§ 26-1-108 — Powers and duties of the executive director - rules

(1) Executive
director rules shall be solely within the province of the executive director and shall
include the following:

(a) Rules governing matters of internal administration in the state
department, including organization, staffing, records, reports, systems, and
procedures, and also governing fiscal and personnel administration for the state
department and establishing accounting and fiscal reporting rules for
disbursement of federal funds, contingency funds, and proration of available
appropriations except those determinations precluded by authority granted to the
state board.

(b) (Deleted by amendment, L. 97, p. 1183, � 3, effective July 1, 1997.)

(c) (Deleted by amendment, L. 93, p. 1110, � 23, effective July 1, 1994.)

(1.5) (Deleted by amendment, L. 97, p. 1183, � 3, effective July 1, 1997.)

(1.7) (a) The executive director has the authority to adopt executive director
rules for programs administered and services provided by the state department as
set forth in this title 26. Such rules shall be promulgated in accordance with the
provisions of section 24-4-103.

(b) Any rules adopted by the state board to implement the provisions of this
title 26 prior to March 25, 2009, whose content meets the definition of executive
director rules shall continue to be effective until revised, amended, or repealed by
the executive director.

(1.8) Whenever a statutory grant of rule-making authority in this title 26
refers to the state department or the department of human services, it means the
state department acting through either the state board or the executive director or
both. When exercising rule-making authority under this title 26, the state
department, either acting through the state board or the executive director, shall
establish rules consistent with the powers and the distinction between board
rules as set forth in section 26-1-107 and executive director rules as set forth in
this section.

(2) The rules issued by the executive director pertaining to this title shall be
binding upon the several county departments, providers, vendors, and agents of the
state department. At any public hearing relating to a proposed rule making,
interested persons shall have the right to present their data, views, or arguments
orally. Proposed rules of the executive director shall be subject to the provisions of
section 24-4-103, C.R.S.

(3) (Deleted by amendment, L. 93, p. 1109, � 23, effective July 1, 1994.)

Legislative History

Source: L. 73: R&RE, p. 1162, � 1. C.R.S. 1963: � 119-1-7. L. 76: (1)(c)(V) added, p. 664, � 1, effective April 30. L. 79: (1)(a) amended, p. 1089, � 1, effective June 7. L. 93: Entire section amended, p. 1110, � 23, effective July 1, 1994. L. 94: (1)(a) and (2) amended, p. 2611, � 14, effective July 1. L. 97: Entire section amended, p. 1183, � 3, effective July 1. L. 2009: Entire section amended, (SB 09-044), ch. 57, p. 205, � 4, effective March 25. L. 2022: (1.7) and (1.8) amended, (HB 22-1278), ch. 222, p. 1517, � 80, effective July 1.