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<br />(2.5), the rule or amendment shall not be invalidated on
<br />the ground that the contents of the cost-benefit analysis
<br />are insufficient or inaccurate.
<br />(e) This subsection (2.5) shall not apply to orders,
<br />licenses, permits, adjudication, or rules affecting the
<br />direct reimbursement of vendors or providers with state
<br />funds.
<br />(f) (I) This subsection (2.5) is repealed, effective July 1,
<br />2006.
<br />(II) Prior to such repeal, the provisions regarding the
<br />preparation of a cost-benefit analysis pursuant to this
<br />subsection (2.5) shall be reviewed as provided for in
<br />section 24-34-104, CR.S.
<br />(3) (a) Notice of proposed rule-making shall be
<br />published as provided in subsection (11) of this section
<br />and shall state the time, place, and nature of public rule-
<br />making proceedings that shall not be held less than
<br />twenty days after such publication, the authority under
<br />which the rule is proposed, and either the terms or the
<br />substance of the proposed rule or a description of the
<br />subjects and issues involved. If any material is to be
<br />incorporated by reference in a proposed rule pursuant to
<br />subsection (12.5) of this section, the agency shall
<br />identify the material in the notice by the name of the
<br />appropriate agency, organization, or association and by
<br />the date, title, or citation of the material.
<br />(b) Each rule-making agency shall maintain a list of all
<br />persons who request notification of proposed rule-
<br />making, including temporary or emergency rule-
<br />making. Any person on such list who requests a copy of
<br />the proposed rules shall submit to the agency a fee that
<br />shall be set by such agency based upon the agency's
<br />actual cost of copying and mailing the proposed rules to
<br />such person. All fees collected by the agency are hereby
<br />appropriated to the agency solely for the purpose of
<br />defraying such cost. On or before the date of the
<br />publication of notice of proposed rule-making in the
<br />Colorado register, the agency shall mail the notice of
<br />proposed rule-making to all persons on such list. If a
<br />person requests to be notified by electronic mail, notice
<br />is sufficient by such means if a copy of the proposed
<br />rules is attached or included in the electronic mail or if
<br />the electronic mail provides the location where the
<br />proposed rules may be viewed on the internet. No fees
<br />shall be charged for notification by electronic mail. A
<br />person may only request notification on his or her own
<br />behalf, and a request for notification by one person on
<br />behalf of another person need not be honored.
<br />(4) (a) At the place and time stated in the notice, the
<br />agency shall hold a public hearing at which it shall
<br />afford interested persons an opportunity to submit
<br />written data, views, or arguments and to present the
<br />same orally unless the agency deems it unnecessary.
<br />The agency shall consider all such submissions. Any
<br />proposed rule or revised proposed rule by an agency
<br />which is to be considered at the public hearing, together
<br />with a proposed statement of basis, specific statutory
<br />authority, purpose, and the regulatory analysis required
<br />in subsection (4.5) of this section, shall be made
<br />available to any person at least five days prior to said
<br />
<br />hearing. The rules promulgated by the agency shall be
<br />based on the record, which shall consist of proposed
<br />rules, evidence, exhibits, and other matters presented or
<br />considered, matters officially noticed, rulings on
<br />exceptions, any findings of fact and conclusions oflaw
<br />proposed by any party, and any written comments or
<br />briefs filed.
<br />(a.5) Subject to the provisions of section 24- 72-204 (3)
<br />(a) (IV), any study or other documentation utilized by
<br />an agency as the basis of a proposed rule shall be a
<br />public document in accordance with the provisions of
<br />part 2 of article 72 of this title and shall be open for
<br />public inspection. Subject to the provisions of section
<br />24-72-204 (3) (a) (IV), all information, including, but
<br />not limited to, the conclusions and underlying research
<br />data from any studies, reports, published papers, and
<br />documents, used by the agency in the development of a
<br />proposed rule shall be a public document in accordance
<br />with the provisions of part 2 of article 72 of this title and
<br />shall be open for public inspection.
<br />(b) All proposed rules shall be reviewed by the agency.
<br />No rule shall be adopted unless:
<br />(I) The record of the rule-making proceeding
<br />demonstrates the need for the regulation;
<br />(II) The proper statutory authority exists for the
<br />regulation;
<br />(III) To the extent practicable, the regulation is clearly
<br />and simply stated so that its meaning will be understood
<br />by any party required to comply with the regulation;
<br />(IV) The regulation does not conflict with other
<br />provisions oflaw; and
<br />(V) The duplication or overlapping of regulations is
<br />explained by the agency proposing the rule.
<br />(c) Rules, as finally adopted, shall be consistent with the
<br />subject matter as set forth in the notice of proposed rule-
<br />making provided in subsection (11) of this section.
<br />After consideration of the relevant matter presented, the
<br />agency shall incorporate by reference on the rules
<br />adopted a written concise general statement of their
<br />basis, specific statutory authority, and purpose. The
<br />written statement of the basis, specific authority,
<br />regulatory analysis required by subsection (4.5) of this
<br />section, and purpose of a rule which involves scientific
<br />or technological issues shall include an evaluation of the
<br />scientific or technological rationale justifying the rule.
<br />Each agency shall maintain a copy of its currently
<br />effective rules and the current status of each published
<br />proposal for rules and minutes of all its action upon
<br />rules, as well as any attorney general's opinion rendered
<br />on any adopted or proposed rule. Such materials shall be
<br />available for inspection by any person during regular
<br />office hours.
<br />(d) Within one hundred eighty days after the last public
<br />hearing on the proposed rule, the agency shall adopt a
<br />rule pursuant to the rule-making proceeding or
<br />terminate the proceeding by publication of a notice to
<br />that effect in the Colorado register.
<br />(4.5) (a) Upon request of any person, at least fifteen
<br />days prior to the hearing, the agency shall issue a
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