5 Colo. Code Regs. § 1003-2-100.41
Provisions of section 25-9-108, C.R.S., provide the specific statutory authority for the adoption of these amendments to the established regulatory provisions of Regulation 100 (5 CCR 1003-2). The Board also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The Board also adopted a new training unit course approval fee of $50.00, to cover the cost of the contractors' review of training courses submitted through the new online review and approval system. The Board determined that it is appropriate for the costs of the training unit approval process to be covered by training providers. Establishing a reasonable fee for this service should also have the added benefit of discouraging submittal of training course approval applications for courses of marginal relevance or benefit to certified operators.
In order to address certain special circumstances, the Board has created three exceptions to the $50.00 training unit approval fee. First, the Board intends that appropriate courses from accredited educational institutions in the United States, and equivalent institutions outside the United States, can be used for training unit credit for certification renewal without approval of the specific courses by the Board or its designee. However, some educational institutions may wish to have their courses listed with other approved training unit opportunities, which generally are posted on the web site of the Board and/or its designee. If an educational institution wishes to have its courses posted along with other approved training units, its courses will be subject to the usual $50.00 fee and will be reviewed by the normal training unit review process.
The Board recognizes that in some instances an individual may take a course that provides relevant and appropriate operator training, but which has not been submitted by the course sponsor for training unit approval. For example, this could occur if an operator attends training at an out-of-state national conference that has not submitted its courses for approval in Colorado. To reduce the hardship on individuals seeking approval of such courses, the Board established a reduced fee of $25.00 for applications for approval of a course submitted for review by an individual attending the course. To assure that this option is not used by course sponsors as an opportunity to avoid payment of the usual $50.00 fee, the Board provided that any course submitted for approval by an individual attending a course will be approved only for that individual.
Finally, to account for other special circumstances that may arise, the Board established an opportunity for case-by-case waiver of the $50.00 fee. The Board intends that its contractors may use this provision to avoid financial hardships and the potential unintended consequence of reducing training opportunities for Colorado operators. The Board assumes that this provision will apply infrequently.
The Board provided that the new training unit approval fee will apply to all courses approved for offering in 2005 and later. The Board understands that while some courses have already been submitted and reviewed for offering in 2005, course sponsors submitting such courses have been notified that final approval of such courses will not occur until finalization of this new fee. The Board determined that it is appropriate for all courses to be offered for calendar year 2005 and later to be subject to the same fee provisions, in order to provide for even-handed treatment. Therefore, the Board adopted the new training unit approval fee provisions on both an emergency and permanent basis.
EMERGENCY FINDINGS
On an emergency basis, the training unit course approval fee shall become effective November 30, 2004, and shall remain effective on an emergency basis until it becomes permanently effective on January 30, 2005 pursuant to section 24-4-103(5), C.R.S.. The Board further determined that this result is appropriate and should not result in hardship to course sponsors. This rulemaking was initiated in October 2004 after complying with the usual notice requirements. Possible approaches to the training unit approval fee were discussed at the October 2004 hearing and interested parties had an opportunity to discuss and comment on the proposal. In addition, December 30, 2004 would have been the normal effective date had final action been taken at the October 2004 hearing at the same time as the remainder of the proposed rule. Course sponsors have been aware of the intent to establish a new training unit approval fee for 2005 courses and relying on the usual effective date would now result in unequal treatment in favor of course sponsors that submitted applications for approval of 2005 courses prior to the effective date. Therefore, the Board finds that immediate adoption of these revisions to Regulation No. 100 is imperatively necessary to preserve public welfare and that compliance with the requirements of section 24-4-103(5), C.R.S. would be contrary to the public interest.
5 CCR 1003-2-100.41