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Code of Colorado Regulations eDocket
Details of Tracking Number
2018-00245
CCR details
| Tracking Number |
2018-00245 |
| Type of Filing |
Emergency |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2503 Income Maintenance (Volume 3) |
| CCR Number |
9 CCR 2503-9 |
| CCR Title |
COLORADO CHILD CARE ASSISTANCE PROGRAM |
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Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
26-1-107, C.R.S. (2015)
26-1-109, C.R.S. (2015)
26-1-111, C.R.S. (2015)
Section 26-1-107, C.R.S.
Section 26-2-805, C.R.S. |
| Purpose/Objective of Rule |
The Department must set the income eligibility for the CCCAP program. The state has flexibility to set these limits, as long as they do not exceed 85% of the state median income level, as determined in the LIHEAP federal information memo.
Annually, the Department updates the federal poverty levels and the state median income levels in CHATS (the automated system used by counties to administer CCCAP). Typically, the new federal poverty guidelines are released sometime in January every year, but the CCCAP program must adhere strictly to the LIHEAP State Median Income limits, which are effective every October 1. This update happens to also align with other federal fiscal programs that operate on the federal fiscal year (October 1) and the staggered timeframe also allows time for the OIT team to input the new federal poverty levels into the CHATS system.
The Department removed the reference to actual income levels in the rule package that went into effect in February 2016, in an effort to simplify rule and reduce the need to amend the rule annually with the new income guidelines. These guidelines are now published on the OEC website and established every year through an Operational Memo to the counties.
It has come to our attention that because these income guidelines are not in rule, the state is not in compliance with the Administrative Procedure Act, § 24-4-103, which requires the state to address in rule any general standard that is applied to the public (such as income eligibility for child care assistance). |
| Basis And Purpose |
BasisAndPurposeAttachment2018-00245.pdf
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| Regulatory analysis |
RegulatoryAnalysisAttachment2018-00245.pdf
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| Comments |
18-05-16-01 |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Contact Name |
Erin Mewhinney |
| Contact Title |
Rule Author |
| Contact Telephone |
303-866-5946 |
| Contact email |
erin.mewhinney@state.co.us |
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Adopted rule
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