1 Colo. Code Regs. § 212-3-2-2135

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-2-2135 - Licensure Qualifications

Basis and Purpose - 2135

The statutory authority for this rule includes but is not limited to sections 44-50-104(2), 44-50-202(1)(b), 44-50-203(1)(b), 44-50-203(1)(d), 44-50-203(1)(e), 44-50-203(1)(n), 44-50-203(2)(a), and 44-50-203(2)(l), C.R.S. The purpose of this rule is to provide clarity on disqualifying factors that may result in the denial of an Applicant's Natural Medicine Handler or Owner License application.

A. A License provided by this article shall not be issued to or held by:

1. A person until the fee therefore has been paid;

2. An individual whose criminal history, as described in subparagraph B of this Rule, indicates that he, she, or they should not hold a license;

3. An entity other than an individual if the criminal history of any of its Owners, as described in subparagraph B of this Rule, indicates that an Owner should not hold a license;

4. A person under 21 years of age;

5. A person licensed pursuant to the Natural Medicine Code who, during a period of licensure, or who, at the time of application, has failed to:

a. Timely file any tax return with a taxing agency related to a Natural Medicine Business;

b. Timely pay any taxes, interest, or penalties due as determined by final agency action related to a Natural Medicine Business; or

c. Timely cure any tax deficiencies related to a Natural Medicine Business.

6. A person who fails to meet qualifications for licensure that directly and demonstrably relate to the operation of a Natural Medicine Business;

7. A publicly traded company;

8. A person the State Licensing Authority has determined the Applicant willfully disregarded regulatory warnings or actions related to unlawful marketing, manufacturing, or sale of Natural Medicine or has been ordered by a Court to discontinue unlawful marketing, manufacturing, or sale of Natural Medicine;

9. A person against whom there is evidence of commercial sale or advertising the commercial sale of Natural Medicine or Natural Medicine Product; or

10. A person who previously held a license from either the Department of Revenue or the Division of Professions and Occupations that has been denied or revoked in the previous three years.

B.Criminal History. A License may not be issued to or held by an individual who has been convicted of a felony in the preceding 3 years, or is subject to a sentence for a felony conviction, or is subject to a deferred judgment or sentence for a felony conviction, for any of the following charges:

1. A criminal sexual act;

2. Criminal fraud or embezzlement;

3. Aggravated assault;

4. Aggravated abuse, neglect, or endangerment of a child or an at-risk person;

5. Aggravated robbery;

6. Arson;

7. Manslaughter, homicide, or murder;

8. A violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) or Colorado Organized Crime Control Act (COCCA); or

9. A conviction for the unlawful manufacturing with an inherently dangerous substance or commercial sale of any Natural Medicine related conduct after 2023.

1 CCR 212-3-2-2135

47 CR 17, September 10, 2024, effective 10/1/2024