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<br />or organization" means an association or organization <br />that is regularly in the business of developing scientific <br />or technical standards or guidelines, is recognized by <br />those in the relevant professional community as having <br />a high degree of expertise and competence in its field, <br />and whose publications are widely distributed and easily <br />available throughout the nation and the state of <br />Colorado. <br />(b) (I) An agency may incorporate by reference the <br />material set forth in paragraph (a) of this subsection <br />(12.5) only if the issuing agency, organization, or <br />association makes copies of the material available to the <br />public. An agency may not incorporate any material by <br />reference unless the material has been properly <br />identified in the notice of proposed rule-making <br />pursuant to paragraph (a) of subsection (3) of this <br />section. <br />(II) A federal rule, code, or standard does not have the <br />force of Colorado law unless the federal rule, code, or <br />standard is adopted in a state rule in accordance with the <br />provisions of this article and the federal rule, code, or <br />standard is set forth in full in the state rule or is <br />incorporated by reference as required by the provisions <br />of this subsection (12.5). <br />(c) (I) The reference to any incorporated material shall <br />identify the incorporated material by appropriate <br />agency, organization, or association and by date, title, or <br />citation. The reference shall also state that the rule does <br />not include later amendments to or editions of the <br />incorporated material. <br />(II) (A) If an agency proposes to incorporate any <br />material by reference in a state rule, the agency shall <br />allow public inspection of any noncopyrighted material <br />and provide copies of the material to the public at cost <br />upon request beginning no later than the date of <br />publication of the notice of proposed rule-making. If <br />any material to be incorporated by reference has been <br />copyrighted, the agency shall upon request provide <br />information about the publisher and the citation to the <br />material. <br />(B) Ifany agency within the department of public health <br />and environment proposes to incorporate material by <br />reference in any regulation promulgated pursuant to <br />article 7, 8, or 15 of title 25, C.R.S., and the version or <br />edition of the material to be incorporated by reference <br />has not previously been distributed to the state <br />publications depository libraries, the agency shall <br />provide a sufficient number of copies of the material to <br />the state publications depository and distribution center <br />no later than the date of the notice. The state librarian <br />shall retain one copy of the material and shall provide <br />one copy of the material to each state publications <br />depository library pursuant to section 24-90-206 (2). <br />(C) Except as provided in sub-subparagraph (B) of this <br />subparagraph (II), if any agency proposes to incorporate <br />any material by reference in a regulation and the version <br />or edition of the material to be incorporated has not <br />previously been provided to the state publications <br />depository and distribution center, the agency shall <br />provide one copy of the material to the state <br /> <br />publications depository and distribution center no later <br />than the date of the notice. The state librarian shall <br />retain the copy of the material and shall make the copy <br />available for interlibrary loans. <br />(III) After any material is incorporated by reference in a <br />state rule, the agency incorporating the material by <br />reference shall maintain certified copies of the complete <br />text of the material incorporated, which copies shall be <br />available for public inspection during regular business <br />hours. Certified copies of the material incorporated shall <br />be provided at cost upon request. <br />(d) The agency shall include in any rule which <br />incorporates material by reference the title and address <br />of an employee of the agency who will provide <br />information regarding how the incorporated material <br />may be obtained or examined and a statement indicating <br />that any material that has been incorporated by <br />reference in the rule may be examined at any state <br />publications depository library. <br />(13) Any agency conducting a hearing shall have <br />authority on its own motion or upon the motion of any <br />interested person for good cause shown to: Administer <br />oaths and affIrmations; sign and issue subpoenas; <br />regulate the course of the hearing, set the time and place <br />for continued hearings, and fix the time for the filing of <br />appropriate documents; take depositions or have <br />depositions taken; issue appropriate orders which shall <br />control the subsequent course of the proceedings; and <br />take any other action authorized by agency rule <br />consistent with this article. In the event more than one <br />person engages in the conduct of a hearing, such <br />persons shall designate one of their number to perform <br />the functions oHhis subsection (13) and subsection (14) <br />of this section as can best be performed by one person <br />only, and thereafter such person only shall perform <br />those functions which are assigned to him by the several <br />persons conducting such hearing. ' <br />(14) Subpoenas shall be issued without discrimination <br />between public and private parties by any agency or any <br />member, the secretary or chief administrative officer <br />thereof, or, with respect to any hearing for which a <br />hearing offIcer or an administrative law judge has been <br />appointed, the hearing officer or administrative law <br />judge. A subpoena shall be served in the same manner <br />as a subpoena issued by a district court. Upon failure of <br />any witness to comply with such subpoena, the agency <br />may petition any district court, setting forth that due <br />notice has been given of the time and place of <br />attendance of the witness and the service of the <br />subpoena, in which event, the district court, after <br />hearing evidence in support of or contrary to the <br />petition, may enter an order as in other civil actions <br />compelling the witness to attend and testify or produce <br />books, records, or other evidence, under penalty of <br />punishment for contempt in case of contumacious <br />failure to comply with the order of the court. A witness <br />shall be entitled to the fees and mileage provided for a <br />witness in sections 13-33-102 and 13-33-103, c.R.S. <br /> <br />13 <br />