COLORADO SECRETARY OF STATE

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

Rules as Adopted – Redline
June 10, 2015

Please note the following formatting key:
Font effect	Meaning	
Sentence case	Retained/modified current rule language	
Small caps	New language	
Strikethrough	Deletions	
Italic blue font text	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, and on the account of the principal, transacts business or manages affairs for the principal, and who is required to render an account of the business or affair provides an accounting to the principal. “agent” “Agent” includes “subcontractors.”
Repeal annotation concerning expired Rule 1.17:
1.17	[Expired 05/15/2014 per House Bill 14-1123]
Renumbering and amendments to Rule 1.18 defining “State Elections Commission”: 
1.18 1.17	"State Elections Commission" means, includes, for the 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: 
1.19 	"Street Address" has the same meaning as in section 7-90-102(62), C.R.S.
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 notice from the Secretary of State that a registration has been denied or is subject to suspension or revocation, the aggrieved party may request a hearing within five calendar days after receipt of notice.
3.2 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 calendar days after the mailing of the notice.
3.3 3.2	The Secretary may, forFor good cause shown, the Secretary of State may continue a proceeding under section 6‑15‑111(6), C.R.S., and this Rule 3 for a period as brief as practicable and, in no case, for no more than 15 days.
3.4 3.3	The Secretary must will conduct and conclude all hearings in a timely manner and must 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 registration 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	If aA charitable organization does notthat failed to file a deadline extension with the IRS, a charitable organization that but reported estimated financial information on its initial registration statement must amend its registration statement withand 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	If a A charitable organization that files a deadline extension with the IRS and reported estimated financial information on its initial registration statement, it must file necessary amendments to amend its registration statement and provide its actual financial information by the 15th day of the eighth calendar month after the close of each the fiscal year in which the charitable organization solicited in Colorado 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 late fee fine on a charitable organization that fails to timely request an extension.
5.4.1	To avoid incurring late fees 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 late fees 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. This option is not available to professional fundraising consultants or paid solicitors. The organization must file the extension request electronically on the Secretary of State’s website. 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 late filing fees 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 may must annually renew registration by filing file a registration renewal by the anniversary date. The anniversary date each year will be is the day and month the initial registration was approved, or the day and month the most recent reinstatement was approved. A professional fundraising consultant or paid solicitor who fails Failure to renew a registration on or before the anniversary date is subject to a late fee 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 completed solicitation notice no later than 15 days before a solicitation campaign starts. Failure to file will subject the paid solicitor to a late fee and up to 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 a late fee if a charitable organization, professional fundraising consultant, or paid solicitor who fails to properly renew or update a registration, file a solicitation notice, or file a financial report of a solicitation campaign after being sent at least two notices. The Secretary will assess the late fee for an overdue solicitation campaign financial report against the paid solicitor and not the charitable organization in accordance with section 6-16-114, C.R.S.the following fines:
6.1.1	The late fee 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 late fee fine for a professional fundraising consultant or paid solicitor is $200 per overdue report and applies to an overdue renewal or, overdue solicitation notice, and overdue campaign report.
Repeal Rule 6.1.3: 
6.1.3	If a charitable organization, professional fundraising consultant, or paid solicitor is assessed a late fee, the late fee is in addition to the regular filing fee.
Repeal Rule 6.1.4: 
6.1.4	To become compliant, and to avoid additional late fees or other possible penalties, a charitable organization, professional fundraising consultant, or paid solicitor must file all past due documents in sequence from oldest to newest.
Amendments to Rule 8.2 concerning fines and waivers for registrants:
8.2	A charitable organization, professional fundraising consultant, or paid solicitor that incurs a late fee for failure fails to timely file a document on time must either pay the outstanding late fee fine or obtain a waiver of late fee as described in Rule 6, 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	If the An organization that was not exempt from registration for all fiscal years since its registration was withdrawn, it must pay any applicable late fees for all years during which it was delinquent or suspended and retroactively renew its registrationfile 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	Before reinstatement, a A suspended charitable organization, professional fundraising consultant, or paid solicitor must: 
(a)	correct Cure the deficiency for which it was suspended,; and, 
(b)	if it was subject to the registration requirements of the CCSA during the suspension period, it must retroactively renew its registration and pay Pay all applicable late fees fines for all years during which that it was delinquent or suspended and subject to CCSA registration requirements.
9.4 9.3.2	Before reinstatement, a A paid solicitor must file solicitation notices and campaign reports and pay all applicable late fees fines for solicitation campaigns conducted while registration was suspended during suspension.