5 Colo. Code Regs. § 1003-2-100.31
In addition to its adoption of Regulation No. 100 in accordance with the standard procedures specified in section 24-4-103, C.R.S., which result in an effective date for this regulation on a permanent basis of January 30, 2001, the Board also is adopting the rule on an emergency basis with an effective date of December 5, 2000.
In order to satisfy the new federal requirements noted in section 100.30 above, the modified operators certification program established by these regulations must be in effect by February, 2001. In addition, the new state legislation noted above, which became effective in May, 2000, mandates that the state's operators certification program be implemented in accordance with its provisions. This new regulation needs to be in effect to assure that program implementation is consistent with the new statutory provisions. Because the already-established 2001 certification examination cycle begins in January, 2001, with an application deadline of December 15, 2000, there would be substantial disruption to the certification program, with serious financial implications for operators whose employment depends upon obtaining certification, if this new regulation did not become effective immediately.
Therefore, the Board finds that the immediate adoption of Regulation No. 100 with an effective date of December 5, 2000 is imperatively necessary to comply with state law and for the preservation of public health, safety and welfare, and that compliance with the requirements of section 24-4-103, C.R.S. as to the normal effective date for new regulations would be contrary to the public interest.
5 CCR 1003-2-100.31