HB 22-1098

House Bill 22-1098, which has been signed into law in Colorado, aims to reduce barriers for individuals with criminal records who are seeking licenses or certifications for regulated professions. The bill requires the Department of Regulatory Agencies to review and report on existing regulations that might unfairly prevent such individuals from obtaining professional credentials. It also mandates that regulators provide clear reasons when denying applications based on criminal history and allows applicants to appeal these decisions. This law affects anyone applying for a profession that requires licensing or certification in Colorado, particularly those with a criminal background. The bill's signed status means it is now an active law that regulatory agencies must follow.

Official Summary

The act requires the director of the division of professions and occupations (director) in the department of regulatory agencies to complete, on or before June 1, 2023, an audit of the regulated professions and occupations and the regulation of various professions and occupations by regulators of a specific profession or occupation (regulator) to determine what barriers exist for licensing, certification, and registration of individuals with criminal history records and, on or before July 1, 2023, to report the findings to the general assembly. The act limits the authority of a regulator to deny a license, certification, or registration based on an applicant's criminal history record on by requiring the hearing and mediation process established in current law. A regulator is required to document the grounds for the denial of the license, certification, or registration in writing to the applicant. The act clarifies that a regulator may grant a conditional license, certification, or registration to an applicant with a criminal history record consistent with the process established in current law. The director is required to compile de-identified information regarding the reasons why a license, certification, or registration was denied and make this information available to the public on the division's website. The act requires state and local agencies responsible for issuing occupational or professional credentials (occupational agency), before making a final determination that an applicant's criminal conviction disqualifies the applicant from receiving a license, certification, permit, or registration, to provide a written notice to the applicant specifying the reason for the disqualification and the right of the applicant to submit additional evidence for the occupational agency to consider before making a final determination. A final determination to disqualify an applicant based on a criminal conviction must be issued in writing and include notice of the applicant's right to appeal the determination and the earliest date on which the applicant may reapply. The act appropriates $11,036 from the division of professions and occupations cash fund to the department of regulatory agencies for use by the division of professions and occupations. (Note: This summary applies to this bill as enacted.)

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