§ 24-60-2212 — Regulation of fees

Colorado § 24-60-2212

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

(1) All rates, charges, and classifications
made, demanded, or received in the operation of a licensed facility located in the
state of Colorado shall be just and reasonable. Every unjust or unreasonable charge
made, demanded, or received with respect to such operation is prohibited.

(2) The power and authority is hereby vested in the state board of health and
it is hereby made the duty of the board in promoting public health and safety to
adopt necessary rules and regulations to govern and regulate the rates, charges,
and classifications of every facility in this state and to prevent unjust,
unreasonable, and discriminatory rates, charges, and classifications of every such
facility.

(3) (a) Under such rules and regulations as the state board of health may
prescribe, any person operating a facility in this state shall file with the state board
of health, at least sixty days prior to the proposed effective date and in such form
and with such filing fee as the state board of health may designate, proposed
schedules showing all rates, charges, and classifications collected or enforced or to
be collected or enforced. Such rates, when effective, shall be posted and open to
public inspection at the facility.

(b) The board shall make available for public inspection the filing and
supporting information and provide reasonable public notice thereof.

(4) (a) Unless the board otherwise orders, no change shall be made in any
rate, charge, or classification collected or enforced or to be collected or enforced
by a facility except after sixty days of filing with the board. All filings shall be kept
open for public inspection with new schedules stating plainly the changes to be
made in the schedules then in force and the time when the changes will go into
effect.

(b) The board shall not approve or disapprove a filing without a public
hearing. If the board does not disapprove or schedule a hearing on a filing within
sixty days of receipt by the board, the filing shall automatically become effective.

(c) During the sixty-day review period, the board may conclude that it is in
the public interest to hold a public hearing, or an interested person may request a
public hearing by so petitioning the board. Such hearings shall be held in the
manner provided in article 4 of this title.

(5) (a) Whenever the board after a hearing upon its own motion or upon
petition finds, based upon the record and investigation by the board, that the rates,
charges, or classifications collected or enforced or to be collected or enforced by
any facility are unjust, unreasonable, discriminatory, or violative of any provision of
law or that such rates, charges, or classifications are insufficient, the board shall
determine the just, reasonable, or sufficient rates, charges, classifications, rules,
regulations, or practices to be thereafter observed and in force and shall fix the
same by order of the board.

(b) The board has the power, after a hearing upon its own motion or upon
complaint, to investigate a single rate, charge, classification, or practice or the
entire schedule of rates, charges, classifications, or practices of any facility and to
establish new rates, charges, classifications, or practices in lieu thereof.

Legislative History

Source: L. 82: Entire part added, p. 406, � 1, effective July 1.