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Last modified
8/11/2009 11:41:04 AM
Creation date
9/30/2006 10:11:17 PM
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Publications
Year
2004
Title
CWCB Board Member Handbook
CWCB Section
Administration
Author
CWCB
Description
Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
Publications - Doc Type
Other
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<br />regulatory analysis of a proposed rule. The regulatory <br />analysis shall contain: <br />(I) A description of the classes of persons who will be <br />affected by the proposed rule, including classes that will <br />bear the costs of the proposed rule and classes that will <br />benefit from the proposed rule; <br />(II) To the extent practicable, a description of the <br />probable quantitative and qualitative impact of the <br />proposed rule, economic or otherwise, upon affected <br />classes of persons; <br />(III) The probable costs to the agency and to any other <br />agency of the implementation and enforcement of the <br />proposed rule and any anticipated effect on state <br />revenues; <br />(IV) A comparison of the probable costs and benefits of <br />the proposed rule to the probable costs and benefits of <br />inaction; <br />(V) kdetermination of whether there are less costly <br />methods or less intrusive methods for achieving the <br />purpose of the proposed rule; and <br />(VI) A description of any alternative methods for <br />achieving the purpose of the proposed rule that were <br />seriously considered by the agency and the reasons why <br />they were rejected in favor of the proposed rule. <br />(b) Each regulatory analysis shall include quantification <br />of the data to the extent practicable and shall take <br />account of both short-telm and long-term consequences. <br />(c) The regulatory analysis shall be available to the <br />public at least five days prior to the rule-making <br />hearing. <br />(d) If the agency has made a good faith effort to comply <br />with the requirements of paragraphs (a) to (c) of this <br />subsection (4.5), the rule shall not be invalidated on the <br />ground that the contents of the regulatory analysis are <br />insufficient or inaccurate. <br />(e) Nothing in paragraphs (a) to (c) of this subsection <br />(4.5) shall limit an agency's discretionary authority to <br />adopt or amend rules. <br />(f) The provisions of this subsection (4.5) shall not <br />apply to rules and regulations promulgated by the <br />department of revenue regarding the administration of <br />any tax which is within the authority of said department. <br />(5) A rule shall become effective twenty days after <br />publication of the rule as finally adopted, as provided in <br />subsection (11) of this section, or on such later date as is <br />stated in the rule. Once a rule becomes effective, the <br />rule-making process shall be deemed to have become <br />final agency action for judicial review purposes. <br />(6) A temporary or emergency rule may be adopted <br />without compliance with the procedures prescribed in <br />subsection (4) of this section and with less than the <br />twenty days' notice prescribed in subsection (3) of this <br />section (or where circumstances imperatively require, <br />without notice) only if the agency finds that immediate <br />adoption of the rule is imperatively necessary to comply <br />with a state or federal law or federal regulation or for <br />the preservation of public health, safety, or welfare and <br />compliance with the requirements of this section would <br />be contrary to the public interest and makes such a <br />finding on the record. Such findings and a statement of <br /> <br />the reasons for the action shall be published with the <br />rule. A temporary or emergency rule may be adopted <br />without compliance with subsection (2.5) of this <br />section, but shall not become permanent without <br />compliance with such subsection (2.5). A temporary or <br />emergency rule shall become effective on adoption or <br />on such later date as is stated in the rule, shall be <br />published promptly, and shall have effect for not more <br />than three months from the adoption thereof or for such <br />shorter period as may be specifically provided by the <br />statute governing such agency, unless made permanent <br />by compliance with subsections (3) and (4) of this <br />section. The period of effectiveness provided by this <br />subsection (6) does not apply to temporary or <br />emergency rules adopted by the public utilities <br />commission under section 40-2-108 (2), C.R.S. <br />(7) Any interested person shall have the right to petition <br />for the issuance, amendment, or repeal of a rule. Such <br />petition shall be open to public inspection. Action on <br />such petition shall be within the discretion of the <br />agency; but when an agency undertakes rule-making on <br />any matter, all related petitions for the issuance, <br />amendment, or repeal of rules on such matter shall be <br />considered and acted upon in the same proceeding. <br />(8) (a) No rule shall be issued except within the power <br />delegated to the agency and as authorized by law. A rule <br />shall not be deemed to be within the statutory authority <br />and jurisdiction of any agency merely because such rule <br />is not contrary to the specific provisions of a statute. <br />Any rule or amendment to an existing rule issued by any <br />agency, including state institutions of higher education <br />administered pursuant to title 23, C.R.S., which <br />conflicts with a statute shall be void. <br />(b) On and after July 1, 1967, no rule shall be issued nor <br />existing rule amended by any agency unless it is first <br />submitted by the issuing agency to the attorney general <br />for his opinion as to its constitutionality and legality. <br />Any rule or amendment to an existing rule issued by any <br />agency without being so submitted to the attorney <br />general shall be void. <br />(c) (I) Notwithstanding any other provision of law to the <br />contrary and the provisions of section 24-4-107, all <br />rules adopted or amended on or after January 1, 1993, <br />and before November 1, 1993, shall expire at 11:59 p.m. <br />on May 15 of the year following their adoption unless <br />the general assembly by bill acts to postpone the <br />expiration of a specific rule, and commencing with rules <br />adopted or amended on or after November 1, 1993, all <br />rules adopted or amended during anyone-year period <br />that begins each November 1 and continues through the <br />following October 31 shall expire at 11:59 p.rn. on the <br />May 15 that follows such one-year period unless the <br />general assembly by bill acts to postpone the expiration <br />of a specific rule. The general assembly, in its <br />discretion, may postpone such expiration, in which case, <br />the provisions of section 24-4-108 or 24-34-104 shall <br />apply, and the rules shall expire or be subject to review <br />as provided in said sections. The postponement of the <br />expiration of a rule shall not constitute legislative <br />approval of the rule nor be admissible in any court as <br /> <br />9 <br />
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