| Notice Filed with SOS |
01/15/2021 |
| Rule |
ProposedRuleAttach2021-00034.pdf |
| Additional Information |
AddInfoAttach2021-00034.pdf |
| Statutory Authority |
§§ 43-1-105(6) and 42-20-205, C.R.S. |
| Description of Subjects/Issues |
Senate Bill 20-118 went into effect January 1, 2021, transferring the function of issuing permits for the transportation of hazardous and nuclear materials by motor vehicle from the Public Utilities Commission to the Colorado Department of Transportation. For compliance with Senate Bill 20-118, the Executive Director adopted emergency rules on January 4, 2021, to ensure the safe transport of hazardous and nuclear materials through the issuance and enforcement of permits. The specific purpose of this rulemaking is to consider permanently adopting the emergency rules that were promulgated on January 4, 2021, and which establish specific procedures concerning the suspension and revocation of permits. The Department proposes to establish key defined terms in Chapter 2 of these Rules to aid in the interpretation and enforcement of these Rules. The Department proposes to set forth the specific requirements for the suspension or revocation of permits in Chapter 3 of these Rules. The Department proposes to establish the process for hearings and appeals regarding the suspension and revocation of permits in Chapter 4 of these Rules. The Department proposes to allow petitions for a declaratory order in order to increase transparency for the public and in compliance with § 24-4-105(11), C.R.S. Finally, the Department proposes minor technical or grammatical changes to the emergency rules. |
| Purpose/Objective of Rule |
Senate Bill 20-118 was enacted into law transferring the function of issuing permits for the transportation of hazardous and nuclear materials by motor vehicle from the Public Utilities Commission to the Department. The statutory basis and purpose of these Rules is to establish the specific procedures for the suspension or revocation of permits pursuant to §§ 24-4-104 and 24-4-105, C.R.S. Given hazardous and nuclear materials create a significant potential risk to the public health, safety and welfare and for compliance with Senate Bill 20-118, the Executive Director adopted emergency rules on January 4, 2021, to ensure the safe transport of hazardous and nuclear materials through the issuance and enforcement of permits. The specific purpose of this rulemaking is to consider permanently adopting the emergency rules that were promulgated on January 4, 2021, and which establish specific procedures concerning the suspension and revocation of permits. The Department proposes to establish key defined terms in Chapter 2 of these Rules to aid in the interpretation and enforcement of these Rules. The Department proposes to set forth the specific requirements for the suspension or revocation of permits in Chapter 3 of these Rules. The Department proposes to establish the process for hearings and appeals concerning the suspension and revocation of permits in Chapter 4 of these Rules. The Department proposes to allow petitions for a declaratory order in order to increase transparency for the public and in compliance with § 24-4-105(11), C.R.S. Finally, the Department proposes minor technical or grammatical changes to the emergency rules. |
| Basis And Purpose |
BasisAndPurposeAttachment2021-00034.pdf
|
| Comments |
The hearing will be held online only to comport with the state's social distancing guidelines. Please register for the virtual rulemaking hearing through the below link.
https://attendee.gotowebinar.com/register/6401756231942080270
After registering, you will receive a confirmation email containing information about joining the webinar.
Interested parties may also register for the virtual rulemaking hearing on the Department of Transportation’s website at https://www.codot.gov/business/rules/proposed-rules.html.
The Emergency Rulemaking can be found at Tracking No. 2021-00002. |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
SB20-118
|
| Hearing Date |
02/19/2021 |
| Hearing Time |
02:00 PM |
| Hearing Location |
Department of Transportation Headquarters, 2829 W. Howard Place Denver, CO 80204, Virtual Rulemaking Hearing Only |
| Contact Name |
Natalie Lutz |
| Contact Title |
Rules, Policies and Procedures Administrator |
| Contact Telephone |
303-757-9441 |
| Contact email |
natalie.lutz@state.co.us |