C09-0194Decision No. C09-0194
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
09R-137TRDOCKET NO. 09R-137TR
IN THE MATTER OF THE EMERGENCY RULES FOR FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:	February 25, 2009
Adopted Date:	February 25, 2009
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing amendments to fingerprint-based criminal history record check requirements under House Bill 08-1227.
2.	Existing emergency rules adopted in Decision No. C08-0669 expire on February 25, 2009.  The permanent rulemaking in Docket No. 08R-478TR, pertaining to fingerprint and various other transportation rules, is not complete (the recommended decision adopting permanent rules was mailed on February 19, 2009, and is subject to the filing of exceptions).
3.	Because the Commission’s permanent rules are not yet final and emergency rules are set to expire, 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.
4.	We find that adoption of the emergency rules is imperative and necessary to implement the requirements of the bill and to avoid a gap in our rules.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
5.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24‑4‑103(6), C.R.S.
6.	The rules attached to this Decision shall be effective on the mailed date of this Decision and shall remain in effect until permanent rules become effective or for 210 days from their effective date, 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 the mailed date of this Decision.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
February 25, 2009.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________
	Commissioners
	
	COMMISSIONER JAMES K. TARPEY
ABSENT.
	
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