According to C.R.S. 11-49-102(1) (b), the release of escrowed entrance fees for previously unoccupied living units shall occur only after the Commissioner is satisfied that certain conditions exists as identified in C.R.S. 11-49-102(1)(b)(I) -(III). The provider shall file a letter application for such release which shall include adequate documentation to allow a determination that said conditions exist. The release of said escrows may occur only after the Commissioner has authorized such action in writing to the escrow agent.
3 CCR 703-2-4.1