FINDINGS AND STATEMENT OF REASONS FOR ADOPTION OF TEMPORARY/EMERGENCY RULES

The Colorado State Personnel Board's Rules and Director’s Administrative Procedures (collectively, “Rules”) are found at 4 CCR 801.  On January 2, 2012, the State Personnel Board repealed and amended some current rules and adopted temporary/emergency rules.  The Board is exercising its rulemaking authority as granted under the Colorado Constitution, Art. XII, § 13, 14, and 15, and section 24-50-101, C.R.S., et seq.  

The purpose of the Board in adopting the temporary/emergency rules was to amend the rules consistent with Amendment S’s changes to the state personnel system, which went into effect on January 2, 2013.  

The Board repealed and adopted on a temporary/emergency basis rules contained within 4 CCR 801, as follows:

The Board repealed the following rules contained within 4 CCR 801:  

Chapter 1, “Organization, Responsibilities, Ethics, Payroll Deduction, And Definitions”:  Rules 1-38.2; 1-43; 1-46; 1-54; 1-55; 1-56.1; 1-62.2; 1-62.3; 1-62.4; and 1-64.1. 

 Chapter 8, “Dispute Resolution”:  Rules 8-42 and 8-53(B).

The Board amended the following rules contained within 4 CCR 801:

Chapter 1, “Organization, Responsibilities, Ethics, Payroll Deduction, And Definitions”:  Rule 1-61.

Chapter 8, “Dispute Resolution”:  Rules 8-46(A) and 8-53.

The Board adopted the following rules contained within 4 CCR 801:

Chapter 8, “Dispute Resolution”:  Rule 8-46.1.

The Board repealed the current rules and adopted the following rules contained within 4 CCR 801, as proposed:

Chapter 4, “Employment and Status.”

The Board finds, as required by section 24-4-103(6)(a), C.R.S., that immediate adoption of the rules is imperatively necessary to comply with state law and that compliance with the requirements of section 24-4-103, C.R.S., would be contrary to the public interest.

The specific authority of the State Personnel Board to promulgate these rules is found at Article XII, sections 13 and 14 of the Colorado Constitution; the State Personnel System Act, section 24-50-101, et seq., C.R.S.; and sections 24-4-103, -105 and -106, C.R.S.; Spahn v. State Department of Personnel, 615 P.2d 66 (Colo. App. 1980); and CAPE v. Lamm, 677 P.2d 1350 (Colo. 1984).

	The temporary/emergency rules were effective January 2, 2013, and will remain in effect for no more than 120 days.

Dated this 2nd day of
January, 2013.	_____________________________________
						Rich Djokic, Chair, State Personnel Board