C08-0268Decision No. C08-0268
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-084TRDOCKET NO. 08R-084TR
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS UNDER HOUSE BILLS 07-1065 AND 07-1249.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:	March 12, 2008
Adopted Date:	March 12, 2008
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing fingerprint-based criminal history record checks under House Bills 07-1065 and 07-1249.
2.	By Decision No. C07-0565, we adopted emergency rules implementing House Bills 07-1065 and 07-1249.   The emergency rules were subsequently amended by Decision No. C07-0700 after rehearing, reargument, or reconsideration.  The emergency rules adopted by these decisions will expire on March 14, 2008.
3.	By Decision No. C07-0742, we issued a Notice of Proposed Rulemaking to adopt permanent rules implementing House Bills 07-1065 and 07-1249.  However, permanent rules have not been adopted because the permanent rulemaking process is not complete.
4.	If this decision does not adopt emergency rules by March 14, 2008, there will no longer be any rules implementing House Bills 07-1065 and 07-1249.  Therefore, we now adopt on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the emergency rules appended to this Decision as Attachment A.
5.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
6.	We find that adoption of the emergency rules is imperative and necessary to implement the requirements of House Bills 07-1065 and 07-1249.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
7.	The rules attached to this order shall be effective on March 14, 2008, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.
2.	The attached rules shall be effective on March 14, 2008.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
March 12, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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	Commissioners
	
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