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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   2019-00583


CCR details

Tracking Number 2019-00583
Type of Filing Permanent Rule
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

Proposed rule

Notice Filed with SOS 09/27/2019
Rule ProposedRuleAttach2019-00583.doc
Statutory Authority 26-1-107, C.R.S. (2019), 26-1-109, C.R.S. (2019)26-1-111, C.R.S. (2019), 26-2-805, C.R.S. (2019), 45 CFR 98.42, section 658E(c)(5)
Description of Subjects/Issues Annually, the Department updates the Federal Poverty Levels and the State Median Income levels in rule and in CHATS (the automated system used by counties to administer Colorado Child Care Assistance Program (CCCAP)) to align with each federal fiscal year. These guidelines are used to determine eligibility for families applying to the CCCAP program and must be current to comply with federal law. Additionally, these updated figures must be in rule in accordance with Administrative Procedure Act, § 24-4-103(12.5) to avoid an improper incorporation by reference. Finally, if the current levels are not reflected in rule, individuals applying for CCCAP will not have accurate information to know whether or not they qualify which can lead to applicant and county confusion, as well as inconsistent determinations regarding income eligibility for child care assistance.
Purpose/Objective of Rule Annually, the Department updates the Federal Poverty Levels and the State Median Income levels in rule and in CHATS (the automated system used by counties to administer Colorado Child Care Assistance Program (CCCAP)) to align with each federal fiscal year. These guidelines are used to determine eligibility for families applying to the CCCAP program and must be current to comply with federal law. Additionally, these updated figures must be in rule in accordance with Administrative Procedure Act, § 24-4-103(12.5) to avoid an improper incorporation by reference. Finally, if the current levels are not reflected in rule, individuals applying for CCCAP will not have accurate information to know whether or not they qualify which can lead to applicant and county confusion, as well as inconsistent determinations regarding income eligibility for child care assistance. The updated Federal Poverty Levels and State Median Income levels must be in effect at the beginning of the federal fiscal year, October 1st, in order to comply with federal regulations. This permanent adoption follows emergency adoption 2019-00483.)
Basis And Purpose BasisAndPurposeAttachment2019-00583.doc
Regulatory analysis RegulatoryAnalysisAttachment2019-00583.doc
Comments CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing 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, and are permanently adopted at a second hearing, usually the month after the initial hearing. This hearing will be to permanently adopt ER 2019-00483 adopted 9/6/2019. Meeting dates:https://www.colorado.gov/pacific/cdhs-boardscommitteescollaboration/ state-board-human-services
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 11/08/2019
Hearing Time 08:30 AM
Hearing Location 1575 Sherman Street, Denver, CO 80203
Contact Name Tamara Schmidt
Contact Title CCCAP Director
Contact Telephone 303.866.4556
Contact email tamara.schmidt@state.co.us

Adopted rule

Adopted Rules AdoptedRules02019-00583.doc
Adopted Date 11/08/2019
AGO requested date 11/12/2019
Attorney General Opinion 11/22/2019
Colorado Register publication date 12/10/2019
Effective Date 12/30/2019
Inserted into CCR 12/13/2019
  
  
  
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