Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of AgricultureDivision 1007 - Plant Industry DivisionRule 6 CCR 1007-3 - RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PESTICIDE APPLICATORS' ACTPart 2 - HAZARDOUS WASTE - PUBLIC INFORMATION
Subpart A - Requests for Information Sec
Section 6 CCR 1007-3-2.112 - Time allowed for issuance of determination

6 Colo. Code Regs. § 1007-3-2.112

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-2.112 - Time allowed for issuance of determination
(a) Except as otherwise provided in this section, the Division shall within 10 working days make a written determination specifying which of the requested records will, and which will not, be released and the reason for any denial of a request and shall set a date and hour at which time the records will be available for inspection. The 10 working day period may be extended up to an additional 10 working days only when absolutely necessary and only for so long as necessary in the following circumstances:
(1) if the Division needs to search for and collect records stored in other locations;
(2) where the requestor has made a request for a voluminous amount of separate documents or information; or
(3) additional tune is needed to consult with another agency or Division which has a significant interest in the requested documents.
(b) The period of 10 working days shall be measured from the date the request is first received and logged in by the Public Records Officer.
(c) There shall be excluded from the period of 10 working days (or any extension thereof) any time which elapses between the date that a requestor is notified by the Division under § 2.109 that his/her request does not reasonably identify the records sought, and the date that the requestor furnishes a reasonable identification.
(d) There shall be excluded from the period of 10 working days (or any extension thereof) any time which elapses between the date that a requestor is notified by the Division that prepayment or assurance of payment of fees is required, and the date that the requestor pays (or makes suitable arrangements to pay) such charges.
(e) There shall be excluded from the period of 10 working days (or any extension thereof) any time required to comply with § 2.202.
(f) Failure of the Division to make a determination pursuant to this section within the time specified in this section shall constitute final agency action which authorizes the requestor to commence an action in an appropriate court to obtain the records.

6 CCR 1007-3-2.112

37 CR 24, December 25, 2014, effective 3/2/2015
38 CR 11, June 10, 2015, effective 6/30/2015
39 CR 05, March 10, 2016, effective 3/30/2016
39 CR 11, June 10, 2016, effective 6/30/2016
40 CR 06, March 25, 2017, effective 4/14/2017
40 CR 11, June 10, 2017, effective 6/30/2017
40 CR 21, November 10, 2017, effective 11/30/2017
41 CR 06, March 25, 2018, effective 4/14/2018
41 CR 11, June 10, 2018, effective 6/30/2018
41 CR 24, December 25, 2018, effective 1/14/2019
42 CR 06, March 25, 2019, effective 4/14/2019
42 CR 06, March 25, 2019, effective 5/30/2019
42 CR 11, June 10, 2019, effective 6/30/2019
43 CR 12, June 25, 2020, effective 7/15/2020
44 CR 06, March 25, 2021, effective 4/14/2021
44 CR 11, June 10, 2021, effective 6/30/2021
44 CR 24, December 25, 2021, effective 1/14/2022
45 CR 11, June 10, 2022, effective 6/30/2022
45 CR 17, September 10, 2022, effective 9/10/2022
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 23, December 10, 2022, effective 1/30/2023