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Colorado Water Conservation Handbook
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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.
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Other
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<br />evidence of legislative intent. The postponement of the <br />expiration date of a specific rule shall not prohibit any <br />action by the general assembly pursuant to the <br />provisions of paragraph (d) of this subsection (8) with <br />respect to such rule. <br />(II) It is the intent of the general assembly that, in the <br />event of a conflict between this paragraph ( c) and any <br />other provision oflaw relating to suspension or <br />extension of rules by j oint resolution (whether said <br />provision was adopted prior to or subsequent to this <br />paragraph (c)), this paragraph (c) shall control, <br />notwithstanding the rule oflaw that a specific provision <br />oflaw controls over a general provision oflaw. <br />(d) All rules adopted or amended on or after July 1, <br />1976, including temporary or emergency rules, shall be <br />submitted by the adopting agency to the office of <br />legislative legal services in the form and manner <br />prescribed by the committee on legal services. Said <br />rules and amendments to existing rules shall be filed by <br />and in such office and shall be first reviewed by the <br />staff of said committee to determine whether said rules <br />and amendments are within the agency's rule-making <br />authority and for later review by the committee on legal <br />services for its opinion as to whether the rules conform <br />with paragraph (a) of this subsection (8). The committee <br />on legal services shall direct the staff of the committee <br />to review the rules submitted by adopting agencies <br />using graduated levels of review based on criteria <br />established by the committee. The criteria developed by <br />the committee shall provide that every rule shall be <br />reviewed as to form and compliance with filing <br />procedures and that, upon request of any member of the <br />committee or any other member of the general <br />assembly, the staff shall provide full legal review of any <br />rule during the time period that such rule is subject to <br />review by the committee. The official certificate of the <br />director ofthe office oflegislative legal services as to <br />the fact of submission or the date of submission of a <br />rule as shown by the records of his office, as well as to <br />the fact of nonsubmission as shown by the nonexistence <br />of such records, shall be received and held in all civil <br />cases as competent evidence of the facts contained <br />therein. Records regarding the review of rules pursuant <br />to this section shall be retained by the office of <br />legislative legal services in accordance with policies <br />established pursuant to section 2-3-303 (2), C.R.S. Any <br />such rule or amendment to an existing rule issued by <br />any agency without being so submitted within twenty <br />days after the date of the attorney general's opinion <br />rendered thereon to the office of legislative legal <br />services for review by the committee on legal services <br />shall be void. The staffs fmdings shall be presented to <br />said committee at a public meeting held after timely <br />notice to the public and affected agencies. The <br />committee on legal services shall, on affirmative vote, <br />submit such rules, comments, and proposed legislation <br />at the next regular session of the general assembly. The <br />committee on legal services shall be the committee of <br />reference for any bill introduced pursuant to this <br />paragraph (d). Any member of the general assembly <br /> <br />may introduce a bill which rescinds or deletes portions <br />of the rule. Rejection of such a bill does not constitute <br />legislative approval of the rule. Only that portion of any <br />rule specifically disapproved by bill shall no longer be <br />effective, and that portion of the rule which remains <br />after deletion of a portion thereof shall retain its <br />character as an administrative rule. Each agency shall <br />revise its rules to conform with the action taken by the <br />general assembly. A rule which has been allowed to <br />expire by action of the general assembly pursuant to the <br />provisions of paragraph (c) of this subsection (8) <br />because such rule, in the opinion of the general <br />assembly, is not authorized by the state constitution or <br />statute shall not be repromulgated by an agency unless <br />the authority to promulgate such rule has been granted <br />to such agency by a statutory amendment or by the state <br />constitution or by a judicial determination that statutory <br />or constitutional authority exists. Any rule so <br />repromulgated shall be void. Such revision shall be <br />transmitted to the secretary of state for publication <br />pursuant to subsection (11) of this section. Passage of a <br />bill repealing a rule does not result in revival of a <br />predecessor rule. This paragraph (d) and subsection <br />(4.5) of this section do not apply to rules of agency <br />organization or general statements of policy which are <br />not meant to be binding as rules. For the purpose of <br />performing the functions assigned it by this paragraph <br />(d), the committee on legal services, with the approval <br />of the speaker of the house of representatives and the <br />president of the senate, may appoint subcommittees <br />from the membership ofthe general assembly. <br />(8.1) (a) An agency shall maintain an official rule- <br />making record for each proposed rule for which a notice <br />of proposed rule-making has been published in the <br />Colorado register. Such rule-making record shall be <br />maintained by the agency until all administrative and <br />judicial review procedures have been completed <br />pursuant to the provisions of this article. The rule- <br />making record and any materials incorporated by <br />reference in the record shall be available for public <br />inspection. <br />(b) The agency rule-making record shall contain: <br />(I) Copies of all publications in the Colorado register <br />with respect to the rule or the proceeding upon which <br />the rule is based; <br />(II) Copies of any portions of the agency's public rule- <br />making docket containing entries relating to the rule or <br />the proceeding upon which the rule is based; <br />(III) All written petitions, requests, submissions, and <br />comments received by the agency as of the date of the <br />hearing on the rule and all other written materials, or a <br />listing of such materials, considered by the agency in <br />connection with the formulation, proposal, or adoption <br />of the rule or the proceeding upon which the rule is <br />based, which materials shall be available for public <br />inspection during working hours; <br />(IV) Any official transcript of oral presentations made <br />in the proceeding upon which the rule is based or, if not <br />transcribed, any tape recording or stenographic record <br />of those presentations and any memorandum prepared <br /> <br />10 <br />
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