COLORADO SECRETARY OF STATE

8 CCR 1505-9
Rules for the Administration of the Colorado Charitable Solicitations Act

Rules as Adopted – Clean
June 10, 2015

(Italic blue font text indicate publication notes and annotations )
[Current 8 CCR 1505-9 is amended as follows:]
Amendments to Rule 1.2 concerning the definition of “agent”:
1.2	“Agent” means an individual who, by the principal’s written authority, transacts business or manages affairs for the principal, and provides an accounting to the principal. “Agent” includes “subcontractors.”
Repeal annotation concerning expired Rule 1.17.
Renumbering and amendments to Rule 1.18 defining “State Elections Commission”:
1.17	"State Elections Commission" includes, for purposes of section 6-16-104(6)(b), C.R.S., the Secretary of State’s Campaign and Political Finance Program.
Repeal Rule 1.19 defining “street address” and renumber Rule 1.20:
1.18	"Subcontractor," as used in these rules, includes the agent but not employee of a paid solicitor who solicits on behalf of the paid solicitor for the benefit of a charitable organization that contracted with the paid solicitor.
Amendments to Rule 3.
3.1	Upon receipt of a request for hearing in accordance with section 6-16-111(6)(b), C.R.S., the Secretary of State will set and give notice of the hearing by certified mail within five business days of the receipt. The Secretary will set the hearing no sooner than 20 and no later than 45 days after the mailing of the notice.
3.2	For good cause shown, the Secretary of State may continue a proceeding for no more than 15 days.
3.3	The Secretary will conduct and conclude all hearings in a timely manner and will take final agency action no later than the tenth day following the hearing.
Amendments to the title of Rule 5.2 concerning amending financial estimates in initial registrations:
5.2	Filing amendments to financial estimates.
Amendments to Rule 5.2.1 concerning amending good faith estimates when organization does not have an IRS extension:
5.2.1	A charitable organization that failed to file a deadline extension with the IRS but reported estimated financial information on its initial registration statement must amend its registration statement and provide its actual financial information by the 15th day of the fifth calendar month after the close of the fiscal year reported on the initial registration statement.
Amendments to Rule 5.2.2 concerning amending good faith estimates when organization has an IRS extension:
5.2.2	A charitable organization that files a deadline extension with the IRS and reported estimated financial information on its initial registration statement must amend its registration statement and provide its actual financial information by the 15th day of the eighth calendar month after the close of the fiscal year reported in the initial registration statement.
Amendments to Rule 5.4 and subrule 5.4.1 concerning fines:
5.4	The Secretary may impose a fine on a charitable organization that fails to timely request an extension.
5.4.1	To avoid incurring fines, charitable organizations must:
(a)	Replace initial estimated financial information with actual financial information;
(b)	File a registration renewal; or
(c)	File an extension on or before the filing deadline.
Amendment to Rule 5.5 concerning fines:
5.5	If a charitable organization, at the time of initial registration, reports financial information outside of the most recently completed fiscal year, the Secretary of State will approve the initial registration but the organization must file a renewal or extension request within five days from the initial registration approval. If the organization fails to file a renewal or extension within the five day period, the Secretary will mark the organization’s status as “delinquent” and notify the organization that it must update the information or it will be subject to fines and possible suspension or revocation.
Amendment to Rule 5.6 concerning charitable organizations requesting deadline extensions:
5.6	A charitable organization may request a deadline extension for renewing a registration or for filing an amendment to replace estimated with actual financial information. Filing an extension with the IRS or submitting a copy of the request (such as IRS Form 8868) to the Secretary of State is not sufficient to extend a filing deadline. The Secretary of State will not consider requests to waive fines on the grounds that the organization filed for an extension with the IRS but neglected to file an extension with the Secretary of State.
Amendment to Rule 5.7 concerning fines for professional fundraising consultants and paid solicitors:
5.7	Professional fundraising consultant or paid solicitor registration is valid for one year. The fundraising consultant or paid solicitor must annually file a registration renewal by the anniversary date. The anniversary date is the day and month the initial registration was approved, or the day and month the most recent reinstatement was approved. Failure to renew a registration on or before the anniversary date will result in a fine and possible suspension or revocation.
Amendments to Rule 5.9 concerning paid solicitors:
5.9	A paid solicitor must file a solicitation notice no later than 15 days before a solicitation campaign starts. Failure to file will result in a fine and possible suspension or revocation.
Amendments to Rule 6.1 and its subrules 6.1.1 and 6.1.2 concerning fines for registrants:
6.1	The Secretary will assess the following fines:
6.1.1	The fine for a charitable organization is $60 per overdue report and applies to an overdue renewal and overdue update of estimated financial information.
6.1.2	The fine for a professional fundraising consultant or paid solicitor is $200 per overdue report and applies to an overdue renewal, overdue solicitation notice, and overdue campaign report.
Repeal Rule 6.1.3.
Repeal Rule 6.1.4.
Amendments to Rule 8.2 concerning fines and waivers for registrants:
8.2	A charitable organization, professional fundraising consultant, or paid solicitor that fails to timely file a document must either pay the outstanding fine or obtain a waiver as described in Rule 6.5 before the Secretary of State will approve a registration withdrawal.
Amendments to Rule 9.2.2 concerning fines for organizations not exemption from registration:
9.2.2	An organization that was not exempt from registration for all fiscal years since its registration was withdrawn must file a renewal for each fiscal year that it was subject to the CCSA registration requirement and pay all applicable fines.
Rules 9.3 and 9.4 concerning fines for suspended registrants are consolidated into Rule 9.3 and amended:
9.3	Reinstatement requirements
9.3.1	A suspended charitable organization, professional fundraising consultant, or paid solicitor must: 
(a)	Cure the deficiency; and
(b)	Pay all applicable fines for all years that it was suspended and subject to CCSA registration requirements.
9.3.2	A paid solicitor must file solicitation notices and campaign reports and pay all applicable fines for solicitation campaigns conducted during suspension.