§ 25-6.5-102 — Requirements for environmental rules - publication

Colorado § 25-6.5-102

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Environmental Control

Text

(1) All
agency policies and guidance, including any amendments or revisions thereto,
relating to the implementation, administration, and enforcement of article 7, 8, 11, or
15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., except
for policies relating to personnel or other internal administrative matters not
directly related to enforceable requirements under such articles, shall be reduced
to writing and published. Three copies shall be filed with the state librarian for the
state publications depository and distribution center. Copies of each such policy or
guidance issued under article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S.,
or article 20 of title 30, C.R.S., shall be made available to the public upon request.
Interpretive rules issued under article 15 of this title shall also be made available to
the public upon request. Each affected agency shall maintain and make available to
the public a current index of all such policies, guidance, and interpretive rules in
effect. Copies of any policy, guidance, interpretive rule, or index shall be provided
to the public at cost.

(2) No policy or guidance referred to in subsection (1) of this section shall
have the force and effect of a rule unless it has been promulgated by the relevant
commission pursuant to the provisions of the State Administrative Procedure Act,
article 4 of title 24, C.R.S., and applicable provisions of article 7, 8, 11, or 15 of this
title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., pertaining to rule-making procedures or authorizing the promulgation of rules, and made available to
the public in accordance with section 24-4-103, C.R.S.

(3) (a) Any policy or guidance, including any amendments or revisions
thereto, may be brought to the attention of the relevant division director and
thereafter may be brought to the relevant commission for review. The review shall
determine whether such policy or guidance is within the statutory authority of the
relevant agency, is consistent with applicable statutes and any applicable
regulations, including the provisions of subsection (1) of this section, and is
appropriate for the relevant commission to undertake rule-making with respect to
the subject matter of the policy or guidance and shall consider other questions
within the scope of the relevant commission's authority related to such policy or
guidance.

(b) Following such review, the commission shall take action or, if appropriate,
refer the matter to the relevant division director to take action within a specified
period of time in accordance with its determination.

(4) Any obligation to submit payment of any monetary penalty arising from
an enforcement action that concerns a matter under review by the relevant
commission shall be stayed until the relevant commission completes its review.

(5) The commission review regarding the policy or guidance shall not
constitute an adjudication of any facts of a specific enforcement action.

(6) Failure to request a review under this section shall not be considered in
any permit appeal or enforcement action.

(7) As used in this section:

(a) Relevant commission means the commission or agency responsible for
the promulgation of rules for the environmental program under which the guidance
or policy is issued.

(b) Relevant division director means the director of the division within the
department of public health and environment, responsible for the subject matter of
the guidance or policy at issue.

Legislative History

Source: L. 94: Entire article added, p. 1364, � 1, effective July 1. L. 96: (1) and (2) amended, p. 1471, � 20, effective June 1.