Section 5-16-119 - Collection agency license - requirements - application - fee - expiration - definition(1) As requisites for licensure, an applicant for a collection agency license shall: (a)(I) Be owned by, or employ as collections manager or an executive officer of the agency, at least one individual who has been engaged in a responsible position in an established collection agency for a period of at least two years.(II) Notwithstanding the requirements of subsection (1)(a)(I) of this section, the administrator may substitute other business experience for requirements where the business experience has provided comparable experience in collections.(b)(I) Employ a collections manager who shall be responsible for the actions of the debt collectors in that office.(II) The collections manager may be the same individual specified in subsection (1)(a) of this section if the collections manager also meets the qualifications of subsection (1)(a) of this section.(c) File a bond in the amount and manner specified in section 5-16-124;(d) If a foreign corporation, comply fully with the laws of this state to entitle it to do business within the state.(2) Each applicant for a collection agency license shall submit an application providing all information in the form and manner the administrator shall designate, including, but not limited to:(a) The location, ownership, and, if applicable, the previous history of the business and the name, address, age, and relevant debt-collection experience of each of the principals of the business;(b) A duly verified financial statement for the previous year;(c) If a corporation, the name of the shareholder and the number of shares held by any shareholder owning ten percent or more of the stock; and(d) For the principals and the collections manager of the applicant: (I) The conviction of any felony or the acceptance by a court of competent jurisdiction of a plea of guilty or nolo contendere to any felony;(II) The denial, revocation, or suspension of any license issued to any collection agency that employed or was owned by such persons, in whole or in part, directly or indirectly, and a statement of their position and authority at the collection agency:(A) For any license issued pursuant to this article 16; or(B) For any comparable license issued by any other jurisdiction;(III) The taking of any other disciplinary or adverse action or the existence of any outstanding complaints against any collection agency which employed or was owned in whole or in part, directly or indirectly, by such persons, and a statement of their position and authority at the collection agency:(A) For any license issued pursuant to this article 16; or(B) When the action was taken by any other jurisdiction or the complaint exists in any other jurisdiction, whether or not a license was issued by that jurisdiction;(IV) The suspension or termination of approval of any collections manager under this article 16 or any other disciplinary or adverse action taken against the applicant, principal, or collections manager in any jurisdiction.(3) At the time the application is submitted, the applicant shall pay a nonrefundable investigation fee in an amount to be determined by the administrator.(4) When the administrator approves the application, the applicant shall pay a nonrefundable license fee in an amount to be determined by the administrator.(5) The administrator shall establish procedures for the maintenance of license lists and the establishment of initial and renewal license fees and schedules. The administrator may change the renewal date of any license issued pursuant to this article 16 to the end that approximately the same number of licenses are scheduled for renewal in each month of the year. Where any renewal date is changed, the fee for the license shall be proportionately increased or decreased, as the case may be. Every licensee shall pay the administrator a license fee to be determined and collected pursuant to section 5-16-121 and subsection (4) of this section, and shall obtain a license certificate for the current license period. Notwithstanding any other provision of this section, a licensee, at any time, may voluntarily surrender the license to the administrator to be cancelled, but such surrender shall not affect the licensee's liability for violations of this article 16 that occurred prior to the date of surrender.(6)(a) A collection agency must obtain a license for its principal place of business, but its branch offices, if any, need not obtain separate licenses. A collection agency with branch offices must notify the administrator in writing of the location of each branch office within thirty days after the branch office commences business.(b) Subject to rules adopted by the administrator, nothing in subsection (6)(a) of this section prohibits a licensee from permitting its employees to work from a remote location so long as the licensee:(I) Ensures that no in-person customer interactions are conducted at the remote location and does not designate the remote location to consumers as a business location;(II) Maintains appropriate safeguards for licensee and consumer data, information, and records, including the use of secure virtual private networks, also known as "VPNs", where appropriate;(III) Employs appropriate risk-based monitoring and oversight processes of work performed from a remote location and maintains records of the monitoring and oversight processes;(IV) Ensures consumer information and records are not maintained at a remote location;(V) Ensures consumer and licensee information and records remain accessible and available for regulatory oversight and examination; and(VI) Provides appropriate employee training to ensure employees working from a remote location keep all conversations about and with consumers that are conducted from the remote location confidential, as if conducted from a commercial location, and to ensure that employees working at a remote location work in an environment that is conducive and appropriate to ensuring privacy and confidential conversations.(c) As used in this subsection (6), "remote location" means a private residence of an employee of a licensee or another location selected by the employee and approved by the licensee.Amended by 2023 Ch. 360,§ 9, eff. 8/7/2023.Renumbered from C.R.S. § 12-14-119 and amended by 2017 Ch. 260, §1, eff. 8/9/2017.L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1093, § 1, effective August 9.This section is similar to former § 12-14-119 as it existed prior to 2017.
2023 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).