§ 24-1-114 — Department of higher education - creation

(1) There is hereby
created a department of higher education, the head of which shall be the executive
director of the Colorado commission on higher education, who shall be appointed by
the governor and whose powers and duties are as specified in this section.

(2) The Colorado commission on higher education and the office of executive
director of the commission, created in article 1 of title 23, are type 1 entities, as
defined in section 24-1-105, and exercise their powers and perform their duties and
functions under the department of higher education.

(2.5) Repealed.

(3) The department of higher education includes the following divisions:

(a) Repealed.

(b) The state historical society, created in part 2 of article 80 of this title 24.
The state historical society is a type 1 entity, as defined in section 24-1-105, and
exercises its powers and performs its duties and functions as a division of the
department of higher education.

(c) The student loan division, created in article 3.1 of title 23. The division and
the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the
department of higher education.

(d) The private occupational school division, created in article 64 of title 23.
The private occupational school board, created by section 23-64-107, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its
duties and functions under the department of higher education. The division, except
for the private occupational school board, and the office of the director of the
division are type 2 entities, as defined in section 24-1-105, and exercise their
powers and perform their duties and functions under the department of higher
education and the executive director of the department.

(4) For the purposes of section 22 of article IV of the state constitution, the
following are allocated to the department of higher education but shall otherwise
continue to be administered as provided by law:

(a) The regents of the university of Colorado, created by section 12 of article
IX of the state constitution, and the university of Colorado, created by section 5 of
article VIII of the state constitution;

(b) The board of governors of the Colorado state university system, created
by part 1 of article 30 of title 23, C.R.S.; Colorado state university, created by article
31 of title 23, C.R.S.; and Colorado state university - Pueblo, created by article 31.5
of title 23, C.R.S.;

(c) (Deleted by amendment, L. 2003, p. 792, � 17, effective July 1, 2003.)

(d) The board of trustees for the university of northern Colorado, created by
section 23-40-104 (1), C.R.S., and the university of northern Colorado at Greeley,
created by article 40 of title 23, C.R.S.;

(e) The board of trustees of the Colorado school of mines, created by article
41 of title 23, C.R.S., and the school of mines at Golden, created by section 5 of
article VIII of the state constitution;

(f) State board for community colleges and occupational education and the
offices of director of occupational education and director of community and
technical colleges, created by article 60 of title 23, C.R.S.;

(g) Repealed.

(h) The board of trustees for Adams state university, created by article 51 of
title 23, C.R.S.;

(i) The board of trustees for Colorado Mesa university, created by article 53
of title 23, C.R.S.;

(j) The board of trustees for Metropolitan state university of Denver, created
by article 54 of title 23, C.R.S.;

(k) The board of trustees for Western Colorado university, created by article
56 of title 23;

(l) The board of trustees for Fort Lewis College, created by article 52 of title
23, C.R.S.

(5) (a) With respect to the divisions of the department specified in subsection
(3) of this section, the executive director shall have the powers, duties, and
functions prescribed in this article for heads of principal departments.

(b) With respect to the Colorado commission on higher education and the
universities, colleges, and boards specified in subsection (4) of this section, the
executive director has only those powers, duties, and functions prescribed in article
1 of title 23; except that the executive director of the Colorado commission on
higher education is authorized to negotiate, implement, and monitor contracts, as
described in sections 23-18-201 (2), 23-18-303.5, and 23-18-304, with universities,
colleges, and boards, in consultation with the Colorado commission on higher
education.

(6) The office of state archaeologist, created in part 4 of article 80 of this
title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers
and performs its duties and functions as a section within the state historical society.

Legislative History

Source: L. 68: p. 77, � 14. C.R.S. 1963: � 3-28-14. L. 72: p. 577, � 6. L. 73: p. 1384, � 2. L. 75: (4)(c)(V) added and (4)(d) amended, p. 214, �� 37, 38, effective July 16. L. 77: (4)(c)(III) amended, p. 281, � 29, effective June 29. L. 79: (3)(c) added, p. 823, � 2, effective July 1. L. 83: (2.5) added, p. 803, � 8, effective June 3; (4)(b) amended and (4)(c)(III) repealed, � 9, p. 2049, effective October 14. L. 85: (3)(c) amended, p. 1361, � 17, effective June 28. L. 88: IP(4)(c) and (4)(c) amended, p. 863, � 23, effective July 1. L. 90: (3)(d) added and (4)(c)(II) amended, pp. 1159, 1156, �� 3, 14, effective July 1. L. 92: (3)(a) amended, p. 561, � 4, effective March 25. L. 93: (4)(g) added, p. 926, � 1, effective May 28. L. 95: (1) amended, p. 1102, � 34, effective May 31. L. 98: (3)(d) amended, p. 50, � 28, effective March 17. L. 99: (2.5) repealed, p. 876, � 2, effective July 1. L. 2000: (4)(g) repealed, p. 1569, � 2, effective July 1. L. 2002: (4)(b) amended, p. 1246, � 17, effective August 7; (4)(b) amended, p. 709, � 10, effective July 1, 2003. L. 2003: (4)(c) amended and (4)(h), (4)(i), (4)(j), and (4)(k) added, p. 792, � 17, effective July 1. L. 2004: (5)(b) amended, p. 718, � 6, effective July 1. L. 2005: (5)(b) amended, p. 767, � 35, effective June 1. L. 2006: (3)(a) amended, p. 1658, � 2, effective July 1. L. 2008: (3)(d) amended, p. 1482, � 26, effective May 28. L. 2010: (4)(b) amended and (4)(l) added, (HB 10-1422), ch. 419, p. 2081, � 58, effective August 11. L. 2011: (4)(i) amended, (SB 11-265), ch. 292, p. 1368, � 25, effective August 10. L. 2012: (4)(h) amended, (HB 12-1080), ch. 189, p. 761, � 24, effective May 19; (4)(j) amended, (SB 12-148), ch. 125, p. 428, � 19, effective July 1; (4)(k) amended, (HB 12-1331), ch. 254, p. 1271, � 19, effective August 1. L. 2013: (4)(b) amended, (HB 13-1300), ch. 316, p. 1680, � 46, effective August 7. L. 2014: (5)(b) amended, (HB 14-1319), ch. 169, p. 614, � 15, effective May 9. L. 2017: (5)(b) amended, (SB 17-297), ch. 210, p. 822, � 21, effective May 18; (3)(d) amended, (HB 17-1239), ch. 261, p. 1207, � 17, effective August 9. L. 2019: (4)(k) amended, (HB 19-1178), ch. 400, p. 3547, � 19, effective July 1. L. 2020: (5)(b) amended, (HB 20-1366), ch. 181, p. 835, � 17, effective July 1, 2021. L. 2022: (2), IP(3), (3)(b), (3)(c), (3)(d), and (6) amended, (SB 22-162), ch. 469, p. 3353, � 10, effective August 10. L. 2025: (5)(b) amended, (SB 25-233), ch. 119, p. 483, � 5, effective April 25.