§ 27-90-103 — State board of human services - rules

(1) The state board of
human services, created in section 26-1-107, C.R.S., is authorized to adopt board
rules as necessary to implement the programs administered and the services
provided by the department as provided in this title. The rules shall be promulgated
in accordance with the provisions of section 24-4-103, C.R.S.

(2) Board rules are rules promulgated by the state board of human services
governing:

(a) Program scope and content;

(b) Requirements, obligations, and rights of clients and recipients;

(c) Nonexecutive director rules concerning vendors, providers, and other
persons affected by acts of the department.

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of board rules shall continue to be effective until revised, amended, or repealed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

(b) Any rules adopted by the state board to implement the provisions of this
title 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director rules shall continue to be effective until revised, amended, or repealed by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.

(4) Whenever a statutory grant of rule-making authority in this title refers to
the department, the state department, or the department of human services, it shall
mean the department of human services acting through either the state board of
human services or the executive director. When exercising rule-making authority
under this title, 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 this section and executive director
rules as set forth in section 27-90-102.

Legislative History

Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 758, � 2, effective April 29.