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<br />Rule-making & Licensing Procedures by State
<br />Agencies
<br />
<br />24-4-101. Short title.
<br />24-4-101.5. Legislative declaration.
<br />24-4-102. Definitions.
<br />24-4-103. Rule-making - procedure.
<br />24-4-103.5. Rule-making affecting small business
<br />- procedure. (Repealed)
<br />24-4-104. Licenses - issuance, suspension or
<br />revocation, renewal.
<br />24-4-105. Hearings and determinations.
<br />24-4-106. Judicial review.
<br />24-4-107. Application of article.
<br />24-4-108. Legislative consideration of rules.
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<br />24-4-101. Short title. This article shall be known and
<br />may be cited as the" State Administrative Procedure
<br />Act".
<br />
<br />24-4-101.5. Legislative declaration. The general
<br />assembly finds that an agency should not regulate or
<br />restrict the freedom of any person to conduct his or her
<br />affairs, use his or her property, or deal with others on
<br />mutually agreeable terms unless it fmds, after a full
<br />consideration of the effects of the agency action, that the
<br />action would benefit the public interest and encourage
<br />the benefits of a free enterprise system for the citizens
<br />of this state. The general assembly also finds that many
<br />government programs may be adopted without stating
<br />the direct and indirect costs to consumers and
<br />businesses and without consideration of such costs in
<br />relation to the benefits to be derived from the programs.
<br />The general assembly further recognizes that agency
<br />action taken without evaluation of its economic impact
<br />may have unintended effects, which may include
<br />barriers to competition, reduced economic efficiency,
<br />reduced consumer choice, increased producer and
<br />consumer costs, and restrictions on employment. The
<br />general assembly further finds that agency rules can
<br />negatively impact the state's business climate by
<br />impeding the ability of local businesses to compete with
<br />out-of-state businesses, by discouraging new or existing
<br />businesses from moving to this state, and by hindering
<br />economic competitiveness and job creation.
<br />Accordingly, it is the continuing responsibility of
<br />agencies to analyze the economic impact of agency
<br />actions and reevaluate the economic impact of
<br />continuing agency actions to determine whether the
<br />actions promote the public interest.
<br />
<br />24-4-102. Definitions.As used in this article, unless the
<br />context otherwise requires:
<br />(I) "Action" includes the whole or any part of any
<br />agency rule, order, interlocutory order, license, sanction,
<br />relief, or the equivalent or denial thereof, or failure to
<br />act. Any agency rule, order, license, sanction, relief, or
<br />the equivalent or denial thereof which constitutes final
<br />agency action shall include a list of all parties to the
<br />
<br />agency proceeding and shall specify the date on which
<br />the action becomes effective.
<br />(2) "Adjudication" means the procedure used by an
<br />agency for the formulation, amendment, or repeal of an
<br />order and includes licensing.
<br />(3) "Agency" means any board, bureau, commission,
<br />department, institution, division, section, or officer of
<br />the state, except those in the legislative branch or
<br />judicial branch and except:
<br />(a) State educational institutions administered pursuant
<br />to title 23 (except articles 8 and 9, parts 2 and 3 of
<br />article 21, and parts 2 to 4 of article 30), C.R.S.;
<br />(b) The Colorado law enforcement training academy
<br />created in part 3 of article 33.5 of this title; and
<br />(c) The adjutant general of the national guard, whose
<br />powers and duties are set forth in section 28-3-106,
<br />C.R.S.
<br />(3.5) "Aggrieved", for the purpose of judicial review of
<br />rule-making, means having suffered actual loss or injury
<br />or being exposed to potential loss or injury to legitimate
<br />interests including, but not limited to, business,
<br />economic, aesthetic, governmental, recreational, or
<br />conservational interests.
<br />(4) "Counsel" means an attorney admitted to practice
<br />before the supreme court of this state.
<br />(5) "Decision" means the determinative action in
<br />adjudication and includes order, opinion, sanction, and
<br />relief.
<br />(5.5) "Economic competitiveness" means the ability of
<br />the state of Colorado to attract new business and the
<br />ability of the businesses currently operating in Colorado
<br />to create new jobs and raise productivity.
<br />(6) "Initial decision" means a decision made by a
<br />hearing officer or administrative law judge which will
<br />become the action of the agency unless reviewed by the
<br />agency.
<br />(6.2) "Interested person" includes any person who .may
<br />be aggrieved by agency action.
<br />(6.5) "Legislative committees ofreference" means the
<br />committees established by the rules of the house of
<br />representatives and rules of the senate of the general
<br />assembly having jurisdiction over subject matter
<br />regulated by state agencies.
<br />(7) "License" includes the whole or any part of any
<br />agency permit, certificate, registration, charter,
<br />membership, or statutory exemption.
<br />(8) "Licensing" includes the procedure used by an
<br />agency respecting the grant, renewal, denial, revocation,
<br />suspension, annulment, limitation, or modification of a
<br />license.
<br />(9) "Opinion" means the statement of reasons, findings
<br />of fact, and conclusions of law in explanation or support
<br />of an order.
<br />(10) "Order" means the whole or any part of the final
<br />disposition (whether affirmative, negative, injunctive, or
<br />declaratory in form) by any agency in any matter other
<br />than rule-making.
<br />(11) "Party" includes any person or agency named or
<br />admitted as a party, or properly seeking and entitled as
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