Contents
Download Rules
Permanent Rule Filing
Emergency or Additional Permanent Rule Filing
Correction Filing

 

Emergency or Additional Permanent Rule Filing

1. Request an Attorney General Opinion
2. File an Emergency Rule

I. Request an Attorney General Opinion

This option is for emergency rules, which can be adopted without a rulemaking hearing.

It is also used for filing permanent rules in cases when a portion of the rules discussed at a hearing was adopted and filed, and then additional rules discussed at the same hearing are adopted and must be filed.

This form can also be used when a filing deadline was missed and it is necessary to adopt your rules again.

NOTE:  This form can be refiled under the same tracking number if the AG’s Office finds an error in your filing, but you must refile before the Attorney General Opinion is issued.

Before filing your AGO Request, create a file that contains a clean copy of your adopted/amended rules. The file can be saved as a Rich Text File (.rtf) or a Word document (.doc). Do not save as .docx. It is recommended that you also provide a redline copy of your adopted/amended rules, which can be a .doc, .rtf, or .pdf file.

You must also prepare a document detailing the justification for the emergency adoption.

For additional permanent rules, attach your adoption notice in the "Emergency Justification" field.

1. Log in to the Secretary of State’s eFiling system.
2. Under "Emergency Rule Filing", click on "Step 1: File an AG Opinion Request for an Emergency Rule",
   or
   under "Additional Permanent Rule Filing", click on "Step 1: File an AG Opinion Request for Additional Permanent Rules".
3. Select the radio button for "Emergency or Temporary Rule" or "Additional Permanent Rule".
4. Choose the number of the rule that you will be amending from the drop-down list. The title will be filled in automatically. 
   If this is a new rule, choose "New" in the drop-down list and enter the new number and title in the designated format (For example. "1 CCR 101-1", or for very large rules, "6 CCR 1007-3 Part 260").
5. Enter the adopting agency if it is different from the agency listed at the top of the form. Text entered in this field will be displayed on your Attorney General Opinion.
6. Attach a file or files with a clean copy of your adopted/amended rules in .rtf or .doc format.  Do not submit as a .docx or .pdf.
   Tables and graphics can be attached as separate .pdf documents.  These files will be published in the Colorado Register.
7. Remember: The file(s) attached as Adopted Rules constitute your legal rule filing and will be reviewed by the Office of Legislative Legal Services. All text submitted is subject to review. Any discrepancies between the Redline and the Adopted Rules documents will be decided in favor of the Adopted Rules document.
8. We recommend that you attach a red-line version of your adopted/amended emergency rules.  This document can be a .doc, .rtf, or .pdf file.
9. Select "Yes" or "No" regarding whether your rule was submitted in response to issues raised by the Committee on Legal Services or the Office of Legislative Legal Services staff.
10. Enter the adopted date of your rule in MM/DD/YYYY format.
11. Enter additional information or comments for the Secretary of State's office.  Please let us know if the text of this emergency rule is the same as a permanent rule adoption that has occurred or is in progress. This information will not be viewable by the public.
12. Enter public contact information.
13. Enter contact information for the Secretary of State, Attorney General and Office of Legislative Legal Services if different from your public contact information.
14. Attach your Emergency Justification document.
    For additional permanent rules, attach your adoption notice or other documentation in the Emergency Justification field.  This document can be a .doc, .rtf, or .pdf file.
15. Enter a brief description of the purpose or objective of the rule. This field is limited to 600 characters. (For example, "The purpose of this regulation is to establish guidelines for the application process, to ensure an adequate diversity exists for the evaluation of the effectiveness of the Pilot Program, and to set forth the filing requirements and standards for initial and continued licensure of a MEWA under the Pilot Program.")
    If you wish to provide a longer description, enter "See attached Statement of Basis and Purpose" in this field and attach a document in the designated field below.
16. Attach your Basis and Purpose document if it is not included in the text of the rule.  This document can be a .doc, .rtf, or .pdf file.
17. Select "Yes" or "No" regarding whether a regulatory analysis was prepared.
    If you choose "Yes", attach your regulatory analysis or fiscal statement below. This document can be a .doc, .rtf, or .pdf file.
18. Enter both the general statutory authority for adopting rules and the specific statutory provisions, if any, the rule interprets or refines.
19. If the rule is required or allowed by federal law, rule, or order, enter the citation for the applicable federal provision(s).
20. Make sure that all required fields are filled in (look for the red asterisks).
21. Click on "Submit".
    If you used this form to file "additional permanent rules", you must use the "Step 2: File Additional Permanent Rules with SOS and OLLS" form to file the rules with the Secretary of State and the Office of Legilative Legal Services.
22. Print the confirmation screen and keep it as proof of your filing. If a confirmation page does not appear, your filing is not complete. You can resubmit the filing, or call our office if you need help 
    The tracking number that appears near the top of the page will be used later in the rule filing process.

The eFiling system will send an e-mail to the Attorney General’s Office to alert them of your filing. After the AG Opinion has been issued, a notice will be e-mailed to you. You can then complete your rulemaking by eFiling your rule with the Secretary of State and the Office of Legislative Legal Services.

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II. File an Emergency Rule

1. Log in to the Secretary of State’s eFiling system.
2. Under "Emergency Rule Filing", click on "Step 2: File an Emergency Rule"
   or
   under "Additional Permanent Rule Filing", click on "Step 2: File Additional Permanent Rules with SOS and OLLS".
3. Enter the tracking number and click "Go".
4. All information will automatically be filled in.
5. You can view all of the attached files by clicking on the file names. You can view the Attorney General Opinion by clicking on the date. 
6. Enter the effective date in MM/DD/YYYY format.
   For Emergency Rules, this can be the same as the adopted date or a later date.
   For Permanent Rules, the effective date must be 20 days after publication in the Colorado Register or later.
7. Click on "Submit".
8. Print the confirmation screen and keep it as proof of your filing. If a confirmation page does not appear, your filing is not complete. You can resubmit the filing, or call our office if you need help.

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