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

February 10, 2023 - Volume 46 , No. 3

  
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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 Natural Resources Colorado Parks and Wildlife (405 Series, Parks) CHAPTER P-7 - PASSES, PERMITS AND REGISTRATIONS 03/15/2023 08:00 AM
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-0 - GENERAL PROVISIONS 03/15/2023 08:00 AM
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-2 - BIG GAME 03/15/2023 08:00 AM
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-3 - FURBEARERS AND SMALL GAME, EXCEPT MIGRATORY BIRDS 03/15/2023 08:00 AM
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-5 - MIGRATORY BIRDS 03/15/2023 08:00 AM
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-9 - WILDLIFE PROPERTIES 03/15/2023 08:00 AM
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-13 - POSSESSION OF WILDLIFE, SCIENTIFIC COLLECTING, AND SPECIAL LICENSES 03/15/2023 08:00 AM
Department of Human Services Behavioral Health BEHAVIORAL HEALTH 03/03/2023 08:30 AM
Department of Personnel and Administration State Personnel Board and State Personnel Director STATE PERSONNEL BOARD RULES AND PERSONNEL DIRECTOR'S ADMINISTRATIVE PROCEDURES 03/21/2023 09:00 AM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 3 STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE REQUIREMENTS 05/16/2023 04:30 PM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 7 CONTROL OF OZONE VIA OZONE PRECURSORS AND CONTROL OF HYDROCARBONS VIA OIL AND GAS EMISSIONS 04/19/2023 04:30 PM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 22 COLORADO GREENHOUSE GAS REPORTING AND EMISSION REDUCTION REQUIREMENTS 04/19/2023 04:30 PM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 24 Control of Emissions from the Storage, Transfer and Disposal of Volatile Organic Compounds and Petroleum Liquids and Petroleum Processing and Refining 04/19/2023 04:30 PM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 25 Control of Emissions from Surface Coating, Solvents, Asphalt, Graphic Arts and Printing, and Pharmaceuticals 04/19/2023 04:30 PM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 26 Control of Emissions from Engines and Major Stationary Sources 04/19/2023 04:30 PM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 27 Greenhouse Gas Emissions and Energy Management for the Manufacturing Sector 04/19/2023 04:30 PM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 28 Building Benchmarking and Performance Standards 05/16/2023 04:30 PM
Department of Public Health and Environment Water Quality Control Commission REGULATION NO. 93 - COLORADO'S SECTION 303(D) LIST OF IMPAIRED WATERS AND MONITORING AND EVALUATION LIST 05/08/2023 09:00 AM
Department of Public Health and Environment Division of Disease Control and Public Health Response THE INFANT IMMUNIZATION PROGRAM AND IMMUNIZATION OF STUDENTS ATTENDING SCHOOL 03/15/2023 10:00 AM
Department of Public Health and Environment Clean Fleet Enterprise Board CLEAN FLEET ENTERPRISE FEES 03/09/2023 02:00 PM
Department of State Secretary of State ELECTIONS 03/07/2023 01:00 PM
Department of Human Services Income Maintenance (Volume 3) COLORADO WORKS PROGRAM 03/03/2023 08:30 AM
Department of Health Care Policy and Financing Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan) FINANCIAL MANAGEMENT OF THE CHILDREN'S BASIC HEALTH PLAN 03/10/2023 09:00 AM
Department of Health Care Policy and Financing Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan) MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 03/10/2023 09:00 AM
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) REFERRAL AND ASSESSMENT 03/03/2023 08:30 AM
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) REFERRAL AND ASSESSMENT 03/02/2023 08:30 AM
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) CHILD WELFARE SERVICES 03/03/2023 08:30 AM
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) CHILD WELFARE SERVICES 03/03/2023 08:30 AM
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) RESOURCES, REIMBURSEMENT, REPORTING, AND PROVIDER REQUIREMENTS 03/03/2023 08:30 AM
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) COUNTY RESPONSIBILITIES, STAFF TRAINING AND QUALIFICATIONS, CLIENT RIGHTS, CONFIDENTIALITY 03/03/2023 08:30 AM

Permanent Rules Adopted

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Department Agency Rules adopted AG opinion Effective date
Department of Revenue Taxation Division 1 CCR 201-1 PROCEDURE AND ADMINISTRATION (DOC)

01/24/2023 03/02/2023
Department of Revenue Taxation Division 1 CCR 201-1 PROCEDURE AND ADMINISTRATION (DOC)

01/24/2023 03/02/2023
Department of Revenue Taxation Division 1 CCR 201-1 PROCEDURE AND ADMINISTRATION (DOC)

01/24/2023 03/02/2023
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) 2 CCR 406-0 CHAPTER W-0 - GENERAL PROVISIONS (DOCX)

01/27/2023 03/02/2023
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) 2 CCR 406-2 CHAPTER W-2 - BIG GAME (DOCX)

01/27/2023 03/02/2023
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) 2 CCR 406-3 CHAPTER W-3 - FURBEARERS AND SMALL GAME, EXCEPT MIGRATORY BIRDS (DOCX)

01/27/2023 03/02/2023
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) 2 CCR 406-9 CHAPTER W-9 - WILDLIFE PROPERTIES (DOCX)

01/27/2023 03/02/2023
Department of Natural Resources Colorado Parks and Wildlife (406 Series, Wildlife) 2 CCR 406-16 CHAPTER W-16 - PARKS AND WILDLIFE PROCEDURAL RULES (DOCX)

01/27/2023 03/02/2023
Department of Regulatory Agencies Division of Insurance 3 CCR 702-3 FINANCIAL ISSUES (DOC)

01/23/2023 03/02/2023
Department of Regulatory Agencies Division of Insurance 3 CCR 702-4 Series 4-1 LIFE, ACCIDENT AND HEALTH, Series 4-1 Life Insurance (DOC)

01/23/2023 03/02/2023
Department of Regulatory Agencies Division of Insurance 3 CCR 702-9 PRESCRIPTION DRUG AFFORDABILITY BOARD (DOC)

01/27/2023 03/17/2023
Department of Human Services Income Maintenance (Volume 3) 9 CCR 2503-5 ADULT FINANCIAL PROGRAMS (DOCX)

01/23/2023 03/02/2023
Department of Human Services Income Maintenance (Volume 3) 9 CCR 2503-5 ADULT FINANCIAL PROGRAMS (DOCX)

01/23/2023 03/02/2023
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 (DOC)

01/24/2023 03/15/2023
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-1 OVERVIEW OF CHILD WELFARE SERVICES (DOCX)

01/23/2023 03/02/2023
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-2 REFERRAL AND ASSESSMENT (DOCX)

01/23/2023 03/02/2023
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-4 CHILD WELFARE SERVICES (DOCX)

01/23/2023 03/02/2023
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-8 CHILD CARE FACILITY LICENSING (DOCX)

01/23/2023 03/02/2023

Emergency Rules Adopted

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Department Agency Rules adopted Justification AG opinion Effective date Expiration date
Department of Revenue Taxation Division 1 CCR 201-2 INCOME TAX (DOC) EmergencyJustificationPathAttach2023-00031.pdf 01/24/2023 01/12/2023 05/12/2023
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) EmergencyJustificationPathAttach2023-00007.doc 01/23/2023 01/08/2023 05/08/2023
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) EmergencyJustificationPathAttach2023-00008.doc 01/23/2023 01/08/2023 05/08/2023
Department of Regulatory Agencies Division of Professions and Occupations - Board of Chiropractic Examiners 3 CCR 707-1 CHIROPRACTIC EXAMINERS RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2023-00009.pdf 01/24/2023 01/09/2023 05/09/2023
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) EmergencyJustificationPathAttach2023-00010.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Podiatry Board 3 CCR 712-1 PODIATRY RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2023-00016.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-45 RULE 145 - EMERGENCY RULES AND REGULATIONS REGARDING TEMPORARY LICENSURE (DOC) EmergencyJustificationPathAttach2023-00011.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Medical Board 3 CCR 713-46 RULE 160 - EMERGENCY RULES AND REGULATIONS REGARDING EXPANDED DELEGATION FOR PHYSICIANS AND PHYSICIAN ASSISTANTS AND EXPANDED SCOPE OF PRACTICE FOR PHYSICIANS, PHYSICIAN ASSISTANTS AND ANESTHESIOLOGIST ASSISTANT (DOCX) EmergencyJustificationPathAttach2023-00012.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - Office of Occupational Therapy Licensure 3 CCR 715-1 OCCUPATIONAL THERAPY RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2023-00015.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - State Board of Nursing 3 CCR 716-1 NURSING RULES AND REGULATIONS (DOCX) EmergencyJustificationPathAttach2023-00013.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - Board of Veterinary Medicine 4 CCR 727-1 VETERINARIAN AND VETERINARY TECHNICIAN RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2023-00021.pdf 01/24/2023 01/09/2023 05/09/2023
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) EmergencyJustificationPathAttach2023-00014.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - State Physical Therapy Board 4 CCR 732-1 PHYSICAL THERAPY RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2023-00017.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - Office of Respiratory Therapy Licensure 4 CCR 741-1 RESPIRATORY THERAPY RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2023-00018.pdf 01/24/2023 01/09/2023 05/09/2023
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) EmergencyJustificationPathAttach2023-00019.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Regulatory Agencies Division of Professions and Occupations - Office of Speech-Language Pathology Certification 4 CCR 748-1 SPEECH-LANGUAGE PATHOLOGIST RULES AND REGULATIONS (DOC) EmergencyJustificationPathAttach2023-00020.pdf 01/24/2023 01/09/2023 05/09/2023
Department of Human Services Income Maintenance (Volume 3) 9 CCR 2503-3 COLORADO REFUGEE SERVICES PROGRAM (CRSP) (DOCX) EmergencyJustificationPathAttach2023-00038.pdf 01/23/2023 01/06/2023 05/06/2023
Department of Health Care Policy and Financing Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan) 10 CCR 2505-3 FINANCIAL MANAGEMENT OF THE CHILDREN'S BASIC HEALTH PLAN (DOC) EmergencyJustificationPathAttach2023-00034.doc 01/24/2023 01/13/2023 05/13/2023
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 (DOC) EmergencyJustificationPathAttach2023-00033.doc 01/27/2023 01/13/2023 05/13/2023


Terminated rulemaking

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Department Agency CCR # Tracking # Termination date Reason for termination
Department of Regulatory Agencies Division of Professions and Occupations - State Board of Nursing 3 CCR 716-1 2022-00802 01/23/2023 To allow for additional stakeholder feedback prior to the Board determining whether to adopt the proposed changes.


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 02/08/2023 Section 1915(b)(4) Waiver Fee-for-Service Selective Contracting Program
Department of Health Care Policy and Financing 02/08/2023 Targeted Case Management – 1915(c) HCBS Waiver Services
Department of Health Care Policy and Financing 02/08/2023 COVID-19 Testing
Department of Health Care Policy and Financing 02/08/2023 COVID-19 Treatments
Department of Health Care Policy and Financing 02/08/2023 Covid-19 Vaccines and Vaccine Administration


Calendar of Hearings

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Agency Rule Hearing
Colorado Parks and Wildlife (405 Series, Parks) CHAPTER P-7 - PASSES, PERMITS AND REGISTRATIONS 03/15/2023 08:00 AM
Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-0 - GENERAL PROVISIONS 03/15/2023 08:00 AM
Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-2 - BIG GAME 03/15/2023 08:00 AM
Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-3 - FURBEARERS AND SMALL GAME, EXCEPT MIGRATORY BIRDS 03/15/2023 08:00 AM
Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-5 - MIGRATORY BIRDS 03/15/2023 08:00 AM
Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-9 - WILDLIFE PROPERTIES 03/15/2023 08:00 AM
Colorado Parks and Wildlife (406 Series, Wildlife) CHAPTER W-13 - POSSESSION OF WILDLIFE, SCIENTIFIC COLLECTING, AND SPECIAL LICENSES 03/15/2023 08:00 AM
Behavioral Health BEHAVIORAL HEALTH 03/03/2023 08:30 AM
State Personnel Board and State Personnel Director STATE PERSONNEL BOARD RULES AND PERSONNEL DIRECTOR'S ADMINISTRATIVE PROCEDURES 03/21/2023 09:00 AM
Air Quality Control Commission REGULATION NUMBER 3 STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE REQUIREMENTS 05/16/2023 04:30 PM
Air Quality Control Commission REGULATION NUMBER 7 CONTROL OF OZONE VIA OZONE PRECURSORS AND CONTROL OF HYDROCARBONS VIA OIL AND GAS EMISSIONS 04/19/2023 04:30 PM
Air Quality Control Commission REGULATION NUMBER 22 COLORADO GREENHOUSE GAS REPORTING AND EMISSION REDUCTION REQUIREMENTS 04/19/2023 04:30 PM
Air Quality Control Commission REGULATION NUMBER 24 Control of Emissions from the Storage, Transfer and Disposal of Volatile Organic Compounds and Petroleum Liquids and Petroleum Processing and Refining 04/19/2023 04:30 PM
Air Quality Control Commission REGULATION NUMBER 25 Control of Emissions from Surface Coating, Solvents, Asphalt, Graphic Arts and Printing, and Pharmaceuticals 04/19/2023 04:30 PM
Air Quality Control Commission REGULATION NUMBER 26 Control of Emissions from Engines and Major Stationary Sources 04/19/2023 04:30 PM
Air Quality Control Commission REGULATION NUMBER 27 Greenhouse Gas Emissions and Energy Management for the Manufacturing Sector 04/19/2023 04:30 PM
Air Quality Control Commission REGULATION NUMBER 28 Building Benchmarking and Performance Standards 05/16/2023 04:30 PM
Water Quality Control Commission REGULATION NO. 93 - COLORADO'S SECTION 303(D) LIST OF IMPAIRED WATERS AND MONITORING AND EVALUATION LIST 05/08/2023 09:00 AM
Division of Disease Control and Public Health Response THE INFANT IMMUNIZATION PROGRAM AND IMMUNIZATION OF STUDENTS ATTENDING SCHOOL 03/15/2023 10:00 AM
Clean Fleet Enterprise Board CLEAN FLEET ENTERPRISE FEES 03/09/2023 02:00 PM
Secretary of State ELECTIONS 03/07/2023 01:00 PM
Income Maintenance (Volume 3) COLORADO WORKS PROGRAM 03/03/2023 08:30 AM
Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan) FINANCIAL MANAGEMENT OF THE CHILDREN'S BASIC HEALTH PLAN 03/10/2023 09:00 AM
Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan) MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 03/10/2023 09:00 AM
Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) REFERRAL AND ASSESSMENT 03/03/2023 08:30 AM
Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) REFERRAL AND ASSESSMENT 03/02/2023 08:30 AM
Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) CHILD WELFARE SERVICES 03/03/2023 08:30 AM
Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) CHILD WELFARE SERVICES 03/03/2023 08:30 AM
Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) RESOURCES, REIMBURSEMENT, REPORTING, AND PROVIDER REQUIREMENTS 03/03/2023 08:30 AM
Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) COUNTY RESPONSIBILITIES, STAFF TRAINING AND QUALIFICATIONS, CLIENT RIGHTS, CONFIDENTIALITY 03/03/2023 08:30 AM
  
  
  
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