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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2019-00279


CCR details

Tracking Number 2019-00279
Type of Filing Permanent Rule
Department 500,1008,2500 Department of Human Services
Agency 2506 Food Assistance Program (Volume 4B)
CCR Number 10 CCR 2506-1
CCR Title RULE MANUAL VOLUME 4B, FOOD ASSISTANCE

Proposed rule

Notice Filed with SOS 06/27/2019
Rule ProposedRuleAttach2019-00279.doc
Statutory Authority 26-1-107, C.R.S. (2016), 26-1-109, C.R.S. (2016), 26-1-111, C.R.S. (2016), 26-2-301 (2017), C.R.S., 26-2-302 (2017), C.R.S., 26-2-304 (2019), C.R.S., 26-2-301.5(2)(a) (2016), C.R.S., Agricultural Act of 2014 (Public Law 113-79)
Applicable Federal Provisions Agricultural Act of 2014 (Public Law 113-79)
Description of Subjects/Issues In May 2019, 26-2-304, C.R.S. (2019) was passed in legislation to require the State department to require any party to file a notice of intent to file exceptions with the state department, in writing, within five days after service of the initial decision upon the party, or otherwise forgo the ability to file exceptions. Food Assistance must incorporate this language into our rules as this legislation was effective immediately. These changes are due to new Colorado state legislation to meet Food Assistance fair hearings timeliness standards prescribed by the federal Food and Nutrition Service (FNS).
Purpose/Objective of Rule In May 2019, 26-2-304, C.R.S. (2019) was passed in legislation so that the State Department can require any party to a Food Assistance hearing to file a notice of intent to file exceptions, in writing, within five days after service of the initial decision upon the party, or otherwise forgo the ability to file exceptions. Food Assistance needs incorporate this language into our rules as this state legislation was effective immediately and the program needs to demonstrate compliance to Food and Nutrition Service (FNS) by October 31, 2019. This permanent rule adopts rules previously adopted on a temporary/emergency basis on July 2, 2019.
Basis And Purpose BasisAndPurposeAttachment2019-00279.doc
Regulatory analysis RegulatoryAnalysisAttachment2019-00279.doc
Comments See attachment for detailed description. CDHS holds 2 public hearings, an initial and final, for each proposed rule packet. The initial hearing allows the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Emergency rules (ER) are adopted immediately or prior to a final read on a temporary basis and are permanently adopted at a second hearing, usually the month after the initial hearing. This hearing will be to permanently adopt ER adopted 7/2/2019. Meeting dates:https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number SB19-245
Hearing Date 08/09/2019
Hearing Time 08:30 AM
Hearing Location 522 Lincoln Avenue, 3rd Floor, Steamboat Springs, CO 80484
Contact Name Andrea Poole
Contact Title SNAP Policy Supervisor
Contact Telephone 303.866.4748
Contact email andrea.poole@state.co.us

Adopted rule

Adopted Rules AdoptedRules02019-00279.doc
Redline Redline2019-00279.doc
Adopted Date 08/09/2019
AGO requested date 08/15/2019
Attorney General Opinion 08/26/2019
Colorado Register publication date 09/10/2019
Effective Date 10/01/2019
Inserted into CCR 09/27/2019