in Colorado.

K. “Historical resources” means all sites, deposits, structures, buildings, or objects which provide information pertaining to the culture of people during the historical period;

L. “Investigation” means the scientific study of archaeological or paleontological resources.

M. “Museum” means a scientific or educational institution that agrees to permanently curate archaeological or paleontological materials collected under the authorization of a permit issued by the society, including specimens, documents, and photographs (Section 9 of these regulations);

N. “Paleontological resources” means fossils and other remains of prehistoric animals, plants, insects, and other objects of natural history within Colorado that do not show evidence of human association;

O. “Permit” means a written authorization issued by the society that allows the investigation, excavation, gathering, or removal of historical, archaeological or paleontological resources from lands within the state of Colorado;

P. “Prehistorical” means before the period that written records were used to document events in Colorado. Prehistorical resources may be archaeological or paleontological;

Q. “The society” means the State Historical Society of Colorado;

R. “State archaeologist” means the individual appointed by the board of directors of the State Historical Society of Colorado to carry out the duties prescribed in the Act;

S. “State monument” means any historic or prehistoric structure, deposit, site or other object of scientific or historic interest situated on lands owned by the state of Colorado and duly designated by the governor as such;

T. “Survey” means the search for, inventorying of, and documentation of archaeological or paleontological resources in the field by non-destructive means in accordance with established standards for the purpose of recording such remains on official Colorado inventory forms, and of preparing reports that meet guidelines published by the society.

SECTION 3. Objectives and duties of the state archaeologist The state archaeologist's duties are to fulfill the objectives of the Act particularly those outlined in part 405 of the Act. This work will be performed to the standards required of permittees in these regulations.

SECTION 4. The permit system Anyone desiring to perform archaeological or paleontological survey or excavation on any lands owned by the state of Colorado must obtain a permit from the society. Any state agency wishing to perform such work on state land must obtain a permit in the same manner as private applicants. Permits are issued by the society through the office of the state archaeologist on behalf of the society.

The permit system may apply to lands belonging to political subdivisions of the state or to private landowners, at the request of the owner and the concurrence of the state archaeologist, except that the excavation of any unmarked human burial older than 100 years regardless of ethnic affiliation shall require a permit if such burial is situated within any nonfederal land in Colorado.

Four classes of permits are issued:

A. Survey only (archaeology or paleontology)

“Survey only” permits authorize the search for, inventorying of and documentation of archaeological or paleontological resources in the field by non-destructive means in accordance with established standards for the purpose of recording such remains on official Colorado inventory forms and of preparing reports that meet guidelines published by the society. No specimens are authorized to be collected, except artifacts exposed on the surface of the ground.

Such permits may be statewide in scope, and are issued for a period of one year or less.

B. Non-collection survey only (archaeology or paleontology)

“Non-collection survey” permits authorize the search for, inventorying of and documentation of archaeological or paleontological resources in the field by non-destructive means in accordance with established standards for the purpose of recording such remains on official Colorado inventory forms and of preparing reports. Absolutely no specimens, artifacts, or fossils are authorized to be collected. Such permits may be statewide in scope, and are issued for a period of one year or less.

C. Survey and test excavation (archaeology or paleontology)

“Survey and test excavation” permits authorize limited excavation of noncontiguous units (totaling less than 10 square meters), gathering and removal of specimens, sufficient to evaluate the cultural significance of identified archaeological or paleontological properties. Such permits may be statewide in scope, and are issued for a period of 14 months or less.

D. Excavation (archaeology or paleontology)

“Excavation” permits authorize subsurface investigations of a specified historical, archaeological or paleontological resource(s), or an unmarked human burial, in accordance with a research design or statement of objectives that has been approved for the specific resources) described in the application, and may be issued for a period not to exceed 14 months.

SECTION 5. Permit application Application for a permit to investigate, excavate, gather, or remove archaeological or paleontological resources must be made on the official application form (Exhibit 1), and must include the following information:

A. For “survey” and “survey and test excavation” permits:

Name(s) of principal investigator and project archaeologists or project paleontologists;
Institutional affiliation and mailing address;
Location where work will be performed;
Vita(e) of principal investigator and project archaeologist(s) or project paleontologist(s);
Agreement with an approved museum (as defined in Section 9) for curation of specimens, documents, photographs and other materials and records resulting from the proposed work. This agreement must be dated within five years of the date of the permit application.

B. For “non-collection survey only” permits 1. Name(s) of principal investigator and project archaeologists or project paleontologists;

Institutional affiliation and mailing address;
Location where work will be performed;
Vita(e) of principal investigator and project archaeologists) or project paleontologist(s);

C. For “excavation” permits, the following information is required:

Name(s) of Principal Investigator and Project Archaeologist or Project Paleontologist;
Institutional affiliation and mailing address;
Location where work will be performed, and name, address, and telephone number of landowner;
Vita(e) of principal investigator and project archaeologist or project paleontologist, with documentation of completed professional projects.
Agreement with an approved museum (as defined in Section 9) for curation of specimens, documents, photographs and other materials and records resulting from the proposed work. This agreement must be dated within five years of the date of the permit application.
Research design for proposed excavation.

D. Qualifications of applicants for archaeological permits. Applicants for permits to conduct archaeological work must meet the following minimum qualifications, as documented in the application:

Principal investigator:

a) Graduate degree in anthropology or archaeology or history with demonstrated experience in Colorado prehistoric or historic archaeology, or in related topical, geographic or cultural areas; and b) At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management; and c) At least four months of supervised field and analytic experience in general North American archaeology; and d) Demonstrated ability to carry research to completion.

Project Archaeologist:

a) Bachelor's degree in Anthropology or Archaeology; and b) At least six months of full-time professional experience or equivalent specialized training in archaeological research, administration or management; and c) At least four months of supervised field and analytic experience in general North American archaeology; and d) Demonstrated experience in Colorado prehistoric or historic archaeology, or in related topical, geographic or cultural areas.

E. Qualifications of applicants for paleontological permits Applicants for permits to conduct paleontological work must meet the following minimum qualifications as documented in the application:

Principal investigator;

a) Graduate degree in geology, zoology, paleobotany, botany, or related fields, with demonstrated experience in the vertebrate or invertebrate paleontology of Colorado or related topical or geographical areas; or b) At least one year of full-time professional experience or equivalent specialized training in paleontological research, administration, or management; and c) At least four months of supervised field and analytic experience in general North American paleontology; and d) Demonstrated ability to carry research to completion.

Project paleontologist:

a) Bachelor's degree in geology, zoology, paleobotany, botany, or related fields, and b) At least six months of full-time professional experience or equivalent specialized training in paleontological research, administration or management; and c) At least four months' supervised paleontological field experience in North America; and d) Demonstrated experience in Colorado paleontology or related areas.

F. Waiver of qualifications Applicants who do not meet the minimum qualifications listed in Section 5C or 5D may apply for a waiver.

Such written application for waiver must include the following information:

Current (less than three years old) curriculum vitae of individual applying for waiver;
A statement of the reasons why the applicant believes he/she is qualified to undertake the proposed work;
Written examples of similar or related work.

G. Oath. The applicant shall sign an oath attesting that information provided on the application is true, in accordance with CRS 24-4-104(13)(a).

SECTION 6. Permit issuance and denial A. Application and permit schedule The society through the state archaeologist will review complete applications within 10 working days of receipt and immediately notify the applicant of the results of the review by mail.

B. Criteria for issuance Applications must be complete. The applicant is responsible for the completeness and quality of information submitted.

C. Criteria for permit denial 1. The society through the state archaeologist may deny a permit to an applicant:

a. If he/she does not meet the qualifications outlined above;

b. If he/she gives false information on the application;

c. If he/she gives fails to adhere to any of the terms and conditions of prior permits;

d. If he/she has previously been denied a federal permit for work on the same project;

e. If he/she has been convicted of a violation of the Act;

f. If he/she has a record of violating any law applicable to archaeological or paleontological resources protection. Violation of said law shall include civil sanctions as well as criminal conviction (which shall include a plea of nolo contendere or acceptance of a deferred sentence);

g. If he/she has a record of unacceptable reports;

h. If he/she submits a research design or documentation plan that does not meet the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (Federal Register 48(190). September 29, 1983);

i. If he/she has not arranged for funding sufficient to complete the proposed work;

j. If the landowner or land manager objects; or k. For other just cause.

The society through the state archaeologist will provide an applicant who is denied a permit a written explanation of the reasons for the denial. The applicant, within 60 days, may request a hearing before the president of the society or an administrative law judge pursuant to CRS 24-4-105. The society will notify the applicant of the time and place of the hearing at least 20 days prior to said hearing.

SECTION 7. Permit terms and conditions Permits are issued subject to the following terms and conditions:

A. Permittees must adhere to the following standards for survey work carried out on state lands:

All areas in which ground disturbance is anticipated will be surveyed for cultural resources.
Routine survey work for well pads, highways, and other specific projects will adhere to the following standards:

a. A minimum of 10 acres will be investigated for each well pad location.

b. Linear projects will be investigated by spacing surveyors no wider than 30 meters apart.

c. A minimum of 70 percent ground visibility is required for all projects surveyed with snow cover.

All archaeological permittees must perform a file search at the society or pay the society to do so prior to beginning field work.
All newly documented historical, prehistorical and archaeological resources will be recorded on standard Colorado inventory forms, available from the society.
Permittees will obtain an official Colorado site number, based on the Smithsonian trinomial system, from the society for each newly documented historical, prehistorical or archaeological resource.
Original, typed inventory forms and photographs must be submitted for review and acceptance by the society within three months of resource discovery.

B. All archaeological or paleontological excavation under a permit issued by the society shall be undertaken with an objective of increasing knowledge.

Recovered specimens, except human remains and associated funerary objects, shall be preserved, either on the site or in museums, open to the public and available to qualified students. The permit shall specify the name of the museum in which the recovered materials shall be deposited.
Permittees shall take measures to assure the security of the excavation project site.
Excavated human remains and associated funerary objects may be retained by the permitted archaeologist for a period not to exceed one year from the date of disinterment, for the purpose of study. Studies should be completed as soon as possible. At the end of the one-year study period, the state archaeologist shall receive the remains and confer with the Colorado Commission of Indian Affairs regarding disposition. A permittee's request for an extension of time shall be addressed in writing to the Colorado Commission of Indian Affairs, with a copy provided to the state archaeologist.

C. A copy of an approved permit must be in the possession of the permittee at all times when on state land. An individual named on the permit must be present at all times. Permittees shall not begin work exceeding 10m on any site until a permit for that site has been issued, nor shall a permittee excavate human remains until a permit specifically authorizing this has been issued.

D. Permittees must obtain separate permission to enter on state lands from the state agency which administers said land, including but not limited to the State Land Board and its current lessee(s) if any, the Division of Wildlife, and the Division of Parks and Outdoor Recreation.

E. Permittees must file all required reports in a timely manner (as defined in Section 7.J. and 7.K.)

F. Permittees shall not be released from requirements of a permit until all outstanding obligations have been satisfied, whether or not the term of the permit has expired.

G. All issued permits will become part of the public record.

H. Any permit may be suspended by the society through the state archaeologist at any time if there is evidence that the activity authorized by the permit is being unlawfully or improperly conducted, if any of the criteria for permit denial applies, or if the permit holder does not honor the conditions of the permit.

Permits may be suspended or revoked in accordance with the procedures outlined in the State Administrative Procedures Act, CRS 24-4-104 and 105.
When a permit is revoked, all recovered materials, catalogues, maps, field notes, and other records necessary to identify the same shall be surrendered immediately to the society.

I. Permittees must allow inspection of excavation projects and recovered materials by the state archaeologist or his/her designee.

J. Reports required 1. The permittee shall submit an end-of-year report detailing activities conducted under the permit during the previous calendar year. This end-of-year report is required by December 31, and shall include the following:

a. A bibliography of reports on all projects conducted partially or wholly on state lands, and on projects conducted on private land under state permit. Each bibliographic entry shall indicate the county in which field work took place.

b. A listing of all sites and isolated finds recorded on state lands; a catalog of all materials collected on state lands and the name of the repository in which the materials are curated.

c. A brief summary of work in progress.

The permittee shall submit report(s) detailing the results of investigations on state land, and on private land under state permit.

a. Preliminary report A preliminary or progress report is required by December 31 of the year in which the investigations begin, and annually thereafter for multi-year projects.

b. Final report A final report must be submitted within three years after the conclusion of field work. Final reports should meet the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation (Federal Register 48(190), September 29, 1983).

All reports will be reviewed by the state archaeologist, or his/her staff designee, who will notify the permittee in writing of the acceptance or rejection of the report. End-of-year reports and preliminary reports will be reviewed by January 31; final reports will be reviewed within 90 days of receipt. Rejected reports will be returned to the permittee for correction and resubmission. The society through the state archaeologist will consider reporting requirements not satisfied until all reports are accepted.
Should a permittee challenge the rejection of a report, the society through the state archaeologist shall convene an advisory peer panel to review the report in questions, shall take into account the panel's recommendations, and shall provide the permittee with written results of the peer review. After such review, the society through the state archaeologist has the option of upholding or altering a previous determination, and shall notify the permittee accordingly.
Within 60 days, subsequent to the notice specified above, a permittee may request a hearing before the society or an administrative law judge, as provided in Section 24-4- 105.

K. Permit calendar and duration 1. The usual duration of “Survey only” and “Survey and Test Excavation” permits will be from March 1 through February 28 (29) of the following year; however, applicants may apply for permits at: any time. All such permits will expire on February 28 (29).

Excavation permits may be issued at any time for a period not to exceed 14 months.

All permittees shall submit the required reports on work conducted under permit by December 31. No permittee who has failed to submit a report, or whose report has been rejected, shall receive a new permit until conditions of the prior permit have been met.
On January 31, the society through the state archaeologist shall notify all permittees as to whether reports have been received and, if so, whether they have been accepted.

Permittees whose reports are rejected shall be notified of a deadline for resubmission.

L. The state of Colorado, including its agencies and employees, shall be held harmless for any and all events, deeds or mishaps resulting from the activities of the permittee, regardless of whether or not they arise from operations authorized under the permit.

M. Permit infraction 1. Failure to adhere to any of the terms and conditions specified in Section 7 is cause for revoking the permit at any time.

Permits will be suspended or revoked in accordance with CRS 24-4-104.
No revocation shall be lawful unless the society has given the permittee notice in writing of facts or conduct that may warrant such action, afforded the permittee opportunity to submit written data, views, and arguments with respect to such facts or conduct, and, except in cases of deliberate and willful violation, given the permittee a reasonable opportunity to comply with all lawful requirements.

SECTION 8. Violations A. The society may obtain a temporary restraining order and/or an injunction against an individual, corporation, unincorporated association, partnership, proprietorship, or governmental entity that appears to be committing a misdemeanor on public land, as defined in 24-80-409.

B. In the event that any materials are surrendered or forfeited to the society pursuant to part 409 of the Act, the society shall secure for law enforcement officials all said materials so as to guarantee their condition as of the time of their receipt by the society.

SECTION 9. Curation of collections in approved museums A. The state of Colorado holds title to all historical, prehistorical and archaeological materials collected from areas owned by the state or any of its political subdivisions.

B. While the society is the official trustee of the State of Colorado (CRS 24-80-202), the society wishes to advance a collaborative partnership with county and local museums or curatorial repositories, (a curatorial repository is a permanent, nonprofit educational or research oriented agency or institution, having professionally trained on-site staff, that provides housing and collections care in-perpetuity), to ensure long-term preservation and interpretation of these items.

These institutions help to preserve, interpret and promote the natural and cultural inheritance of humanity in Colorado and work in close collaboration with the communities from which their collections originate as well as those they serve. Such an arrangement with the State is advantageous to everyone in Colorado.

C. All materials, except human remains and associated funerary objects, collected from state lands or political subdivisions must be curated in a museum, unless a reputable museum, university, college or other recognized scientific or educational institution can assure permanent preservation on the site.

Historical, archaeological, prehistorical, and paleontological collections made under permit may include ceramic, lithic, glass, metal, faunal, floral, and synthetic materials, as well as documents, photographs, organic samples (such as coprolites or soil samples), fossils (vertebrates, invertebrates, paleobotanical, ichnofossils, and associated rock or sediment samples), and human remains and associated funerary objects.
Permittees proposing to transport collections out of Colorado must secure a loan agreement between an out-of-state facility and a permanent approved on-site institution, reputable in-state museum, or curatorial repository, subject to the approval of the society, except that ancillary samples may be transported and analyzed without such a loan agreement. Out-of-state analysis of human remains and associated funerary objects is subject to the approval of the society.
Proposed analysis of artifacts or fossils which would cause their destruction or damage, such as trace-element analysis of materials, may be performed only with the written consent of the society through the state archaeologist, who shall consider whether such artifacts are unique or duplicated in state-owned collections. The society will supply notification of consent to the affected museum within thirty days.
State, County and local agencies or research/educational institutions wishing to ensure collections care of artifacts or specimens permanently on-site (or within close proximity to the origin of the excavated materials) must either be approved through a request to serve as an approved museum or curatorial repository as specified in Section 9 (I) of this

chapter or through execution of a special held-in-trust collections agreement with the society.

D. Reburial or repatriation of human remains may supersede their placement in an approved museum.

E. Collections from state or political subdivision lands obtained from an issued permit in accordance with CRS 24-4-104 must be curated in an approved reputable Colorado museum or curatorial repository. The relationship between the society and another reputable Colorado museum or a curatorial repository is an express trust. Title and ownership of these collections is not transferred and the society has the authority to transfer and approve stewardship of the collections through an on-site held-in-trust collections agreement or through the approval of a reputable museum or curatorial repository as outlined in Section 9 (I) of this chapter.

F. Collections recovered from lands owned or controlled by the state or any of its political subdivisions shall be deposited at an approved museum, curatorial repository, an approved onsite agency, or institution within six months after submission of the permittee’s final report.

Collections made from permitted archaeological or paleontological projects occurring over multiple years should not be deposited with different museums or curatorial repositories unless an approved museum, curatorial repository, on-site agency or institution, lacks expertise or environmental conditions necessary to ensure the collection’s long-term preservation.

G. Responsibilities and requirements of approved museums or curatorial repositories Museums and curatorial repositories must be open to the public. They must agree to provide curation of archaeological or paleontological resources in a systematic and accessible manner, and to make them available free of charge for study by qualified students and researchers.

Provide a copy and maintain a current and active fine art or other commercial insurance policy or if the museum or curatorial repository whose collections are primarily owned or overseen by a governmental entity, acknowledge that the state collection and any associated state property are covered for liability from any loss or damage.
If accepting collections from outside researchers, institutions issuing curation or similarly worded “intent-to-curate” agreements to third-party permitted researchers must first have their template agreement language approved by the state archaeologist or his/her staff designee to avoid confusion that the collections have state of Colorado title.
Within ten working days refer to the state archaeologist of Colorado all requests (written and oral) for transfer or repatriation of the state collection (or any part thereof).
Maintain separately all written and digital descriptive information associated with the curated state collection, including field notes, site forms and reports in a safe and secure manner.
Do not release to any third-party any precise information relating to the exact physical location of a prehistoric site (locale) from which the state collection (or any part thereof) derives, except to qualified researchers or after obtaining from the state archaeologist of Colorado prior written permission. If there are questions as to releasing this information, approved museums or curatorial repositories will consult with the state archaeologist of Colorado.
In accordance with these regulations, be open and subject to inspection by the state archaeologist or his/her designee at least once every three years.
Accept state collections from permitted work for their specific regional or local area guided by these current rules and procedures and the approved museum’s or curatorial repository’s collection management policy.
Annually report back to the state archaeologist or his/her designee any changes to the state’s collection condition or insurance policy changes, loan agreement status and any other tracking requirement methods adopted by the society and the office of the state archaeologist.
Properly maintain any State of Colorado property (shelving, cabinetry etc.) in its possession associated with the care of the state collection.
Maintain the collection within inert and acid-free storage or packaging.
With the exception of approved repatriation, not sell, transfer, assign, pledge, encumber, discard, or otherwise dispose of the state collection (or any part thereof) or any associated State of Colorado property in its possession without written and signed permission from the state archaeologist.
Have an established collections management policy and emergency management plan.
Within five calendar days of the discovery of any loss or theft of, deterioration or damage to, destruction of the state collection (or any part thereof), or any State of Colorado items of property used to support and care for a state collection in the museum’s or curatorial repository’s possession, the museum or repository will provide to the society written notification of the circumstances surrounding the loss, theft, deterioration, damage, or destruction, and will report to the state archaeologist or his/her designee those actions taken to stabilize the collection, or State of Colorado items or property, and to correct any deficiencies in the physical plant or operating procedures that may have contributed to the loss, theft, deterioration, damage, or destruction.
Other than routine, small and simple paleontological specimen or artifact mending repairs, any planned actions that involve major repair or restoration beyond basic reattachment of the state collection (or any part thereof) or any other State of Colorado property associated with the state collection must be approved of in advance after consultation with the state archaeologist.
The society (in co-ordination with other reputable museums, nonprofit or governmental educational institutions) reserves the right to take custody of state collections in the care of an approved museum, curatorial repository, on-site agency or institution through a loan agreement for temporary exhibit purposes.

H. Approved Uses 1. Approved museums or curatorial repositories and the society may fully exhibit and charge reasonable nondiscriminatory admission fees, comparable to fees charged at similar facilities to view these items prepared for interpretive display (either for permanent, temporary or travelling exhibition purposes). Additionally, approved museums or curatorial repositories and the society may photograph and nondestructively study the state collection (or any part thereof) on the museum or curatorial repository’s premises, subject to the museum or repository’s own collections management policies and in accordance with these regulations. Physical reproduction of any state collection item(s) must be approved of in advance by the state archaeologist.

State paleontological resources curated at an approved museum or curatorial repository may be cleaned, treated, stabilized and prepared for research, exhibition or loan transportation purposes under standard professional best practices for natural history collections.
A held-in-trust state collection may be loaned out by an approved museum or curatorial repository to other institutions and organizations (including for temporary exhibition or study by the society) by securing a loan agreement between the other facilities provided notice of the arrangement is sent to the state archaeologist for tracking purposes. The director of the approved museum or curatorial repository is responsible for all loan transactions of state collections and for ensuring that appropriate and timely administration of the loans is conducted. Relocation inventories must be conducted and included as part of the written loan agreement. Other loan conditions must be addressed in the Collections Management Policy of the curatorial facility that is loaning the material.

The loan and transportation of the state collection must be insured for liability purposes through securing a commercial fine art or other insurance policy or be adequately covered by governmental self insurance to fulfill any damage or loss incident. Collections that are not inventoried or cataloged shall not be loaned. Commercial use of loaned collections is prohibited without written consent from the society. Ancillary samples may be transported and analyzed without a formal loan agreement; however, the museum or curatorial repository will provide to the society two copies of any publications, reports, and other documents prepared by researchers studying ancillary samples.

All exhibits, reproductions, and studies will credit the state archaeologist of Colorado as follows: “Courtesy of History Colorado, Office of the State Archaeologist.” The museum or curatorial repository will provide to the society two copies of any publications, reports, and other documents prepared by museum or curatorial repository staff studying or exhibiting the state collection (or any part thereof).
Approved museums or curatorial repositories and the society may charge a competitive deposit fee for the collections and reasonable administrative processing fees for “curation” or similarly worded “intent-to-curate” agreements with permittees. Permitted researchers that deliver collections not according to the state archaeologist’s current Submission Guidelines for State-Owned Archaeological Collections and these regulations may be subject to corrective hourly labor rate fees plus the cost of supplies by the state approved museum or curatorial repository.

I. Procedures for approving museums 1. Any institution wishing to serve as a museum for collections from state lands (or any subdivision of state lands) or collected as a result of work carried out under a permit issued under authority of this Act shall apply to the society through the state archaeologist for approval.

The museum or curatorial repository shall fill out a Request to Serve as an Approved Museum or Curatorial Repository for Held-in-Trust Collections form, signed by the director of the institution and must evidence reputable status with any of the following credentials (or their equivalent successor museum program/designations):

a. Received from the American Association for State and Local History (AASLH) silver or gold certificates by participating in the Standards and Excellence Program for History Organizations (StEPs) in the stewardship of collections

section within the last five years.

b. Show evidence of participation in the Museum Assessment Program in the area of collections stewardship from the American Alliance of Museums within the last five years.

c. Received Core Documents Verification from the American Alliance of Museums within the last five years.

d. Received and maintain formal Accreditation status from the American Alliance of Museums.

e. Considered a designated Federal Repository for curating federally-owned and administered archaeological or paleontological collections under the requirements of Federal Regulations 36 CFR 79.

Provide proof to the state archaeologist of a fine art or other appropriate umbrella insurance policy that will adequately cover the care for the state collection from any one claim or aggregate claim arising from a damage or a loss incident. With the insurance policy documents, the society and the approved museum or curatorial repository should be shown as co-beneficiaries (or additionally insured).

a. If the museum or curatorial repository’s collections are primarily owned or overseen by a Colorado governmental entity (considered a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq.), the museum or curatorial repository must indicate to the state archaeologist that they are self insured in lieu of the fine art or other umbrella insurance policy requirement stated above. If self insured, it is understood that the public entity of the approved museum or curatorial repository will ensure liability to the state collections under its care arising from a damage or a loss incident.

b. In the event of a loss incident, a liability assessment of the value of the collection shall be determined by mutual agreement with the society as the sum of the estimated current fair market value and the estimated costs of replacing the scientific and educational information from the lost artifacts or specimen. A determination of these replacement costs may include, but are not limited to: (a) research design development; (b) fieldwork; (c) laboratory analysis; (d) curation;

(e) reports or educational materials; and (f) lost visitor services or experience. In some cases, it may be appropriate for the estimated cost of replacement value to be peer reviewed by archaeologists or paleontologists with appropriate expertise and with no conflicts of interest.

If the museum or the curatorial repository curates collections from permitted researchers outside of their approved institution, provide a template copy of a “curation” or similarly worded “intent-to-curate” agreement for approval by the state archaeologist or his/her designee. The agreement form must clearly acknowledge that title to the artifacts or specimens as well as all associated reports, original field notes, maps, drawings, photographs etc., resulting from the investigations to be curated remains solely with the State of Colorado.
Approval of a museum or a curatorial repository shall be effective for a period of five years, after which time, the curatorial facility may apply for renewal through the procedures in this chapter.
The completed documentation shall be reviewed by the state archaeologist or his/her designee within 30 days of receipt. If clarification or additional information is requested by the society, the facility shall have 30 days to furnish the information required.
The museum or curatorial repository may discontinue accepting new collections from outside researchers by amending their agreement upon renewal to serve as an approved facility. Once approval of a museum or a curatorial repository has been granted however, the express trust arrangement with the State of Colorado continues and is perpetual for any of the existing collections under the institution’s stewardship.
The society has sole discretion to approve or not approve a museum's or curatorial repository’s application.
Approval may be withdrawn by the society through the state archaeologist if deficiencies in collections care and non-compliance to these regulations appear. Approval will be suspended or revoked in accordance with CRS 24-4-104.
Under the authority of CRS 24-80-407, the society may exercise the right to enter into agreement with museums, curatorial repositories, or other public or private entities to fulfill the State’s needs for held-in-trust state collections concordant to these rules and regulations.
For each deposited historical, prehistorical, archaeological or paleontological state collection, the approved museum or curatorial repository will sign and acknowledge an official deposit receipt form with a simple inventory list of items accepted for permanent curation by the facility, a copy of which will be forwarded to the state archaeologist or his/her designee.

J. Continuance of pre-approved museums and repositories 1. Previously approved non-expiring museums and curatorial repositories shall honor existing “intent to curate” or similarly worded executed curation agreements with thirdparty researchers (permittees) up to five years after the effective date of these revised rules unless individual contractual agreements expire within five years. Notice from an approved museum or curatorial repository for continuing the acceptance of collections from previously dated permittee agreements must be given to the state archaeologist of Colorado or his/her designee within 30 days after the expiration date for renewal of approved status. The notice shall be made through the Request to Serve as an Approved Museum or Curatorial Repository for Held-in-Trust Collections form and the museum or repository must list the number and names of all outstanding agreements along with their expiration dates. Extended approval of these previously approved museums or curatorial repositories shall then be made for a period of up to five years based on furthest dated agreement and shall not extend beyond five years following the effective date of these adopted and revised rules.

Museums or curatorial repositories that hold in custody held-in-trust state collections that were collected as a result of CRS 24-04-104 that decide not to become a newly approved museum or curatorial repository under these revised rules should nonetheless attempt to provide the highest possible level of care to the existing state collections currently maintained in their facilities. At a minimum, a level of care that prevents deterioration of, damage to or loss of items in the state collection should be maintained.
Within five years of the effective date of the adoption of these revised rules, previously approved non-renewing museums or curatorial repositories should either submit a plan for the state archaeologist of Colorado’s approval regarding the continued care and management of the state collection or plan for the transfer of the state collections to a museum or curatorial repository approved under the revised 8CCR 1504-7 Section 9 (I) of this chapter.

K. Responsibilities of permittee submitting collection 1. In choosing a museum, permittees should attempt to keep the collection in its area of origin and to keep materials from the same site and the same project together.

Permittees should confer with staff of the selected museum and have a written agreement whose template language was approved by the state archaeologist or his/her designee as specified in Section I (4) of this chapter prior to collecting materials in the field.

Permittees should follow the guidance of museum staff in regard to collecting procedures.

The permittee should adhere to any specific methods of labeling, packaging, and shipment required by the museum and the state archaeologist’s current Submission Guidelines for State-Owned Archaeological Collections. All collections must be placed and delivered within inert and acid-free packaging.

The permittee is responsible for returning to the office of the state archaeologist a fully signed official state deposit receipt form by the approved museum, curatorial repository, on-site agency, or institution and the office of the state archaeologist of Colorado. The form must be accompanied by a simple inventory list of items accepted by the approved facility for permanent curation.

SECTION 10. Obligations of state agencies with respect to state activities.

A. Any archaeological or paleontological survey or excavation performed by a state agency on lands owned by the state of Colorado or its political subdivisions shall be subject to the permit system described in these regulations.

B. Consultation requirements.

Project proponents who anticipate applying for state funding assistance or entitlements of use may request the society's determinations regarding the project's potential effects on archaeological or historic resources in advance of, or simultaneously with, submittal of their applications. The society shall respond to such request within 10 business days.
In the event that any location of proposed state action includes properties listed on or nominated for the State Register of Historic Places, the state agency initiating the action shall request a determination of effect on such properties from the society pursuant to

Section 24-80.1-104 CRS 3. In the event that historical, prehistorical or archaeological resources are discovered in the course of an agency action, the agency and/or project proponent(s) should refrain from knowingly damaging such resources and should notify the society.

a. To knowingly disturb historical, prehistorical or archaeological resources on public land is a misdemeanor; to knowingly disturb human remains on public or private lands is also a misdemeanor.

b. On private lands subject to state actions, the landowner or project proponent(s) should make reasonable efforts to avoid or minimize harm to newly discovered historical, prehistorical or archaeological resources. The landowner or project proponent(s) should notify the funding or permitting agency and the society as soon as possible after such a discovery. The agency, society, and landowner or project proponent(s) shall jointly develop a plan for the evaluation and treatment of the resource.

c. In the event that an adverse effect is anticipated, the agency, landowner, and project proponent(s) may enter into an agreement with the society on how to mitigate the effect.

SECTION 11. Lands not owned by the state of Colorado Upon the request of any municipality, county, or governmental agency, the state archaeologist shall undertake the powers provided for in Sections 24-80-405 to 24-80-407 of the Act, with respect to historical, prehistorical, or archaeological resources on private or public lands, owned by the entity so requesting, within the boundaries of Colorado. Upon the request of any corporation or private individual, the state archaeologist may at his/her discretion undertake these powers with respect to archaeological or paleontological resources on private lands, except that the excavation of unmarked human burials requires a permit on all nonfederal lands in Colorado.

A. Costs and logistics shall be negotiated between the requesting person and the society.

B. When such a request has been made to the state archaeologist, and the society through the state archaeologist has agreed to undertake such powers, these regulations govern the exercise of those powers.

C. At the request of the landowner, such sites may be marked with a sign identifying them as places protected by the Act and which require a permit for investigation, excavation, gathering or removal.

D. The society may enter into agreements pursuant to Section 24-80-407 of the Act.

SECTION 12. Use of federal funds by the office of the state archaeologist The office of the state archaeologist is authorized to accept and, through the department of administration and the society, to use, disburse, and administer federal funds derived from grants or contracts in support of the Act, and in accordance with the specific terms of the grant or contract and applicable federal and state fiscal rules.

SECTION 13. Unmarked human graves A. On all nonfederal lands in Colorado, the discovery of unmarked human graves more than 100 years old shall cause the procedures defined in part 13 of the Act to take effect. Disinterment of human remains from such graves will require an excavation permit as provided for in Sections 4 through 8 of these regulations.

B. Upon notification of suspected human skeletal remains, the coroner, sheriff, police chief and/or land managing agency official shall coordinate their actions and share information.

C. Whenever possible, on-site inquiries under 24-80-1302(2) shall proceed in a manner which does not remove the human skeletal remains from the ground.

D. In the event that the Colorado Bureau of Investigation (C.B.I.) is requested to determine the forensic value of skeletal remains, C.B.I. shall report its findings to the county coroner, who shall notify the state archaeologist if the remains are human but of no forensic value.

E. Any concerned individual may notify the state archaeologist of a discovery, but it is the coroner's responsibility to determine forensic value.

F. Upon notification that human remains are Native American, the state archaeologist or his/her designee should determine the wishes of the landowner and the commission, and document this consultation with an official form to be signed by the concerned parties. The landowner's desires regarding his ability to protect the remains in situ, arrangements for exhumation when appropriate, and ultimate disposition shall be documented.

G. Pursuant to 24-80-1302(4)(e), the physical anthropological study of human remains shall be conducted by a qualified physical anthropologist with credentials comparable to those required for principal investigators, as set forth in Section 5 of these regulations.

H. The provisions of 24-80-1303 allow an anthropologist to expedite his/her work by arranging for the necessary permit in advance. In the case of planned anthropological investigations, a person applying for a permit under provisions of 24-80-1303 must agree to bear the costs of scientific study of human remains as a condition of such permit.

I. The criminal violation specified in 24-80-1303(1) pertains to knowingly disturbing unmarked human burials as defined in 24-80-1301, and not to inadvertent actions affecting human remains.

J. The state archaeologist, in consultation with the Colorado Commission of Indian Affairs, will determine if, when, and how Native American human remains and associated funerary objects collected under state permit are reinterred or repatriated in keeping with CRS 24-80-1302 and 1304 and the federal Native American Graves Protection and Repatriation Act (P.L. 101-601, 104 Stat. 3048). _________________________________________________________________________ Editor’s Notes

History

Section 9 eff. 08/01/2017.

8 CCR 1504-8 State Historical Fund {#sec-8-ccr-1504-8 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-8}

DEPARTMENT OF HIGHER EDUCATION

Historical Society STATE HISTORICAL FUND 8 CCR 1504-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE

The State Historical Fund was established by amendment to Article XVIII, Section 9 of the Constitution of the State of Colorado, effective January 3, 1991. After payment of all ongoing expenses of any state agency administering the provisions of said Section 9, I the Constitution directs the state treasurer to distribute 28% of the remaining balance into the State Historical Fund. Eighty percent of that amount is then directed to be distributed “for the historic preservation and restoration of historical sites and 1 municipalities throughout the state in a manner to be determined by the general assembly”.

The Colorado General Assembly subsequently adopted The Colorado Limited Gaming Act, codified as CRS 12-47.1-1201, which provides that the portion of the State Historical Fund reserved for statewide distribution be administered by the Colorado Historical Society as a grants program for a variety of historic preservation purposes enumerated therein. CRS 12-47.1-1201 (4) was further amended in 1999 to provide that “The society shall promulgate rules for the purpose of administering the state historical fund, which rules may include criteria for consideration in awarding grants from such fund and standards for preservation which are acceptable to the society and which shall be employed by grant recipients.” CRS 12-47.1-1201 was further amended in 2003 to clarify the types of entities eligible to receive grants, to clarify the types of grants that may be made for educational purposes, to permit the Society to make expenditures for reasonable costs incurred by the Society in fulfilling its mission, and to establish a limitation on the proportion of the State Historical Fund which must be reserved for grants for preservation purposes.

The purpose of these rules is to define who may apply for grants from the State Historical Fund, the types of projects that qualify for funding, the basic application procedures, the standards to be applied to funded projects, and the use of the State Historical Fund by the Colorado Historical Society.

Qualifying Applicants 1.1 Pursuant to CRS 12-47.1-1201(2), the society shall make grants primarily to governmental entities and to nonprofit organizations; except that the society may make grants to persons in the private sector so long as the person requesting the grant makes application through a governmental entity. 1.2 When used in these rules, the term “governmental entity” shall have the meaning found in CRS 12-47.1-1201 (2)(b) as follows: the state and any state agency or institution, county, city and county, incorporated city or town, school district, special improvement district,

authority, and every other kind of district, instrumentality, or political subdivision of the state organized pursuant to law. “Governmental entity” shall include any county, city and county, or incorporated city or town, governed by a home rule charter. 1.3 When used in these rules, the term “nonprofit organization” shall mean any organization certified by the Internal Revenue Service as tax-exempt under Internal Revenue Code

Section 501 (c), (d), (e), (f), (k), or Section 521 (a). IRS certification must be obtained prior to going under contract with the Colorado Historical Society. 1.4 When used in these rules, the term “persons in the private sector” shall mean individuals, partnerships, business trusts, estates, associations, trusts, for-profit corporations, or any other entity not defined as a “governmental entity” or as a “nonprofit organization” above. 1.5 In determining whether or not grants shall be awarded to each classification of “persons in the private sector”, the Colorado Historical Society shall consider the competitive nature of the program, the ability of such persons to demonstrate public support for their project or program, and the general public benefit of making grants to such persons. 1.6 Persons in the private sector shall be considered to have made application “through a governmental entity” as used in 1.1 above if they obtain the written support of a governmental entity in the form adopted by the Colorado Historical Society, and submit that form at the time of application.

Qualifying Projects 2.1 All grants awarded from the State Historical Fund shall be made for historic preservation purposes as specifically described in CRS 12-47.1-1201(1)(a) through (d). 2.2 Grant applications to the State Historical Fund for the purpose of excavation, stabilization, preservation, restoration, rehabilitation, reconstruction, or acquisition of historic and archaeological structures, buildings, objects, sites, and districts, may be submitted only after the subject property has been officially designated. Official designation requires that the property be listed in the State or National Registers of Historic Places, or through an official municipal or county landmarking process adopted by ordinance or resolution. 2.3 Exceptions to the provisions of 2.2 above may be permitted only when, at the time of application, the subject property is in imminent danger of being lost, demolished or seriously damaged, and when that property has been nominated to the State or National Registers of Historic Places, found eligible for listing in the State or National Registers of Historic Places, or has been nominated to a register of local landmarks, when such nomination provides at least the same level of protection as nomination to the State Register. 2.4 Grants may be made for the creation and support of loan or subgrant programs for historic preservation purposes as specifically described in CRS 12-47.1-1201(1)(a) through (d).

Any interest or principal payments generated by such programs shall continue to be used for those purposes, including costs for the administration of the program, or shall be returned to the State Historical Fund.

Application Procedures and Selection Criteria 3.1 Applications for grants from the State Historical Fund shall be submitted on the forms adopted by the Colorado Historical Society. Such applications shall contain, at minimum, the name and address of the applicant, the amount requested, a scope of work, a budget, a description of the proposed project, a statement of community support for the project, and a statement of the public benefit that will result from the project. 3.2 The criteria for the selection of grants to be awarded from the State Historical Fund shall include, but not be limited to, the following:

a. The applicant's ability to successfully complete the project;

b. The project's relationship to historic preservation;

c. The significance of the historic or archaeological structure, building, object, site or district;

d. The timing and urgency of the project;

e. The community's support for the project;

f. The ability of the project to leverage funds from other sources; and g. The benefit of the project to the people of the State of Colorado.

Applicable Standards 4.1 Pursuant to CRS 12-47.1-1202, all projects carried out with the assistance of the State Historical Fund involving the preservation, stabilization, restoration, rehabilitation, or reconstruction of designated properties shall conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties, found at 36 CFR Part 68. 4.2 Every reasonable effort should be made for all other projects carried out with the assistance of the State Historical Fund to conform to the Secretary of the Interior's Standards for Archaeology and Historic Preservation, as found in the Federal Register, Vol. 48 No. 190, pages 44716 through 44742 (1983). 4.3 References to the Secretary of the Interior's Standards shall include any amendments made prior to the date of the adoption of these rules. Subsequent amendments shall not be included, unless specifically added by amendment to these rules. 4.4 The state publications depository and distribution center has been provided with a copy of all materials incorporated by reference into these rules, and such materials may be examined at any state publications depository library. Copies of such materials may also be obtained or examined by contacting the Director of the State Historical Fund at 1300 Broadway, Denver, Colorado.
Use of the State Historical Fund by the Colorado Historical Society 5.1 Pursuant to CRS 12-47.1-1201(5)(a)(ll), the majority of the gaming revenues deposited in and available for distribution from the eighty percent portion of the State Historical Fund administered by the Colorado Historical Society shall continue to be used for grants.

Grants from this majority portion shall not be awarded to the Colorado Historical Society for its use. 5.2 Pursuant to CRS 12-47.1-1201(5)(b), the Colorado Historical Society may, subject to annual appropriation, make expenditures for reasonable costs incurred by the society in connection with fulfilling the society's mission as a state educational institution, including capital construction and controlled maintenance expenditures relating to properties owned, managed, or used by the society. The terms “capital construction” and “controlled maintenance” shall have their meanings as found in CRS 24-30-1301. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1504-10 Income Tax Credit for Qualified Costs Incurred in Preservation of Qualified Residential Structures {#sec-8-ccr-1504-10 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-10}

DEPARTMENT OF HIGHER EDUCATION

INCOME TAX CREDIT FOR QUALIFIED COSTS INCURRED IN PRESERVATION OF QUALIFIED

RESIDENTIAL STRUCTURES

8 CCR 1504-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE:

House Bill 14-1311 required the establishment and promulgation of criteria and procedures by which rehabilitation of Qualified Residential Structures qualify for a tax credit. House Bill 18-1190, which amended and reauthorized the tax credit through December 31, 2029, directed the State Historical Society of Colorado to establish and promulgate criteria, as well as to promulgate rules for standards and reporting by Certified Local Governments acting as Reviewing Entities. These Rules apply to the rehabilitation of historic residential structures under CRS § 39-22-514.5; they do not apply to the rehabilitation of historic commercial structures. Projects under CRS § 39-22-514 are governed by separate rules. See 8 CCR 1504-6.

The purpose of these Rules is to provide a uniform process for the State Historic Preservation Officer, State Historical Society of Colorado, and participating Certified Local Governments. This will ensure that taxpayers applying for tax credits for Qualified Residential Structures receive prompt and consistent review of proposed and completed rehabilitation work and that reporting of all tax credit certificates is timely and complete.

IMPLEMENTATION 1.1 These criteria and procedures implement House Bill 14-1311, as amended by House Bill 18- 1190, and should be used and read in conjunction with those laws (codified at CRS § 39-22- 514.5). The full requirements of those laws are not repeated in these Rules. 1.2 The 2018 amendments to the tax credit statute made in House Bill 18-1190 shall apply to residential projects in process or commenced on or after May 30, 2018. 1.3 Owners with projects in a rural community should work with their Reviewing Entity, as projects in qualifying rural communities may be eligible for enhanced tax credits after January 1, 2020.
DEFINITIONS 2.1 “Certified Historic Structure” with regard to a residential structure means a property located in Colorado that has been certified by the Historical Society or other Reviewing Entity because it has been:

(a) Listed individually on, or as a contributing property in a district included within, the national register of historic places;

(b) Listed individually on, or as a contributing property in a district that is included within, the state register of historic properties pursuant to the provisions of § 24-80.1-101 et seq.; or (c) Listed individually by, or as a contributing property within a designated historic district of, a certified local government. 2.2 “Certified Local Government” means any local government that has been certified by the Historical Society in accordance with federal law. 2.3 “Certified Rehabilitation” means repairs or alterations to a Certified Historic Structure that have been certified by the Historical Society or other Reviewing Entity as meeting the standards for rehabilitation of the United States Secretary of the Interior. These Rules provide information about those standards. 2.4 “Contributing Property” means property that adds to the sense of time, place, and historical development of a historic district as determined by the Historical Society or other Reviewing Entity. 2.5 “Designated” means established by local preservation ordinance. 2.6 “Historical Society” means the State Historical Society of Colorado, also known as History Colorado, or any successor entity. 2.7 “Owner” as it applies to a residential structure means any taxpayer filing a state tax return or any entity that is exempt from federal income taxation pursuant to section 501(c) of the internal revenue code, as amended, that owns:

(a) Title to a qualified structure;

(b) Prospective title to a qualified structure in the form of a purchase agreement or an option to purchase;

(c) A leasehold interest in a qualified residential structure for a term of not less than five years. 2.8 “Qualified residential structure” means a non-income producing and owner-occupied residential property located in Colorado that is:

(a) At least fifty years old; and (b) Listed individually on, or as a Contributing Property in a district included within, the state register of historic properties pursuant to CRS § 24-80.1-101 et seq.;

(C) Listed individually by, or as a Contributing Property that is included within a designated historic district of, a Certified Local Government. 2.9 “Rehabilitation Plan” means construction plans and specifications for the proposed rehabilitation of a Qualified Residential Structure that is in sufficient detail to enable the Reviewing Entity to evaluate whether the structure is in compliance with the standards set forth in these Rules. These Rules provide information below about the details that must be included in a Rehabilitation Plan. 2.10 “Reviewing Entity” means:

(a) A Certified Local Government that has decided to perform the duties specified in these Rules; or (b) The Historical Society if the Qualified Residential Structure either is not located within the territorial boundaries of any Certified Local Government or is located within the territorial boundaries of a Certified Local Government that has decided not to perform the duties specified in these Rules.

CERTIFIED LOCAL GOVERNMENTS ACTING AS REVIEWING ENTITIES 3.1 Each Certified Local Government must determine by resolution or ordinance to act as a Reviewing Entity. 3.2 Each Certified Local Government will continue to serve as a Reviewing Entity until:

(a) The determination is rescinded by the Certified Local Government by resolution or ordinance;

(b) The Certified Local Government fails to report credits issued to the Historical Society as required in Section 12 of these Rules and is notified by Historical Society of the termination of its Reviewing Entity status; or (c) The Certified Local Government fails to attend training provided by the Historical Society for Reviewing Entities for more than 24 months and is notified by the Historical Society of the termination of its Reviewing Entity status. 3.3 A Certified Local Government may only review applications for Certified Historic Structures located within its jurisdictional boundaries. 3.4 A Certified Local Government must make publicly available any designated local preservation requirements. If local preservation ordinances or design guidelines apply to a particular project, a Certified Local Government will make compliance with the local preservation ordinances and design guidelines a condition of approval of either an application and Rehabilitation Plan or a request for final approval of qualified rehabilitation expenses. 3.5 The Historical Society may audit the process, procedures, and decisions of any CLG serving as a reviewing entity.

APPLICATION AND REHABILITATION PLAN FOR PRELIMINARY APPROVAL OF

REHABILITATION WORK 4.1 Application for preliminary approval of proposed rehabilitation work shall be made to the Reviewing Entity on a form developed by the Historical Society. The Historical Society’s application form shall be used by all Reviewing Entities, and all Reviewing Entities shall make this form available to the public. The form shall include the applicant(s)’ signed approval to allow the Reviewing Entity reasonable access to the property. 4.2 In addition to the Historical Society application form, an applicant must include a Rehabilitation Plan. The Rehabilitation Plan consists of a written description of work to be completed; construction plans and specifications; photographs of the current condition of the property; and estimated, itemized costs of the proposed rehabilitation work. 4.3 The Rehabilitation Plan must demonstrate work in conformity with the Secretary of the Interior’s Standards for Rehabilitation. These standards are contained in federal regulations issued by the National Park Service, Department of the Interior, 36 Code of Federal Regulations § 68.3(b)

(current through September 27, 2018). The federal regulations are available to the public for inspection or copying at a reasonable charge at the offices of the Historical Society, 1200 Broadway, Denver, CO 80203. The federal regulations also are publicly available at https://www.nps.gov/tps/standards/rehabilitation.htm. These Rules do not include any later amendments or editions of the federal regulations or guidance. 4.4 If an application is made to a Certified Local Government, the applicant must work with the Certified Local Government to ensure that the Rehabilitation Plan addresses any requirements of local ordinances or design guidelines. 4.5 At the time an applicant submits an application and Rehabilitation Plan, the applicant shall pay a non-refundable, reasonable application fee. 4.6 For a tax credit to issue, qualified rehabilitation expenditures must exceed five thousand dollars.

Projects with less than five thousand dollars in qualified rehabilitation expenditures have not engaged in substantial rehabilitation and, therefore, do not qualify for a credit.

APPLICATIONS FOR PRELIMINARY APPROVAL OF PRIOR COMPLETED

REHABILITATION WORK 5.1 Applications may include qualified rehabilitation expenditures incurred within 24 months prior to the submission of an application and Rehabilitation Plan.

(a) Work undertaken within 24 months prior to submission of an application for preliminary approval may be included in the Rehabilitation Plan provided that the requirements of sections 3, 4, and 5 of these Rules are met.

(b) Work undertaken more than 24 months prior to submission of an application for preliminary approval may not be included in the Rehabilitation Plan and those expenditures may not be submitted for credit approval. 5.2 Applications for prior completed rehabilitation work will be approved provided:

(a) The applicant submits to the Reviewing Entity 1) the items required of all applicants outlined in Section 4 of these Rules, including photographs showing the condition of the Qualified Residential Structure prior to commencing any rehabilitation; 2) a written description of the condition of Qualified Residential Structure prior to commencing any rehabilitation with a declaration stating that the information provided is true and correct under penalty of perjury, signed by a person with knowledge of the structure; 3) a written description of the rehabilitation work previously completed; 4) receipts for goods and services demonstrating that qualified rehabilitation expenses for work previously completed were for qualified rehabilitation work and were undertaken within the 24 month period prior to the submission of the application; and 5) the items required of all applicants outlined in Sections 10.2 and 10.3 of these Rules for the work that was previously completed; and (b) The Reviewing Entity finds that the applicant’s documentation for the already completed work demonstrates conformity with Section 8 of these Rules. 5.3 If the application for prior completed work is made to a Certified Local Government, the applicant must work with the Certified Local Government to ensure that the prior completed work complies with the requirements of local ordinances. 5.4 Applicants who complete rehabilitation work prior to the submission of an application and Rehabilitation Plan do so at their own risk as the prior completed work may not conform to the standards outlined in these Rules.

RESPONSE BY REVIEWING ENTITY TO APPLICATIONS FOR PRELIMINARY APPROVAL

AND REHABILITATION PLANS 6.1 Within ninety (90) calendar days of receipt of an application and Rehabilitation Plan, the Reviewing Entity shall notify the applicant in writing of its decision to: grant preliminary approval of the application and Rehabilitation Plan, deny approval, or table the application pending receipt of specified additional materials or information. 6.2 If a Reviewing Entity tables an application, the applicant must supplement with the required information within 90 days or a new application will be required.

FUNCTIONALLY RELATED STRUCTURES 7.1 Determination for treatment of properties as a single certified historic property or multiple certified historic properties shall be based on federal regulations issued by the National Park Service, Department of the Interior, 36 Code of Federal Regulations § 67.4(e) (effective May 26, 2011) and 36 Code of Federal Regulations § 67.6(b)(4-5) (effective June 27, 2011). The National Park Service Historic Preservation Tax Incentives Program has issued additional guidance to interpret these regulations: “Functionally Related Buildings – Additional Guidance for Multiple-Building Projects.” The federal guidance was issued December 2016, revised March 2017. Copies of the federal regulations and the additional guidance are available to the public at the offices of the Historical Society, 1200 Broadway, Denver, CO 80203. The federal regulations are available at https://www.nps.gov/tps/tax-incentives/taxdocs/36cfr67.pdf. The additional guidance from the National Park Service is available at https://www.nps.gov/tps/tax-incentives/taxdocs/functionallyrelated-additional-guidance-rev-3-2017.pdf. These Rules do not include any later amendments or editions of the federal regulations or guidance.
QUALIFIED REHABILITATION EXPENDITURES 8.1 “Qualified rehabilitation expenditures” are defined as exterior improvements and interior improvements undertaken to restore, rehabilitate, or preserve the historic character of a Qualified Residential Structure that meet the Standards for Rehabilitation of the United States Secretary of the Interior. These standards are contained in federal regulations issued by the National Park Service, Department of the Interior, 36 Code of Federal Regulations § 68.3(b) (current through September 27, 2018). The federal regulations are available to the public for inspection or copying at a reasonable charge at the offices of the Historical Society, 1200 Broadway, Denver, CO 80203. The federal regulations also are publicly available at https://www.nps.gov/tps/standards/rehabilitation.htm. These Rules do not include any later amendments or editions of the federal regulations or guidance.

(a) "exterior improvements" is limited to any one or more of the following: roof replacement or repair; exterior siding replacement or repair; masonry repair, re-pointing, or replacement; window repair or replacement; door repair or replacement; woodwork and trim repair or replacement; foundation repair or replacement; and excavation costs associated with foundation work.

(b) "interior improvements" is limited to one or more of the following: electrical repairs and upgrades; plumbing repairs and upgrades; heating, venting, and air conditioning repairs and upgrades; repair of existing interior walls, ceilings, and finishes; repair or replacement of existing woodwork and trim; insulation; refinishing or replacing historic floor materials in-kind, excluding carpeting.

(c) Reconstructing missing elements when there is sufficient historical documentation to guide the reconstruction is an allowable expenditure. 8.2 Improvements undertaken due to normal wear and tear on a property do not qualify, nor does routine or periodic maintenance, such as cleaning, routine painting, minor repairs, general periodic upkeep, redecorating or any purely cosmetic change that is not part of an overall rehabilitation or that does not enhance the property’s historic character. 8.3 Rehabilitation work, on vegetative or hard surface landscaping, is not a qualified cost.

TIME PERIOD TO COMPLETE PRELIMINARILY APPROVED WORK 9.1 Applicants do not have a particular time period in which to complete their work following the preliminary approval of an application and Rehabilitation Plan. However, no tax credit shall be available where work is completed after the expiration of the tax credit program.
REQUESTS FOR FINAL APPROVAL OF COMPLETED REHABILITATION WORK 10.1 Within one hundred twenty (120) days of completion of the rehabilitation work described in the approved application and Rehabilitation Plan, the applicant shall submit a request for final approval of the rehabilitation work to the Reviewing Entity. Rehabilitation work is considered complete on the date the structure is placed in service by a certificate of occupancy, or if no such certificate is required, on the date when the qualifying structure is utilized for its intended use. 10.2 Requests for final approval of completed rehabilitation work shall be made on a form developed by the Historical Society. The Historical Society’s final approval request form shall be used by all Reviewing Entities, and all Reviewing Entities shall make this form available to the public. The form shall include a certification by the applicant that qualified rehabilitation expenditures were incurred in connection with an approved Rehabilitation Plan and the applicant’s signed approval to allow the Reviewing Entity reasonable access to the property. 10.3 With the form, the applicant also shall submit: “after” interior and exterior photographs documenting the completed rehabilitation work; an itemized accounting of all qualified rehabilitation expenditures incurred; and the applicant’s estimate of the tax credit for which the Owner is eligible. For rehabilitations that are not part of a major disaster area or a rural community, the estimate should be twenty percent of qualified expenses up to $50,000. 10.4 Applicants who have projects in a major disaster area or a rural community should work with their Reviewing Entity to determine whether they may qualify for a greater tax credit.
REVIEWING ENTITY’S EVALUATION OF REQUESTS FOR FINAL APPROVAL AND

ISSUANCE OF TAX CREDITS 11.1 Within ninety (90) calendar days of receipt of a complete request for final approval of completed rehabilitation work, the Reviewing Entity shall review and respond to the request for approval.

(a) If the Reviewing Entity determines that the completed rehabilitation expenses are qualified rehabilitation expenditures, the Reviewing Entity will issue a verification form.

This verification form will serve as the tax credit certificate. The verification form shall be developed by the Historical Society and shall be used by all Reviewing Entities. The verification form shall include the total qualified rehabilitation expenses for the project, the project completion date, the Review Entity approval date, the percentage used to calculate the credit, the total amount of the tax credit issued and a tax credit certificate number for the specific project, which will be issued by the Historical Society.

(b) If an approval request lacks the documentation outlined in Section 10 or if the Reviewing Entity determines that additional work must be completed for the project to qualify for a tax credit, the Reviewing Entity may table the approval request and require the applicant to resubmit the request for final approval. The Reviewing Entity will have 90 days to review a resubmitted approval request.

(c) If a Reviewing Entity determines that a completed rehabilitation fails to demonstrate qualified rehabilitation expenditures, no verification form shall be issued, and the Reviewing Entity will inform the applicant in writing. 11.2 The Reviewing Entity will make a final determination on the amount of the tax credit to be issued. 11.3 For a tax credit to issue, a property owner shall not have received a cumulative total of greater than $50,000 in credits for the property for which the credit is claimed within the 10-year period preceding request for final approval. 11.4 Taxpayers should retain the tax credit number specific to their project from the verification form for income tax filing purposes.

REPORTING TAX CREDITS 12.1 All Reviewing Entities shall provide a report to the Historical Society of all tax credit certificates issued by March 1 , June 1 , September 1 st, , and December 1 annually. 12.2 The Historical Society shall provide a report to the Department of Revenue specifying the ownership of tax credits by March 15 , June 15 , September 15 , and December 15 annually.
APPEALS 13.1 Any Owner or any duly authorized representative of an Owner may appeal any final determination made by a Reviewing Entity to the Historical Society including, without limitation, any denials of applications for preliminary or final approval. The Owner or the Owner's representative shall submit an appeal in writing within thirty (30) days after receipt by the Owner or the Owner's representative of the final determination at issue. 13.2 The Historical Society will review an appeal and issue its decision within ninety (90) days of receipt of the appeal. 13.3 An appeal from a decision of the Historical Society shall be reviewed by the Archaeology and Historic Preservation Committee of the Board of the State Historical Society, except for those appeals governed by section 13.4 of these Rules. 13.4 Appeals of decisions that a property is not a Contributing Property: These appeals shall follow the same timelines as other appeals. In the appeal, the applicant must provide additional information to the Reviewing Entity about the significance of the property and request a final review on the

basis of the additional information. If the property at issue has never been specifically designated as a Contributing Property, but is one that falls within a designated local historic district, the appeal will be heard by the Certified Local Government. If the property at issue is one that was specifically designated as a Non-Contributing Property by local ordinance or in a State Register of Historic Properties or National Register of Historic Places nomination, then the applicant may not appeal the decision pursuant to these Rules, but must work with the entity that made the designation to amend the designation following the amendment procedures of the designating entity. _________________________________________________________________________ Editor’s Notes

History New rule eff. 03/17/2019.

Code of Colorado Regulations — Department of Higher Education

1504 Division of Private Occupational Schools

8 CCR 1504-1 Private Occupational Education Act of 1981 {#sec-8-ccr-1504-1 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-1}

1504 State Board for Community Colleges and Occupational Education

8 CCR 1504-2 Rules for the Administration of the Career and Technical Act {#sec-8-ccr-1504-2 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-2}

1504 College Assist

8 CCR 1504-3 Rules for the Administration of the College Access Network {#sec-8-ccr-1504-3 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-3}

1504 Higher Education Commission

8 CCR 1504-4 Colorado Student Exchange Program {#sec-8-ccr-1504-4 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-4}

8 CCR 1504-9 Rules for the Administration of the Colorado Opportunity Scholarship Initiative {#sec-8-ccr-1504-9 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-9}

1504 Historical Society

8 CCR 1504-5 State Register of Historic Places {#sec-8-ccr-1504-5 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-5}

8 CCR 1504-6 Income Tax Credit for Qualified Costs Incurred in Preservation of Historic Properties {#sec-8-ccr-1504-6 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-6}

8 CCR 1504-7 Historical, Prehistorical, and Archaeological Resources {#sec-8-ccr-1504-7 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-7}

8 CCR 1504-8 State Historical Fund {#sec-8-ccr-1504-8 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-8}

8 CCR 1504-10 Income Tax Credit for Qualified Costs Incurred in Preservation of Qualified Residential Structures {#sec-8-ccr-1504-10 omnilex-key=us-co-regs-official--department-8--8 CCR 1504-10}

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