§ 24-50-138 — Effect of transfer of powers, duties, and functions

Colorado § 24-50-138

• Jurisdiction: Colorado
• Title 24: Government
• Art.: State Personnel System -

Text

(1) The
department of personnel to which powers, duties, and functions of the civil service
commission are transferred shall be the successor in every way with respect to
such powers, duties, and functions, subject to the provisions of the state
constitution. Every act performed in the exercise of such powers, duties, and
functions by the department of personnel shall be deemed to have the same force
and effect as if performed by the civil service commission prior to July 1, 1971.
Whenever the civil service commission is referred to or designated by any law,
contract, insurance policy, bond, or other document, such reference or designation
shall be deemed to apply to the state personnel board or the state personnel
director, as the case may be, in which the powers, duties, and functions of the civil
service commission are vested.

(2) No suit, action, or other proceeding, judicial or administrative, lawfully
commenced by or against the civil service commission or by or against any officer
or member of the civil service commission in his official capacity or in relation to the
discharge of his official duties shall abate by this part 1. The court may allow the
suit, action, or other proceeding to be maintained by or against the state personnel
board or the state personnel director, as the case may be, or any officer affected.

(3) No criminal action commenced or which could have been commenced by
the state shall abate by the taking effect of this part 1.

Legislative History

Source: L. 72: R&RE, p. 178, � 1. C.R.S. 1963: � 26-1-38.