6 Colo. Code Regs. § 1007-3-7.09
Current through Register Vol. 47, No. 20, October 25, 2024
Section 6 CCR 1007-3-7.09 - Final Commission Action and Post-Hearing Procedures(1) In adopting any rule the Commission shall consider all submissions. The rules promulgated shall be based on the record, which shall consist of proposed rules, any alternate proposals, testimony, evidence, exhibits, prehearing submittals, and other matters presented or considered, matters officially noticed, rulings on exceptions, any proposed findings of fact and conclusions of law, and any written comments or briefs filed.(2) Deliberations of the Commission are open to the public, and do not constitute part of the rulemaking record. The rules or regulations will be consistent with the subject matter as set forth in the notice of proposed rulemaking.(3) The Commission may designate a subcommittee of Commissioners to assist with deliberations. If the Commission will deliberate at some time other than immediately after the close of the record for that particular hearing, appropriate notice will be given to the parties and to any other person requesting such notice.(4) If a rule approved by the Commission during a rulemaking hearing differs substantially from the original noticed proposal or any alternate proposals, the Commission may, at the request of any person, or party, or on its own motion, make the proposed final rule available for additional comment prior to taking final action.(5) After consideration of the relevant matter presented, the Commission shall adopt simultaneously with the rules or revision a statement of basis, specific statutory authority, and purpose pursuant to Section 24-4-103(4)(c), C.R.S.(6) The rules, as finally adopted, shall be consistent with the requirements of Section 24-4-103(4)(c), C.R.S.(7) The Commission shall maintain an official formal rulemaking record for each proposed rule for which a notice of proposed formal rulemaking has been published in the Colorado register. The formal rulemaking record shall be in accordance with the requirements of Section 24-4-103 (8.1), C.R.S.(8) Within 180 days after the last public hearing on the proposed rule, the Commission shall adopt a rule pursuant to the rulemaking proceeding or terminate the proceeding by publication of a notice to that effect in the Colorado Register.(9) Except as provided in Section 7.07(5) of this rule, a rule shall become effective 20 days after publication of the rule as finally adopted, as provided in Section 24-4-103(11), C.R.S. or on such later date as is stated in the rule. Once the rule becomes effective, the formal rule-making process shall be deemed to have become a final agency action for judicial review purposes.(10) Pursuant to Section 25-15-305(1)(a), C.R.S., a final rule issued by the Commission is subject to judicial review in accordance with the requirements of Sections 25-15-301et seq.and article 4 of Section 24, C.R.S. except that, any judicial review of a rule shall be filed in the district court for the Second Judicial District pursuant to 25-15-305(1)(b), C.R.S.(11) All rules promulgated by the Commission must be submitted to the Attorney General for review in accordance with Sections 24-4-103(8)(b) and (12), C.R.S.(12) Each rule adopted by the Commission, together with the Attorney General's opinion, shall be filed in accordance with Sections 24-4-103(11)(d) and (12), C.R.S.(13) All rules adopted or amended by the Commission shall be submitted to the office of legislative legal services in accordance with the provisions of Section 24-4-103(8)(d), C.R.S.(14) The Commission shall maintain a copy of the current regulations and make them available in accordance with the provisions of 24-4-103(9), C.R.S.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023