In order to satisfy the new federal requirements noted in section 100.30 above, the modified operators certification program established by the Board's regulations must be in effect by February 5, 2001. In its December 5, 2000 rulemaking, the Board reserved a provision in section 100.22.2(b) for an administration fee. This rule revision establishes the amount of the fee.
The Board has determined that collection of a fee to help cover the costs of administration of the Operators Certification Program by nonprofit, third party contractors is necessary to effectively carry out the program. The Board also concludes that immediate imposition of the fee is necessary in order to assure that the program is fully implemented by the federal deadline. Therefore, the Board finds that the immediate adoption of the administration fee in section 100.22.2(b) with an effective date of January 30, 2001 is imperatively necessary to comply with state law and for 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 1003-2-100.32