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Colorado Register
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

December 25, 2022 - Volume 45 , No. 24

  
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Contents
Notices of proposed rulemaking
Permanent Rules Adopted
Emergency Rules Adopted
Terminated rulemaking
Nonrulemaking public notices and other miscellaneous rulemaking notices
Calendar of Hearings


Notices of proposed rulemaking

                                                                           

Department Agency Proposed rules Hearing
Department of Revenue Taxation Division INCOME TAX 01/19/2023 10:00 AM
Department of Revenue Taxation Division INCOME TAX 01/19/2023 10:00 AM
Department of Revenue Taxation Division INCOME TAX 01/19/2023 10:00 AM
Department of Revenue Taxation Division INCOME TAX 01/19/2023 10:00 AM
Department of Revenue Division of Motor Vehicles VEHICLE SERVICES SECTION 01/18/2023 04:00 PM
Department of Revenue Division of Gaming - Rules promulgated by Gaming Commission GAMING REGULATIONS 01/19/2023 09:15 AM
Department of Regulatory Agencies Division of Insurance CORPORATE ISSUES 01/17/2023 11:00 AM
Department of Regulatory Agencies Division of Insurance LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) 01/17/2023 11:00 AM
Department of Regulatory Agencies Division of Insurance LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) 01/17/2023 11:00 AM
Department of Regulatory Agencies Division of Insurance LIFE, ACCIDENT AND HEALTH, Series 4-6 Group Health Insurance, Small Group Health Plans 01/17/2023 11:00 AM
Department of Regulatory Agencies Civil Rights Commission STATE OF COLORADO CIVIL RIGHTS COMMISSION RULES AND REGULATIONS 01/27/2023 10:00 AM
Department of Regulatory Agencies Division of Professions and Occupations - State Board of Nursing NURSING RULES AND REGULATIONS 01/25/2023 09:30 AM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 20 COLORADO LOW EMISSION AUTOMOBILE REGULATION 04/19/2023 09:00 AM
Department of Labor and Employment Division of Workers' Compensation WORKERS' COMPENSATION RULES OF PROCEDURE WITH TREATMENT GUIDELINES 01/17/2023 02:00 PM
Department of Higher Education Division of Private Occupational Schools PRIVATE OCCUPATIONAL EDUCATION ACT OF 1981 01/24/2023 09:30 AM
Department of State Secretary of State BINGO AND RAFFLES GAMES 01/17/2023 11:00 AM
Department of Public Safety Colorado State Patrol RULES AND REGULATIONS CONCERNING MINIMUM STANDARDS FOR THE OPERATION OF COMMERCIAL VEHICLES 01/17/2023 02:00 PM
Department of Public Safety Colorado State Patrol CLAIMS FOR REIMBURSEMENT FOR THE COSTS OF RESPONSE AND MITIGATION OF HAZARDOUS SUBSTANCE INCIDENTS 01/17/2023 02:00 PM
Department of Public Safety Colorado State Patrol THE PERMITTING, ROUTING AND TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS AND THE INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS IN THE STATE OF COLORADO 01/17/2023 02:00 PM
Department of Public Safety Colorado State Patrol PORT OF ENTRY RULES FOR COMMERCIAL MOTOR CARRIER SIZE, WEIGHT AND CLEARANCE 01/17/2023 02:00 PM
Department of Public Safety Division of Homeland Security and Emergency Management Preventing Identity-Based Violence Grant Program 01/20/2023 10:00 AM

Permanent Rules Adopted

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Department Agency Rules adopted AG opinion Effective date
Department of Revenue Division of Motor Vehicles 1 CCR 204-30 DRIVER'S LICENSE-DRIVER CONTROL (DOCX)

 12/02/2022 01/14/2023
Department of Education Division of Public School Capital Construction Assistance 1 CCR 303-3 BUILDING EXCELLENT SCHOOLS TODAY GRANT PROGRAM (DOC)

 12/02/2022 01/14/2023
Department of Regulatory Agencies Division of Insurance 3 CCR 702-4 Series 4-2 LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) (DOC)

 12/05/2022 01/14/2023
Department of Regulatory Agencies Division of Insurance 3 CCR 702-4 Series 4-2 LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) (DOC)

 11/29/2022 01/14/2023
Department of Regulatory Agencies Division of Insurance 3 CCR 702-9 PRESCRIPTION DRUG AFFORDABILITY BOARD (DOC)

 11/29/2022 01/14/2023
Department of Regulatory Agencies Division of Insurance 3 CCR 702-9 PRESCRIPTION DRUG AFFORDABILITY BOARD (DOC)

 11/29/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-22 RULE 120 - DEMONSTRATION OF CONTINUED COMPETENCY BY PHYSICIAN APPLICANTS FOR LICENSURE PURSUANT TO THE OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM, REINSTATEMENT OF AN EXPIRED LICENSE, OR REACTIVATION (DOC)

 12/01/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-29 RULE 410 - DEMONSTRATION OF CONTINUED COMPETENCY BY PHYSICIAN ASSISTANT APPLICANTS FOR LICENSURE, LICENSURE PURSUANT TO THE OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM, REINSTATEMENT OF AN EXPIRED LIC (DOC)

 12/01/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-42 RULE 520 - DEMONSTRATION OF CONTINUED COMPETENCY BY ANESTHESIOLOGIST ASSISTANT APPLICANTS FOR LICENSURE, LICENSURE PURSUANT TO THE OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM, REINSTATEMENT (DOC)

 12/01/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-49 RULE 180 - RULES REGARDING THE USE OF BENZODIAZEPINES (DOC)

 12/01/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-50 RULE 190 – CONCERNING HEALTH CARE PROVIDER DISCLOSURES TO CONSUMERS ABOU THE POTENTIAL EFFECTS OF RECEIVING EMERGENCY OR NONEMERGENCY SERVICES FROM AN OUT-OF-NETWORK PROVIDER (DOC)

 12/01/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-51 RULE 161 – PROTECTIONS FOR PROVISION OF REPRODUCTIVE HEALTH CARE IN COLORADO (DOC)

 12/01/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-52 RULE 162 – PROTECTING COLORADO’S WORKFORCE AND EXPANDING LICENSING OPPORTUNITIES (DOC)

 12/01/2022 01/14/2023
Department of Regulatory Agencies Division of Professions and Occupations - State Board of Optometry 4 CCR 728-1 STATE BOARD OF OPTOMETRY RULES AND REGULATIONS (DOC)

 12/07/2022 01/14/2023
Department of Public Health and Environment Air Quality Control Commission 5 CCR 1001-26 REGULATION NUMBER 22 COLORADO GREENHOUSE GAS REPORTING AND EMISSION REDUCTION REQUIREMENTS (DOC)

 12/05/2022 01/14/2023
Department of Public Health and Environment Water Quality Control Commission 5 CCR 1002-11 REGULATION NO. 11 - COLORADO PRIMARY DRINKING WATER REGULATIONS (DOCX)

 11/30/2022 01/14/2023
Department of Early Childhood Colorado Child Care Assistance Program 8 CCR 1403-1 Colorado Child Care Assistance Program (DOC)

 12/02/2022 01/14/2023
Department of Early Childhood Colorado Universal Preschool Program 8 CCR 1404-1 Universal Preschool (DOCX)

 12/02/2022 01/14/2023
Department of Public Safety Division of Fire Prevention and Control 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO 1 (DOCX)

8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO 2 (PDF)

 12/05/2022 01/14/2023
Department of Health Care Policy and Financing Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan) 10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY (DOCX)

 12/02/2022 01/15/2023

Emergency Rules Adopted
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Department Agency Rules adopted Justification AG opinion Effective date Expiration date
Department of Regulatory Agencies Division of Insurance 3 CCR 702-4 Series 4-2 LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) (DOC) EmergencyJustificationPathAttach2022-00745.doc 12/05/2022 11/21/2022 03/18/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Dental Board 3 CCR 709-1 DENTISTS, DENTAL THERAPISTS & DENTAL HYGIENISTS RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2022-00738.docx 12/05/2022 11/16/2022 03/16/2023
Department of Regulatory Agencies Division of Professions and Occupations - Office of Surgical Assistant and Surgical Technologist Registration 4 CCR 745-1 SURGICAL ASSISTANT AND SURGICAL TECHNOLOGIST RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2022-00730.docx 12/01/2022 11/11/2022 03/11/2023
Department of Public Health and Environment Health Facilities and Emergency Medical Services Division (1011, 1015 Series) 6 CCR 1011-1 Chapter 04 CHAPTER 4 - GENERAL HOSPITALS (DOC) EmergencyJustificationPathAttach2022-00742.docx 11/23/2022 11/16/2022 03/16/2023
Department of Early Childhood Colorado Universal Preschool Program 8 CCR 1404-1 UNIVERSAL PRESCHOOL (DOCX) EmergencyJustificationPathAttach2022-00746.pdf 12/02/2022 11/21/2022 03/21/2023


Terminated rulemaking
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Department Agency CCR # Tracking # Termination date Reason for termination
Department of Revenue Taxation Division 1 CCR 201-2 2022-00731 12/07/2022 Due to a scheduling conflict, the Department will be refiling the Notice of Proposed Rulemaking for this rule. Because of the statutory requirements of the Administrative Procedures Act, refiling the rules will require rescheduling the December 15, 2022, rulemaking hearing. Comments filed to date in response to the Notice of Proposed Rulemaking issued November 15, 2022, will be transferred to the new dockets and do not need to be refiled.
Department of Revenue Taxation Division 1 CCR 201-2 2022-00732 12/07/2022 Due to a scheduling conflict, the Department will be refiling the Notice of Proposed Rulemaking for this rule. Because of the statutory requirements of the Administrative Procedures Act, refiling the rules will require rescheduling the December 15, 2022, rulemaking hearing. Comments filed to date in response to the Notice of Proposed Rulemaking issued November 15, 2022, will be transferred to the new dockets and do not need to be refiled.
Department of Revenue Taxation Division 1 CCR 201-2 2022-00734 12/07/2022 Due to a scheduling conflict, the Department will be refiling the Notice of Proposed Rulemaking for this rule. Because of the statutory requirements of the Administrative Procedures Act, refiling the rules will require rescheduling the December 15, 2022, rulemaking hearing. Comments filed to date in response to the Notice of Proposed Rulemaking issued November 15, 2022, will be transferred to the new dockets and do not need to be refiled.
Department of Revenue Taxation Division 1 CCR 201-2 2022-00733 12/07/2022 Due to a scheduling conflict, the Department will be refiling the Notice of Proposed Rulemaking for this rule. Because of the statutory requirements of the Administrative Procedures Act, refiling the rules will require rescheduling the December 15, 2022, rulemaking hearing. Comments filed to date in response to the Notice of Proposed Rulemaking issued November 15, 2022, will be transferred to the new dockets and do not need to be refiled.


Non-Rulemaking Public Notices and Other Miscellaneous Rulemaking Notices
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Department / Agency Filed date Notice
Department of Health Care Policy and Financing 12/20/2022 Clinical Trials
Department of Health Care Policy and Financing 12/20/2022 Inpatient Hospital Opioid Antagonist Carveout
Department of Health Care Policy and Financing 12/20/2022 Secure Transport
Department of Health Care Policy and Financing 12/20/2022 Out of State Former Foster Care
Department of Public Health and Environment 12/22/2022 Policy 17-1 Voluntary Incentive Program Administrative Action Hearing


Calendar of Hearings
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Agency Rule Hearing
Taxation Division INCOME TAX 01/19/2023 10:00 AM
Taxation Division INCOME TAX 01/19/2023 10:00 AM
Taxation Division INCOME TAX 01/19/2023 10:00 AM
Taxation Division INCOME TAX 01/19/2023 10:00 AM
Division of Motor Vehicles VEHICLE SERVICES SECTION 01/18/2023 04:00 PM
Division of Gaming - Rules promulgated by Gaming Commission GAMING REGULATIONS 01/19/2023 09:15 AM
Division of Insurance CORPORATE ISSUES 01/17/2023 11:00 AM
Division of Insurance LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) 01/17/2023 11:00 AM
Division of Insurance LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) 01/17/2023 11:00 AM
Division of Insurance LIFE, ACCIDENT AND HEALTH, Series 4-6 Group Health Insurance, Small Group Health Plans 01/17/2023 11:00 AM
Civil Rights Commission STATE OF COLORADO CIVIL RIGHTS COMMISSION RULES AND REGULATIONS 01/27/2023 10:00 AM
Division of Professions and Occupations - State Board of Nursing NURSING RULES AND REGULATIONS 01/25/2023 09:30 AM
Air Quality Control Commission REGULATION NUMBER 20 COLORADO LOW EMISSION AUTOMOBILE REGULATION 04/19/2023 09:00 AM
Division of Workers' Compensation WORKERS' COMPENSATION RULES OF PROCEDURE WITH TREATMENT GUIDELINES 01/17/2023 02:00 PM
Division of Private Occupational Schools PRIVATE OCCUPATIONAL EDUCATION ACT OF 1981 01/24/2023 09:30 AM
Secretary of State BINGO AND RAFFLES GAMES 01/17/2023 11:00 AM
Colorado State Patrol RULES AND REGULATIONS CONCERNING MINIMUM STANDARDS FOR THE OPERATION OF COMMERCIAL VEHICLES 01/17/2023 02:00 PM
Colorado State Patrol CLAIMS FOR REIMBURSEMENT FOR THE COSTS OF RESPONSE AND MITIGATION OF HAZARDOUS SUBSTANCE INCIDENTS 01/17/2023 02:00 PM
Colorado State Patrol THE PERMITTING, ROUTING AND TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS AND THE INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS IN THE STATE OF COLORADO 01/17/2023 02:00 PM
Colorado State Patrol PORT OF ENTRY RULES FOR COMMERCIAL MOTOR CARRIER SIZE, WEIGHT AND CLEARANCE 01/17/2023 02:00 PM
Division of Homeland Security and Emergency Management Preventing Identity-Based Violence Grant Program 01/20/2023 10:00 AM
  
  
  
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