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<br />of right to be admitted as a party, in any court or agency
<br />proceeding subject to the provisions of this article.
<br />(12) "Person" includes an individual, limited liability
<br />company, partnership, corporation, association, county,
<br />and public or private organization of any character other
<br />than an agency.
<br />(13) "Proceeding" means any agency process for any
<br />rule or rule-making, order or adjudication, or license or
<br />licensing.
<br />(14) "Relief' includes the whole or any part of any
<br />agency grant of money, assistance, license, authority,
<br />exemption, exception, privilege, or remedy; recognition
<br />of any claim, right, immunity, privilege, exemption,
<br />exception, or remedy; or any other action upon the
<br />application or petition of, and beneficial to, any person.
<br />(15) "Rule" means the whole or any part of every
<br />agency statement of general applicability and
<br />future effect implementing, interpreting, or
<br />declaring law or policy or setting forth the
<br />procedure or practice requirements of any agency.
<br />"Rule" includes "regulation".
<br />(16) "Rule-making" means agency process for the
<br />formulation, amendment, or repeal of a rule.
<br />(17) "Sanction" includes the whole or any part of any
<br />agency prohibition, requirement, limitation, or other
<br />condition affecting the freedom of any person;
<br />withholding of relief; imposition of any form of penalty
<br />or fine; destruction, taking, seizure, barring access to, or
<br />withholding of property; assessment of damages;
<br />reimbursement; restitution; compensation; costs;
<br />charges or fees; requirement; revocation or suspension
<br />of a license or the prescription or requirement of terms,
<br />conditions, or standards of conduct thereunder; or other
<br />compulsory or restrictive action.
<br />(18) "Small business" means a business with fewer than
<br />five hundred employees.
<br />
<br />24-4-103. Rule-making -procedure -repeal.
<br />(1) When any agency is required or pennitted by law to
<br />make rules, in order to establish procedures and to
<br />accord interested persons an opportunity to participate
<br />therein, the provisions of this section shall be
<br />applicable. Except when notice or hearing is otherwise
<br />required by law, this section does not apply to
<br />interpretative rules or general statements of policy,
<br />which are not meant to be binding as rules, or rules of
<br />agency organization.
<br />(1.5) If an agency reinterprets an existing rule in a
<br />manner that is substantially different than previous
<br />agency interpretations of the rule or if there has been a
<br />change in a statute that affects the interpretation or the
<br />legality of a rule, the office of legislative legal services
<br />shall review the rule in the same manner as rules that
<br />have been newly adopted or amended under paragraph
<br />(d) of subsection (8) of this section upon receiving a
<br />request for such a review of the rule by any member of
<br />the general assembly.
<br />(2) When rule-making is contemplated, public
<br />announcement thereof may be made at such time and in
<br />
<br />such manner as the agency determines, and opportunity
<br />may be afforded interested persons to submit views or
<br />otherwise participate informally in conferences on the
<br />proposals under consideration.
<br />(2.5) (a) At the time of filing a notice of proposed rule-
<br />making with the secretary of state as the secretary may
<br />require, an agency shall submit a draft of the proposed
<br />rule or the proposed amendment to an existing rule to
<br />the office of the executive director in the department of
<br />regulatory agencies. The executive director, or his or her
<br />designee, may determine if the proposed rule or .
<br />amendment may have a negative impact on econonuc
<br />competitiveness or on small business in Colorado. If the
<br />executive director, or his or her designee, determines
<br />that the proposed rule or amendment may have such
<br />negative impact, he or she may direct the submitting
<br />agency to perform a cost-benefit analysis of the rule or
<br />amendment. If the executive director, or his or her
<br />designee, makes such a request, it shall be made at least
<br />twenty days before the date of the hearing on the rule or
<br />amendment. The agency receiving such request shall
<br />complete a cost-benefit analysis at least five days before
<br />the hearing on the rule or amendment, shall make the
<br />analysis available to the public, and shall submit a copy
<br />to the executive director or his or her designee. Failure
<br />to complete a requested cost-benefit analysis pursuant to
<br />this subsection (2.5) shall preclude the adoption of such
<br />rule or amendment. Such cost-benefit analysis shall
<br />include the following:
<br />(I) The reason for the rule or amendment;
<br />(II) The anticipated economic benefits of the rule or
<br />amendment, which shall include economic growth, the
<br />creation of new jobs, and increased economic
<br />competitiveness;
<br />(III) The anticipated costs of the rule or amendment,
<br />which shall include the direct costs to the government to
<br />administer the rule or amendment and the direct and
<br />indirect costs to business and other entities required to
<br />comply with the rule or amendment;
<br />(IV) Any adverse effects on the economy, consumers,
<br />private markets, small businesses, job creation, and
<br />economic competitiveness; and
<br />(V) At least two alternatives to the proposed rule or
<br />amendment that can be identified by the submitting
<br />agency or a member of the public, including the costs
<br />and benefits of pursuing each of the alternatives
<br />identified.
<br />(b) The executive director, or his or her designee, shall
<br />study the cost-benefit analysis and may urge the agency
<br />to revise the rule or amendment to eliminate or reduce
<br />the negative economic impact. The executive director,
<br />or his or her designee, may inform the public about the
<br />negative impact of the proposed rule or the proposed
<br />amendment to an existing rule.
<br />(c) Any proprietary information provided to the
<br />department of revenue by a business or trade association
<br />for the purpose of preparing a cost-benefit analysis shall
<br />be confidential.
<br />(d) If the agency has made a good faith effort to comply
<br />with the requirements of paragraph (a) of this subsection
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