| Rule |
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| Additional Information |
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| Statutory Authority |
§ 24-4-103(6)(a), C.R.S. |
| Purpose/Objective of Rule |
Under the Colorado Administrative Procedures Act, the Commission may adopt temporary rules without engaging in the processes required for a permanent rule “only if the agency finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with [permanent rulemaking] requirements . . . would be contrary to the public interest.” § 24-4-103(6)(a), C.R.S. We find these matters require our immediate attention in order to protect the welfare of the public in conformance with the Governor’s Executive Order. Adopting these temporary rules will provide economic relief to the public affected by COVID-19. This will reduce the chance that vehicles towed as a nonconsensual tow from private property are sold at auction. These temporary rules will increase the opportunity for the vehicle owner to retrieve the vehicle prior to the statutory mandate to sell the vehicle at auction, while balancing the opportunity for tow companies to operate and earn revenue. |
| Basis And Purpose |
BasisAndPurposeAttachment2020-00204.pdf
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| Comments |
We are keenly aware of the Commission’s dual responsibility here to the towing industry as well as the health, safety and welfare of the public. We find that these temporary rules reach a compromise that protects the public welfare as well as allowing the tow industry to continue to operate. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Contact Name |
Brian Chesher |
| Contact Title |
Chief of Transportation |
| Contact Telephone |
303-894-2848 |
| Contact email |
brian.chesher@state.co.us |