6 Colo. Code Regs. § 1014-8 Regulation III

Current through Register Vol. 47, No. 11, June 10, 2024

Regulation Regulation III - Rulemaking Hearings

Section 3.01 General Provisions

3.01.1 The z zfj1 rulemaking hearing ordinarily is conducted under Robert's Rules of Order -Revised, but the Board may from time to time act on a more informal basis, but in no event shall the hearing fail to comply with C.R.S. § 24-4-103 Nothing in these rules shall be construed to limit the ability of Board members to ask appropriate questions of any participant in a rulemaking hearing.

3.01.2

(1) The Board shall conduct a public rulemaking hearing before promulgating any rule. The Board shall afford any interested persons, members of the general public and department staff an opportunity to submit written data, views, or arguments. The Hearing Chair may set appropriate limitations on the length, format, time frame for submission and general scope of any written data, views, or arguments in the notice of proposed rulemaking or by a subsequent order of the Board.

(2) The Board may allow interested persons, members of the general public and department staff to present data, views or arguments orally at the rulemaking hearing if the Board determines, in its discretion, that such oral testimony will be helpful. Oral testimony at the rulemaking hearing may be limited. The Hearing Chair may impose reasonable restrictions on the oral testimony at the rulemaking hearing, including but not limited to, restricting the amount of time, and prohibiting duplicative or repetitive testimony.

3.01.3 Board members, department staff, interested parties, and the general public may not address the Board until recognized by the Hearing Chair.

Section 3.02 Submission of Written Comments

3.02.1 The Board may require that written data, views and arguments be submitted in advance of the rulemaking hearing as stated in the notice of proposed rulemaking or by a subsequent order of the Board. Written data, views, comments and arguments shall be submitted no later than five (5) calendar days prior to the rulemaking hearing unless extenuating circumstances exist.

3.02.2 The Board may limit or prohibit the introduction of new substantive written information concerning a proposed rule at the rulemaking hearing.

3.02.3 The Board may set appropriate limitations on the length, format, time frame for submission and general scope of any written data, views, or arguments. The Board may specify the limitations in the notice of proposed rulemaking or by a subsequent order of the Board.

3.02.4 Interested persons and the department are encouraged to develop consensus positions which emanate from discussions prior to the rulemaking hearing. The Board, interested persons and the department must have a reasonable opportunity, in light of the circumstances, to evaluate any alternative proposals.

3.02.5 The Hearing Chair may limit or prohibit the introduction of new substantive written or oral information concerning a proposed rule or alternative proposal at the rulemaking hearing. When determining whether to consider new written substantive information the Board may consider:

a. whether the submitter has been given an opportunity to be involved in the stakeholder process and with the development of the rule being proposed and/or discussions concerning the rule proposal;

b. the timing of the new information or alternative proposal and the hearing;

c. the complexity of the issues being presented;

d. the degree to which the proponent of the rule and the interested persons involved in the rulemaking hearing are or expect to be in agreement on the substantive issues; and

e. whether any statutory or programmatic requirements exist regarding the need for Board action.

Section 3.03 Oral Comments at Rulemaking Hearing

3.03.1 The Board encourages the general public to participate in rulemaking hearings by commenting on proposed rules or alternate proposals. The Board will generally afford any interested person an opportunity to submit data, views, and arguments orally at the hearing, but, where appropriate, may require that such data, views, and arguments be submitted in writing in advance of the rulemaking hearing as reflected in the notice of proposed rulemaking or by order of the Board.

3.03.2 The Board will generally set aside a portion of the rulemaking hearing to hear comments and testimony from the general public. The Hearing Chair always has the right to limit or prohibit the oral testimony of the general public or interested persons at the rulemaking hearing. Organized groups of individuals are urged to identify one spokesperson. Speakers should be as concise as possible, and avoid repeating comments previously made by others.

3.03.3 The Board and/or Hearing Chair may limit or prohibit the introduction of new substantive oral information concerning a proposed rule or alternative proposal at the rulemaking hearing. When determining whether to consider new substantive oral information the Board may consider:

a. whether the commenter has been given an opportunity to be involved with the development of the original rule proposal and/or discussions concerning the rule proposal;

b. the timing of the new information or alternative proposal and the hearing;

c. the complexity of the issues being presented;

d. the degree to which the proponent of the rule and the interested persons involved in the rulemaking hearing are or expect to be in agreement on the substantive issues; and

e. whether any statutory or programmatic requirements exist regarding the need for Board action.

6 CCR 1014-8 Regulation III