DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
CONSERVATION EASEMENTS
4 CCR 725-4

EMERGENCY RULE

B-1 SEPARATION OF THE PAYMENT FOR THE INITIAL CERTIFICATION FEE

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of proposed rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Division of Real Estate (the “Division”) to promulgate rules, or to amend, repeal or repeal and re-enact the present rules of the Division regarding the conservation easement certification program.

Section 1.   Authority
Section 2.   Scope and Purpose
Section 3.   Applicability
Section 4.   Definitions
Section 5.   B-1 Separation of the Payment for the Initial Certification Fee
Section 6.   Effective Date

Section 1.	Authority

The Division of Real Estate adopts the following emergency rule entitled, B-1 Separation of the Payment for the Initial Certification Fee, according to the authority found in section 12-61-720 (11) C.R.S.

Section 2.	Scope and Purpose

The Director of the Division finds that immediate adoption of this rule is imperatively necessary for the preservation of public health, safety or welfare and that compliance with the rulemaking requirements of section 24-4-103, C.R.S., applicable to non-emergency rules, would be contrary to the public interest.  Without the immediate adoption of this emergency rule, the public’s interest is not served.  Wherefore, the Director, pursuant to section 24-4-103(6), C.R.S. has an obvious and stated need to adopt this rule.

Pursuant to section 12-61-720 (11), C.R.S., the Division shall have the authority to promulgate rules for the conservation easement certification program.  The specific purpose of this emergency rule is to define a process in which an applicant for certification can pay the initial certification fee in two portions. 

Section 3.	Applicability

This rule applies to any nonprofit entity and any government entity that holds conservation easements for which a tax credit is claimed pursuant to section 39-22-522, C.R.S. 

Section 4.	Definitions

“Full application” means the organizational profile and the comprehensive application.

Section 5.	B-1 Separation of the Payment for the Initial Certification Fee

The initial certification fee prescribed by the Division may be paid by the applicant in two payments accompanying the two parts of the full application.  The first portion of the application fee is required to be submitted with the Organizational Profile.  The second portion of the certification fee is required to be submitted with the Comprehensive Application. 

Section 6.	Effective Date

This emergency rule is effective January 25, 2010.