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

November 10, 2020 - Volume 43 , No. 21

  
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Contents
2021 Departmental Regulatory Agendas submitted pursuant to section 2-7-203 C.R.S.
Notices of proposed rulemaking
Permanent Rules Adopted
Emergency Rules Adopted
Terminated rulemaking
Nonrulemaking public notices and other miscellaneous rulemaking notices
Calendar of Hearings

2021 Departmental Regulatory Agendas

                                                      

All files open as PDFs

Department of Agriculture

Department of Corrections

Department of Education

Department of Health Care Policy and Financing

Department of Higher Education

Department of Human Services

Department of Labor and Employment

Department of Law

Department of Local Affairs

Department of Natural Resources

Department of Personnel and Administration

Department of Public Health and Environment

Department of Public Safety

Department of Regulatory Agencies

Department of Revenue

Department of State

Department of Transportation

Department of Treasury

Department of Military and Veterans Affairs

State Board of Parole


Notices of proposed rulemaking

                                                                           

Department Agency Proposed rules Hearing
Department of Revenue Taxation Division INCOME TAX 12/01/2020 10:00 AM
Department of Revenue Taxation Division INCOME TAX 12/01/2020 10:00 AM
Department of Revenue Taxation Division INCOME TAX 12/01/2020 10:00 AM
Department of Education Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE WAIVER OF STATUTE AND RULE 01/13/2021 09:00 AM
Department of Education Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE EDUCATOR LICENSING ACT OF 1991 01/13/2021 09:00 AM
Department of Education Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE ADULT EDUCATION AND LITERACY GRANT PROGRAM 01/13/2021 09:00 AM
Department of Education Division of Public School Capital Construction Assistance RULES PERTAINING TO THE ADMINISTRATION OF THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE BOARD 12/17/2020 01:00 PM
Department of Natural Resources Division of Water Resources RULES AND REGULATIONS APPLYING TO WELL PERMITS TO WITHDRAW GROUND WATER PURSUANT TO SECTION 37-90-137(4), C.R.S. 01/20/2021 10:00 AM
Department of Human Services Behavioral Health BEHAVIORAL HEALTH 12/04/2020 08:30 AM
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Podiatry Board ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES 12/04/2020 09:00 AM
Department of Regulatory Agencies Division of Professions and Occupations - Colorado Podiatry Board REQUIRED DISCLOSURE TO PATIENTS CONVICTION OF OR DISCIPLINE BASED ON SEXUAL MISCONDUCT 12/04/2020 09:00 AM
Department of Regulatory Agencies Division of Real Estate RULES REGARDING REAL ESTATE BROKERS 12/01/2020 09:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Law Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Department of Public Health and Environment Air Quality Control Commission REGULATION NUMBER 8 CONTROL OF HAZARDOUS AIR POLLUTANTS 01/21/2021 09:00 AM
Department of Public Health and Environment Health Facilities and Emergency Medical Services Division (1011, 1015 Series) CHAPTER 2 - GENERAL LICENSURE STANDARDS 12/16/2020 10:00 AM
Department of Public Health and Environment Health Facilities and Emergency Medical Services Division (1011, 1015 Series) CHAPTER 7 - ASSISTED LIVING RESIDENCES 12/16/2020 10:00 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 12/11/2020 09:00 AM
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) CHILD WELFARE SERVICES 12/04/2020 08:30 AM
Department of Human Services Commission for the Deaf, Hard of Hearing, and DeafBlind (Volume 27) RULE MANUAL 27, COMMISSION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND 12/04/2020 08:30 AM

Permanent Rules Adopted

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Department Agency Rules adopted AG opinion Effective date
Department of Revenue Marijuana Enforcement Division 1 CCR 212-3 COLORADO MARIJUANA RULES (DOC)

10/29/2020 01/01/2021
Department of Education Colorado State Board of Education 1 CCR 301-1 ADMINISTRATION OF STATEWIDE ACCOUNTABILITY MEASURES FOR THE COLORADO PUBLIC SCHOOL SYSTEM, CHARTER SCHOOL INSTITUTE, PUBLIC SCHOOL DISTRICTS AND PUBLIC SCHOOLS (DOC)

10/23/2020 11/30/2020
Department of Regulatory Agencies Division of Insurance 3 CCR 702-1 ADMINISTRATIVE PROCEDURES (DOC)

10/29/2020 12/01/2020
Department of Regulatory Agencies Division of Professions and Occupations - Board of Chiropractic Examiners 3 CCR 707-1 CHIROPRACTIC EXAMINERS RULES AND REGULATIONS (DOC)

10/21/2020 11/30/2020
Department of Regulatory Agencies Division of Professions and Occupations - Board of Psychologists Examiners 3 CCR 721-1 COLORADO STATE BOARD OF PSYCHOLOGIST EXAMINERS RULES (DOC)

10/21/2020 11/30/2020
Department of Regulatory Agencies Division of Professions and Occupations - Board of Addiction Counselor Examiners 4 CCR 744-1 BOARD OF ADDICTION COUNSELOR EXAMINERS RULES (DOC)

10/23/2020 11/30/2020
Department of Public Health and Environment Water And Wastewater Facility Operators Certification Board (1003 Series) 5 CCR 1003-2 REGULATION NO. 100 - WATER AND WASTEWATER FACILITY OPERATORS CERTIFICATION REQUIREMENTS (RTF)

10/16/2020 11/30/2020
Department of Labor and Employment Division of Workers' Compensation 7 CCR 1101-3 WORKERS' COMPENSATION RULES OF PROCEDURE WITH TREATMENT GUIDELINES (DOC)

10/16/2020 01/01/2021
Department of Local Affairs Division of Housing 8 CCR 1302-15 MOBILE HOME PARK ACT DISPUTE RESOLUTION & ENFORCEMENT PROGRAM (RTF)

10/29/2020 11/30/2020
Public Employees' Retirement Board Public Employees' Retirement Association 8 CCR 1502-1 COLORADO PERA RULES (DOC)

10/23/2020 01/01/2021
Department of Public Safety Division of Fire Prevention and Control 8 CCR 1507-11 FIRE SUPPRESSION PROGRAM (DOC)

10/28/2020 11/30/2020
Department of Public Safety Division of Homeland Security and Emergency Management 8 CCR 1507-46 LAW ENFORCEMENT PUBLIC SAFETY AND CRIMINAL JUSTICE INFORMATION SHARING GRANT PROGRAM (DOC)

10/23/2020 11/30/2020
Department of Human Services Child Support Services (Volume 6) 9 CCR 2504-1 RULE MANUAL VOLUME 6, CHILD SUPPORT SERVICES RULES (DOC)

10/28/2020 12/01/2020
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 1 (DOC)

10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 2 (DOC)

10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 3 (DOC)

10/23/2020 11/30/2020
Department of Human Services Food Assistance Program (Volume 4B) 10 CCR 2506-1 RULE MANUAL VOLUME 4B, FOOD ASSISTANCE (DOC)

10/28/2020 11/30/2020
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-1 OVERVIEW OF CHILD WELFARE SERVICES (DOC)

10/28/2020 12/01/2020
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-3 PROGRAM AREAS, CASE CONTACTS, AND ONGOING CASE REQUIREMENTS (DOC)

10/28/2020 12/01/2020
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-4 CHILD WELFARE SERVICES (DOC)

10/28/2020 12/01/2020
Department of Human Services Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) 12 CCR 2509-5 RESOURCES, REIMBURSEMENT, REPORTING, AND PROVIDER REQUIREMENTS (DOC)

10/28/2020 12/01/2020
Department of Human Services Adult Protective Services 12 CCR 2518-1 ADULT PROTECTIVE SERVICES (DOC)

10/28/2020 11/30/2020

Emergency Rules Adopted

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Department Agency Rules adopted Justification AG opinion Effective date Expiration date
Department of Revenue Liquor Enforcement Division 1 CCR 203-2 COLORADO LIQUOR RULES (RTF) EmergencyJustificationPathAttach2020-00802.pdf 10/22/2020 10/02/2020 01/30/2021
Department of Regulatory Agencies Division of Professions and Occupations - Board of Psychologists Examiners 3 CCR 721-1 COLORADO STATE BOARD OF PSYCHOLOGIST EXAMINERS RULES (DOC) EmergencyJustificationPathAttach2020-00803.pdf 10/21/2020 10/02/2020 01/30/2021
Department of Regulatory Agencies Division of Professions and Occupations - Board of Addiction Counselor Examiners 4 CCR 744-1 BOARD OF ADDICTION COUNSELOR EXAMINERS RULES (DOC) EmergencyJustificationPathAttach2020-00804.pdf 10/23/2020 10/06/2020 02/03/2021
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 1 (DOC) 10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 2 (DOC) EmergencyJustificationPathAttach2020-00809.pdf 10/23/2020 11/07/2020 02/06/2021


Terminated rulemaking

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Department Agency CCR # Tracking # Termination date Reason for termination
Department of Revenue Taxation Division 1 CCR 201-2 2020-00612 10/22/2020 Due to a technicality in the filing of the Notice of Proposed Rulemaking, the Department will be refiling the notice for the regulations referenced below. Because of the statutory requirements of the Administrative Procedures Act, refiling the rules will require rescheduling the September 30 rulemaking hearing.
Department of Revenue Taxation Division 1 CCR 201-2 2020-00613 10/22/2020 Due to a technicality in the filing of the Notice of Proposed Rulemaking, the Department will be refiling the notice for the regulations referenced below. Because of the statutory requirements of the Administrative Procedures Act, refiling the rules will require rescheduling the September 30 rulemaking hearing.
Department of Revenue Taxation Division 1 CCR 201-2 2020-00614 10/22/2020 Due to a technicality in the filing of the Notice of Proposed Rulemaking, the Department will be refiling the notice for the regulations referenced below. Because of the statutory requirements of the Administrative Procedures Act, refiling the rules will require rescheduling the September 30 rulemaking hearing.


Non-Rulemaking Public Notices and Other Miscellaneous Rulemaking Notices

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Department / Agency Filed date Notice
Department of Revenue 10/26/2020 DMV DL Virtual Workshop 1 CCR 204-30 Rule 7
Department of Health Care Policy and Financing 11/09/2020 Home and Community-Based Services (HCBS) Waiver Amendment Public Comment


Calendar of Hearings

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Agency Rule Hearing
Taxation Division INCOME TAX 12/01/2020 10:00 AM
Taxation Division INCOME TAX 12/01/2020 10:00 AM
Taxation Division INCOME TAX 12/01/2020 10:00 AM
Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE WAIVER OF STATUTE AND RULE 01/13/2021 09:00 AM
Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE EDUCATOR LICENSING ACT OF 1991 01/13/2021 09:00 AM
Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE ADULT EDUCATION AND LITERACY GRANT PROGRAM 01/13/2021 09:00 AM
Division of Public School Capital Construction Assistance RULES PERTAINING TO THE ADMINISTRATION OF THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE BOARD 12/17/2020 01:00 PM
Division of Water Resources RULES AND REGULATIONS APPLYING TO WELL PERMITS TO WITHDRAW GROUND WATER PURSUANT TO SECTION 37-90-137(4), C.R.S. 01/20/2021 10:00 AM
Behavioral Health BEHAVIORAL HEALTH 12/04/2020 08:30 AM
Division of Professions and Occupations - Colorado Podiatry Board ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES 12/04/2020 09:00 AM
Division of Professions and Occupations - Colorado Podiatry Board REQUIRED DISCLOSURE TO PATIENTS CONVICTION OF OR DISCIPLINE BASED ON SEXUAL MISCONDUCT 12/04/2020 09:00 AM
Division of Real Estate RULES REGARDING REAL ESTATE BROKERS 12/01/2020 09:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 12/11/2020 10:00 AM
Air Quality Control Commission REGULATION NUMBER 8 CONTROL OF HAZARDOUS AIR POLLUTANTS 01/21/2021 09:00 AM
Health Facilities and Emergency Medical Services Division (1011, 1015 Series) CHAPTER 2 - GENERAL LICENSURE STANDARDS 12/16/2020 10:00 AM
Health Facilities and Emergency Medical Services Division (1011, 1015 Series) CHAPTER 7 - ASSISTED LIVING RESIDENCES 12/16/2020 10:00 AM
Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan) MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 12/11/2020 09:00 AM
Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) CHILD WELFARE SERVICES 12/04/2020 08:30 AM
Commission for the Deaf, Hard of Hearing, and DeafBlind (Volume 27) RULE MANUAL 27, COMMISSION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND 12/04/2020 08:30 AM
  
  
  

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