November 18, 2017

Archives for June 10, 2011

DORA Division of Real Estate Amends Rule Regarding Mandatory Use of Forms

The Department of Regulatory Agencies’ Division of Real Estate has amended a rule regarding the mandatory use of standard and approved forms. The revised rule, entitled F-7 Commission Approved Forms, eliminates two approved listed forms, amends one form, and adds four new forms to be used in relevant transactions.

The amended rule will be applicable to all real estate brokers.

  • Eliminated Forms
    • Addenda to Contracts: Short Sale Addendum
    • Optional Forms (Not Mandatory): Estoppel Statement
  • Amended Forms
    • Notice Documents: Inspection Notice (now Inspection Objection)
  • New Forms
    • Addenda to Contracts: Short Sale Addendum to Contract to Buy and Sell Real Estate
    • Addenda to Contracts: Short Sale Addendum to Listing Contract
    • Disclosure Documents: Estoppel Statement
    • Closings: Post Closing Occupancy Agreement

The complete text of the amended rule can be found here.

A hearing on the amended rule will be held on Tuesday, August 2, 2011, at the Colorado Division of Real Estate, 1560 Broadway, Suite 1250-C, Denver, Colorado 80202, beginning at 9:00 am.

Any interested person may participate in the rulemaking process by submitting written data, views, and arguments to the Division of Real Estate. Those interested are asked to submit their materials in writing on or before the close of business on July 5, 2011. However, all materials submitted prior to or at the rulemaking hearing or prior to the closure of the rulemaking record will be considered.

Further information about rule and hearing can be found here.

DORA Division of Real Estate Adopts New Cease and Desist Rule

The Department of Regulatory Agencies’ Division of Real Estate has adopted a new permanent rule regarding conservation easements. The purpose of the rule, entitled D-1 Cease and Desist, is to fulfill the legislative directive to promulgate necessary rules concerning the state income tax credit that may be claimed for the donation of a conservation easement.

Specifically, the Division of Real Estate states that the purpose of this new rule is to define discipline authorized in CRS § 12-61-720(11). The definition will allow the Director of the Division the ability to impose discipline for noncompliance on an organization for negotiating or accepting a conservation easement if they are not in compliance with CRS § 38-30.5-104(2) and 12-61-720.

D-1 Cease and Desist

If the Division of Real Estate has reasonable cause to believe any public or private organization is not in compliance with section 38-30.5-104 (2), C.R.S. and section 12-61-720, C.R.S., the Director of the Division of Real Estate may enter a order requiring such organization to cease and desist from attempting to hold a conservation easement for which a state tax credit may be claimed.

This permanent rule will be effective on September 14, 2011.

A hearing on the new rule will be held on Monday, July 18, 2011 at the Colorado Division of Real Estate, 1560 Broadway, Suite 1250 C, Denver, Colorado 80202, beginning at 10 am.

Any interested person may participate in the rulemaking process by submitting written data, views, and arguments to the Division of Real Estate. Those interested are asked to submit their materials in writing no less than ten days prior to the hearing date. However, all materials submitted prior to or at the rulemaking hearing or prior to the closure of the rulemaking record will be considered.

Full text of the proposed changes and the new rule can be found here. Further information about rule and hearing can be found here.

State Board of Education Adopts New Rules to Evaluate Effectiveness of Licensed School Personnel

The Colorado State Board of Education has adopted new rules for administrating a statewide system to evaluate the effectiveness of licensed personnel employed by school districts and boards of cooperative education services. The new rules were designed as a means of improving the quality of education in Colorado.

Through these rules, the personnel effectiveness evaluation system is established to:

  • ensure that all licensed school personnel are evaluated using multiple, fair, transparent, timely, rigorous, and valid methods, fifty percent of which evaluation is determined by the academic growth of their students;
  • ensure that all licensed personnel receive adequate feedback and professional development support to provide them a meaningful opportunity to improve their effectiveness; and
  • ensure that all licensed personnel are provided the means to share effective practices with other educators throughout the state.

The complete text of the new rules can be found here.

A hearing on the new rules will be held on Wednesday, August 3, 2011 at the Colorado Department of Education, 201 E. Colfax Ave., Denver, Colorado 80203, beginning at 1:30 pm.

Further information about rule and hearing can be found here.

Office of Attorney Regulation Warns of Canadian Trust Account Scam

The Colorado Supreme Court Office of Attorney Regulation released the following information today about a trust account scam originating in Canada. The scam targets lawyers with a fake client seeking help to collect on a promissory note:

Important Information Regarding Trust Account Fraud:

The Colorado Supreme Court Office of Attorney Regulation received specific information regarding a trust account scam operating out of Canada.  The fraud involves purported collection on a promissory note and involves both the lender and the debtor.  The “client” is seeking the assistance of the lawyer in collecting on the promissory note.  Shortly after making a demand for payment, the lawyer receives cashier’s checks drawn on an Ohio bank.  The checks total $80,000.  The “client” expects the lawyer to run the checks through the lawyer’s trust account and then forward the funds to the “client.”  The cashier’s checks pass the typical fraud detection safeguards and appear legitimate.  A slight spelling error is the only indication of fraud.  All Colorado lawyers should be wary of any similar scheme.  If you are the recipient of telephone calls or emails seeking legal assistance in matters similar to the above facts, you should take all necessary precautions to verify the negotiability of the checks.  Please contact this office and law enforcement with any information related to this scheme.

Office of Attorney Regulation
Colorado Supreme Court
1560 Broadway, Suite 1800
Denver Colorado 80202
United States
(303) 866-6400

Click here to read the original release from the Office of Attorney Regulation online.

Governor Hickenlooper Signs Sixteen More Bills into Law

This week, Governor John Hickenlooper signed sixteen more bills into law during a statewide tour. The bills comprised the twenty-seventh, twenty-eighth, twenty-ninth, and thirtieth groups of legislation signed by the governor from the 2011 General Assembly.

  • SB 11-208
    • Sponsored by Sens. Schwarz and Hodge and Reps. Sonnenberg and Gerou. Concerning the Consolidation of Wildlife Entities with Parks and Outdoor Recreation Entities under the Department of Natural Resources.
  • SB 11-265
    • Sponsored by Sens. Johnston and S. King and Reps. Duran and Scott. Concerning Changing the Name of Mesa State College to Colorado Mesa University.
  • HB 11-1071
    • Sponsored by Rep. Hamner and Sen. Bacon. Concerning the Voluntary Contribution Designation Benefiting the Roundup River Ranch Fun that Appears on the State Individual Income Tax Return Forms.

 

  • SB 11-227
    • Sponsored by Sen. Hudak and Reps. Vaad and Ryden. Concerning a Repeal of the Exception to the Child Restraint System Law for Children Weighing More than Forty Pounds Who Are Being Transported in a Motor Vehicle with a Rear Seat that Was Not Equipped with Combination Belts.
  • SB 11-260
    • Sponsored by Sen. Morse and Rep. Lee. Concerning Safety Procedures Related to the Towing of Vehicles.
  • HB 11-1032
    • Sponsored by Rep. Lee and Sen. Newell. Concerning Restorative Justice.
  • HB 11-1293
    • Sponsored by Reps. Stephens and Murray and Sens. Jahn and Newell. Concerning the Repeal of HB 10-1192 Regarding the State Sales and Use Tax of Standardized Software on July 1, 2012.
  • HB 11-1301
    • Sponsored by Rep. Waller and Sen. Schwartz. Concerning Statutory Changes to Increase Efficiency in the Operation of Public Institutions of Higher Education.

 

  • SB 11-050
    • Sponsored by Sen. Roberts and Rep. Gerou. Concerning a Requirement that a Condemning Authority Pay Fair Market Value for Land Subject to a Conservation Easement.
  • SB 11-090
    • Sponsored by Sen. Schwartz and Rep. Baumgardner. Concerning the Continuation of the Issuance of Permits for Weather Modification Operations, and Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies.
  • SB 11-177
    • Sponsored by Sen. Nicholson and Rep. Coram. Concerning the Teen Pregnancy and Dropout Prevention Program and Continuing the Program.
  • SB 11-238
    • Sponsored by Sen. Nicholson and Reps. Coram and Wilson. Concerning the Extension of the Annual Transfers of Federal Mineral Lease Revenues to the Wildfire Preparedness Fund.
  • SB 11-267
    • Sponsored by Sen. Schwartz and Reps. Coram and Hamner. Concerning Measures to Promote Forest Health, Creating the Colorado Forest Biomass Use Work Group, Promoting the Creation of Sustainable Market-Based Models for Active Forest Management and Woody Biomass Energy Development.

 

  • SB 11-230
    • Sponsored by Sen. Bacon and Rep. Massey. Concerning the Financing of Public Schools.
  • SB 11-235
    • Sponsored by Sen. Giron and Reps. Pace and Swerdferger. Concerning Methods to Reduce the Air Quality Permit Application Backlog, and Authorizing the Use of Nongovernmental Air Quality Modeling Engineers for Purposes of Permit Application Approvals.
  • HB 11-1277
    • Sponsored by Reps. Massey and Solano and Sen. Bacon. Concerning Statutory Changes Involving K-12 Education.

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

Tenth Circuit: Unpublished Opinions, 6/9/11

On Thursday, June 9, 2011, the Tenth Circuit Court of Appeals issued no published opinions and seven unpublished opinions.

Unpublished

Medicine Blanket v. Brill

United States v. Davis

United States v. Varela-Cias

Grisson, Jr. v. Roberts

Jensen v. America’s Wholesale Lender

United States v. Diaz-Devia

United States v. Hunt

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Colorado Court of Appeals: Announcement Sheet, 6/9/11

On Thursday, the Colorado Court of Appeals issued five published opinions and thirty-five unpublished opinions.

Published

A Good Time Rental, LLC v. First American Title Agency, Inc.

People v. Daly

K9Shrink, LLC v. Ridgewood Meadows Water and Homeowners Ass’n

17 West Mill St., LLC v. Smith

Sifton v. Stewart Title Guaranty Co.

Summaries of published cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Original Published Decision Regarding Interlocutory Appeals Re-Filed to Include Concurrence

The Tenth Circuit Court of Appeals revised its published opinion in In re Motor Fuel Temperature Sales Practices Litigation on Wednesday, June 8, 2011.

The Tenth Circuit revisited the case to correct a clerical error. Originally, the Court entered its decision and judgment in the matter on May 24, 2011. However, due to a clerical error, the opinion was not filed with its intended concurrence. The Clerk has been directed to re-file the opinion, nunc pro tunc to the original filing date, with the concurrence included.

The summary of the May 24 opinion can be found here.

Tenth Circuit: Unpublished Opinions, 6/8/11

On Wednesday, June 8, 2011, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.

Unpublished

United States v. Washington, III

United States v. Flores-Santos

United States v. Sandoval

White, Jr. v. Martin

United States v. Heckard

Chepsiror v. Holder, Jr.

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.