Denver — The Colorado Real Estate Commission completed a contentious rulemaking hearing on Dec. 2, adopting a package of administrative and continuing-education rule changes while rejecting a proposed informed-consent rule and related supervision language that drew broad industry opposition.

The commission voted to adopt a new definition of "client" (rule 1.11), to renumber several administrative definitions, and to update continuing-education rules across chapter 4. Major changes include requiring the annual commission update (ACU) to be completed by July 1 beginning in 2027 and clarifying that "instruction time" includes group discussions, interactive engagement, activities, quizzes/exams, and question-and-answer sessions — but not introductions or breaks. Commissioners amended the language to reflect stakeholder concerns about instructional quality and course-approval safeguards.

Public comment was robust and largely critical of two related proposals: a new Rule 6.27 that would have required written informed consent before a broker could disclose a client's confidential information, and additions to Rule 6.17 that would have imposed disclosures when an employing broker supervises a designated broker representing the opposite side of a transaction. Industry groups, managing brokers and education providers warned that the proposed rules would make ordinary supervision impractical, hinder training and compliance review, and create liability and operational barriers for small brokerages.

Scott Peterson of the Colorado Association of Realtors told the panel the new language "reverses many years of clear established policy" and would create consumer confusion and operational harm. Several managing brokers said they rely on internal information-sharing to supervise associates and that a blanket informed-consent requirement would undercut statutory supervision duties.

After executive-session legal review, the commission rejected the proposed additions to Rule 6.17 (sections d and e) and the proposed Rule 6.27. Commissioners directed staff to consider nonrule guidance or a commission position statement that could provide practical direction without imposing an across-the-board written-consent requirement for internal supervision. Commissioner Erica Doyle said she would prefer a position statement and an approach that protects consumers from third-party disclosures while preserving reasonable internal compliance and supervision processes.

What changed: - Rule 1.11 (new): adopted. - Rules 1.11–1.62: renumbered. - Rule 2.11: amended to conform to 2025 federal service-member portability changes. - Rule 4.2: ACU deadline set to July 1, effective 2027. - Rule 4.4: "instruction time" explicitly includes interactive elements. - Rules 4.5–4.7: instructor credit and course-approval details revised (including caps on instructor CE credit per cycle and recordkeeping expectations). - Proposed Rule 6.27 (informed consent) and proposed 6.17(d)/(e): rejected; staff to consider guidance alternatives.

Stakeholders may still submit materials in writing for the record, and staff were directed to bring proposed forms and position-statement language back to the commission at a future meeting. The public record for the rulemaking remains open through the close of the hearing.