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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  2019-00309

CCR details

Tracking Number 2019-00309
Type of Filing Emergency
Department 500,1008,2500 Department of Human Services
Agency 2506 Food Assistance Program (Volume 4B)
CCR Number 10 CCR 2506-1

Proposed rule

Additional Information
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)
Purpose/Objective of Rule Section 26-2-304, C.R.S. became effective in May, 2019. The statute allows the Food Assistance program to 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 rule to demonstrate compliance with federal fair hearings timeliness to mitigate fiscal sanctions that will be imposed if the Food Assistance program cannot demonstrate this compliance by October 31, 2019. It is imperatively necessary for these changes to rule to be effective immediately as if the rule were to run through the regular, non-emergency process, the state would likely be subject to significant fiscal sanctions which would be contrary to the public interest.
Basis And Purpose BasisAndPurposeAttachment2019-00309.doc
Regulatory analysis RegulatoryAnalysisAttachment2019-00309.doc
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
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 AdoptedRules02019-00309.doc
Redline Redline2019-00309.doc
Emergency Justification EmergencyJustificationPathAttach2019-00309.doc
Adopted Date 07/02/2019
Emergency AGO requested date 07/02/2019
Attorney General Opinion 07/16/2019
Colorado Register publication date 08/10/2019
Effective Date 07/02/2019
Inserted into CCR 07/19/2019