DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
REAL ESTATE BROKERS
EMERGENCY RULE
4CCR 725-1

EMERGENCY RULE

A-15 CRIMINAL HISTORY CHECK REQUIRED PRIOR TO RENEWAL

Section 1.	Authority
Section 2.	Scope and Purpose
Section 3.	Applicability
Section 4. 	A-15 Criminal History Check Required Prior to Renewal
Section 5.	Effective Date

Section 1.	Authority

The statutory basis for the adoption of this rule regarding real estate brokers is Part 1 of Title 12, Article 61 C.R.S.  The specific rulemaking provisions contained therein are sections 12-61-114(4) and 12-61-114.5, C.R.S.

Section 2.	Scope and Purpose

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

Pursuant to 12-61-114(4) and 12-61-114.5, C.R.S., the Commission has determined that it is imperative that brokers renewing a real estate broker’s license submit a set of fingerprints to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check, if they have not previously done so.  The Colorado Real Estate Commission may require a name-based criminal history record check for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.  This rule is to ensure that all licensees have complied with the fingerprint-based criminal background checks necessary for licensure.

The purpose of this rule is to ensure compliance with Part 1 of Title 12, Article 61 C.R.S.

Section 3.	Applicability

This rule applies to real estate brokers licensed by the Colorado Real Estate Commission.

Section 4.	A-15 Criminal History Check Required Prior to Renewal

Any broker who has not submitted fingerprints to the Colorado Bureau of Investigation to be used to complete a one-time only criminal history record check must do so prior to renewal of an active license.  Renewed licenses will remain on inactive status until the Commission has received the results of a criminal record check. Fingerprints may be submitted for processing prior to renewal either electronically or on Card No. FD-258 in a manner acceptable to the Colorado Bureau of Investigation.  The Commission may acquire a name-based criminal history record check for a renewing licensee who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.  

Section 5.	Effective Date

This emergency rule shall be effective August 3, 2010.