Section 24-1-121 - Department of labor and employment - creation(1) There is hereby created the department of labor and employment, the head of which shall be the executive director of the department of labor and employment, which office is hereby created. The governor shall appoint said executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have the powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title.(1.5) The department of labor and employment includes, as part of the office of the executive director, the industrial claim appeals office, created in section 8-1-102. The industrial claim appeals office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.(2) The industrial commission of Colorado, created by article 1 of title 8, C.R.S., and its powers, duties, and functions, except those powers, duties, and functions transferred to the state board of pharmacy and the industrial claim appeals office, are transferred by a type 3 transfer to the department of labor and employment, and the industrial commission of Colorado is abolished.(3) The department of labor and employment consists of the following divisions and programs: (a)(I) The division of labor standards and statistics, the head of which is the director of the division of labor standards and statistics, created in section 8-1-103. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.(II) (Deleted by amendment, L. 91, p. 1338, § 55, effective July 1, 1991.)(b) The division of employment and training, the head of which is the director of the division of employment and training, created in section 8-83-102. The division and the division's director 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 labor and employment.(d)(I) The division of workers' compensation, the head of which is the director of the division of workers' compensation, created in section 8-47-101. The division and the division's director 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 labor and employment.(e) The division of oil and public safety, the head of which is the director of the division of oil and public safety, which division and office are created pursuant to section 8-20-101. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.(f) The state work force development council, created in article 46.3 of this title 24. The council is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.(g) The division of unemployment insurance, the head of which is the director of the division of unemployment insurance, created in article 71 of title 8. The division and the division's director 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 labor and employment.(h) The powers, duties, and functions relating to vocational rehabilitation programs, including the business enterprise program, as described in article 84 of title 8.(i) The powers, duties, and functions relating to the oversight of independent living services pursuant to article 85 of title 8.(j) The underground damage prevention safety commission, created in section 9-1.5-104.2. The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.(k) The office of new Americans, or "ONA", created in article 3.7 of title 8, the head of which is the director of the ONA. The ONA and the director 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 labor and employment.(l) The state apprenticeship agency created in section 8-15.7-102. The state apprenticeship agency is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs the duties and functions specified by article 15.7 of title 8 under the department of labor and employment and the executive director of the department.(m) The office of future of work, the head of which is the director of the office of future of work, created in section 8-15.8-103. The office of future of work and the office's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.(4) The division of oil and public safety includes the following:(b) The division of boiler inspection, created in article 4 of title 9. The division of boiler inspection is a type 2 entity, as defined in section 24-1-105. The division exercises its powers and performs its duties and functions under the department of labor and employment and is allocated to the division of oil and public safety as a section thereof.(c) (Deleted by amendment, L. 2001, p. 1113, § 2, effective June 5, 2001.)(5) The petroleum storage tank committee is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs the duties and functions specified by article 20.5 of title 8 under the department of labor and employment and the executive director thereof.(6) The special funds board, created in section 8-44-206, is a type 2 entity, as defined in section 24-1-105.(7) The workers' compensation cost containment board, created in the division of workers' compensation in section 8-14.5-104, is a type 2 entity, as defined in section 24-1-105.Amended by 2023 Ch. 37, § 20, eff. 3/23/2023.Amended by 2022 Ch. 469, § 82, eff. 8/10/2022.Amended by 2021 Ch. 350, § 2, eff. 9/7/2021.Amended by 2021 Ch. 309, § 2, eff. 7/1/2021.Amended by 2018 Ch. 256, § 10, eff. 8/8/2018.Amended by 2016 Ch. 131, § 16, eff. 8/10/2016.Amended by 2016 Ch. 54, § 2, eff. 3/23/2016.L. 68: p. 84, § 21. L. 69: p. 567, § 1. C.R.S. 1963: § 3-28-21. L. 71: p. 104, § 11. L. 73: p. 935, § 25. L. 75: (4)(d) repealed, p. 443, § 6, effective April 15; (4)(e) added, p. 214, § 41, effective July 16. L. 76: (3)(b) amended, p. 352, § 21, effective October 1. L. 77: (3)(b) amended, p. 281, § 30, effective July 1. L. 80: (4)(e) repealed, p. 451, § 6, effective April 13. L. 83: (3)(a) and (3)(b) amended, p. 404, § 3, effective May 25. L. 86: (3)(c) repealed, p. 540, § 54, effective May 3; (1) amended, p. 885, § 8, effective May 23; (1.5) added and (2) R&RE, p. 463, §1, effective July 1. L. 87: (4)(a) repealed, p. 378, § 4, effective May 20. L. 89: (3)(a) amended, p. 379, § 3, effective July 1. L. 90: (3)(a)(II)(A) amended, p. 567, § 44, effective July 1. L. 91: (3) amended, p. 1338, § 55, effective July 1. L. 94: (1) amended, p. 564, § 7, effective April 6. L. 95: (5) added, p. 419, § 7, effective July 1. L. 2001: (3)(e) added and IP(4), (4)(b), and (4)(c) amended, p. 1113, §§ 1, 2, effective June 5. L. 2008: (3)(f) added, p. 1290, § 3, effective July 1. L. 2012: IP(3) and (3)(b) amended and (3)(g) added, (HB 12 -1120), ch. 77, p. 77, § 1, effective June 1. L. 2015: IP(3) amended and (3)(h) added, (SB 15-239), ch. 487, p. 487, § 5, effective 7/1/2016. L. 2016: (3)(i) added, (SB 16 -093), ch. 132, p. 132, § 2, effective March 23; (3)(a)(I) amended, (HB 16 -1323), ch. 380, p. 380, § 16, effective August 10. L. 2018: (3)(j) added, (SB 18-167), ch. 1577, p. 1577, § 10, effective August 8. (1) Subsection (3)(d)(II)(B) provided for the repeal of subsection (3)(d)(II), effective July 1, 1992. (See L. 91, p. 1338.)
(2) Subsection (3)(c) was repealed, effective July 1, 1987, prior to subsection (3) being amended in 1991.
(3) The effective date for amendments to this section by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2021 Ch. 350, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015.