C.R.S. Section 12-20-402
Immunity

(1)

The director, any member of a board or commission, any member of a regulator’s staff, any person acting as a witness or consultant to a regulator, any witness testifying in a proceeding authorized by a part or article of this title 12 governing a particular profession or occupation, and any person who lodges a complaint pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from liability in any civil action brought against the individual for acts occurring while acting in the individual’s capacity as director, board or commission member, staff, consultant, or witness, respectively, if the individual:

(a)

Was acting in good faith within the scope of the individual’s respective capacity;

(b)

Made a reasonable effort to obtain the facts of the matter as to which the individual acted; and

(c)

Acted in the reasonable belief that the action taken by the individual was warranted by the facts.

(2)

Any person participating in good faith in lodging or making a complaint or report or participating in any investigative or administrative proceeding pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from any civil or criminal liability that may result from that participation; except that a person participating as described in this subsection (2) under article 135 of this title 12 concerning mortuaries and crematories is immune from only civil liability.

(3)

Intentionally left blank —Ed.

(a)

The immunity granted by subsection (1) of this section to a witness testifying in a proceeding does not apply to proceedings under article 310 of this title 12 concerning surgical assistants and surgical technologists.

(b)

The immunity granted by subsection (1) of this section to a person who lodges a complaint does not apply to proceedings under:

(I)

Article 130 of this title 12 concerning landscape architects; or

(II)

Article 230 of this title 12 concerning hearing aid providers.

(4)

This section does not apply to articles 140 and 150 of this title 12 concerning nontransplant tissue banks and passenger tramways, respectively.

Source: Section 12-20-402 — Immunity, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑20‑101
Scope 12‑20‑102
Definitions 12‑20‑103
Division of professions and occupations - creation - duties of division and department head - office space - per diem for board or commission members - review of functions - repeal 12‑20‑104
Excise tax on renewal fees - report to joint budget committee - definition 12‑20‑105
Fee adjustments - division of professions and occupations cash fund created - legal defense account created - general fund transfer - definition - repeal 12‑20‑201
Payment of fees - condition of licensure, certification, or registration 12‑20‑202
Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - temporary authority for military spouses - exceptions for military personnel - rules - consideration of criminal convictions or driver’s history - executive director authority - definitions 12‑20‑203
Inactive license or certification - rights and responsibilities 12‑20‑204
Regulator’s rule-making authority 12‑20‑205
Director - audit of practice acts - barriers to practice - criminal history records - report - denial of license, certification, registration 12‑20‑301
Definitions 12‑20‑302
Active military personnel - exemptions from licensing requirements 12‑20‑303
Continuing education - regulated service members - rules 12‑20‑305
Rules 12‑20‑401
Procedures for complaints concerning licensees, certificate holders, and registrants - executive director authority - rules 12‑20‑402
Immunity 12‑20‑403
Disciplinary procedures - investigations - hearings - oaths - witness statements - subpoenas - appointment of administrative law judge - driver’s history - acting as an official 12‑20‑404
Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions 12‑20‑405
Cease-and-desist orders 12‑20‑406
Injunctive relief 12‑20‑407
Unauthorized practice of profession or occupation - penalties - exclusions 12‑20‑408
Judicial review
Green check means up to date. Up to date

Current through Fall 2024

§ 12-20-402’s source at colorado​.gov