It sounds like your loan would be exempt from UCCC 5-2-210's prohibition on prepayment penalities --- based on an assumption the refinance is a refi of an acquistion loan. In other words, your mortgage loan needs to be exempt from coverage as a "consumer credit transaction" under the UCCC. Most 1st lien residential mortgage transactions (acquisition or refinance of acquisition) are exempt from the PPP prohibition.
http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=The only other restriction I'm aware of is the Colorado Consumer Equity Protection Act --- I assume when you say HOEPA doesn't apply you tested using the state's lower points and fees trigger. I'm not aware of any new legislation that might affect this, but as always, consult your legal when in doubt!
5-2-210. Right to prepay.
Subject to the provisions on rebate upon prepayment contained in section 5-2-211, the consumer may prepay in full, or in part if payment is no less than five dollars, the unpaid balance of a
consumer credit transaction at any time
without penalty. A