Authenticated PDF version - Colorado Secretary of State

Authenticated PDF version - Colorado Secretary of State
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Colorado Register
39 CR 23
Volume 39 , No. 23
December 10, 2016
6/27
Introduction
The Colorado Register is published pursuant to C.R.S. 24-4-103(11) and is the
sole official publication for state agency notices of rule-making, proposed rules, attorney
general's opinions relating to such rules, and adopted rules. The register may also
include other public notices including annual departmental regulatory agendas
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"Rule" means the whole or any part of every agency statement of general
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setting forth the procedure or practice requirements of any agency. "Rule" includes
"regulation". C.R.S. 24-4-102(15). Adopted rules are effective twenty days after the
publication date of this issue unless otherwise specified.
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adopted rules that are filed from the first through the fifteenth are published on the
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For questions regarding the content and application of a particular rule, please
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Colorado Register, Vol. 39, No. 23, December 10, 2016
2
Notice of Proposed Rulemaking
Tracking number
2016-00595
Department
300 - Department of Education
Agency
303 - Division of Public School Capital Construction Assistance
CCR number
1 CCR 303-1
Rule title
RULES PERTAINING TO THE ADMINISTRATION OF THE PUBLIC SCHOOL CAPITAL
CONSTRUCTION ASSISTANCE BOARD
Rulemaking Hearing
Date
Time
01/05/2017
01:45 PM
Location
201 E. Colfax Rm 101, Denver, CO 80203
Subjects and issues involved
Revisions to the permanent rules on the subject of the Public School Facility Construction
Guidelines - 1 CCR 303(1) regarding specific dates for documents that are incorporated by
reference.
Statutory authority
The Rules are proposed pursuant to § 22-43.7-106(2)(i)(I) C.R.S., which provides that the Capital
Construction Assistance Board may promulgate rules, in accordance with Article 4 of Title 24,
C.R.S., as are necessary and proper for the administration of the BEST Act. The Board is
directed to establish Public School Facility Construction Guidelines in rule pursuant to §22-43.7107(1)(a), C.R.S.
Contact information
Name
Ashley
Telephone
303-866-2153
Title
Moretti
Email
[email protected],state.co.us
Colorado Register, Vol. 39, No. 23, December 10, 2016
COLORADO DEPARTMENT OF EDUCATION
DIVISION OF PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE
1 CCR 303-1
PUBLIC SCHOOL FACILITY CONSTRUCTION GUIDELINES
Article 1 – Purpose and Authority to Promulgate Rules
1.1. Purpose
1.1.1.Section 22-43.7-107(1)(a), C.R.S. states, The board shall establish public school facility construction
guidelines for use by the board in assessing and prioritizing public school capital construction needs
throughout the state as required by section 22-43.7-108, C.R.S. reviewing applications for financial
assistance, and making recommendations to the state board regarding appropriate allocation of awards
of financial assistance from the assistance fund only to applicants. The board shall establish the
guidelines in rules promulgated in accordance with article 4 of title 24, C.R.S.
1.1.2.Section 22-43.7-107(1)(b), C.R.S. states, It is the intent of the general assembly that the Public School
Facility Construction Guidelines established by the board be used only for the purposes specified in
section 1.1.1 above.
1.1.3.The Public School Facility Construction Guidelines shall identify and describe the capital construction,
renovation, and equipment needs in public school facilities and means of addressing those needs that
will provide educational and safety benefits at a reasonable cost.
1.2. Statutory Authority
1.2.1.Section 22-43.7-106(2)(i)(I) C.R.S. states, the board may promulgate rules in accordance with article 4
of title 24, C.R.S. The board is directed to establish Public School Facility Construction Guidelines in
rule pursuant to 22-43.7-107(1)(a), C.R.S.
Article 2 – Definitions
2.1. The definitions provided in 22-43.7-103, C.R.S., shall apply to these rules. The following additional
definitions shall also apply:
“C.R.S.” means Colorado Revised Statutes.
“ES” means Elementary School.
“F.T.E.s” means Full Time Equivalent Students.
“Gross Square Feet (GSF)” means the total area of the building (inclusive of all levels as applicable) of a
building within the outside faces of the exterior walls, including all vertical circulation and other shaft (HVAC)
areas connecting one floor to another.
“Guidelines” means the Public School Facility Construction Guidelines.
"Historical significance" means having importance in the history, architecture, archaeology, or culture of this
state or any political subdivision thereof or of the United States, as determined by the state historical society.
“HS” means High School.
“K12” means Kindergarten through 12th Grade School that is under all one facility / campus.
Adopted 09/28/2016
1
“MS” means Middle School.
“SF” means Square Foot.
“S.T.E.M.” means Science, Technology, Engineering, & Mathematics.
Article 3 – Codes, Documents and Standards incorporated by reference
3.1. The following materials are incorporated by reference within the Public School Facility Construction
Guidelines:
3.1.1.ASHRAE 90.1-2013 Energy Standard for Buildings Except Low-Rise Residential Buildings.
3.1.2.ASHRAE Standard Benchmark Energy Utilization Index (October 2009).
3.1.3.ASHRAE Standard 189.1 - 2011 Standard for the Design of High-Performance Green Buildings.
3.1.4.ANSI/ASA S12.60-2010/ Part 1, Acoustical Performance Criteria, Design Requirements, and
Guidelines for Schools, Part 1 Permanent Schools
3.1.5.ANSI/TIA/EIA-568-C, August 2012
3.1.6.ANSI/TIA/EIA-569-D, April 2015
3.1.7.ANSI/TIA/EIA-606-B, April 2012
3.1.8.ANSI/TIA/EIA-607-B, September 2011
3.1.4.3.1.9.
ANSI.BICSI 001-2009, Information Transport Systems Design Standard for K-12 Educational
Institutions
3.1.5.3.1.10.
International Code Council’s International Plumbing Code (2015) amended by Rules and
Regulations of the Colorado State Plumbing Board 3 CCR 720-1, 2016-4-1
3.1.6.3.1.11.
National Fire Protection Association (NFPA) 70: National Electrical Code (2014).
3.1.7.3.1.12.
National Fire Protection Association (NFPA) 13: Standard for the Installation of Sprinkler
Systems, 2013 Edition
3.1.8.3.1.13.
National Fire Protection Association (NFPA) 72: National Fire Alarm and Signaling Code,
2013 Edition.
3.1.9.3.1.14.
National Fire Protection Association (NFPA) 80: Standard for Fire Doors and Other Opening
Protectives, 2016 Edition
3.1.10.3.1.15.
ASHRAE Standard 62.1-2013 Ventilation for Acceptable Indoor Air Quality (2013).
3.1.11.3.1.16. Colorado Department of Public Health and Environment which references Air Quality,
Hazardous Waste, Public and environmental health, Radiation Control, Solid Waste and Water Quality.
3.1.12.3.1.17. International Fire Code (IFC) – 2015 Edition, First Printing: May 2014 (Copyright 2014 by
International Code Council, Inc. - Washington, D.C.), including Appendices B and C.
3.1.13.3.1.18. International Mechanical Code - 2015 Edition, First Printing: May 2014 (Copyright 2014 by
International Code Council, Inc. - Washington, D.C.)
3.1.14.3.1.19. International Energy Conservation Code (IECC) - 2015 Edition, First Printing: May 2014
(Copyright 2014 by International Code Council, Inc. - Washington, D.C.)
Adopted 09/28/2016
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3.1.20. International Existing Building Code – 2015 Edition, First Printing: May 2014 (Copyright 201 by
International Code Council, Inc. - Washington, D.C.)
3.1.21. International Code Council (ICC) A117.1-2009 Accessible and Usable Buildings and Facilities
3.1.22. International Code Council (ICC) 500-2014 Standard and Commentary: ICC/NSSA Standard for the
Design and Construction of Storm Shelters
3.1.15.3.1.23.
Occupational Safety and Health Administration Standard 1910.95, July 2011
3.1.16.3.1.24. All projects shall be constructed and maintained in accordance with the codes and
regulations as currently adopted by the Colorado Division of Fire Prevention & Control which
incorporates current building, fire, existing building, mechanical, and energy conservation codes.
3.2. The Division shall maintain copies of the complete texts of the referenced incorporated materials, which are
available for public inspection during regular business hours with copies available at a reasonable charge.
Interested parties may inspect the referenced incorporated materials by contacting the Director of the
Division of Public School Capital Construction Assistance, 1580 Logan Street, Suite 310, Denver, Colorado
80203.
3.3. This rule does not include later amendments or editions of the incorporated material.
Article 4 - These Guidelines are not mandatory standards to be imposed on school districts, charter schools,
institute charter schools, the boards of cooperative services or the Colorado School for the Deaf and
Blind. As required by statute, the Guidelines address:
4.1 Health and safety issues, including security needs and all applicable health, safety and
environmental codes and standards as required by state and federal law. Public school facility
accessibility.
4.1.1 Sound building structures. Each building should be constructed and maintained with sound
structural foundation, floor, wall and roof systems.
4.1.1.1 - All building structures shall conform to all applicable codes adopted by the Colorado Division of
Fire Prevention and Control in 8 CCR 1507-30.
4.1.2 Classroom Acoustics. To address issues of reverberation time and background noise in classrooms
refer to ANSI/ASA S12.60-2010/ Part 1, American National Standard Acoustical Performance Criteria,
Design Requirements, and Guidelines for Schools, Part 1: Permanent Schools.
4.1.3 Roofs. A weather-tight roof that drains water positively off the roof and discharges the water off and
away from the building. All roofs shall be installed by a qualified contractor who is approved by the
roofing manufacturer to install the specified roof system and shall receive the specified warranty upon
completion of the roof. The National Roofing Contractors Association divides roofing into two generic
classifications: low-slope roofing and steep-slope roofing. Low-slope roofing includes water
impermeable, or weatherproof types of roof membranes installed on slopes of less than or equal to 3:12
(fourteen degrees). Steep slope roofing includes water-shedding types of roof coverings installed on
slopes exceeding 3:12 (fourteen degrees).
4.1.3.1 - Low slope roofing systems:
4.1.3.1.1 - Built-up – minimum 4 ply, type IV fiberglass felt, asphalt BUR system. Gravel or cap sheet
surfacing required.
4.1.3.1.2 - Ethylene Propylene Diene Monomer - minimum 60 mil EPDM membrane, with a ballasted
or adhered system.
4.1.3.1.3 - Poly Vinyl Chloride - minimum 60 mil PVC membrane adhered or mechanically attached
systems.
Adopted 09/28/2016
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4.1.3.1.4 - Thermal Polyolefin - minimum 60 mil membrane adhered or mechanically attached
systems.
4.1.3.1.5 - Polymer-modified bitumen sheet membrane - Styrene-Butadiene-Styrene (SBS)
membranes only, to be used only as a component of a built-up system noted above.
4.1.3.2 - Steep slope roofing systems:
4.1.3.2.1 - Asphalt shingles - minimum 50 year spec asphalt shingles, UL Class A.
4.1.3.2.2 - Clay tile and concrete tile - minimum 50 year spec clay or concrete tile, UL Class A.
4.1.3.2.3 - Metal roof systems for steep-slope applications - minimum 24 gage prefinished steel,
standing seam roof system with a minimum 1.5” seam height.
4.1.3.2.4 - Slate - ¼” minimum thickness, 50 year spec. UL Class A.
4.1.3.2.5 - Synthetic shingles - minimum 50 year spec, UL Class A.
4.1.4 Electrical Systems – Power Distribution and Utilization. Safe and secure electrical service and
distribution systems shall be designed and installed to meet the National Electrical Code (NEC, NFPA
70); edition as enforced by the Colorado State Buildings Programs (SBP), unless otherwise more
stringent based on local Authority Having Jurisdiction (AHJ), and ANSI/ASHRAE/IES Standard 90.12013 “Energy Standard for Buildings Except Low-Rise Residential Buildings”.
4.1.4.1 – Energy use intensity should not exceed the U.S. Department of Energy (DOE) building
benchmarks, and shall conform to ASHRAE Standard Benchmark Energy Utilization Index
(October 2009).
4.1.4.2 - Emergency lighting shall operate when normal lighting systems fail in locations and shall
conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control
in 8 CCR 1507-30.
4.1.5 Lighting Systems. Lighting systems shall be designed and installed to achieve appropriate lighting
levels utilizing energy-efficient lighting fixtures and energy-saving automatic and manual control
systems.
4.1.5.1 - Lighting systems shall be designed and installed to meet the National Electrical Code (NEC,
NFPA 70) edition as enforced by the Colorado State Buildings Programs (SBP), unless otherwise
more stringent based on local Authority Having Jurisdiction (AHJ).
4.1.5.2 – Illuminance levels shall meet the requirements for applicable spaces as recommended within in
the Illuminating Engineering Society (IES) Handbook, and dictated by the Rules and Regulations
Governing Schools in the State of Colorado 6 CCR 1010-6.
4.1.5.3 – Lighting power density shall not exceed the values indicated in ANSI/ASHRAE/IES Standard
90.1-2013.
4.1.5.4 - Lighting Control Systems shall be provided to comply with ANSI/ASHRAE/IES Standard 90.12013.
4.1.6 Mechanical Systems – Heating, Ventilation, and Air Conditioning (HVAC). Safe and energy efficient
mechanical systems shall be designed and installed to provide proper ventilation, and maintain the
building temperature and relative humidity, while achieving appropriate sound levels.
4.1.6.1 – Mechanical systems shall be designed and installed to meet the International Mechanical Code,
International Fuel Gas Code, International Building Code, and other Codes as adopted by the
Colorado Division of Fire Prevention and Control in 8 CCR 1507.
Adopted 09/28/2016
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4.1.6.2 - Healthy building indoor air quality (IAQ) shall be provided through the use of the mechanical
heating, ventilation and air conditioning (HVAC) systems, or by operable windows, and by
reducing air infiltration and water penetration with a tight building envelope, in compliance with
the enforced International Building Code and ASHRAE Standard 62. 1- 2013.
4.1.6.3 - Mechanical systems shall comply with: ASHRAE Standard 62.1-2013 Ventilation for Acceptable
Indoor Air Quality, ASHRAE Standard 90.1-2013 Energy Standard for Buildings Except Low-Rise
Residential Buildings, and ASHRAE Standard 189.1-2014 Standard for the Design of HighPerformance Green Buildings.
4.1.6.4 Sound levels due to mechanical equipment shall comply with Occupational Safety & Health
Administration Standard 1910.95, July 2011 and ANSI/ASA Standard S12.60-2010 Part 1 for
acoustical considerations within school facilities.
4.1.7 Plumbing Systems - Waste Water, Storm water, Domestic Water and Plumbing Supporting HVAC shall
be in compliance with Division of Fire Prevention and Control in 8 CCR1507 and the Colorado
Department of Health & Environment regulations.
4.1.8 Fire Protection Systems. Building fire detection, alarm and emergency notification systems in all
school facilities shall be designed in accordance with State requirements. Exceptions where code
required systems are not mandatory and the occupancy classification according to the International
Building Code 2015 does not warrant a system. All fire management systems shall conform to all
applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30
and the adopted Fire Code.
4.1.8.1 - Types of fire alarm notifications systems.
4.1.8.1.1 – Internal audible and visual alarms.
4.1.8.1.2 – External alarm monitoring and dispatch via internet / modem, telephone, radio, or cellular
monitoring systems.
4.1.8.2 - Automatic Sprinkler Systems in Group E Occupancy a sprinkler system shall be provided as
noted in the adopted Fire Code. Refer to the adopted Fire Code for exceptions.
4.1.8.2.1 All Group E fire areas greater than 12,000 square feet in area.
4.1.8.2.2 Throughout every portion of educational buildings below the lowest level of exit discharge
serving that portion of the building.
4.1.8.3 - Types of Fire Protection Water Supplies.
4.1.8.3.1 - Fire hydrants.
4.1.8.3.2 - Static fire water storage tanks.
4.1.9 Means of egress. A continuous and unobstructed path of vertical and horizontal egress travel from any
occupied portion of a building or structure to a public way. A means of egress consists of three separate
and distinct parts: the exit access, the exit and the exit discharge. Reference 2015 International Building
Code, Chapter 2, Definitions. A building code analysis shall be conducted to determine all code
requirements.
4.1.10 Facilities with safely managed hazardous materials. Potential hazardous materials in building
components, which are identified in the Asbestos Hazard Emergency Response Act (AHERA) report,
may include: asbestos, radon, lead, lamps and devices containing mercury. Additional hazardous
materials may include: science chemicals, cleaning chemicals, blood-borne pathogens, acid
neutralization tank for science departments, and bulk fuel storage (UST/AST) management that may be
stored by the occupant.
Adopted 09/28/2016
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4.1.10.1
- Public schools shall comply with all AHERA criteria and develop, maintain, and update an
asbestos management plan, to be kept on record at the school district. This should include a
building survey of the exterior of the building, and identification of all friable, non-friable, and trace
asbestos materials. Reference regulation Number 8, Control of Hazardous Air Pollutants, 5 CCR
1001-10.
4.1.10.2
- All new facilities and additions shall conduct radon testing following completion of
construction within nineteen months after occupancy as required by Colorado Department of
Public Health and Environment, 6 CCR 1010-6.
- Lead based paint. All schools shall conform to the regulations adopted by the Colorado Air
4.1.10.3
Quality Control Commission governing the abatement of lead-based paint from target housing
(constructed prior to 1978) and child-occupied facilities, reference C.R.S. 25-5-1101.
4.1.11
Security. The degree of resistance to, or protection from, harm. It applies to any vulnerable and
valuable asset; such as a person, building or dwelling. Security provides "a form of protection where a
separation is created between the assets and the threat." These separations are generically called
"controls," and sometimes include changes to the asset or the threat. These separations and degrees
of resistance can be achieved through several models and techniques.
4.1.11.1
- Video Management Systems (VMS).
4.1.11.1.1
- Cameras. Video cameras are typically used to implement a video management
system. In new construction, these should be internet protocol (IP) cameras on Power over
Ethernet (PoE) cabling infrastructure, with color CCD, day-night operation and
supplemental IR illuminators and environmental accessories as required for application,
Cameras should support motion activation, digital zoom and focus, and standard video
compression. Fixed and pan-tilt-zoom (PTZ) cameras shall be considered to meet
requirements. Consideration shall be given to cameras with integral audio microphones.
4.1.11.1.2
- Monitoring & Recording Systems. - A central video management system should be
capable of monitoring live feeds from multiple cameras from a central location and remote
locations, recording all video, searching and reviewing recorded video, and exporting video
to portable digital media. A minimum of 30 days of storage of all videos at 15fps (frames per
second) is required.
4.1.11.2
- Controlled Access.
4.1.11.2.1
- General Requirements
4.1.11.2.1.1
- The number of entryways into the building or onto the campus should be
limited. New construction shall be designed to restrict normal entrance to only one or
two locations, with no recessed doorways, provided that sufficient entryways are
available for fire department access and shall conform to all applicable codes
adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30.
- All exterior doors shall be locking and equipped with panic bars to open
4.1.11.2.1.2
readily from the egress side. Panic bars should utilize flush push bar hardware to
prevent chaining doors shut.
4.1.11.2.1.2.1 - Unless a door is intended for ingress, exterior doors should not have
handles and locks on the outside. In all cases exposed hardware should be
Adopted 09/28/2016
6
minimized, provided that sufficient entryways are available for fire department
access and shall conform to all applicable codes adopted by the Colorado
Division of Fire Prevention and Control in 8 CCR 1507-30.
4.1.11.2.1.3
- Doors should be constructed of steel, aluminum alloy, or solid-core
hardwood. If necessary, glass doors should be fully framed and equipped with
burglar-resistant tempered glass. Translucent glass should be avoided in all cases.
4.1.11.2.1.4
- Exit doors with panic push-bars should be “Access Control Doors” per the
codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR
1507-30, to prevent easy access by criminals and vandals, or in a lock-down / lockout situation.
- Heavy-duty metal or solid-core wooden doors should be used at entrances
4.1.11.2.1.5
in areas containing expensive items. These areas include classrooms, storerooms,
and custodians’ rooms. Interior doorway doors should also be heavy-duty metal or
solid-core wooden doors.
4.1.11.2.1.6
- Door hinges should have non-removable pins.
4.1.11.2.1.7
- Door frames should be constructed of pry-proof material.
4.1.11.2.1.8
- Armored strike plates shall be securely fastened to the door frame in direct
alignment to receive the latch easily.
4.1.11.3
- Automated Locking Mechanisms.
4.1.11.3.1.1
Use of automated locking mechanisms (electronic access control) should be
considered for exterior doors identified for entry and select interior doors associated
with the main entry vestibule.
Acceptable automated electronic access control systems include RF-based
4.1.11.3.1.2
proximity credential readers and biometric scanning devices. If the electronic access
control systems are to be utilized the following shall apply:
4.1.11.3.1.2.1 - School personnel may be issued credentials for authenticating
their identity in order to maintain efficient access to school facilities.
4.1.11.3.1.2.2 Students are not necessarily expected to carry electronic access
control credentials. During normal arrival times, electronic locking
systems may be disengaged via a timer while entries are monitored by
school personnel.
4.1.11.3.1.2.3 All exterior doors shall utilize door position switches to notify staff of
open doors and eliminate “door propping”.
4.1.11.3.1.2.4 Doors utilizing electronic access controls shall “fail secure” from the
unsecure side. Free egress shall not be inhibited from the secure side in
any scenario.
4.1.11.4
Adopted 09/28/2016
Manual Locking Devices
7
4.1.11.4.1
Use of a manual locking mechanism, such as traditional cylinder and key locks,
should be provided for all interior doors requiring access control.
4.1.11.4.2
4.1.11.5
Manual and Electronic access control should not be used on the same door.
Emergency Lockdown
4.1.11.5.1
All exterior doors shall be able to be quickly and automatically secured from a
position of safety (Administrative desk, Principal’s office, etc) without traveling to each
individual exterior door.
4.1.11.5.2
Interior doors to occupied spaces shall be capable of quickly being secured from the
inside by school personnel. Locking of doors may be done via manual deadbolt or
automatic locking mechanism. Locking mechanism shall not interfere with automatic closing
and latching functions required by the fire code and may have door sidelights, or door vision
glass that allow line of sight into the corridors during emergencies, and shall conform to all
applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR
1507-30.
4.1.11.6
Intrusion Detection
4.1.11.6.1
A system shall be put in place to identify, alarm, and notify authorities in the case of
unauthorized entry.
4.1.11.7
Alarm System
Passive infrared (PIR) sensors shall be located interior to all building entries to
monitor human movement.
4.1.11.7.1.1
– An alarm keypad shall be located at selected building entries to arm and
disarm the intrusion detection system.
4.1.11.7.1.2
– A manual alarm device shall be located in a position of safety
(Administrative desk, Principal’s office, etc.) to force intrusion detection system into
alarm status.
4.1.11.7.1.3
– The intrusion detection shall notify local authorities or monitoring company
upon alarm status.
4.1.11.8
Security Integration
4.1.11.8.1
The Video Management System (VMS), Access Control System, and Intrusion
Detection System may be components of an integrated security solution.
4.1.11.9
- Main Entry Physical Security
4.1.11.9.1
- Building vestibules. Where appropriate, buildings shall employ double entry door
designs that provide a secured area for visitors to authenticate and gain clearance. Known
as “man traps”, security vestibules solve several common security issues such as students
opening doors for visitors, visitors bypassing check-in points, direct access to the interior
from attackers, piggy-back entrances, and propped doors.
4.1.11.9.2
- Video based entrance intercom systems. Building designs shall allow for school
personnel to be able to monitor incoming visitors from a safe location out of reach, or line of
Adopted 09/28/2016
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site from incoming visitors who have not yet been authenticated or cleared for entry. These
entry points shall use remote video and access control technology to conduct multi-factor
authentication of incoming visitors (e.g. visual verification and ID, PIN/password and ID, or
biometric and other form of visual identification).
4.1.11.9.2.1
- Video based entrance systems shall use IP technology to allow access
control to be conducted by school personnel from multiple locations, so that multiple
personnel can provide coverage for screening incoming visitors.
4.1.11.9.3
- Line of sight. The front entrance should be designed to maximize the line of sight
distance for school occupants to detect an intruder from each relevant perimeter (e.g.
classroom to hallway, office or guard station to entryway, or entryway to exterior fence
access, or exterior fence access to property perimeter).
4.1.11.10 - Event alerting and notification (EAN) system. An EAN system that utilizes an intercom /
phone system with communication devices located in all classrooms and throughout the school to
provide efficient inter-school communications, and communication with local fire, police, and
medical agencies during emergency situations.
4.1.11.11
- Secure sites should include the following:
4.1.11.11.1
- Locations to avoid.
4.1.11.11.2
- Location of utilities.
4.1.11.11.3
- Roof access.
4.1.11.11.4
- Lighted walkways.
4.1.11.11.5
- Secured playgrounds.
4.1.11.11.6
- Bollards at main entrances and shop areas with overhead doors.
4.1.11.11.7
- Signage.
4.1.12 Health code standards. Schools, including labs, shops, vocational and other areas with hazardous
substances shall conform to the Department Of Public Health and Environment, Division of
Environmental Health and Sustainability, 6 CCR 1010-6 Rules and Regulations Governing Schools in
the State of Colorado.
4.1.13 Food preparation equipment and maintenance. Food preparation and associated facilities
equipped and maintained to provide sanitary facilities for the preparation, distribution, and storage of
food as required by Department Of Public Health And Environment, Division of Environmental Health
and Sustainability, 6 CCR 1010-6 Rules and Regulations Governing Schools in the State of Colorado.
4.1.14 Health care room. A separate health care room shall be provided and shall comply with the
Department Of Public Health and Environment, Division of Environmental Health and Sustainability, 6
CCR 1010-6 Rules and Regulations Governing Schools in the State of Colorado.
4.1.15 A site that safely separates pedestrian and vehicular traffic and is laid out with the following
guidelines:
Adopted 09/28/2016
9
4.1.15.1
- Physical routes for basic modes (busses, cars, pedestrians, and bicycles) of traffic should
be separated as much as possible from each other. If schools are located on busy streets and/or
high traffic intersections, coordinate with the applicable municipality or county to provide for
adequate signage, traffic lights, and crosswalk signals to assist school traffic in entering the
regular traffic flow.
4.1.15.2
- When possible, provide a dedicated bus staging and unloading area located away from
students, staff, and visitor parking.
4.1.15.3
- Provide an adequate driveway zone for stacking cars on site for parent drop-off/pick-up
zones. Drop-off area design should not require backward movement by vehicles, and be one-way
in a counterclockwise direction where students are loaded and unloaded directly to the
curb/sidewalk. Students should not have to load or unload where they have to cross a vehicle
path before entering the building. It is recommended all loading areas have “No Parking” signs
posted.
- Provide well-maintained sidewalks and a designated safe path leading to the school
4.1.15.4
entrance(s).
4.1.15.5
- Building service loading areas and docks should be independent from other traffic and
pedestrian crosswalks. If possible, loading areas shall be located away from school pedestrian
entries.
4.1.15.6
- Facilities should provide bicycle access and storage if appropriate.
4.1.15.7
- Fire lanes shall conform to all applicable codes adopted by the Colorado Division of Fire
Prevention and Control in 8 CCR 1507-30 or the local fire department. Local fire department must
adhere to the codes adopted by DFPC.
4.1.15.8
- Playgrounds shall comply with the ICC A117.1-2009 Accessible and Usable Buildings and
Facilities and shall conform to all applicable codes adopted by the Colorado Division of Fire
Prevention and Control in 8 CCR 1507-30.
4.1.16
Severe weather preparedness.
4.1.16.1
- Designated emergency shelters shall conform to all applicable codes adopted by the
Colorado Division of Fire Prevention and Control in 8 CCR 1507-30 and ICC 500-2014 Standard
and Commentary: ICC/NSSA Standard for the design and Construction of Storm Shelters.
4.2 Technology, including but not limited to telecommunications and internet connectivity technology
and technology for individual student learning and classroom instruction.
4.2.1 Educational facilities for individual student learning, classroom instruction, online instruction and
associated technologies, connected to the Colorado institutions of higher education distant learning
networks “Internet” and “Internet two.”
4.2.2 Educational facilities shall be supplied with standards-based wired and wireless network connectivity.
4.2.3
Security and associated filtering and intrusion control for internal voice, video and data networks
shall be provided.
4.2.4
External internet service provider (ISP) connection and internal wide area network (WAN)
connections meeting or exceeding recommended guidelines of the state education technology
education directors association (SETDA) broadband imperative, and devices meeting or exceeding
Adopted 09/28/2016
10
recommended specifications according to the most current version of technology guidelines for the
partnership for assessment of readiness for college and careers (PARCC) assessments.
4.2.5
Provide school administrative offices with web-based activity access.
4.2.6
Building shall be constructed with long-term sustainable technology infrastructure. Facilities should
be built with sufficient data cabling and/or conduit and power infrastructure to allow for maximum
flexibility as technological systems are upgraded and replaced in the future. A plan for technology
lifecycle review intervals should be put in place for review at 2-4 year intervals.
4.2.6.1 Applicable Standards. The design and installation of technology systems shall comply
with:
4.2.7
4.2.6.1.1
ANSI/TIA/EIA-568-C, August 2012
4.2.6.1.2
ANSI/TIA/EIA-569-D, April 2015
4.2.6.1.3
ANSI/TIA/EIA-606-B, April 2012
4.2.6.1.4
4.2.6.1.5
ANSI/TIA/EIA-607-B, September 2011
ANSI/BICSI 001-2009, Information Transport Systems Design Standard for K12 Educational Institutions.
Telecom Equipment Rooms
4.2.7.1 - Uninterruptible power supplies (UPS). Telecom Rooms (TRs) and Equipment Rooms
(ERs) shall be provided with UPS equipment to provide continuous clean power to
communications systems for a minimum of 90 minutes.
4.2.7.2 - Generators. A backup generator shall be considered for providing backup power to
telecommunications systems of backup power is required beyond 90 minutes, or if the
generator is already located for other purposes.
4.2.7.3 - Heating, Ventilation and Air Conditioning (HVAC). Mechanical equipment shall be used
to accommodate heating loads within TRs and ERs. Ventilation-only systems may be
used in spaces with limited equipment, active cooling systems should be considered for
larger rooms. Maintained space temperatures shall target 65 degrees F. peak space
temperatures shall not exceed 90 degrees F.
4.2.7.3.1
Direct evaporative cooling systems shall not be used, due to lack of control on
humidity levels.
4.2.7.4 - Alarms shall be provided to notify assigned school personnel if environmental
conditions approach or exceed bounds of operational conditions.
4.2.8
Connectivity standards.
4.2.8.1 - Wireless. Data cabling shall be planned to support appropriately spaced multipleantenna wireless networking infrastructure allowing for wireless access points to support
expected quantity of connected devices and required bandwidth. Support for 802.11b/g/n,
802.11ac, and/or newer protocols are recommended.
4.2.8.2 - Wired.
4.2.8.2.1
Adopted 09/28/2016
- Cabling. All new runs of copper data cable should be Category 6 cable or
newer standards. Any data outlet should be supplied by two cables.
Unshielded twisted pair (UTP) shall be used unless local conditions warrant
otherwise.
11
4.2.8.2.2
- Telecom Rooms (TRs) and Equipment Rooms (ERs). TRs and ERs shall be
connected by conduit and a combination of copper and fiber optic cable to
allow for maximum data performance and upgradeability.
4.2.8.2.3
- TR to classroom. Classrooms should have a data outlet on the wall at the
front and back of the room at a minimum for network/ internet access.
Additional cabling may be warranted for security, audiovisual and special
systems purposes.
4.2.8.2.4
- TR to office, and library or technology/media centers. Any areas designed for
independent work or study should have a dedicated data jack outlet with two
copper cable runs each.
4.2.8.2.5
- TR to common areas, auditorium, and cafeteria. Common areas should
contain data outlets located as required to support program and curriculum
requirements.
4.3 Building site requirements. Functionality of existing and planned public school facilities for core
educational programs, particularly those educational programs for which the State Board has
adopted state model content standards. Capacity of existing and planned public school facilities,
taking into consideration potential expansion of services for the benefit of students such as full-day
kindergarten and preschool- and school-based health services and programs.
4.3.1
Traditional education model, S.T.E.M. & Montessori / Expeditionary education models.
4.3.1.1 - Minimum occupancy requirements for schools:
Median Gross Square Foot (GSF) Per Pupil
Traditional ES (K-5)
F.T.E.s
GSF/Pupil
Total GSF
100
151
15,064
200
29,197
146
300
42,401
141
400
54,674
137
500
66,017
132
600
76,429
127
700
85,912
123
800
94,464
118
900
102,086
113
1000
108,778
109
1100
114,540
104
1200
119,371
99
Traditional MS (6-8)
GSF/Pupil
Total GSF
161
16,102
31,813
159
47,136
157
62,068
155
76,610
153
90,763
151
104,526
149
117,899
147
130,883
145
143,476
143
155,680
142
167,494
140
Traditional HS (9-12)
GSF/Pupil
Total GSF
192
19,183
38,030
190
56,540
188
74,713
187
92,550
185
110,050
183
127,214
182
144,041
180
160,531
178
176,685
177
192,502
175
207,982
173
Traditional K-12
GSF/Pupil
Total GSF
164
16,393
32,298
161
47,715
159
62,645
157
77,087
154
91,041
152
104,508
149
117,488
147
129,979
144
141,984
142
153,500
140
164,529
137
Median Gross Square Foot Per Pupil - Alternate Programs (Expeditionary (Exp.), Montessori (Mtsri.), S.T.E.M.)
Alt. HS (GSF/Pupil)
Alt. K12 (GSF/Pupil)
Alt. ES (GSF/Pupil)
Alt. MS (GSF/Pupil)
F.T.E.s
Exp. Mtsri.
S.T.E.M.
Exp. Mtsri.
S.T.E.M.
Exp. Mtsri.
S.T.E.M.
Exp. Mtsri.
S.T.E.M.
100
160
161
156
171
169
166
203
198
201
174
172
180
200
155
156
151
169
167
164
202
196
199
171
170
177
300
150
151
146
167
165
162
200
194
197
169
167
175
400
145
146
141
164
163
160
198
192
195
166
164
172
500
140
141
137
162
161
158
196
191
194
163
162
169
600
135
136
132
160
159
156
194
189
192
161
159
167
700
130
131
127
158
157
154
193
187
190
158
157
164
800
125
126
122
156
155
152
191
185
188
156
154
161
900
120
121
117
154
153
150
189
184
187
153
152
159
1000
115
116
113
152
151
148
187
182
185
151
149
156
1100
110
111
108
150
149
146
186
180
183
148
146
153
1200
105
106
103
148
147
144
184
179
181
145
144
151
Adopted 09/28/2016
12
Square Foot Values - Assembly
ES Assembly
F.T.E.s
Cafeteria
Auditorium
100
675
1,300
200
1,600
1,200
300
1,900
1,800
400
2,400
2,400
500
2,700
3,000
600
3,000
3,600
700
3,900
4,200
800
4,200
4,800
900
4,500
5,400
1000
4,800
6,000
1100
5,100
6,600
1200
5,400
7,200
MS Assembly
Cafeteria
Auditorium
675
1,500
1,800
1,200
2,100
1,800
2,600
2,400
2,900
3,000
3,200
3,600
3,900
4,200
4,200
4,800
4,500
5,400
4,800
6,000
5,100
6,600
5,400
7,200
HS Assembly
Cafeteria
Auditorium
675
1,700
2,000
1,200
2,300
1,800
2,800
2,400
3,100
3,000
3,400
3,600
3,900
4,200
4,200
4,800
4,500
5,400
4,800
6,000
5,100
6,600
5,400
7,200
K12 Assembly
Cafeteria
Auditorium
675
1,700
2,000
1,200
2,300
1,800
2,800
2,400
3,100
3,000
3,400
3,600
3,900
4,200
4,200
4,800
4,500
5,400
4,800
6,000
5,100
6,600
5,400
7,200
Square Foot (SF) Values - Core Classrooms (Minimum (Min) classroom size = 675 sf)
ES Min (24-30 FTES)
HS Min (24-30 FTES)
MS Min (24-30 FTES)
F.T.E.s
SF/Pupil
Total SF
SF/Pupil
Total SF
SF/Pupil
Total SF
Kindergarten
38
1,140
Grade 1
960
32
Grade 2
960
32
Grade 3
960
32
Grade 4
900
30
Grade 5
900
30
Grade 6
900
30
Grade 7
840
28
Grade 8
840
28
Grade 9
840
28
Grade 10
840
28
Grade 11
840
28
Grade 12
840
28
Montessori
1,200
1,200
1,200
40
40
40
Expeditionary
1,080
1,080
1,080
36
36
36
K12 Min (24-30 FTES)
SF/Pupil
Total SF
38
1,140
960
32
960
32
960
32
900
30
900
30
900
30
840
28
840
28
840
28
840
28
840
28
840
28
1,200
40
1,080
36
Square Foot (SF) Values - Exploratory Spaces (minimum size = 675 sf)
ES Min (24-30 F.T.E.s)
MS Min (24-30 F.T.E.s)
F.T.E.s
SF/Pupil
Total SF
SF/Pupil
Total SF
Comp/Tech
30
32
Music
35
35
Science
38
40
Lecture
28
28
Art
35
40
Gym / MP
3,000 SF (50'x60')
5,400 SF (60'x90')
Special Ed
37
37
VoAg
Media Center
1200 sf (30 occ)
2400 sf (60 occ)
"Gymatorium"
4,400 SF (See notes)
4,400 SF (See notes)
K12 Min (24-30 F.T.E.s)
SF/Pupil
Total SF
32
35
44
28
45
7,300 SF (70'x104')
37
60
3600 sf (60 occ)
-
- Cafeteria Capacity assumes three (3) seatings without a secondary function overlay.
- Auditorium Capacity SF is sized for 1/3 of General enrollment and is inclusive of stage (size varies: 1,000 to 1,800); Basis is 9
SF per seat (1/3 FTES) plus stage at various sizes, stage includes a small amount of storage or similar support.
HS Min (24-30 F.T.E.s)
SF/Pupil
Total SF
32
35
44
28
45
7,300 SF (70'x104')
37
60
3600 sf (60 occ)
-
- ES Gymnasium basis is 50'X60' play area; Capacity Assumes (GE*.25)/7 periods (without fixed seats)
- MS Gymnasium basis is 60’X90’ play area; Capacity Assumes (GE*.5)/7 periods (without fixed seats)
- HS Gymnasium basis is 70’X104’ practice gym; Capacity Assumes (GE*.5)/7 periods (with limited fixed seats) Note: National
Federation of State High School Association’s standards outline an "ideal" court for high school age as 84'x50' (and not greater
than 94'x50')
- "Gymatorium" basis is 50'x60' play area and 1000 SF platform stage with 400 SF storage
Adopted 09/28/2016
13
Instructor / Support Areas
Space Type:
Office - typical
Office - large
Work room
Team planning (conf)
Instruction - sm group
Storage
Staff toilets
Square Feet
120
150
250
240
320
50
50
Notes:
Multiple indivual (or in aggregate) may be required due to scale
12-16 occupants (assembly use)
16 occupants (classroom use)
Ave per instructor
Multiple may be required due to scale
These facility area standards are copyrighted by Cuningham Group Architecture, Inc. and may not be reproduced or distributed
without inclusion of “Copyright 2014 Cuningham Group Architecture, Inc.”. The data was derived from a multi-year national facility
area standards study, supported in part by the Colorado League of Charter Schools.
4.3.2
Other rooms.
4.3.2.1 - Facilities with preschools shall comply with Rules Regulating Child Care Centers (Less
Than 24-Hour Care) 12 CCR 2509-8 and shall comply with the Colorado Department of
Public Health and Safety’s Regulations Governing Child Care, 6 CCR 1010-7.
4.3.2.2 - Special education classrooms. Special Education classrooms and facilities meeting or
exceeding the accessibility and adaptive needs of the current and reasonably anticipated
student population, in accordance with Section 504 and Title II of the Americans with
Disabilities Act, the Exceptional Children’s Educational Act, and Individuals with
Disabilities Education Act.
4.4 Building performance standards and guidelines for green building and energy efficiency.
Section 24-30-1305.5 C.R.S., requires all new facilities, additions, and renovation projects funded with 25%
or more of state funds to conform with the High Performance Certification Program (HPCP) policy adopted
by the Office of the State Architect (OSA) if:
• The new facility, addition, or renovation project contains 5,000 or more building square feet; and
• The project includes an HVAC system; and
• If increased initial cost resulting from HPCP can be recouped by decreased operational costs within 15
years, and
• In the case of a renovation project, the cost of the renovation exceeds 25% of the current value of the
property.
4.4.1
High Performance Certification Programs.
4.4.1.1 The Department of Personnel and Administration, Office of the State Architect has
determined the following three guidelines as meeting the High Performance Certification
Program (HPCP) requirements per C.R.S.24-30-1305.5; the U.S. Green Building Council,
Leadership in Energy and Environmental Design – New Construction (USGBC LEED™NC) guideline with Gold as the targeted certification level; and the Green Building
Initiative (GBI), Green Globes guideline with Three Globes the targeted certification level;
and for the Colorado Department of Education, K-12 construction, the Collaborative for
High Performance Schools (US-CHPS) is an optional guideline with Verified Leader as
the targeted certification level.
4.4.1.2 – LEED, or Leadership in Energy and Environmental Design (for schools) is a globally
recognized symbol of excellence in green building.
Adopted 09/28/2016
4.4.1.2.1
LEED is an internationally recognized certification system that measures a
building using several metrics, including: energy savings, water efficiency,
sustainable land use, improved air quality, and stewardship of natural
resources.
4.4.1.2.2
Points are awarded on a 100-point scale, and credits are weighted to reflect
their potential environmental impacts. Different levels of certification are
granted based on the total number of earned points. The four progressive
14
levels of certification from lowest to highest are: certified, silver, gold and
platinum.
4.4.1.3 United States Collaborative for High Performance Schools (US-CHPS). US-CHPS
reflects the three priority outcomes of the Core Criteria. These are, in order of importance.
4.4.2
4.4.1.3.1
Maximize the health and performance of students and staff.
4.4.1.3.2
Conserve energy, water and other resources in order to save precious
operating dollars.
4.4.1.3.3
Minimize material waste, pollution and environmental degradation created by a
school.
4.4.1.3.4
The CHPS National Technical Committee has weighted the available point
totals for prerequisites and credits in seven categories to reflect these three
priorities.
Renewable energy strategies.
4.4.2.1 - Solar Photovoltaic / Solar Thermal.
4.4.2.2 - Geothermal / Geo exchange.
4.4.2.3 - Wind.
4.4.2.4 - Passive Solar Design.
4.4.3
Energy management plan.
4.4.3.1 - Energy programs assist with creating a culture of energy efficiency within a school.
Reference Energy Star Guidelines for Energy Management to help develop a plan.
4.4.4
Other energy efficient options.
4.4.4.1 - ENERGY STAR Labeled HVAC / mechanical systems.
4.4.4.2 - Windows, doors, and skylights (collectively known as fenestration).
4.4.4.3 - Building Envelope.
4.4.4.3.1
- The interface between the interior of the building and the outdoor
environment, including the walls, roof, and foundation – serves as a thermal
barrier and plays an important role in determining the amount of energy
necessary to maintain a comfortable indoor environment relative to the outside
environment.
4.4.4.3.2
- Roof. Roof design and materials can reduce the amount of air conditioning
required in hot climates by increasing the amount of solar heat that is reflected,
rather than absorbed, by the roof. For example, roofs that qualify for ENERGY
STAR® are estimated to reduce the demand for peak cooling by 10 to 15
percent.
4.4.4.3.3
- Insulation is important throughout the building envelope.
4.4.4.4 - Lighting.
4.4.4.4.1
Adopted 09/28/2016
- Light emitting diodes (LEDs), compact fluorescents (CFLs) and fluorescent
lighting should be considered over traditional incandescent lighting.
15
4.4.4.5 - Commissioning, retro commissioning and re-commissioning.
4.4.4.5.1
- Commissioning ensures that a new building operates initially as the owner
intended and that building staff are prepared to operate and maintain its
systems and equipment.
4.4.4.5.2
- Retro commissioning is the application of the commissioning process to
existing buildings.
4.4.4.5.3
- Re-commissioning is another type of commissioning that occurs when a
building that has already been commissioned, undergoes another
commissioning process.
4.4.4.6 - Measurement and verification. Measurement and verification (M&V) is the term given to
the process for quantifying savings delivered by an Energy Conservation Measure (ECM),
as well as the sub-sector of the energy industry involved with this practice. M & V
demonstrates how much energy the ECM has avoided using, rather than the total cost
saved.
4.4.5
4.4.6
- Landscaping
4.4.5.1.1
Irrigation: Consider water management which could include reducing stormwater run-off, preventing erosion and decreasing the effects of soil expansion.
4.4.5.1.2
Plant Materials: Consider Native materials, Xeriscaping.
4.4.5.1.3
Grass/ Sod Areas: Consider use of grass/ sod areas, consider water use,
alternate options if planting sports fields.
– Permitting
4.4.6.1 Application for public school construction projects permits can be made at the DFPC
website, www.colorado.gov/dfpc > Sections > Fire & Life Safety > Permits and
Construction > School Construction.
4.4.6.2 If a local building department has entered into a memorandum of understanding (MOU)
with DFPC, that local building department is considered a Prequalified Building
Department (PBD). A School District may, at its discretion, choose to apply for permit
through DFPC or the PBD that has jurisdiction of construction projects for the location of
the school construction project. The list of PBD’ is available on the DFPC website, School
Construction.
4.5 The historic significance of existing public school facilities and their potential to meet current
programming needs by rehabilitating such facilities.
4.5.1
Buildings that are 50 years or older at the time of application may be subject to the State Register
Act 24-80.1-101 to 108 in determining if the affected properties have historical significance.
4.5.1.1 - Historical significance means having importance in the history, architecture,
archaeology, or culture of this state or any political subdivision thereof or of the United
States, as determined by the state historical society.
4.5.2
When determining if a facility should be replaced, the cost to rehabilitate versus the cost to replace
should be evaluated.
Adopted 09/28/2016
16
Notice of Proposed Rulemaking
Tracking number
2016-00611
Department
400 - Department of Natural Resources
Agency
405 - Colorado Parks and Wildlife (405 Series, Parks)
CCR number
2 CCR 405-1
Rule title
CHAPTER P-1 - PARKS AND OUTDOOR RECREATION LANDS
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER P-1 - PARKS AND OUTDOOR RECREATION LANDS - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00613
Department
400 - Department of Natural Resources
Agency
405 - Colorado Parks and Wildlife (405 Series, Parks)
CCR number
2 CCR 405-4
Rule title
CHAPTER P-4 - SNOWMOBILE REGULATIONS
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER P-4 - SNOWMOBILE REGULATIONS - See Attachment
Statutory authority
See Attachment
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00614
Department
400 - Department of Natural Resources
Agency
405 - Colorado Parks and Wildlife (405 Series, Parks)
CCR number
2 CCR 405-7
Rule title
CHAPTER P-7 - PASSES, PERMITS AND REGISTRATIONS
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER P-7 - PASSES, PERMITS AND REGISTRATIONS - See Attachment
Statutory authority
See Attachment
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00615
Department
400 - Department of Natural Resources
Agency
405 - Colorado Parks and Wildlife (405 Series, Parks)
CCR number
2 CCR 405-8
Rule title
CHAPTER P-8 - AQUATIC NUISANCE SPECIES (ANS)
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER P-8 - AQUATIC NUISANCE SPECIES (ANS) - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00616
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-0
Rule title
CHAPTER W-0 - GENERAL PROVISIONS
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-0 - GENERAL PROVISIONS - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00624
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-1
Rule title
CHAPTER W-1 - FISHING
Rulemaking Hearing
Date
Time
01/11/2017
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-1 - FISHING - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00620
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-2
Rule title
CHAPTER W-2 - BIG GAME
Rulemaking Hearing
Date
Time
01/11/2017
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-2 - BIG GAME - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00618
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-3
Rule title
CHAPTER W-3 - FURBEARERS AND SMALL GAME EXCEPT MIGRATORY BIRDS
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-3 - FURBEARERS AND SMALL GAME EXCEPT MIGRATORY BIRDS - See
Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00619
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-5
Rule title
CHAPTER W-5 - MIGRATORY BIRDS
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-5 - MIGRATORY BIRDS - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00623
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-9
Rule title
CHAPTER W-9 - WILDLIFE PROPERTIES
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-9 - WILDLIFE PROPERTIES - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00622
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-11
Rule title
CHAPTER W-11 - WILDLIFE PARKS AND UNREGULATED WILDLIFE
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-11 - WILDLIFE PARKS AND UNREGULATED WILDLIFE - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00617
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-15
Rule title
CHAPTER W-15 - LICENSE AGENTS
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-15 - LICENSE AGENTS - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00621
Department
400 - Department of Natural Resources
Agency
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-16
Rule title
CHAPTER W-16 - PROCEDURAL RULES
Rulemaking Hearing
Date
01/11/2017
Time
08:30 AM
Location
Hunter Education Building, 6060 Broadway, Denver, CO 80216
Subjects and issues involved
CHAPTER W-16 - PROCEDURAL RULES - See Attached
Statutory authority
See Attached
Contact information
Name
Danielle Isenhart
Telephone
3038663203 ext.4625
Title
Regulations Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
November 30, 2016
RULE-MAKING NOTICE
PARKS AND WILDLIFE COMMISSION MEETING
JANUARY 11-12, 2017
In accordance with the State Administrative Procedure Act, section 24-4-103, C.R.S., the Parks
and Wildlife Commission gives notice that regulations will be considered for adoption at their next
meeting on January 11-12, 2017. The Parks and Wildlife Commission meeting will be
held at the offices of Colorado Parks and Wildlife, Hunter Education Building, 6060
Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be
considered pursuant to the Commission's authority in sections 33-9-101 to 111, C.R.S.
(“Administration of Parks and Wildlife”), in sections 33-1-101 to 33-6-209, C.R.S. (the “Wildlife
Act”), and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 332-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112,
33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127,
33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, 33-6-208, 33-6-209, C.R.S., and in sections
33-10-101 to 33-33-113, C.R.S. (the “Parks Act”), and especially sections 33-10-106, 33-10-107,
33-10.5-107, 33-11-109, 33-12-101, 33-12-103, 33-12-103.5, 33-12-106, 33-12.5-103, 33-13103, 33-13-104, 33-13-106, 33-13-109, 33-13-110, 33-13-111, 33-14-107, 33-14.5-107, 33-32103 and 33-33-105. C.R.S.
FINAL REGULATORY ADOPTION - January 11-12, 2017, beginning at 8:30 a.m.*
EFFECTIVE DATE OF REGULATIONS approved during the January 2017 Parks and Wildlife
Commission meeting: March 2, 2017, unless otherwise noted.
FINAL REGULATIONS
PARK REGULATIONS
Chapter P-8 - “Aquatic Nuisance Species” 2 CCR 405-8 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter P-8
Open for consideration of changes to regulations including, but not limited to, the following:


Removing Daphnia lumholtzii from the prohibited aquatic nuisance species list and
prohibited aquatic species list.
Requiring the removal of water drain plugs and aquatic plants from boats and trailers
when leaving waters of this state and during overland transport.
Chapter P-7- “Passes, Permits and Registrations” 2 CCR 405-7 and those related
provisions of Chapter W-15 (“License Agents” 2 CCR 406-15) necessary to
accommodate changes to or ensure consistency with Chapter P-7
Open for consideration of changes to regulations including, but not limited to, the following:

Establishing commission rates for license agents selling park passes and
registrations.
*Please reference the Commission agenda, to be posted on or after January 3, 2017, to ensure
when each regulatory item will be addressed by the Commission. The agenda will be posted at
http://cpw.state.co.us/aboutus/Pages/CommissionMeetings.aspx.


Modifying regulations concerning agents and agent agreements based on
implementation of CPW’s new licensing system.
Modifying regulatory wording for how a park pass should be displayed for vehicles
without a windshield or rear-view mirror.
WILDLIFE REGULATIONS
Chapter W-0 - “General Provisions” 2 CCR 406-0 and those related provisions of
Chapter W-3 (“Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3) and
Chapter W-5 (“Small Game -Migratory Game Birds” - 2 CCR 406-5) necessary to
accommodate changes to or ensure consistency with Chapter W-0
Open for annual review of the entire chapter including, but not limited to, the following:






Modifying the boundary descriptions for Game Management Unit (GMU) 16 and GMU
27.
Expanding the GMU G-10 mountain goat boundary south to the Platte Gulch
drainage.
Creating a pilot big game access component within the existing Walk-In Access
Program.
Revising regulation W-002.B to clarify which licenses will require a customer
identification number.
Establishing regulations to describe the use of Temporary Authorization Numbers
(TANs) for online or telephone sales.
Extending the time requirement for completion of a Bacterial Kidney Disease
Management Plan from 30 days to 60 days.
Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0
(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure
consistency with Chapter W-2
Open for consideration of regulations including, but not limited to, the following:













Annual changes to season dates, limited license areas, quotas and manner of take
provisions for bighorn sheep and mountain goat.
Annual changes to season dates, limited license areas and manner of take provisions
for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
Annual changes to limited license application and drawing processes.
Prohibiting the hunting of big game over bait.
Exempting private Ranching for Wildlife license holders from the requirement to wear
daylight fluorescent orange or pink garments while hunting with archery equipment.
Establishing special seasons and licenses to hunt urban and suburban deer and elk
within participating cities, towns, or municipalities after Director’s approval of a
species management plan.
Opening bighorn sheep GMU S-78 to hunting with S-12 hunting licenses.
Opening bighorn sheep GMU S-5 to hunting with an S-60 hunting license.
Opening bighorn sheep GMU S-29 to hunting with S-30 hunting licenses.
Moving season dates for the S-57 ram rifle season to December 1-31 and the ewe
rifle season to December 8-31.
Establishing female-only mountain goat licenses in GMU G-7.
Modifying the sub-unit boundary descriptions for GMU G-11.
Creating two rifle mountain goat seasons in G-12.
2










Changing all bear licenses in Data Analysis Unit (DAU) B-1 from List A to List B.
Changing all bear licenses in DAU B-17 from List A to List B.
Reinstating late antlerless deer rifle season in GMUs 87 and 88.
Eliminating late rifle season private land doe deer and cow elk licenses in GMU 711
(hunt codes DF711P5R and EF711P5R).
Adding GMU 54 to the 2nd combined rifle season list of over the counter elk units
(removing hunt code EM054U2R).
Changing all antlerless elk licenses in DAU E-23 from List B to List A, converting
either-sex elk muzzleloader licenses in E-23 to bull only licenses and removing E-23
units from the unlimited antlerless archery hunt code.
Modifying the hunt code boundaries for the either-sex elk, private land early season
in GMUs 72 and 711 (hunt codeEF072P5R).
Extending the season dates for the late rifle doe antelope season in GMUs 110, 111,
118, 119, 123, and 124 (hunt code AF110L1R) from 9 days to run the entire month
of December.
Establishing a late rifle doe pronghorn season in GMU 951.
Creating private land only pronghorn hunt codes for bucks and does in GMU 135.
Chapter W-16- “Procedural Rules” 2 CCR 406-16 and those related provisions of
Chapter W-0 (“General Provisions” 2 CCR 406-0) necessary to accommodate changes
to or ensure consistency with Chapter W-16
Open for consideration of final regulations pertaining to exchanges, as well as refunds
and reissuance of limited licenses. These changes include, but are not limited to, the
following:


Manually reissuing all returned deer, elk, pronghorn and bear limited licenses that
required 5 or more preference points to draw to the next applicant in the limited
draw order.
Charging a fee for all exchanged licenses; this will be half the price of the original
license, not to exceed $25.00.
CITIZEN PETITIONS:
WILDLIFE REGULATIONS
Final action may be taken on rule-making petitions at any step of the Commission’s
generally applicable two-step rule-making process.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
At its January meeting, the Parks and Wildlife Commission will consider three Citizen Petitions
for Rulemaking related to Wildlife Parks and Unregulated Wildilfe, as follows:



A Citizen Petition for rulemaking requesting that the Commission add the two toed
sloth to the unregulated wildlife list.
A Citizen Petition for rulemaking requesting that the Commission add the eastern
gray kangaroo, western gray kangaroo, and agile wallaby to the unregulated wildlife
list.
A Citizen Petition for rulemaking requesting that the Commission add the Zoological
Association of America as another acceptable accreditation agency (along with
American Zoological Association) throughout Chapter W-11 regulations.
3
The Commission may accept all or a portion of these petitions for final action, further
consideration or otherwise reject the petition(s) at the January Commission meeting. A copy
of any petition may be obtained by contacting Danielle Isenhart, Regulations Manager,
Colorado Parks and Wildlife at (303) 866-3203 ext. 4625.
ISSUES IDENTIFICATION
PARK REGULATIONS
Chapter P-4 - “Snowmobile Regulations” 2 CCR 405-4
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to registration and required safety equipment of snowmobiles.
WILDLIFE REGULATIONS
Chapter W-9 - “Wildlife Properties” 2 CCR 406-9 and those related provisions of
Chapter W-1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or
ensure consistency with Chapter W-9
Open for annual review of the entire chapter including, but not limited to, generally
applicable and property-specific requirements for, or restrictions on use of, wildlife properties
controlled by the Division of Parks and Wildlife, including State Trust Lands leased by the
Division.
Chapter W-3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3,
and those related provisions of Chapter W-9 (“Wildlife Properties” - 2 CCR 406-9)
necessary to accommodate changes to or ensure consistency with Chapter W-3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other
small game seasons and related provisions, including season dates, bag and possession limits
and manner of take provisions, and other related regulatory changes to Chapter W-9
necessary to accommodate changes to or to ensure consistency with Chapter W-3.
Chapter W-5 - “Small Game -Migratory Game Birds” - 2 CCR 406-5, and those related
provisions of Chapter W-9 (“Division Properties” – 2 CCR 406-9) and Chapter
P-1 (“Parks and Outdoor Recreation Lands” - 2 CCR 405-1) necessary to
accommodate changes to or ensure consistency with Chapter W-5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons
and related provisions, including season dates, bag and possession limits and manner of take
provisions.
Chapter W-11- “Wildlife Parks and Unregulated Wildlife” 2 CCR 406-11
Open for annual review of the entire chapter including, but not limited to, regulations
pertaining to wildlife parks, sanctuaries and unregulated wildlife.
Except for the day and time indicated for when the meeting is scheduled to begin, the
order indicated for each agenda item is approximate and subject to change when
necessary to accommodate the Commission's schedule.
4
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement
of basis and purpose and specific statutory authority), will be available for inspection and
distribution at the Office of the Regulations Manager, Division of Parks and Wildlife, 1313
Sherman St., Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies,
however, are only proposals to be submitted to the Commission by the Division of Parks and
Wildlife.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4103, C.R.S., modification of these proposals may be made by the Division of Parks and Wildlife or
the Commission before the Commission promulgates final rules and regulations on the above
topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the
meeting. However, to ensure sufficient time for consideration prior to the meeting, comments
should be provided to the Division of Parks and Wildlife by noon on the following
date:
December 28, 2016, for mailing by the Division of Parks and Wildlife to the Parks and
Wildlife Commission on December 29, 2016.
Comments received by the Division after noon on December 28, 2016, will be provided to the
Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will
afford all interested persons an opportunity to submit alternate proposals, written data, views or
arguments and to present them orally at the meeting unless it deems such oral presentation
unnecessary. Written alternate proposals, data, views or arguments and other written
statements should be submitted to the Division of Parks and Wildlife at 1313 Sherman St.,
Denver, CO 80203; or e-mailed to [email protected]
Use of Consent Agenda:
In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for
consideration of parks and wildlife policy and contested issues, some or all of this regulatory
agenda may be listed for action by the Commission as part of a “Consent Agenda” for this
meeting.
The process for placing matters on the Consent Agenda is as follows:
The Director identifies matters where the recommended action follows established policy or
precedent, there has been agreement reached or the matter is expected to be uncontested and
non-controversial.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the
same manner as other Consent Agenda items. If a member of the Commission requests further
consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent
Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda
may be voted on without the necessity of reading individual items. Any Commission member
may request clarification from the Director of any matter on the Consent Agenda.
OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy,
program implementation, and other non-regulatory decisions, which may be of public interest at
this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks
and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
5
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other Consent Agenda items. If a member of the Commission requests further consideration of an item on the Consent Agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director of any matter on the Consent Agenda. OTHER AGENDA ITEMS: The Parks and Wildlife Commission may consider and make policy, program implementation, and other non­regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be viewed on the Division of Parks and Wildlife’s internet home page at http://cpw.state.co.us, on or after January 3, 2017.
6
Notice of Proposed Rulemaking
Tracking number
2016-00600
Department
600 - Department of Transportation
Agency
601 - Transportation Commission and Office of Transportation Safety
CCR number
2 CCR 601-4
Rule title
TRANSPORT PERMITS FOR THE MOVEMENT OF EXTRA-LEGAL VEHICLES OR
LOADS
Rulemaking Hearing
Date
01/20/2017
Time
01:30 PM
Location
CDOT, 4201 E. Arkansas Avenue, Auditorium, Denver, CO 80222
Subjects and issues involved
The purpose of the Rules Pertaining to Transport Permits for the Movement of Extra-Legal Vehicles or Loads is to enable the
Department to issue permits for Vehicles and Loads exceeding Legal Limits. Section 42-4-510 (3), C.R.S. authorizes the
Department to prescribe conditions of operation for the movement of Extra-Legal Loads. These rules are being updated to
comply with the passage of the FAST Act, codified at 23 U.S.C. 127, and make other minor changes.
Statutory authority
§§ 42-4-510 (1)(b), 510(3), 511(1), and § 43-1-106(8)(k), C.R.S.
Contact information
Name
Mary Frances Nevans
Telephone
303 757-9723
Title
Rules Administrator
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF TRANSPORTATION
Transportation Commission
RULES PERTAINING TO TRANSPORT PERMITS FOR THE MOVEMENT OF EXTRA-LEGAL
VEHICLES OR LOADS
2 CCR 601-4
_________________________________________________________________________
CHAPTER 1
AUTHORITY AND GENERAL PROVISIONS
100
STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
101
History
The Rules Pertaining to Transport Permits for the Movement of Extra-Legal Vehicles or Loads were made
effective on the following dates: June 30, 1984; January 30, 1986; November 30, 1986; January 30, 1988;
May 30, 1988; April 30, 1989; March 4, 1991; April 30, 1992; July 30, 1999; January 30, 2004; August 1,
2007; August 1, 2010, and June 30, 2012, and November 14, 2015.
102
Statement of Basis and Purpose and Statutory Authority
The July 2015 rulemaking was initiated to conform the rules to a change in HB14-1160, codified at § 42-4510(11)(a)(VII)(D), C.R.S., which created a new annual fleet permit for non-interstate overweight divisible
loads pertaining to power units utilizing a trailer with two or three axles. Additionally, the Department is
clarifying height restrictions in conformance with § 42-4-504(1), C.R.S., incorporating processes for the
new electronic permitting system, and conforming the Auxiliary Power Unit (“APU”) requirements to a
change in weight made in MAP-21 (23 U.S.C. 127), increasing the APU from 400 to 550 lbs. Thereafter,
with the passage of the FAST Act, codified at 23 U.S.C. 127, a rulemaking was initiated to conform the
requirements of the Act and make other minor changes.
Specific statutory authority for the Colorado Transportation Commission to adopt and promulgate Rules
pertaining to Transport Permits for the operation or movement of Extra-legal Vehicles or Loads, is
contained in § § 42-4-510 (1)(b), 511(1), and § 43-1-106(8)(k), C.R.S. Various permits issued under the
law require restrictions or conditions for movement which includes using Pilot Escort Vehicles to
accompany the movement of Loads, in an effort to protect the health, safety and welfare of the traveling
public. Conditions for requirements prescribed by the Department are statutorily authorized under § 42-4510 (3), C.R.S.
The purpose of the Rules is to comply with state statutes that allow the movement on State Highways of
Vehicles and Loads exceeding Legal Limits provided that the Department issues a permit for such
Vehicles and Loads. Section 42-4-510 (3), C.R.S. authorizes the Department to prescribe conditions of
operation for the movement of Extra-Legal Loads.
1
103
General Provisions
[No changes from 103 to 103.5]
CHAPTER 2
DEFINITIONS
[No changes from 200 to 206]
207
Bulk Fluid Milk Products – A cargo tank shipment of raw unpasteurized milk from a dairy
farm to market for processing.
2078
Cluster Lights - An assemblage of three or more red or yellow clearance lights.
2089
Commercial Vehicle Rules - The State of Colorado, Department of Public Safety, Rules and
Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles (8 C.C.R.
1507-1).
209
C.R.S. - Colorado Revised Statutes, as may be amended.
[No changes from 210 to 256]
CHAPTER 3
TRANSPORT PERMITS AND APPLICATION INFORMATION
[No changes to Chapter 3]
CHAPTER 4
TRANSPORT PERMIT OPERATING REQUIREMENTS AND RESTRICTIONS
[No changes from 400 to 407.2]
407.3
An Extra-legal Vehicle or Load that weighs more than one hundred forty thousand pounds Gross
Vehicle Weight must:
407.3.1 Not exceed forty miles per hour when crossing bridges; and
407.3.2 Travel in the center of the driving Lane when crossing bridges.
407.43 An Extra-legal Vehicle or Load that weighs more than two hundred thousand pounds Gross
Vehicle Weight and all Chapter 8 Special Mobile Machinery must:
407.43.1
Not exceed ten miles per hour on those bridge specifically restricted by the
Department and listed on the Transport Permit.
407.43.2
Travel in the center of the driving Lane when crossing bridges; and
407.43.3
If required to slow to ten miles per hours on any bridge along the approved route,
attached to the rear of the Extra-legal Vehicle or Load an Oversize Load Sign reading as
follows: “CAUTION: THIS VEHICLE MAY SLOW TO 10 MPH TO CROSS BRIDGES” .
[No change from 408 to 409.3]
409.4
An Extra-legal Vehicle or Load more than 17 feet in Height must be accompanied by a licensed
signal contractor through all intersections controlled by an overhead traffic signal.
CODE OF COLORADO REGULATIONS
Transportation Commission
2 CCR 601-4
[No change from 410 to 412.2]
CHAPTER 5
PILOT ESCORT CERTIFICATION REQUIREMENTS
[No change from 500 to 500.4.3]
500.5
Pilot escort drivers must provide a current (within 30 days) Motor Vehicle Record (MVR) in the
state of current residence, for the immediate previous five year period, to the Pilot Escort
Certification Program at the time of the course. For this immediate previous five year period, tThe
driving records must be clear of any conviction for drug or alcohol related offenses and not
contain a single moving violation penalty assessment of six (6) points or more.
500.6
Pilot Escort drivers will be issued a certification card by an authorized Pilot Escort Certification
Program and shall have it in their possession at all times while in pilot escort operations.
500.7
Initial certification will be valid for four years from the date of issue. One additional four-year
certification may be obtained through a mail in or on-line recertification process provided by an
authorized Pilot Escort Certification Program. It will be the responsibility of the driver to maintain
certification.
500.8
Colorado Pilot Escort certifications issued prior to August 1, 2007 will not be valid.
500.98 Operators must notify the Department in writing within 30 days of any change of address or
name.
500.109
All Pilot Escort drivers must be knowledgeable of, and comply with, these Rules and
escort the permitted Vehicle in such a manner that complies with these Rules, the Bridge Weight
Limit Map, the Pilot Escort and Oversize Restriction Map, the Height Restriction Map, the
Hazardous and Nuclear materials map and all other Highway restrictions. This information is
available, and may be printed if the pilot escort driver so desires, on both the CDOT Commercial
Vehicle Permits Webpage or on the Motor Carriers’ dashboard of the CDOT permitting system by
clicking on the Annual Permit Route link. The Pilot Escort driver must have the following
documents, or access to the documents electronically, in the Pilot Escort Vehicle when piloting
permitted vehicles on the Colorado Highways:
500.109.1
Their valid certification card;
500.109.2
Copy of the Extra-Legal Rules; Proof of insurance as required in 500.4.3;
500.109.3
Bridge Weight Limit Map;The original Transport Permit or legible copy of the
same in accordance with § 42-4-510(4), C.R.S.
500.10.4
Pilot Escort and Oversize Restriction Map;
500.10.5
Height Restriction Map;
500.10.6
Hazardous and Nuclear Materials Map; and
500.10.7
Proof of insurance as required in 500.4.3
[No change from 501 to 504.4]
505
Pilot Escort Vehicle Equipment Requirements
505.1
Pilot Escort vehicles shall be equipped with the following safety items:
3
505.1.1 Standard 18 inch or 24 inch red/white “STOP” and black/orange “SLOW” paddle signs.
Construction zone flagging requires the 24-inch sign.
505.1.2 At least three reflective bi-directional triangles or their equivalent.
505.1.3 Eight red-burning flares, glow sticks or equivalent illumination device approved by the
Department.
505.1.4 Three orange traffic cones which are a minimum of 18 inches high with a 6 inch reflective
collar.
505.1.5 Flashlight, which uses two or more D cell batteries, with a minimum 1 ½ inch lens
diameter, with extra batteries or charger (emergency type shake or crank will not be
allowed);, Aand a 6 inch minimum length red or orange cone flashlight for use when
directing traffic.
505.1.6 Orange or white hardhat and TypeClass 2 or Class 3 reflective orangehigh visibility safety
vest for each personnel involved in pilot escort operations. Class 3 reflective vests are
required for operations during hours of darkness.
505.1.7 For front escort vehicles piloting loads greater than 16’ high, a height-measuring pole with
a non-conductive tip, made of non-destructive, flexible material. Compression fittings are
not acceptable.
a.
A Pilot Escort Vehicle shall use a Height pole at all times when escorting an
Extra-legal Vehicle or Load exceeding sixteen feet in Height, unless otherwise
expressly authorized by the Department on the permit.
b.
The Height pole shall not extend more than six inches above the maximum
Height of the Extra-legal Vehicle or Load the Pilot Escort Vehicle is escorting.
C
When the Pilot Escort Vehicle is not escorting an Extra-legal Vehicle or Load but
is moving on the Highway, the Height pole shall be removed, tied down, or
shortened to within Legal Limits.
[No changes from 505.1.1.8 to 509.2]
CHAPTER 6
SPECIAL PERMITS
[No changes to Chapter 6]
CHAPTER 7
EXCEPTIONS TO THE RULES
[No changes from 700 to 704.3.3]
704.4
Towing carriers may transport an Extra-legal Vehicle, LVC, or other combination, divisible
or non-divisible, or single unit that becomes an Extra-legal Vehicle when connected to a
towing carrier, to place of repair or towing carrier’s storage facility, and:
704.4.1 The towing carrier must have a valid extra-legal permit but not confined to
parameters of section 304 and
704.4.2 The towing carrier must have a PUC permit as required in 40-13-103 CRS; and
CODE OF COLORADO REGULATIONS
Transportation Commission
2 CCR 601-4
704.4.3 When towing a combination vehicle, the towing carrier must utilize the braking
system of the trailer, if operational, unless exempted by a peace officer; and
704.4.3.1
Any pilot escort vehicles, which were required to accompany the
load prior to requiring the tow, shall continue to accompany the load,
while being towed.
704.4.3.2
These rules shall not require the tow carrier to obtain a pilot
escort vehicle[s] if not required before the towing carrier connected; and
704.4.3.3
The towing carrier is exempt from Section 405 regarding
hazards; and
704.4.3.4
The towing carrier is exempt from Section 212 and 407.1
regarding divisible loads; and
704.4.3.5
The towing carrier is exempt from Sections 407 and 412
regarding weight restrictions however in no event shall a towing carrier
exceed the allowable weights of any bridge as designated on the Bridge
Weight map.
704.4.3.6
A ‘covered heavy-duty tow and recovery vehicle’ shall be exempt
from the requirement to obtain an overweight permit.
704.4.3.6.1 The term ‘covered heavy-duty tow and recovery vehicle’
means a vehicle that—
(A) Is transporting a disabled vehicle from the place where the
vehicle became disabled to the nearest appropriate repair
facility; and
(B) Has a gross vehicle weight that is equal to or exceeds the
gross vehicle weight of the disabled vehicle being transported.
[No change from 705 to 711]
712
Drive-away saddlemount vehicle transporter combinations are specialized equipment (Title 23
C.F.R., Part 658.13). Such equipment may operate with an overall length limit of not more than
97 feet on such combinations. This provision applies to drive-away saddlemount combinations
with up to three saddlemounted vehicles. Such combinations may include on fullmount. Title 23
C.F.R., Part 658.13 supersedes §42-4-504 (4.5), C.R.S.
712
Emergency Vehicles
712.1 An emergency vehicle, other than an “Authorized emergency vehicle”, as defined in § 42-1102(6), C.R.S., which is designed to be used under emergency conditions: to transport personnel
and equipment; and to support the suppression of fires and mitigation of other hazardous
situations shall be exempt from the requirement to obtain an overweight permit if the gross
vehicle weight is less than 86,000 lbs. Maximum axle allowances are as follows:
(A) 24,000 pounds on a single steering axle;
(B) 33,500 pounds on a single drive axle;
(C) 62,000 pounds on a tandem axle; or
5
(D) 52,000 pounds on a tandem rear drive steer axle.
712.2 Weight allowances for axle configurations not listed in 712.1, are as listed on the Colorado
Bridge Weight Limit map
[No change from 713 to 713.2]
[No change to Chapter 8 and 9]
CHAPTER 10 DENIAL OF PERMIT APPLICATION SUSPENSION OR REVOCATION OF PERMITS
HEARINGS AND APPEALS
1000
The Department shall track permit violations reported to the Department by law enforcement
agencies, including data reported to the Department that establish patterns of noncompliance.
The Department may deny a permit application and may amend, revise, modify, suspend, or
revoke a permit for violations of the Rules or of permit conditions, in accordance with the
provisions of §24-4-104 and §24-4-105, C.R.S. If the application for a new permit or a renewal
permit is denied without a hearing, the Department shall notify the Applicant in writing of such
action and the ground(s) therefore, and the Applicant has sixty days after the giving of such
notice in which to request a hearing.
1001
The Department may deny a permit application if the Applicant:
1001.1 Does not comply with the stated criteria, terms, purpose, and requirements of the Rules,
a prior permit, §42-4-505, C.R.S. or §42-4-510, C.R.S.
1001.2 Fails to show Good Cause to issue a permit.
1001.3 Makes a false statement on the application for a Transport Permit.
1001.4 Fails to provide all applicable information in the form required by the Department.
1001.5 Fails to submit permit fee with the application.
1001.6 The Department determines that granting a permit in the particular circumstances
described in the application will present a public safety hazard, will unreasonably interfere
with the efficient movement of traffic, or will subject the State Highways to undue
damage.
1001.7 Violates any ordinance or resolution of a local authority concerning operation or
movement of an Extra-legal Vehicle or Load.
1002
The Department may revoke or suspend an existing permit as follows:
1002.1 Upon a finding that the Permittee has violated the stated criteria, terms, purpose,
requirements and conditions of the permit, the Rules, §42-4-505 C.R.S. or §42-4-510
C.R.S.
1002.2 A false statement by the Applicant in the application for a Transport Permit.
1002.3 Failure by the Permittee to pay applicable ad valorem taxes prior to movement of a used
manufactured home.
1002.4 Falsification or misrepresentation by the Permittee of an Emergency situation, in order to
obtain oral authorization to move an Extra-legal Vehicle or Load.
CODE OF COLORADO REGULATIONS
Transportation Commission
2 CCR 601-4
1002.5 Where the Department has reasonable grounds to believe and finds that the Permittee
has been guilty of deliberate and willful violation or that the public health, safety or
welfare imperatively requires Emergency action as outlined in §24-4-104 (4), C.R.S.
1002.6 Permittee actions or omissions while operating or moving an Extra-legal Vehicle or Load
which impair public safety, interfere with the efficient movement of traffic, or damage the
State Highway.
1002.7 Violation by the Permittee of any ordinance or resolution of a local authority concerning
operation or movement of an Extra-legal Vehicle or Load.
1003
All appeals and hearings which are required by law regarding denial, suspension, revocation,
limitation or modification of a permit shall be requested, provided and conducted pursuant to the
Administrative Procedures Act (APA) §24-4-101 et. seq., C.R.S.
1004
Any hearing required by this Chapter shall be presided over by the Chief Engineer of the
Department or by an Administrative Law Judge appointed pursuant to Part 10 of Article 30 of Title
24, C.R.S. If a hearing is held before an Administrative Law Judge and if either party is
dissatisfied with the initial decision of the administrative law judge, then an appeal may be made
to the Chief Engineer, pursuant to §24-4-105 (14) and (15), C.R.S., within thirty days after the
date of service of the initial decision. The appeal shall comply with the requirements of §24-4-105,
C.R.S., and shall specify the findings of fact and conclusions of law the dissatisfied party is
appealing. All appeals shall be submitted to: the CDOT Headquarters Building, addressed to the
Chief Engineer, Colorado Department of Transportation 4201 East Arkansas Avenue, Denver,
Colorado 80222.
_________________________________________________________________________
7
Notice of Proposed Rulemaking
Tracking number
2016-00609
Department
700 - Department of Regulatory Agencies
Agency
702 - Division of Insurance
CCR number
3 CCR 702-3
Rule title
FINANCIAL ISSUES
Rulemaking Hearing
Date
Time
01/03/2017
02:00 PM
Location
1560 Broadway, Ste 850, Denver CO 80202
Subjects and issues involved
3-5-1 The provisions of this regulation are now contained in the new 8-Series, and this regulation is no longer needed. The purposes of this regulation are: to interpret and
implement the title insurance code found in article 11 of title 10 of the Colorado Revised Statutes; to promote the public welfare by proscribing practices which, if not
proscribed, could result in excessive, inadequate, or unfairly discriminatory rates for title insurance, and which practices, if not proscribed, could allow unlawful inducements,
deceptive trade practices, and discriminatory acts, all of which are detrimental to the consumer and, in the aggregate, may threaten the solvency of title insurance companies
and title insurance agents; and to ensure to the consumers the benefits of competition in the area of title insurance.
Statutory authority
10-1-109, 10-2-104, 10-3-1110, 10-4-404(1), 10-11-118, and 10-11-124 (2), C.R.S.
Contact information
Name
Christine Gonzales-Ferrer
Telephone
303-894-2157
Title
Rulemaking Coordinator
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
3 CCR 702-3
FINANCIAL ISSUES
Proposed Repeal of Amended Regulation 3-5-1
TITLE INSURANCE
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Authority
Scope and Purpose
Applicability
Definitions
Repealed (October 1, 2015)
Repealed (August 15, 2016)
Repealed (October 1, 2015)
Rules Regarding Agent Licensing
Rules Regarding Fiduciary Duties
Severability
Incorporated Materials
Severability
Effective Date
History
Section 1
Authority
This regulation is promulgated pursuant to the authority of §§ 10-1-109, 10-2-104, 10-3-1110, 10-4404(1), 10-11-118, and 10-11-124 (2), C.R.S.
Section 2
Scope and Purpose
The purposes of this regulation are: to interpret and implement the title insurance code found in article 11
of title 10 of the Colorado Revised Statutes; to promote the public welfare by proscribing practices which,
if not proscribed, could result in excessive, inadequate, or unfairly discriminatory rates for title insurance,
and which practices, if not proscribed, could allow unlawful inducements, deceptive trade practices, and
discriminatory acts, all of which are detrimental to the consumer and, in the aggregate, may threaten the
solvency of title insurance companies and title insurance agents; and to ensure to the consumers the
benefits of competition in the area of title insurance.
In Colorado, the majority of real estate transactions require a policy of title insurance. In most instances, a
consumer makes the selection of a title entity not through comparison-shopping, but rather through a
referral or recommendation from a real estate broker, lawyer, developer, lender, or mortgage broker.
Thus, the competition for title insurance business is not at the level of the ultimate consumer, but rather at
the level of the referring parties – the settlement producers.
Further, increasing consumer understanding of title insurance is difficult. Since most consumers will only
need to purchase title insurance a few times in their lives, there is little economic incentive for the average
consumer to learn about title insurance. These factors may cause a consumer to be vulnerable to
excessive rates, deceptive trade practices, and/or discriminatory acts.
This regulation addresses the issues above. Its purpose is to protect the consumer, to ensure that the title
industry is freely and fairly competitive, and to provide valuable products and services to consumers at
reasonable rates.
Section 3
Applicability
This regulation governs title entities and does not extend the regulatory authority of the Colorado Division
of Insurance (“Division”) to any person other than title entities or persons transacting the business of title
insurance.
Section 4
Definitions
A.
"Affiliate” means, for the purpose of this regulation, a person who directly, or indirectly through
one or more intermediaries, controls, or is controlled by, or is under common control with a title
entity.
B.
“Affiliated business arrangements” shall have the same meaning as found at § 10-11-102 (1),
C.R.S. Affiliated business arrangements are distinct from controlled business arrangements,
which are defined by § 10-2-401(4), C.R.S.
C.
"Associate" shall have the same meaning as found at § 10-11-102 (2.5), C.R.S.
D.
“Closing agent” means, for the purpose of this regulation, any and all persons contracted to
perform closing and settlement services on behalf of a title entity.
E.
“Closing instructions” or “written instructions” shall mean, for the purpose of this regulation, a
document, signed by all necessary parties to a transaction, which purports to direct a title entity in
the completion of settlement services.
F.
“Commitment” or “title commitment” shall mean, for the purpose of this regulation, a report
furnished in connection with an application for title insurance, which is a statement of the
requirements, terms, and conditions upon which the title insurance company is willing to insure an
interest in subject property.
G.
“Core title services” shall have the same meaning as found at the United States Department of
Housing and Urban Development (HUD) RESPA Statement of Policy 1996-4.
H.
“Farm package” means, for the purpose of this regulation, a compilation of information pertaining
to ownership and characteristics of property within a specific geographic area provided in any
format, e.g., labels, envelopes, postcards and/or electronic media. Farm package materials
generally include, but are not limited to, names and addresses, profiles, property characteristics,
demographic information, and/or census information.
I.
“Fee” means, for purposes of this regulation, the price other than the rates assessed to a
consumer by a title entity in rendering services pursuant to the business of title insurance as
defined in § 10-11-102, C.R.S.
J.
"Financial institution" has the same meaning as found at § 38-35-125, C.R.S.
K.
“Ownership and encumbrance report” (“O&E”) means, for the purpose of this regulation,
information identifying the last recorded owner, legal description and recorded deeds of trust or
mortgages of a particular real property address available from public records.
L.
“Person” has the same meaning as found at § 10-2-103(8), C.R.S.
M.
“Settlement producer” shall have the same meaning as found at § 10-11-102 (6.5), C.R.S., and
does not include insurance producers as defined in § 10-2-103 (6), C.R.S.
N.
“Settlement services” shall have the same meaning as found at §10-11-102(6.7), C.R.S.
O.
“TBD commitment” shall mean, for the purpose of this regulation, a commitment furnished prior to
a full application for title insurance, in which all parties and/or details concerning a transaction are
not yet known (e.g. buyer, seller, sales amount, loan amount, etc.)
P.
“Title insurance agent” shall have the same meaning as found at § 10-11-102(9), C.R.S.
Q.
"Title insurance company” shall have the same meaning as found at § 10-11-102(10), C.R.S.
R.
"Title entity" shall mean, for the purpose of this regulation, title insurance agents, title insurance
agencies and title insurance companies.
Section 5
Repealed (October 1, 2015)
The requirements of this section are now found in Colorado Insurance Regulation 8-1-1.
Section 6
Repealed (August 15, 2016)
The requirements of this section are now found in Colorado Insurance Regulation 8-1-3.
Section 7
Repealed (October 1, 2015)
The requirements of this section are now found in Colorado Insurance Regulation 8-1-2.
Section 8
Rules Regarding Agent Licensing
A.
To demonstrate compliance with § 10-11-116(2), C.R.S., the title entity seeking licensure shall
submit a notarized letter from an accountant verifying that upon a limited review of the title entity’s
books and records performed for this purpose, the accountant reasonably believes the title entity
has a net worth at least equal to the minimum amount set forth in § 10-11-116 (2), C.R.S., or the
title entity possesses actual paid-in cash capital of at least the amount set forth in § 10-11-116
(2), C.R.S.
B.
Every title entity shall disclose every affiliated business arrangement in a form acceptable to the
Commissioner. Such disclosure shall be completed with every new or renewal license application
and within thirty (30) days of any changes of the disclosed information.
Section 9
Rules Regarding Fiduciary Duties
A.
All title entities and their authorized agents in possession of funds received and belonging to
others shall maintain the funds in a fiduciary capacity in a separate fiduciary fund account or
accounts supported by books and records sufficient to identify such funds. The fiduciary fund
account(s) shall be identified as “fiduciary fund”, “trust account” or “escrow account”, or identified
similarly. These funds include but are not limited to underwriter portions of title insurance
premiums, earnest money deposits, loan proceeds, sellers’ proceeds, and homeowners
association dues.
B.
All fiduciary funds shall be maintained in an account separate from other monies and assets of
the title entity. Commingling of other monies and assets of the title entity with fiduciary funds is
prohibited. Notwithstanding the foregoing, nothing herein shall prohibit the advancement of funds
authorized pursuant to § 38-35-125 (2), C.R.S.
C.
All fiduciary funds shall be deposited within three (3) business days with a state or federal bank,
or a savings and loan association whose depositors are insured by an instrumentality of the
United States Government, unless otherwise directed in writing by all parties to the transaction
that established the need for the fiduciary funds to be deposited with the title entity.
D.
Except as otherwise consented to in writing by the parties to a transaction establishing the need
for fiduciary funds, a title entity or its authorized agent shall not use such fiduciary funds for any
purpose other than the purpose or purposes set forth in the written agreement for which the
fiduciary funds were deposited with the title entity.
E.
Fiduciary funds shall not be deposited by a title entity into a treasury management account,
sweep account, or any other type of investment account unless and until prior, written
authorization has been obtained from all necessary parties for whom said funds are being held by
the title entity.
F.
A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary
parties to a transaction that interest is or has been earned. Said disclosure must offer the
opportunity to receive payment of any interest earned on such funds beyond any administrative
fees as may be on file with the Division. Said disclosure must be clear and conspicuous, and may
be made at any time up to and including closing.
G.
Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form
agreeable to the title entity, it shall comply with the following:
1.
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and
hold them in a fiduciary capacity.
2.
The title entity shall use any funds designated as “earnest money” for the consummation
of the transaction as evidenced by the contract to buy and sell real estate applicable to
said transaction, except as otherwise provided in this section. If the transaction does not
close, the title entity shall:
3.
a.
Release the earnest money funds as directed by written instructions signed by
both the buyer and seller; or
b.
If acceptable written instructions are not received, uncontested funds shall be
held by the title entity for 180 days from the scheduled date of closing, after
which the title entity shall return said funds to the payor.
In the event of any controversy regarding the funds held by the title entity (not
withstanding any termination of the contract), the title entity shall not be required to take
any action unless and until such controversy is resolved. At its option and discretion, the
title entity may:
a.
Await any proceeding;
b.
Interplead all parties and deposit such funds into a court of competent
jurisdiction, and recover court costs and reasonable attorney and legal fees; or
c.
Deliver written notice to the buyer and seller that unless the title entity receives a
copy of a summons and complaint or claim (between buyer and seller),
containing the case number of the lawsuit or lawsuits, within 120 days of the title
entity’s written notice delivered to the parties, title entity shall return the funds to
the depositing party.
4.
Section 10
Nothing herein shall be read as relieving the responsibilities, if any, of any title entity in
complying with the Colorado unclaimed property act, § 38-13-101, et seq., C.R.S.
Severability
If any provision of this regulation or the application of it to any person or circumstance is for any reason
held to be invalid, the remainder of this regulation shall not be affected.
Section 11
Incorporated Materials
The HUD Statement of Policy 1996-2, which is the Policy Statement on Sham Controlled Business
Arrangements, published by the United States Department of Housing and Urban Development shall
mean the HUD Statement of Policy 1996-2 as published on the effective date of this regulation and does
not include later amendments to or editions of the HUD Statement of Policy 1996-2. A copy of the HUD
Statement of Policy 1996-2 may be examined during regular business hours at the Colorado Division of
Insurance, 1560 Broadway, Suite 850, Denver, Colorado, 80202, or by visiting the United States
Department of Housing and Urban Development website at
http://www.hud.gov/offices/hsg/ramh/res/res0607c.cfm. A certified copy of the HUD Statement of Policy
1996-2 may be requested from the Colorado Division of Insurance for a fee.
The HUD Statement of Policy 1996-4, which is the Statement of Enforcement Standards: Title Insurance
Practices in Florida; Final Rule, published by the United States Department of Housing and Urban
Development shall mean the HUD Statement of Policy 1996-4 as published on the effective date of this
regulation and does not include later amendments to or editions of the HUD Statement of Policy 1996-4.
A copy of the HUD Statement of Policy 1996-4 may be examined during regular business hours at the
Colorado Division of Insurance, 1560 Broadway, Suite 850, Denver, Colorado, 80202m or by visiting the
United States Department of Housing and Urban Development website at
http://www.hud.gov/offices/hsg/ramh/res/respapol.cfm. A certified copy of the HUD Statement of Policy
1996-4 may be requested from the Colorado Division of Insurance for a fee.
The federal Real Estate Settlement Procedures Act, 12 U.S.C. sec. 2601 et seq., published by the United
States Government Printing Office, shall mean the federal Real Estate Settlement Procedures Act, 12
U.S.C. sec. 2601 et seq. as published on the effective date of this regulation and does not include later
amendments to or editions of federal Real Estate Settlement Procedures Act, 12 U.S.C. sec. 2601 et
seq.. A copy of the federal Real Estate Settlement Procedures Act, 12 U.S.C. sec. 2601 et seq. may be
examined during regular business hours at the Colorado Division of Insurance, 1560 Broadway, Suite
850, Denver, Colorado, 80202, or by visiting the United States Government Printing Office website at
http://www.gpo.gov/fdsys/pkg/USCODE-2011-title12/html/USCODE-2011-title12-chap27.htm. A certified
copy of the federal Real Estate Settlement Procedures Act, 12 U.S.C. sec. 2601 et seq. may be
requested from the Colorado Division of Insurance for a fee.
The American Land Title Association (ALTA) Closing Protection Letter & Explanation (revised 01-012008); the ALTA Closing Protection Letter – Limitations (revised 01-01-2008); and the ALTA Closing
Protection Letter – Single Transaction Limited Liability (revised 01-01-2008), published by American Land
Title Association, shall mean the American Land Title Association (ALTA) Closing Protection Letter &
Explanation (revised 01-01-2008); the ALTA Closing Protection Letter – Limitations (revised 01-01-2008);
and the ALTA Closing Protection Letter – Single Transaction Limited Liability (revised 01-01-2008),as
published on the effective date of this regulation and does not include later amendments to or editions of
American Land Title Association (ALTA) Closing Protection Letter & Explanation (revised 01-01-2008);
the ALTA Closing Protection Letter – Limitations (revised 01-01-2008); and the ALTA Closing Protection
Letter – Single Transaction Limited Liability (revised 01-01-2008). A copy of the American Land Title
Association (ALTA) Closing Protection Letter & Explanation (revised 01-01-2008); the ALTA Closing
Protection Letter – Limitations (revised 01-01-2008); and the ALTA Closing Protection Letter – Single
Transaction Limited Liability (revised 01-01-2008) may be examined during regular business hours at the
Colorado Division of Insurance, 1560 Broadway, Suite 850, Denver, Colorado, 80202. A certified copy of
the American Land Title Association (ALTA) Closing Protection Letter & Explanation (revised 01-012008); the ALTA Closing Protection Letter – Limitations (revised 01-01-2008); and the ALTA Closing
Protection Letter – Single Transaction Limited Liability (revised 01-01-2008) may be requested from the
Colorado Division of Insurance for a fee.
Section 12
Enforcement
Noncompliance with this regulation may result in the imposition of any of the sanctions made available in
the Colorado statutes pertaining to the business of insurance, or other laws, which include the imposition
of civil penalties, issuance of cease and desist orders, and/or suspensions or revocation of license,
subject to the requirements of due process.
Section 13
Effective Date
This regulation is effective August 15, 2016.
Section 14
History
Originally promulgated in 1972 as 72-3.
Amended regulation in 1988 as 88-5.
Amended regulation in 1989 as 89-2.
Amended regulation in 1992 as 3-5-1.
Amended regulation in 1996.
Amended regulation, effective January 1, 2002.
Amended regulation effective August 31, 2005.
Regulation 3-5-1 repealed and repromulgated in full effective January 1, 2007.
Regulation 3-5-1 repealed and repromulgated in full effective May 1, 2010.
Amended regulation effective October 1, 2015.
Amended regulation effective August 15, 2016.
Repeal effective February 15, 2017.
Notice of Proposed Rulemaking
Tracking number
2016-00606
Department
700 - Department of Regulatory Agencies
Agency
702 - Division of Insurance
CCR number
3 CCR 702-4 Series 4-2
Rule title
LIFE, ACCIDENT AND HEALTH, Series 4-2
Rulemaking Hearing
Date
Time
01/03/2017
02:00 PM
Location
1560 Broadway, Ste 850, Denver CO 80202
Subjects and issues involved
4-2-27 The purpose of this regulation is to establish procedures for the submission of reasonable modifications to
grandfathered individual and small group health benefit plans, to non-grandfathered individual and small group
health benefit plans, as outlined in § 10-16-105.1(5), C.R.S., and to pediatric stand alone dental plans.
Statutory authority
10-1-109, 10-16-109, and 10-16-105.1(6), C.R.S.
Contact information
Name
Christine Gonzales-Ferrer
Telephone
303-894-2157
Title
Rulemaking Coordinator
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
3 CCR 702-4
LIFE, ACCIDENT AND HEALTH
Proposed Repealed and Repromulgated Regulation 4-2-27
PROCEDURES FOR REASONABLE MODIFICATIONS TO INDIVIDUAL AND SMALL
GROUP HEALTH BENEFIT PLANS AND PEDIATRIC STAND ALONE DENTAL
PLANS COMPLIANT WITH THE AFFORDABLE CARE ACT
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Authority
Scope and Purpose
Applicability
Definitions
Rules
Requirements
Severability
Enforcement
Effective Date
History
Cover Letter Template
HIOS Plan ID Listing
Side – by – Side Comparison
Individual Policyholder Letter Template
Small Group Policyholder Letter Template
Section 1
Authority
This regulation is promulgated and adopted by the Commissioner of Insurance under the authority of §§
10-1-109, 10-16-109, and 10-16-105.1(6), C.R.S.
Section 2
Scope and Purpose
The purpose of this regulation is to establish procedures for the submission of reasonable modifications to
grandfathered individual and small group health benefit plans, to non-grandfathered individual and small
group health benefit plans, as outlined in § 10-16-105.1(5), C.R.S., and to pediatric stand alone dental
plans.
Section 3
Applicability
This regulation applies to all carriers seeking to make reasonable modifications to any individual or small
group health benefit plan and/or a pediatric stand alone dental plan compliant with the Affordable Care
Act.
Section 4
A.
Definitions
“Carrier” means, for the purposes of this regulation, a carrier as defined in § 10-16-102(8), C.R.S.
B.
“Pediatric stand alone dental plans” means, for the purposes of this regulation, a plan that
provides the required pediatric dental benefits as a part of the Essential Health Benefits (EHB)
package, separate from the medical plan.
C.
“Plan” means, for the purposes of this regulation, the pairing of the health insurance coverage
benefits under the product with a particular cost-sharing structure, specific cost-sharing amounts,
provider network, and service area.
D.
“PPACA” or “ACA” means, for the purposes of this regulation, The Patient Protection and
Affordable Care Act, Pub. L. 111-148 and the Health Care and Education Reconciliation Act of
2010, Pub. L. 111-152.
E.
“Product” means, for the purposes of this regulation, a package of health insurance coverage
benefits with a discrete set of rating and pricing methodologies that a carrier offers in a state.
F.
“Reasonable modification” means, for the purpose of this regulation, a modification to the benefits
of a plan that is fair and reasonable, as determined by the Division of Insurance (Division), and do
not necessitate the filing of a new plan.
G.
“SERFF” means, for the purposes of this regulation, System for Electronic Rate and Form Filings.
Section 5
A.
Rules
Non-Grandfathered Plans
1.
2.
Federal or State Requirement Changes
a.
A carrier may reasonably modify the benefits of a plan in accordance with a
change in federal or state requirements if the reasonable modification is applied
uniformly to all individual or small groups covered by the plan; and
b.
The reasonable modification is made within a reasonable time period and is
directly related to the change in federal or state requirement(s).
Other Types of Reasonable Modifications
a.
Reasonable modifications are allowable if applied uniformly to all individual or
small groups covered by the plan and if they meet all of the following criteria:
(1)
The plan is offered by the same carrier;
(2)
The plan is offered as the same network type (for example: health
maintenance organization, preferred provider organization, exclusive
provider organization, point of service, or indemnity);
(3)
The plan continues to cover at least a majority of the same service area
which must include a majority of the current counties, taking into
consideration the population density of the counties that remain in the
carriers’ service area;
(4)
The plan has the same cost-sharing structure as before the reasonable
modification, except for any variation in cost-sharing solely related to
changes in cost and utilization of medical care, or to maintain the same
metal tier level described in § 10-16-103.4, C.R.S. A cost-share structure
change includes the following and will not be allowed:
(4)
b.
c.
d.
B.
(a)
Changing from copays to coinsurance when copays apply to the
majority of services; or
(b)
Changing from coinsurance to copays when coinsurance applies
to the majority of services.
Actuarial justification will be accepted if changes are made to maintain
the plan’s metal tier.
Potential reasonable modifications include, but are not limited to:
(1)
Adding a benefit;
(2)
Increasing out-of-pocket maximum to match federal limits; and/or
(3)
Increasing or reducing deductibles or copays.
Potential unreasonable modifications may include, but are not limited to:
(1)
Metal level changes;
(2)
Removing a benefit; or
(3)
Removing the availability to participate in a HSA.
If a carrier is changing a service area, or discontinuing plans in certain areas, a
discontinuance filing must be submitted to the Division in accordance with the
requirements found at § 10-16-105.1(2)(g), C.R.S., and notification must be given
to policyholders in accordance with the requirements in Colorado Insurance
Regulation 4-2-51.
Pediatric Stand Alone Dental Plans
1.
2.
Federal or State Requirement Changes
a.
A carrier may reasonably modify the benefits of a plan in accordance with a
change to federal or state requirements if the reasonable modification is applied
uniformly to all individual or small groups covered by the plan; and
b.
The reasonable modification is made within a reasonable time period and is
directly related to the change in federal or state requirement(s).
Other Types of Reasonable Modifications
a.
Reasonable modification must be applied uniformly to all individuals and small
groups covered by the plan and must meet all of the following criteria:
(1)
The plan is offered by the same dental insurance carrier;
(2)
The plan is offered as the same network type (for example, health
maintenance organization, preferred provider organization, exclusive
provider organization, point of service, or indemnity);
(3)
The plan continues to cover at least a majority of the same service area
which must include a majority of the current counties, taking into
consideration the population density of the counties that remain in the
carriers’ service area; and
(4)
b.
c.
d.
C.
The plan has the same cost-sharing structure as before the reasonable
modification, except for any variation in cost-sharing solely related to
changes in cost and utilization of medical care, or to maintain the same
metal tier level described in § 10-16-103.4, C.R.S. A cost-share structure
change includes the following and will not be allowed:
(a)
Changing from copays to coinsurance when copays apply to the
majority of services; or
(b)
Changing from coinsurance to copays when coinsurance applies
to the majority of services.
Potential reasonable modifications include, but are not limited to:
(1)
Adding a benefit;
(2)
Increasing out-of-pocket maximum to match federal limits; and/or
(3)
Increasing or reducing deductibles or copays.
Potential unreasonable modifications may include, but are not limited to:
(1)
Actuarial Value change from high to low;
(2)
Actuarial Value change from low to high; or
(3)
Removing a benefit.
If a carrier is changing a service area, or discontinuing plans in certain areas, a
discontinuance filing must be submitted to the Division via SERFF.
Grandfathered Plans
1.
Potential reasonable modifications may include, but are not limited to adding a benefit to
comply with state or federal law.
2.
Potential unreasonable modifications may include, but are not limited to:
a.
Elimination of all or substantially all benefits to diagnose or treat a particular
condition;
b.
Increase in coinsurance percent requirement;
c.
Increase in deductible or out-of-pocket requirements other than a copayment;
d.
Increase in copayment requirements;
e.
Decrease in contribution rate by employers and employee organizations, or
decreases in contribution rate based on cost of coverage towards the cost of any
tier of coverage for any similarly situated individuals by more than five (5)
percentage points below the contribution rate for the coverage period that
included March 23, 2010.
Changes in annual limits;
g.
Addition of an annual limit;
h.
Health plan that did not impose an overall annual or lifetime limit on the dollar
value of all benefits then imposes an overall annual limit on the dollar value of
benefits;
i.
Adding a policy year, calendar year or lifetime limit to a benefit or plan that did
not have a previous limit;
j.
Decrease in limit for a plan or coverage with an annual limit;
k.
Change in the cost-share structure. A cost-share structure change includes the
following:
(1)
Changing from copays to coinsurance when copays apply to the majority
of services; or
(2)
Changing from coinsurance to copays when coinsurance applies to the
majority of services.
3.
If any of the above potential unreasonable modifications are made to the plan it may lose
its status as a grandfathered plan.
4.
The removal of a benefit will be considered an unreasonable modification and that plan
will no longer be considered a Grandfathered Plan.
5.
If a carrier is changing a service area, or discontinuing plans in certain areas, a
discontinuance filing must be submitted to the Division in accordance with the
requirements found at § 10-16-105.1(2)(g), C.R.S., and notification must be given to
policyholders in accordance with the requirements in Colorado Insurance Regulation 4-251.
Section 6
A.
f.
Requirements
Timing of reasonable modification request submissions.
1.
The proposed reasonable modification request for non-grandfathered health benefit plans
must be submitted at a date to be specified by the Division through instructions published
annually;
2.
The proposed reasonable modification request for pediatric stand alone dental plans
must be submitted at a date to be specified by the Division through instructions published
annually.
3.
The proposed reasonable modification request for grandfathered plans must be
submitted annually at least 180 days before the implementation date.
B.
All reasonable modification requests must be submitted electronically through SERFF.
C.
A separate filing must be submitted for each carrier. A single filing, which is made for more than
one (1) carrier or for a group of carriers, is not permitted. This applies even if a product is
comprised of components from more than one carrier, such as an HMO, indemnity, point-ofservice plan, exclusive provider organization or preferred provider organization.
D.
Required Documentation
1.
2.
3.
A carrier must submit a cover letter addressed to the Commissioner in the format
specified in Appendix A of this regulation. The cover letter must include:
a.
The market type of the plan (i.e. individual or small group), and whether it is a
medical plan or a dental plan;
b.
The grandfathered or non-grandfathered status of the plan;
c.
The effective date;
d.
The total number of Colorado groups and members affected; and
e.
The reason the plan(s) is/are being modified.
A carrier must submit the relevant HIOS plan ID listings in the format specified in
Appendix B of this regulation. The listings must be provided in an Excel spreadsheet and
must include the following:
a.
The first column must contain the HIOS plan ID;
b.
The second column must contain the plan marketing name;
c.
The third column must contain the form number; and
d.
The fourth column must contain the status of the HIOS plan ID, using only one of
the following terms:
(1)
“Modifying”;
(2)
“Continuing without Modification”; or
(3)
“Discontinuing”.
e.
All HIOS plan IDs from the previous year must be identified in this spreadsheet
which must not include any zero cost-share variant or silver cost-share variants.
f.
Plans identified as being continued without modifications or discontinued must
not be modified.
A carrier must submit a “Side–by–Side Comparison” document, in the format specified in
Appendix C of this regulation. This comparison document must be provided in an Excel
spreadsheet and include the following column names:
a.
HIOS Plan ID;
b.
Plan Name;
c.
Form Number;
d.
Current Benefit;
e.
Proposed Benefit;
4.
f.
Benefit Impact to AV
g.
Total Actuarial Value before the Changes;
h.
Total Actuarial Value after the Changes;
i.
Total Rate Impact of all Modified Benefits; and
j.
Comments (Optional).
Policyholder notifications must include the following:
a.
The template for the letter that must be sent to individual policyholders is
contained in Appendix D of this regulation. The template for the letter that must
be sent to small group policyholders is contained in Appendix E of this regulation.
Carriers must not alter the sections of the letter but may modify language with
Division approval.
b.
A side–by–side comparison concerning only the modified benefits which must
contain:
c.
d.
(1)
A first column identifying the “Benefit Name”;
(2)
A second column identifying the “Current Benefit”; and
(3)
A third column identifying the “New Benefit”.
The required notification must include the various options available to the
policyholder, which include:
(1)
Continuing the current plan;
(2)
Purchasing another plan with the same carrier;
(3)
Purchasing a new plan with another carrier; and
(4)
Purchasing a new plan through Connect for Health Colorado.
The required notification must be sent to:
(1)
Individual policyholders no less than ninety (90) days prior to January 1.
(2)
Small group policyholders no less than ninety (90) days prior to renewal.
5.
If a requested modification is not approved by the Division and the carrier elects to
discontinue the plan, the carrier must file a discontinuance, in accordance with § 10-16105.1, C.R.S., and Colorado Insurance Regulation 4-2-51. Carriers are not permitted to
auto-enroll a policyholder in another plan offered either by the same carrier or an
associated carrier.
6.
A reasonable modification filing does not fulfill the requirements to file rates and forms in
accordance with Colorado insurance laws and regulations.
Section 7
Severability
If any provision of this regulation or the application thereof to any person or circumstance is for any
reason held to be invalid, the remainder of the regulation shall not be affected.
Section 8
Enforcement
Noncompliance with this regulation may result in the imposition of any of the sanctions made available in
the Colorado statutes pertaining to the business of insurance, or other laws, which include the imposition
of civil penalties, issuance of cease and desist orders, and/or suspensions or revocation of license,
subject to the requirements of due process.
Section 9
Effective Date
This regulation shall become effective on February 15, 2017.
Section 10
History
Regulation effective January 1, 2005.
Amended regulation effective May 1, 2010.
Amended regulation effective January 1, 2014.
Repealed and repromulgated regulation effective February 15, 2017.
Appendix A: Cover Letter Template
Date
Commissioner [Name]
Colorado Division of Insurance
1560 Broadway, Suite 850
Denver, CO 80202
RE:
Proposed Reasonable Modifications to [Non-grandfathered][Grandfathered] Plans in the
[Individual][Small Group] [ACA-Compliant Pediatric Dental] Market
Dear Commissioner [Name]:
Please accept this letter and its attachments as [Carrier name]’s reasonable modification submission for
plans renewing effective [January 1, April 1, July 1, October 1], [Plan year] pursuant to § 10-16-105.1(5),
C.R.S, Colorado Insurance Regulation 4-2-27 and the “Colorado PPACA Reasonable Modification Filing
Procedures” for [plan year].
These plan modifications will affect [XX Colorado individuals] [XX individuals covered under XX Colorado
small groups].
We are proposing to make the following changes:
[Enter either plan specific changes or range changes].
Attached please find:



Exhibit of all [Year] plans;
Side-by-side comparison;
Policyholder letter.
Thank you for your consideration of this request.
Sincerely,
Appendix B: HIOS Plan ID Listings
HIOS Plan ID
[12345CO00100009]
[12345CO00100010]
Plan Marketing Name
[Sample Plan]
[Sample Plan]
Form Number
[CO16]
[CO16]
[12345CO00100011]
[Sample Plan]
[CO16]
Status of Plan
[Modifying]
[Continuing without
modification]
[Discontinuing]
APPENDIX C: SIDE – BY – SIDE COMPARISON
HIOS Plan ID
Plan Name
Form
Number
[12345CO0010
0009]
[Sample
Plan]
[CO16]
[12345CO0010
0009]
[Sample
Plan]
[CO16]
[12345CO0010
0009]
[Sample
Plan]
[CO16]
Benefit
Name
[Office
Visit
Copay]
[InNetwork
Deducti
ble]
[InNetwork
Out-ofPocket]
Current
Benefit
Proposed
Benefit
Benefit
Impact
to AV
[-.14]
Total AV
before
Changes
[81.39]
AV after
Change
[80.98]
Total Rate
Impact of all
Benefits
[-3.1%]
Comments
[$20 per
visit]
[$30 per
visit]
[Applicable
comments]
[$6500.00]
[$6850.00]
[+.24]
[Applicable
comments]
[$6850.00]
[$7150.00]
[-.51]
[Applicable
comments]
Appendix D: Individual Policyholder Letter Template
Dear [Policyholder Name or Covered Person Name],
Your health insurance coverage is coming up for renewal. Your current plan [Plan Name] will continue to
be offered in the upcoming [Upcoming Year] plan year, with changes. If you want to keep your plan, you
don’t have to do anything. Your plan will automatically be renewed on January 1st and you just have to
pay the new monthly premium.
You should review the changes to your benefits, confirm that your health care providers are still in the
plan’s network and confirm any prescriptions you take are still covered.
You can change plans by enrolling in a new plan by visiting [Carrier Website Address],
ConnectforHealthCO.com, or by speaking with your broker or a Health Coverage Guide.
Changes that are being made to your current health plan:
Benefit Name
[PCP Office Visit Copay]
Plan Name
Current Benefit
[$20.00]
New Benefit
[$25.00]
What if I want to change plans?

The [Upcoming Year] Open Enrollment period is from [Date] to [Date]. If you would like to switch
to a different plan with coverage that starts on January 1, [Upcoming Year], the deadline to enroll
is December 15, [Current Year].

You can choose a new plan from us, another insurance carrier or through Connect for Health
Colorado. You or your family may also qualify for Health First Colorado (Colorado’s Medicaid
Program) or the Children’s Health Insurance Program (CHP+), both of which are public programs
that offer low cost health coverage.

If you qualify for financial assistance and/or lower costs, you can get those savings only if you
enroll through Connect for Health Colorado.

You can always contact us, a broker, a Health Coverage Guide, or a Connect for Health Colorado
customer service representative for any help you may need.
What else should I look at before deciding to keep or change my plan?
Call us or visit [Website Address] to make sure your doctor and other health care providers are currently
listed in the network for the [Upcoming Year] plan year, as this may have changed. Also check to make
sure any prescription medications you take will be covered.
Questions?

For plan or benefits questions, please call [Carrier Name, Contact Information and Hours of
Operation] or visit [Website Address].

For premium tax credit and eligibility questions or to learn more about qualifying for financial
assistance, please call a Connect for Health Colorado customer service representative at 1-855752-6749 (TTY: 1- 855-346-3432) or visit ConnectforHealthCO.com.
Getting Help in Other Languages
[Include the tagline below for the top languages spoken by 10% or more of the population in the state.
Spanish (Español): Para obtener asistencia en Español, llame al [Carrier Contact Information.]
Thank you,
[Carrier Logo]
Appendix E: Small Group Policyholder Letter Template
Dear [Policyholder Name],
Your health insurance coverage is coming up for renewal. Your current plan [Plan Name] will continue to
be offered in the upcoming [Upcoming Year] plan year with changes. If you want to keep your plan, you
don’t have to do anything. Your plan will automatically renewed on [Renewal Date] and you just have to
pay the new monthly premium. You should review the changes being made to this group policy to
determine if you want to renew it or change to a new plan. You can change plans by enrolling in a new
plan by visiting [Carrier Website Address], ConnectforHealthCO.com, or by speaking with your broker.
Changes that are being made to your current health plan(s):
Benefit Name
[PCP Office Visit Copay]
Plan Name
Current Benefit
[$20.00]
New Benefit
[$25.00]
What if I want to change plans?


You can choose a new plan from us, another insurance carrier or through Connect for Health
Colorado.
You can always contact us, a broker, a Health Coverage Guide, or a Connect for Health Colorado
customer service representative for any help you may need.
Questions?

For plan or benefits questions, please call [Carrier Name, Contact Information and Hours of
Operation] or visit [Website Address].

Please contact your broker or, if you purchased the plan through Connect for Health Colorado,
contact Connect for Health CO at 1-855-752-6749 or visit www.connectforHealthCO.com.
Getting Help in Other Languages
[Include the tagline below for the top languages spoken by 10% or more of the population in the state.
Spanish (Español): Para obtener asistencia en Español, llame al [Carrier Contact Information.]
Thank you,
[Carrier Logo]
Notice of Proposed Rulemaking
Tracking number
2016-00607
Department
700 - Department of Regulatory Agencies
Agency
702 - Division of Insurance
CCR number
3 CCR 702-8
Rule title
TITLE INSURANCE
Rulemaking Hearing
Date
Time
01/03/2017
02:00 PM
Location
1560 Broadway, Ste 850, Denver CO 80202
Subjects and issues involved
8-1-4 The purposes of this regulation are to set forth the fiduciary duties of title entities and to create reporting requirements to assist the Division of Insurance (Division) with
identifying and mitigating certain risk factors which may have an immediate and direct impact on the solvency of title insurance entities.
Numerous defalcations have occurred in Colorado resulting in losses to Colorado consumers and insurers. As a result, the Commissioner finds that the provisions of this
regulation are necessary in order to protect the title insurance industry, its policyholders and members of the general public that may not directly be title insurance
policyholders.
Statutory authority
10-1-108(7), 10-1-109, 10-2-104, 10-2-704, 10-2-801, 10-3-131, and 10-3-1110, C.R.S.
Contact information
Name
Christine Gonzales-Ferrer
Telephone
303-894-2157
Title
Rulemaking Coordinator
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
3 CCR 702-8
CONCERNING TITLE INSURANCE
Proposed New Regulation 8-1-4
TITLE INSURANCE – FIDUCIARY DUTIES
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Authority
Scope and Purpose
Applicability
Definitions
Rules Regarding Fiduciary Duties
Reporting Requirements for the Prevention of Defalcations
Safe Harbor
Unfair or Deceptive Act or Practice
Severability
Enforcement
Effective Date
History
Section 1
Authority
This regulation is promulgated, and adopted by the Commissioner, pursuant to the authority of §§ 10-1108(7), 10-1-109, 10-2-104, 10-2-704, 10-2-801, 10-3-131, and 10-3-1110, C.R.S.
Section 2
Scope and Purpose
The purposes of this regulation are to set forth the fiduciary duties of title entities and to create reporting
requirements to assist the Division of Insurance (Division) with identifying and mitigating certain risk
factors which may have an immediate and direct impact on the solvency of title insurance entities.
Numerous defalcations have occurred in Colorado resulting in losses to Colorado consumers and
insurers. As a result, the Commissioner finds that the provisions of this regulation are necessary in order
to protect the title insurance industry, its policyholders and members of the general public that may not
directly be title insurance policyholders.
Section 3
Applicability
This regulation governs title entities and any other persons transacting the business of title insurance.
Section 4
A.
Definitions
"Affiliate” means a person who directly, or indirectly through one or more intermediaries:
1. controls a title entity;
2. is controlled by a title entity; or
3. is under common control with a title entity.
B.
“Closing and settlement services” shall have the same meaning as § 10-11-102(3.5), C.R.S.
C.
“Person” has the same meaning as that in § 10-2-103(8), C.R.S.
D.
“Reconcile” means, for the purpose of this regulation, the accounting process of comparing
transactions and activity in order to balance accounts and resolve any discrepancies in an
amount that exceeds five hundred dollars ($500.00).
E.
“Sweep account” means, for the purposes of this regulation, a banking arrangement in which a
bank account balance is automatically transferred to and from another account.
F.
“Title insurance agency” shall mean a corporation, partnership, association, or foreign or
domestic entity as defined in § 7-90-102, C.R.S., or other legal entity that transacts the business
of title insurance.
G.
“Title insurance agent” shall have the same meaning as in § 10-11-102(9), C.R.S.
H.
"Title insurance company” shall have the same meaning as in § 10-11-102(10), C.R.S.
I.
"Title entity" shall mean title insurance agents, title insurance agencies and title insurance
companies, unless otherwise stated in the regulation.
Section 5
Rules Regarding Fiduciary Duties
A. All title entities, their authorized agents, and affiliates in possession of funds received and
belonging to others shall maintain the funds in a fiduciary capacity in a separate fiduciary fund
account or accounts supported by books and records sufficient to identify such funds. Any such
fiduciary fund account shall be identified as “fiduciary fund account”, “trust account” or “escrow
account”, or identified similarly.
B. Funds that must be maintained as fiduciary funds include, but are not limited to, underwriter
portions of title insurance premiums, earnest money deposits, loan proceeds, seller proceeds,
homeowner association dues, and any other funds received as part of a title entity conducting
closing and settlement services.
C.
All fiduciary funds shall be maintained in an account separate from other monies and assets of
the title entity. Commingling of other monies and assets of the title entity with fiduciary funds is
prohibited. Notwithstanding the foregoing, nothing herein shall prohibit the advancement of funds
authorized pursuant to § 38-35-125(2), C.R.S.
D.
All fiduciary funds shall be deposited within three business days of receipt with a state or federal
bank, or a savings and loan association whose depositors are insured by an instrumentality of the
United States Government, unless otherwise directed in writing by all necessary parties to the
transaction.
E.
Except as otherwise consented to in writing by the parties to a transaction establishing the need
for fiduciary funds, a title entity or its authorized agent shall not use such fiduciary funds for any
purpose other than the purpose or purposes set forth in the written agreement for which the
fiduciary funds were deposited with the title entity.
F.
Unless otherwise consented to in writing by all necessary parties, fiduciary funds, other than
earnest money, held by a title entity shall either be disbursed for the purpose that the funds were
collected or returned to the party that deposited the funds with the title entity within 120 days of
the closing of the transaction.
G.
Unless prior written authorization has been received by all necessary parties, fiduciary funds shall
not be deposited by a title entity into a treasury management account or any other type of
investment account.
H.
Fiduciary funds may only be deposited into a sweep account by a title entity if the funds are
segregated and held in a fiduciary capacity in the account the funds are swept into.
I.
A title entity shall not earn interest on fiduciary funds unless disclosure is made to any parties to a
transaction, for who said funds are being held, that interest is or has been earned. Said
disclosure must offer the opportunity to receive payment of any interest earned on such funds
beyond any administrative fees as may be on file with the Division. Said disclosure must be clear
and conspicuous, and may be made at any time up to and including closing.
J.
Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form
agreeable to the title entity, it shall comply with the following:
1.
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and
hold them in a fiduciary capacity.
2.
The title entity shall use any funds designated as “earnest money” for the consummation
of the transaction as evidenced by the contract to buy and sell real estate applicable to
said transaction. Except, if the transaction does not close, the title entity shall:
3.
Release the earnest money funds as directed by written instructions signed by
both the buyer and seller; or
b.
If acceptable written instructions are not received, uncontested funds shall be
held by the title entity for 120 days from the scheduled date of closing, after
which the title entity shall return said funds to the depositing party.
In the event of any controversy regarding the funds held by the title entity (not
withstanding any termination of the contract), the title entity shall not be required to take
any action unless and until such controversy is resolved. At its option and discretion, the
title entity may:
a.
Await any proceeding; or
b.
Interplead all parties and deposit such funds into a court of competent
jurisdiction, and recover court costs and reasonable attorney and legal fees; or
c.
Deliver written notice to the buyer and seller that unless the title entity receives a
copy of a summons and complaint or claim (between buyer and seller),
containing the case number of the lawsuit or lawsuits, within 120 days of the title
entity’s written notice delivered to the parties, title entity shall return the funds to
the depositing party.
4.
Nothing herein shall be read as relieving the responsibilities, if any, of any title entity in
complying with the Colorado unclaimed property act, § 38-13-101, et seq., C.R.S.
5.
Every title insurance agent or title insurance agency shall reconcile all fiduciary accounts,
or insurance similarly identified accounts, at least every forty-five (45) days.
Section 6
A.
a.
Reporting Requirements for the Prevention of Defalcations
A title insurance company shall notify the Division within thirty (30) days if:
1.
At any point a title insurance company becomes aware that a title insurance agent or title
insurance agency fails to remit premium to the insurer, on the later of, forty-five (45) days
after the contractual due date, or if there is no contractual due date, ninety (90) days after
receipt;
2.
At any point a title insurance company becomes aware that a title insurance agent or title
insurance agency fails to reconcile the title insurance agent’s or title insurance agency’s
fiduciary bank accounts, or similarly identified accounts, at least every forty-five (45)
days;
3.
At any point a title insurance company becomes aware that a title insurance agent or title
insurance agency has an account shortage or file shortage of more than $10,000 in a title
insurance agent’s or title insurance agency’s fiduciary account;
4.
The title insurance company enters into any repayment agreement with a title insurance
agent or a title insurance agency; or
5.
The title insurance company becomes aware of any commingling of other monies or
assets with fiduciary funds held by the title insurance agent or title insurance agency.
B
A title insurance company shall provide the Division with a comprehensive list of all title insurance
agencies that are authorized in the state of Colorado to issue title insurance products of the title
insurance company within thirty (30) days of the effective date of this regulation.
C.
A title insurance company shall notify the Division in writing within thirty (30) days if the title
insurance company:
1.
Authorizes a new title insurance agent or title insurance agency to issue its title insurance
products;
2.
Suspends the authority of a title insurance agent or title insurance agency to issue its title
insurance products; or
3.
Cancels the authority of a title insurance agent or title insurance agency to issue its title
insurance products.
Section 7
Safe Harbor
If a title insurance company properly complies with the requirements of Section 6 of this regulation, the
Division shall not take any regulatory action against the title insurance company for a shortage in a title
insurance agent’s or title insurance agency’s fiduciary account, with the exception of any necessary
regulatory actions to order that restitution be paid by the title insurance company.
Section 8
Unfair or Deceptive Act or Practice
Knowingly violating Section 6 of this regulation shall be an unfair or deceptive act or practice prohibited by
§ 10-3-1104, C.R.S.
Section 9
Severability
If any provision of this regulation or the application of it to any person or circumstance is for any reason
held to be invalid, the remainder of this regulation shall not be affected.
Section 10
Enforcement
Noncompliance with this regulation may result in the imposition of any of the sanctions made available in
the Colorado statutes pertaining to the business of insurance, or other laws, which include the imposition
of civil penalties, issuance of cease and desist orders, and/or suspensions or revocation of license,
subject to the requirements of due process.
Section 11
Effective Date
This regulation is effective February 15, 2017.
Section 12
History
Regulation promulgated on February 15, 2017.
Notice of Proposed Rulemaking
Tracking number
2016-00608
Department
700 - Department of Regulatory Agencies
Agency
702 - Division of Insurance
CCR number
3 CCR 702-8
Rule title
TITLE INSURANCE
Rulemaking Hearing
Date
Time
01/03/2017
02:00 PM
Location
1560 Broadway, Ste 850, Denver CO 80202
Subjects and issues involved
8-1-5 The purpose of this regulation is to set forth the title insurance agent licensing
requirements.
Statutory authority
10-1-108(7), 10-1-109, 10-2-104, 10-2-406, 10-11-116, and 10-11-119, C.R.S.
Contact information
Name
Christine Gonzales-Ferrer
Telephone
303-894-2157
Title
Rulemaking Coordinator
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
3 CCR 702-8
CONCERNING TITLE INSURANCE
Proposed New Regulation 8-1-5
TITLE INSURANCE AGENT LICENSING
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Authority
Scope and Purpose
Applicability
Definitions
Rules Regarding Agent Licensing
Severability
Enforcement
Effective Date
History
Section 1
Authority
This regulation is promulgated and adopted by the Commissioner of Insurance under the authority of §§
10-1-108(7), 10-1-109, 10-2-104, 10-2-406, 10-11-116, and 10-11-119, C.R.S.
Section 2
Scope and Purpose
The purpose of this regulation is to set forth the title insurance agent licensing requirements.
Section 3
Applicability
This regulation governs title entities and does not extend the regulatory authority of the Colorado Division
of Insurance (“Division”) to any person other than title entities or persons transacting the business of title
insurance.
Section 4
Definitions
A.
“Affiliated business arrangements” shall have the same meaning as found at § 10-11-102 (1),
C.R.S. Affiliated business arrangements are distinct from controlled business arrangements,
which are defined by § 10-2-401(4), C.R.S.
B.
“Title insurance agent” shall have the same meaning as found at § 10-11-102(9), C.R.S.
Section 5
A.
Rules Regarding Agent Licensing
To demonstrate compliance with § 10-11-116(2), C.R.S., the title agent or agency seeking
licensure shall submit a notarized letter from an certified public accountant verifying that upon a
limited review of the title entity’s books and records performed for this purpose, the accountant
reasonably believes the title agent or agency has a net worth at least equal to the minimum
amount set forth in § 10-11-116(2), C.R.S., or the title agent or agency possesses actual paid-in
cash capital of at least the amount set forth in § 10-11-116 (2), C.R.S.
B.
Every title agent and agency shall disclose every affiliated business arrangement in a form
acceptable to the Commissioner. Such disclosure shall be completed with every new or renewal
license application and within thirty (30) days of any changes of the disclosed information.
Section 6
Severability
If any provision of this regulation or the application of it to any person or circumstance is for any reason
held to be invalid, the remainder of this regulation shall not be affected.
Section 7
Enforcement
Noncompliance with this regulation may result in the imposition of any of the sanctions made available in
the Colorado statutes pertaining to the business of insurance, or other laws, which include the imposition
of civil penalties, issuance of cease and desist orders, and/or suspensions or revocation of license,
subject to the requirements of due process.
Section 8
Effective Date
This regulation is effective February 15, 2017.
Section 9
History
New regulation effective February 15, 2017.
Notice of Proposed Rulemaking
Tracking number
2016-00626
Department
700 - Department of Regulatory Agencies
Agency
710 - Division of Professions and Occupations - State Electrical Board
CCR number
3 CCR 710-1
Rule title
STATE ELECTRICAL BOARD RULES AND REGULATIONS
Rulemaking Hearing
Date
Time
01/23/2017
09:00 AM
Location
1560 Broadway, Suite 1250-C, Denver, CO
Subjects and issues involved
OBJECTIVE 1: Implement HB16-1073, which was signed into law on 4/15/2016. This legislation eliminates the current Continued Competency/PDU program and replaces it with a standard 24-credit per year Continuing Education Unit (CEU) system. The CC program must be
maintained until June 1, 2017 and discontinued before January 1, 2018. Immediately upon discontinuation of the CC/PDU program, and no later than January 1, 2018, the CEU program must be in place. As such, these rules also contain revisions to address the CC program
until it is phased out.
HB15-1073 also includes requirements related to contemporaneous review of licenses during inspections. New rule 7.3 addresses this requirement.
Pre-Approved Courses: In conjunction with the integration of HB16-1073, the Electrical Board has requested the design and implementation of a pre-approval process for CEU courses.
OBJECTIVE 2: Clarify sections of the Rules which have led to misunderstanding or vagueness among licensees/registrants since the last rulemaking session.
OBJECTIVE 3: Eliminate Contractor ability to change the public name and thereby escape connection to prior violations. Enhance consumer ability to view licensee and contractor discipline.
Statutory authority
The Board adopts the following rules pursuant to the authority granted to the Board by § 1223-104(2)(a), C.R.S.
Contact information
Name
Mark Browne
Telephone
303-894-2309
Title
Program Director
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
Division of Professions and Occupations
State Electrical Board
3 CCR 710­1COLORADO STATE BOARD
RULES AND REGULATIONS
JANUARY 30, 2015
1.0
STATEMENT OF BASIS AND PURPOSE
1.1. Following are the adopted changes to the Rules and Regulations of the Colorado State Electrical Board (“the Board”) for general clarification, for efficient management and expeditious procedures of the Board, and for the safeguarding of the general public in compliance with Title 12, Article 23, of the Colorado Revised Statutes. 1.2. The Board adopts the following rules pursuant to the authority granted to the Board by § 12­23­104(2)
(a), C.R.S. and hereby repeals all previous rules with the same number.
1.3. These Rules shall be binding on every person and legal entity authorized to practice, offer to practice, or perform electrical or electrical contracting in Colorado. All licensees and registrants under Title 12, Article 23 of the Colorado Revised Statutes are charged with having knowledge of the existence of these rules and shall be deemed to be familiar with their provisions and to understand the rules. In these
Rules, the word "licensee" shall mean any person holding a master electrician license, journeyman electrician license, or residential wireman license. In these Rules, the word “registrant” shall mean any person registered as an electrical apprentice and any person or legal entity registered with the Board as an electrical contractor.
These Rules are severable. If one rule or portion of a rule is found to be invalid, all other rules or portions of rules that can be enforced without the invalid rules shall be enforced and shall remain valid.
2.0
STANDARDS
2.1 The Board hereby adopts the National Fire Protection Association standard number 70, hereafter known
as the National Electrical Code, 2014 Edition, and as may be amended by the Board. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. This rule does not include later amendments to or editions of the National Electrical Code, 2014 Edition. The effective date shall be July 1, 2014.
2.2 A copy of the provisions of the National Electrical Code, 2014 edition is available for public inspection during regular business hours at the Board office at the Division of Professions and Occupations, Department of Regulatory Agencies, 1560 Broadway, Suite 1350, Denver, Colorado, 80202, and at any state publications depository library. For further information regarding how this material can be obtained or examined, contact the Program Director for the Board (“Program Director”) at 1560 Broadway, Suite 1350, Denver, Colorado, 80202, (303) 894­2300. The National Electric Code, 2014 Edition, is available directly from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy MA 02169­7471, phone 1­800­344­3555. Copies are also available from the NFPA website at NFPA.org, as well as most online and retail book vendors.
3.0
APPRENTICE REGISTRATION AND RECORDKEEPING
3.1
Registration. March 17, 2017 January 30, 2015
Rules and Regulations
Page 1
of 20 3.1.1
The Board may require the employer of an electrical apprentice to provide information verifying the apprentice’s record of employment and practical experience, including but not limited to a written attestation from the responsible master electrician verifying that the apprentice has been performing electrical work during any period the apprentice was not registered. Employers of apprentices shall cooperate with any request from the Board pursuant
to this rule and furnish such information or assistance as the Board may request.
3.1.2
An individual that holds an active residential electrician’s license and is working on a commercial job site must be registered as an apprentice. 3.1.3
An employer who fails to timely register an apprentice as required by § 12­23­110.5(3)(a), C.R.S. and this rule shall be subject to disciplinary action pursuant to § 12­23­118, C.R.S. 3.1.4 An employer who fails to remove an apprentice from their company’s registration within 2030
days of termination of employment shall be subject to the same disciplinary action as 3.1.3 above.
3.2
Recordkeeping. Electrical Contractors shall maintain employment records or work reports for their apprentices in order to provide experience verification. Such records or reports should accurately document the type of work by the number of hours and months the apprentice performed electrical work as defined by § 12­23­101, C.R.S. and should specifically reflect: A. Exact dates of employment; B. Number of hours and months of residential electrical experience; and, C. Number of hours and months of commercial, industrial, or substantially similar electrical experience. 3.2.1 Contractors shall provide such employment records indicated in 3.2 above upon termination or resignation of an apprentice.
3.2.2 Contractors who did not provide information as indicated in 3.2.1 above, shall provide
the information upon request from any apprentice formerly employed by that contractor.
4.0
APPLICATION TO TEST FOR LICENSURE 4.1
All applications for exams shall be submitted to the Division of Professions and Occupations in a form
and manner approved by the Board.
4.2
Experience.
4.2.1
Applicants cannot verify their own experience.
4.2.2
General Documentation Requirements. Applicants shall provide documented written evidence of all in state and out of state experience on experience verification forms prepared and furnished by the Board which shall include all of the following:
A. Exact dates of employment.
B. Breakdown of electrical work performed in:
1. Commercial, residential, industrial and/or maintenance/service; and,
2. Increments of hours and months.
C. Signature of the master electrician for, or a signatory authority of, the electrical contractor or employer.
March 17, 2017 January 30, 2015
Rules and Regulations
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of 20 D. “Supervising” as used in 12­23­106(1)(III) means the supervision of registered apprentices by a licensed journeyman or residential wireman.
4.2.3
4.2.4
Maintenance Experience. Maintenance experience shall be submitted for evaluation on experience verification forms prepared and furnished by the Board. 4.2.3.1
A maximum of two (2) years experience credit may be granted for work performed under the supervision, and verified by, a Colorado (or equivalent) licensed electrician. 4.2.3.2
A maximum of one (1) year of experience credit may be granted for work not required to be performed under the supervision of a licensed electrician, and verified
by the employer.
Foreign Experience. 4.2.4.1
Applicants shall have one (1) year of in­country electrical construction experience and familiarity with the National Electrical Code. 4.2.4.2
A maximum of three (3) years of out­of­country experience may be applied towards credit for a journeyman license. 4.2.4.3
A maximum of four (4) years out­of­country experience may be applied towards credit for a master license.
4.2.4.4
Applicants who have electrical experience from a foreign country for which they wish to receive experience credit are required to submit the documentation accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities.
4.2.4.4.1 This evaluation will be performed at the applicant's expense and the applicant will be responsible for submitting all the necessary information to the evaluating institution. 4.2.5
Calculating Years of Experience. This rule is intended to clarify the term “years” of experience earned as referenced in the statutes and does not negate any other requirement set forth in the Board’s rules or statutes for requirements for licensure. 4.2.5.1
When evaluating experience earned by an applicant pursuant to § 12­23­106, C.R.S.,
the minimum practice experience required for examination is calculated in “years” as follows: A. Residential Wireman – 4,000 hours earned in no less than 2 years. B. Journeyman Electrician – 8,000 hours earned in no less than 4 years. C. Master Electrician – 10,000 hours earned in no less than 5 years. 4.3
Education.
4.3.1
Community College Degree. Applicants that are graduates from an accredited community college shall hold a degree in the electrical field to receive credit pursuant to § 12­23­106, C.R.S.
4.3.2 Trade School.
4.3.2.1
Apprenticeship training programs are not equivalent to trade schools. 4.3.2.2
A trade school shall meet the following criteria:
March 17, 2017 January 30, 2015
Rules and Regulations
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of 20 A. Provide training in the following areas as it relates to the electrical trade:
1. Maintenance and new construction wiring in residential and commercial buildings;
2. Basic math related to the electrical industry;
3. Basic use of hand tools and materials;
4. Basic electrical resistive theory, wire sizing, circuit construction, and troubleshooting;
5. Basic to advanced study in motor control, motor theory and maintenance, installation and maintenance of equipment, designing electrical systems, blueprint reading, estimating, and electrical codes; 6. Electrical theory and practical application; and,
7. OSHA curriculum based safety training. B. Provide official transcripts noting credit hours.
1. Graduate must obtain no less than 165 credit hours.
2. Each credit hour shall represent no less than 19 classroom hours.
4.3.3
Transcripts. Applicants providing documentation of education must submit an official transcript from the school with the application. The transcript must be provided with the application in an official envelope sealed by the granting institution.
4.3.4
Foreign Education. 4.3.5
4.3.4.1
Applicants who have an electrical engineering degree or electrical engineering courses from foreign colleges, universities, or their equivalents for which they wish to receive educational credit are required to have the transcripts evaluated by an electrical engineering department in an accredited university to determine if the curriculum is substantially equivalent. 4.3.4.2
This evaluation will be performed at the applicant's expense and the applicant will be responsible for submitting all the necessary information to the evaluating institution. 4.3.4.3
Applicants providing documentation of education must submit the evaluation from the evaluating institution with the application.
Other Education Credit. Applicants for licensure with electrical apprenticeship training, other electrical training, non­accredited electrical education, or other electrical education not addressed in statute or Board Rules may be granted a maximum of one (1) year of experience credit provided the applicant meets and provides the following documentation: A. Course curriculum with the number of classroom hours completed; and,
B. Certification of completed hours.
4.3.5.1. Credit may be awarded as follows: A. Credit for the successful completion of non­accredited electrical courses or program shall be credited one (1) month of experience for two (2) months of schooling up to a maximum of one (1) year.
B. Education without a certificate of completion may replace actual field experience under a licensed master at the rate of one (1) month credit for every six (6) months training or experience up to maximum of one (1) year.
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of 20 March 17, 2017 January 30, 2015
4.4
Training. 4.4.1
Apprenticeship Training Requirements. Persons who, on or after January 1, 2011, either, enter an apprenticeship program or register as an apprentice, must comply with the following requirements. Pursuant to § 12­23­106(2)(a)(III) C.R.S., during the last four (4) years of apprenticeship, an applicant for a journeyman electrician’s license shall provide documented written evidence of at least two hundred eighty­eight (288) hours of electrical training conducted in compliance with rules promulgated by the Board.
4.4.1.1
One (1) hour of approved training shall consist of not less than fifty (50) minutes of instruction, presentation, or activity spent in structured education.
4.4.1.2
The 288 hours of approved training is in addition to any stipulated on­the­job training requirement and shall include technical and professional subjects related to the practice of electrical work which the Board deems necessary to safeguard the public. Such subjects include:
A. Grounding/bonding;
B. National Electrical Code changes;
C. Wiring methods;
D. Theory/calculations; and,
E. A minimum of ten (10) and a maximum of forty (40) hours of OSHA curriculum based safety training.
4.4.1.3
288 Hours Training Criteria. To qualify for credit, training activities must be structured educational efforts meeting all of the following criteria:
A. Include technical and practical applications which impact criteria listed in Board
Rule 4.4.1.24.1.1.1;
B. Be current and presented by qualified and technically competent instructors; and,
C. Provide certificates of completion or other documentation for the apprentice electrician and maintain records of attendance.
4.4.1.4
No Pre­Approval of 288 Hours Training Activities. The Board will not pre­
approve courses or programs. It is within the discretion of the Board to deny credit for any activity that does not meet the training criteria in Board Rule 4.4.1.32.
4.4.1.5
Acceptable 288 Hours Training Activities. The Board deems the following types of activities to be acceptable. On­line delivery and participation in Board Rule 4.4.1 may be acceptable if in compliance with these rules, including but not limited to Board Rule 6.4.8
A. Not­for­credit academic course;
B. For­credit academic course; and,
C. Industry training programs.
4.4.1.6
Non­Acceptable 288 Hours Training Activities. The Board deems the following types of activities not acceptable training for this requirement:
A. Serving on federal, state, or municipal boards or commissions;
B. Rendering pro bono services;
March 17, 2017 January 30, 2015
Rules and Regulations
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of 20 C. Faculty at college, university, or other educational institution shall not receive credit for teaching their regularly­assigned courses beyond the initial class;
D. Participation on a public, professional, or technical society board;
E. Attendance at licensing or registration board meetings or any other professionally relevant board or committee meeting; and,
F. Participating in or attending exhibit poster sessions or trade shows.
4.4.1.7
Recordkeeping. The applicant shall track and document training hour requirements in a process approved by the Board. The applicant shall retain the documentation for
a minimum of three (3) years following completion of the activity. Documentation shall contain, at a minimum the following information:
A. Apprentice electrician name;
B. Activity type;
C. Activity location and date(s);
D. Activity title and description of content and objectives;
E. Name and contact information of the sponsor or training provider (e.g. organization, institution, association, employer, vendor, or publication);
F. Instructor or speaker name(s), as applicable;
G. Name and contact information of the monitor, facilitator, or mentor, as applicable; and
H. H. Certificate of completion; and,
I.
4.4.1.8
Number of classroom hours.
Training earned under this requirement shall not qualify for any other education, training, or experience credit. 4.5 License by Endorsement. 4.5.1.
Applicants may qualify for licensure by endorsement, providing that the applicant has:
A. An active residential wireman’s license, journeyman electrician’s license, or master electrician’s license in another state, respective to the license you the applicant is are applying for; B. Successfully completed a state or federally­approved apprenticeship program, or obtained the required years and type of experience for the comparable license; and,
C. Successfully completed a comparable written state electrical examination based on the current edition of the National Electrical Code in effect at the time the application is submitted to the Board.
4.5.2
Proof of successful completion of the requirements in 4.5 shall be submitted on the verification forms prepared and furnished by the Board, as part of the application for endorsement. 4.5.3
Qualification may be accumulated in multiple states, provided the qualifications meet the requirements of 4.5.1.
4.6 License by Reciprocity.
4.6.1
Conditions for reciprocity for a Colorado journeyman electrician’s license. Applicants must:
March 17, 2017 January 30, 2015
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of 20 4.6.2
4.6.1.1
Hold, from the licensing state, a journeyman license or a master electrician license, that allows the individual to work as a journeyman electrician, that is current, active,
and in good standing;
4.6.1.2
Possess a journeyman electrician’s license, or master electrician’s license from a state that is a member in good standing of the National Electrical Reciprocal Alliance (NERA), or from any entity or jurisdiction that has a reciprocity agreement with the Board.
Applicants will not be granted a reciprocal license where the license in the licensing state was granted by grandfathering without having passed a state­administered examination.
4.6.3 A Colorado master electrician’s license may not be granted by reciprocity.
4.7
Military. Education, training, or service gained in military services outlined in §24­34­102(8.5), C.R.S. to be accepted and applied towards receiving a license, must be substantially equivalent, as determined by the Board, to the qualifications otherwise applicable at the time of receipt of application. It is the applicant’s responsibility to provide timely and complete evidence for review and consideration. Satisfactory evidence of such education, training, or service will be assessed on a case by case basis.
4.8
Reconsideration. An applicant requesting reconsideration of a Board action or requesting a personal interview before the Board, shall submit the request in writing, accompanied by additional information
or documentation not made available to the Board prior to a previous ruling. This request shall be submitted within forty­five (45) days of the date on which the Board made the decision. Any request filed after forty­five (45) days will not be considered by the Board.
4.9
Temporary Work Permits
4.9.1
Pursuant to § 12­23­110, C.R.S., a temporary work permit may be issued at the time of approval for an examination. The temporary permit will be valid for a period of no more than thirty (30) days after the date of approval or as otherwise limited in § 12­23­110, C.R.S. 4.9.2
A temporary work permit shall not be accepted to meet the requirements for obtaining a new electrical contractor registration. 4.9.2.1
A temporary master electrician work permit may be issued to a qualified applicant of an existing electrical contractor pursuant to § 12­23­110, C.R.S.
4.10 Application Retention 4.10.1 Incomplete Applications. An application for a license by examination or endorsement submitted without all required fees and documentation will be considered incomplete. Incomplete applications will be retained for one (1) year from the date originally submitted, after which applicants shall begin the process again including payment of the application fee.
4.10.2 Approved Applications without Activity. Effective November 30, 2012, an approved applicant for licensure by examination who does not take the examination within three (3) years from the date of the original approval date will be required to begin the application process again including payment of the application fee.
4.10.3 Approved Applications with Activity. Effective November 30, 2012, an approved applicant for licensure by examination who takes the examination but does not pass the examination within five (5) years from the date of the original approval date will be required to begin the application process again including payment of the application fee. 5.0
EXAMINATIONS March 17, 2017 January 30, 2015
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5.1
The candidate must present positive photo identification in order to be admitted to the examination area. 5.2
Proprietary Information. The content and answers to examinations and assessments for licensure or renewal administered by the Board are proprietary property. Licensees and registrants shall not disclose, or offer to disclose any portion of the examinations or assessment to others. Licensees and registrants may be subject to disciplinary action by the Board should they disclose, or offer to disclose,
sell or otherwise distribute the content and/or answers for any examinations or assessments administered by the Board.
5.3
Examination results will be provided in writing to each examinee in a pass or fail format. Results will not be given in any other manner.
5.4
Examinations shall not be subject to review by candidates.
RENEWAL AND REINSTATEMENT (repealed on January 1, 2018 ­ Rule 6.0 Replaced in its entirety by Rule 11.0 effective January 1, 2018)
6.1
6.2
Renewal. Board issued licenses and electrical contractor registrations shall be renewed every three (3) years to correspond with the Board’s adoption of the National Electrical Code.
6.1.1
A licensee or registrant shall have a sixty (60) day grace period to renew such license or registration without the imposition of a disciplinary sanction for practicing on an expired license or registration. During this grace period, a delinquency fee shall be charged for late renewal.
6.1.2
A licensee or registrant who does not renew such license or registration within the sixty (60) day grace period shall be deemed as having an expired license or registration and shall be ineligible to practice until such license or registration is reinstated. If the licensee or registrant practices with an expired license or registration, the Board may impose disciplinary actions.
Reinstatement. An expired license may be reinstated by submitting a reinstatement application, paying the current reinstatement fee, and meeting the appropriate requirements below.
6.2.1
Expired for Less Than Three (3) Years. To reinstate a license that has expired for less than three (3) years the licensee must comply with the continuing competency requirements contained in Board Rule 6.4. 6.2.1.1 If the licensee’s performance on the Continuing Competency Assessment necessitates a Learning Plan pursuant to Board Rule 6.4.6, the holder shall satisfactorily complete the Professional Development Units (PDUs) prior to the expiration of the current Continuing Competency Assessment Cycle.
6.2.1.2 Demonstration the licensee has maintained their continuing competency by completion of the PDUs assigned during the assessment cycle immediately preceding application, if any were assigned.
6.2.1.3 If the licensee did not complete a Continuing Competency Assessment for the current Continuing Competency Assessment Cycle, the licensee must complete the assessment prior to being reinstated. Any PDU’s resulting from
the assessment must be completed within the same renewal cycle. 6.2.2
Expired for More Than Three (3) Years. If the license has been expired for more than three (3) years, pursuant to § 24­34­102(8)(d)(II), C.R.S. the licensee must demonstrate competency
to practice by any of the following:
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of 20 A. Satisfactorily pass the state electrical examination;
B. Provide verification of an active license with a state where a reciprocal agreement for an equivalent license exists;
C. Provide verification of active licensure in a non­reciprocal state as follows:
1. Verify an active residential wireman’s license, journeyman electrician’s license, or master electrician’s license in non­reciprocal state, respective to the license being reinstated; and,
2. Comply with the continuing competency requirements contained in Board Rule 6.4. a. If the licensee’s performance on the Continuing Competency Assessment necessitates a Learning Plan pursuant to Board Rule 6.4.6, the holder shall satisfactorily complete the PDUs prior to the expiration of the current Continuing Competency Assessment Cycle.
D. By other means approved by the Board.
6.3
An individual who has acquired both a master and a journeyman electrician license by examination issued by the state of Colorado, and who has allowed the journeyman license to expire, and holds an active master license, may reinstate the journeyman license after meeting the requirements of Board Rule 6.0.
6.4
Continuing Competency Requirements. 6.4.1
Statutory Basis. Pursuant to § 12­23­106(4)(d)(II), C.R.S., the Board shall adopt rules establishing requirements for continuing competency that a licensee shall demonstrate in order
to renew a license on or after January 1, 2011. These rules shall require the licensee to participate in an assessment and a process or procedure that demonstrates whether the licensee obtained the required knowledge and skills to address any areas needing improvement or development through participation in the continuing competency activity.
6.4.2
Basis of Requirements. As established by the Colorado General Assembly, the regulatory authority of the Board is to establish continuing competency standards that shall include assessment of knowledge and skills required to renew a license, the methods to obtain the required knowledge and skills, and the documentation necessary to demonstrate compliance.
6.4.3
Definitions.
6.4.3.1
Acceptable Level of Performance: Acceptable Level of Performance shall be a value
assigned by the Board to evaluate a licensee’s rating on the Individual Assessment for compliance with the Continuing Competency requirements. Marks below the Acceptable Level of Performance shall indicate one or more areas needing improvement and requiring professional development activity or activities and documentation of required PDUs to demonstrate continuing competency.
6.4.3.2
Core Competencies: Core Competencies are technical and professional subjects, related to the practice of electrical work, which the Board deems necessary to safeguard the public. Such subjects include:
A. Grounding and bonding;
B. National Electrical Code changes;
C. Wiring methods; and,
D. Theory and calculations.
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6.4.3.3
Continuing Competency Assessment Cycle: The Continuing Competency Assessment Cycle shall be a three (3) year period corresponding to the adoption of the National Electrical Code by the Board.
6.4.3.4
Inactive Status: A licensee is not required to comply with continuing competency requirements to renew a license in inactive status. An individual whose license is in inactive status is prohibited by law from practicing as a licensed electrician.
6.4.3.5
Individual Assessment: An instrument or process approved by the Board to evaluate the knowledge and/or skills of the licensee in each of the Core Competencies determined by the Board to be essential for practice.
6.4.3.6
National Electrical Code: The National Electrical Code shall refer to the code for the safe installation of electrical wiring and equipment, as amended, published by the National Fire Protection Association and approved by the American National Standards Institute, or its successor organization.
6.4.3.7
Personal Learning Plan: The Personal Learning Plan shall be the plan of professional development activities undertaken to demonstrate continuing competency especially in the event of an area identified as needing improvement in one (1) or more Core Competency areas, as evaluated by the licensee’s performance on the Individual Assessment in relation to the Acceptable Level of Performance.
6.4.3.8
Professional Development Unit (PDU): One PDU shall consist of not less than fifty (50) minutes of instruction, presentation, or activity, spent in structured educational efforts intended to increase the licensee’s knowledge and competence in Core Competencies identified by the Board.
Requirements. Licensees shall demonstrate compliance with the continuing competency requirements and shall document professional development units in order to renew a license to
perform electrical work in Colorado. Licensees shall complete an Individual Assessment of Core Competencies. Core Competencies shall be identified and defined by the Board. An Acceptable Level of Performance in all four (4) core competencies shall result in the award of twenty­four (24) PDUs. A maximum of twenty­four (24) PDUs shall be required per assessment cycle.
6.4.4.1
Upon the beginning of an assessment cycle, an Individual Assessment must be completed by the licensee, addressing Core Competency areas identified by the Board.
6.4.4.2
A performance rating will be assigned for each licensee in each of the Core Competency areas of the Individual Assessment. A rating below the Acceptable Level of Performance will indicate an area for professional development in a Core Competency area.
6.4.4.3
If a rating at or above the Acceptable Level of Performance is assessed in all Core Competency areas, the licensee will be awarded twenty­four (24) PDUs, as defined in these rules, for his or her demonstrated competency.
6.4.4.4
A Personal Learning Plan in the Board­prescribed format will be required of any licensee earning a rating below the Acceptable Level of Performance on the Individual Assessment.
6.4.4.4.1
In the event of a rating below the Acceptable Level of Performance in one (1) Core Competency area of the Individual Assessment, sixteen (16) PDUs shall be awarded to the licensee and eight (8) PDUs will be required addressing the area of low rated Core Competency.
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In the event of a rating below the Acceptable Level of Performance in two (2) Core Competency areas of the Individual Assessment, eight (8) PDUs shall be awarded to the licensee and sixteen (16) PDUs will be required addressing the low rated Core Competency areas.
6.4.4.4.3
A low assessment will be indicated by a rating below the Acceptable Level of Performance in three (3) or more Core Competency areas of the Individual Assessment. In this event twenty­four (24) PDUs addressing three (3) areas of Core Competency will be required by the licensee over the corresponding assessment cycle.
6.4.4.4.4
A maximum of twenty­four (24) PDUs shall be required during any single assessment cycle.
6.4.4.4.5
PDU completion in accordance with the Individual Assessment and documentation requirements of the Board will indicate compliance with the continuing competency requirements and shall comprise the elements of the learning plan for each licensee.
6.4.4.4.6
PDUs need not be acquired within Colorado.
6.4.5
Credit Required for License Renewal. Licensees shall have acquired PDUs during the period prior to the expiration of each Continuing Competency Assessment Cycle.
6.4.6
Individual Assessment. This is an assessment that demonstrates proficiency in core competencies by means of an examination approved by the Board. The Individual Assessment shall be completed by each licensee no later than one hundred fifty (150) days after the adoption of the most recent National Electrical Code. The results of the assessment shall be utilized to identify the need and nature of a Personal Learning Plan for each licensee.
6.4.7
Learning Plan. The Personal Learning Plan shall be defined by the licensee’s performance on
the Individual Assessment. Refer to requirements of Board Rule 6.4.4.4 to determine how many PDUs are needed. The licensee must demonstrate compliance by completing continuing competency activities as defined in Board Rule 6.4.10. 6.4.8
Continuing Competency Activity Criteria. To qualify for PDU credit, continuing competency activities must be structured educational efforts meeting all of the following criteria:
A. Include technical and practical applications which impact Core Competency areas identified by the Board;
B. Improve, expand or enhance the quality of the licensee’s existing technical knowledge; or develop new and relevant professional skills and knowledge;
C. Have clear purposes and objectives;
D. Be well­organized and provide evidence of pre­planning;
E. Be current and presented by qualified and technically competent instructors; and,
F. Provide certificates of completion or other documentation for the licensee and maintain records of licensee attendance.
6.4.9
No Pre­Approval of Continuing Competency Activities. The Board will not pre­approve courses or programs. It is within the discretion of the Board to deny credit for any activity that does not meet the continuing competency criteria in Board Rule 6.4.10 or the definition of a core competency subject in Board Rule 6.4.3.2.
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6.4.10 Acceptable Continuing Competency Activities. The Board deems the following types of activities to be acceptable. On­line participation in training programs or courses may be acceptable if in compliance with these rules, including but not limited to Board Rule 6.4.8:
A. Not­for­credit academic course;
B. For­credit academic course; and,
C. Industry training programs.
6.4.11 Non­Acceptable Continuing Competency Activities. The Board deems the following types of activities are not acceptable:
A. Serving on federal, state, or municipal boards or commissions;
B. Rendering pro bono services;
C. Faculty at college, university, or other educational institution shall not receive credit for teaching their regularly­assigned courses beyond the initial class;
D. Participation on a public, professional, or technical society board;
E. Attendance at licensing or registration board meetings or any other professionally relevant board or committee meeting; or,
F. Participating in or attending exhibit poster sessions and tradeshows.
6.4.12 Recordkeeping. The licensee shall track and document PDUs in a process approved by the Board. The licensee shall retain the documentation for a minimum of seven (7) years and contain, at a minimum, the following information:
A. Licensee name;
B. Activity type;
C. Activity location and date(s);
D. Activity title and description of content and objectives;
E. Name and contact information of the sponsor or Continuing Competency provider (e.g. organization, institution, association, employer, vendor, publication);
F. Instructor or speaker name, as applicable;
G. Monitor/Facilitator/Mentor name and contact information, as applicable;
H. Certificate of Completion;
I.
Number of classroom hours or PDUs.
6.4.13 Exemptions. The Board may grant exemptions from the Individual Assessment, development of the Personal Learning Plan and demonstration of Continuing Competency requirements set out in Board Rules 6.4.4 and 6.4.5, for the reasons specified herein. It is within the sole discretion of the Board to decide in particular cases whether good cause has been shown in order to grant exemptions. A licensee shall not be eligible for an exemption under this section for two (2) consecutive renewal periods except in the case of an exemption for military service. In the event a licensee cannot complete continuing competency requirements following an exemption, the license will remain expired until the licensee meets all continuing competency requirements unless the licensee applies to place the license on inactive status. Requests for exemptions must be in writing and provide the following information:
A. Evidence that during the renewal period prior to the expiration of the license, the licensee was working at a location outside of the country, reasonably preventing completion of the continuing competency requirements;
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of 20 B. Evidence that the licensee was called to Federally funded active duty for more than one hundred twenty days for the purpose of serving in a war, emergency, or contingency during the renewal cycle for which the exemption is requested or within six months following the completion of the service in a war, emergency, or contingency;
C. Evidence and written explanation of any other cause citing in as much detail as possible the inability of the licensee to comply with the continuing competency requirements for the renewal period and why the license should remain in active status.
6.4.14 Audits. The Board may audit documentation of PDUs for verification of compliance with these requirements at any time. The Board may, at its discretion, disallow any continuing competency activity.
6.4.15 Compliance with Continuing Competency Requirements.
6.4.15.1 Compliance with the continuing Continuing cCompetency requirements, including Individual Assessment, development of a Personal Learning Plan, and demonstration of continuing competency, along with other requirements, must be completed before the last day of the Continuing Competency Assessment Cycle.
6.4.15.2 Licensees shall cooperate with the Board to determine compliance with the continuing competency requirements.
6.4.15.3 Licensees shall provide all documentation requested for audit within thirty (30) days
of the request. 6.4.16 Multiple Licenses. Licensees holding multiple licenses issued by the Board shall complete the
continuing competency requirements for the most advanced license they hold including the Individual Assessment, Learning Plan and any PDUs required based on their performance on the Individual Assessment. Completion of the continuing competency requirements for the most advanced license shall satisfy the requirements for all lesser licenses.
6.5
Inactive License Status and Reactivation. 6.5.1
6.5.2
Inactive License. Pursuant to § 12­70­101, C.R.S., any licensee may apply to the Board to transfer his or her license to inactive status. Such application shall be in the form and manner designated by the Board. The holder of an inactive license shall not be required to comply with
the continuing competency requirements for renewal so long the license remains inactive. 6.5.1.1
Each holder of an inactive license shall renew once every three (3) years with the Board in the same manner as active license holders and pay a fee pursuant to § 12­
23­112, C.R.S.
6.5.1.2
During such time as a license remains in an inactive status, the licensee shall not perform any acts restricted to active licensed electricians. pursuant to § 12­23­118, C.R.S. The Board shall retain jurisdiction over an inactive license for the purposes of disciplinary action pursuant to § 12­23­119, C.R.S.Such practice may be grounds for revocation.
Reactivation of Inactive License. An inactive license may be reactivated by submitting the proper application, paying the current reactivation fee, and meeting the appropriate requirements below.
6.5.2.1
Inactive for Less Than Three (3) Years. To reactivate a license that has been inactive for less than three (3) years, the licensee must comply with the continuing competency requirements contained in Board Rule 6.4. 6.5.2.1.1
If the licensee’s performance on the Continuing Competency Assessment necessitates a Learning Plan pursuant to Board Rule 6.4.6, March 17, 2017 January 30, 2015
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of 20 the holder shall satisfactorily complete the PDUs prior to the expiration of the current Continuing Competency Assessment Cycle.
6.5.2.1.2 6.5.2.2
Demonstration the licensee has maintained their continuing competency
by completion of the PDUs assigned during the assessment cycle immediately preceding application, if any were assigned.
Inactive for More Than Three (3) Years. Pursuant to § 12­23­106(4)(c), C.R.S., a licensee whose license has been inactive for more than three (3) years must demonstrate competency to practice by any of the following: A. Satisfactorily pass the state electrical examination;
B. Provide verification of an active license with a state where a reciprocal agreement for an equivalent license exists;
C. Provide verification of active licensure in a non­reciprocal state as follows:
1. Verify an active residential wireman’s license, journeyman electrician’s license, or master electrician’s license in non­reciprocal state, respective to the license you are reinstating; and,
2. Comply with the continuing competency requirements contained in Board Rule 6.4. a. If the licensee’s performance on the Continuing Competency Assessment necessitates a Learning Plan pursuant to Board Rule 6.4.6, the holder shall satisfactorily complete the PDUs prior to the expiration of the current Continuing Competency Assessment Cycle.
D. By other means approved by the Board.
6.5.3
Practicing with an Inactive License. Practicing electrical work with a license in inactive status shall constitute practice without an active license and, therefore, may be grounds for injunctive or disciplinary action, up to and including revocation.
6.6
Loss of Responsible Master. An electrical contractor who loses the services of the responsible master
electrician, for any reason, will be allowed twenty (20) days in which to hire another master electrician. If the electrical contractor has not hired another master electrician during that period, the Board shall place the electrical contractor registration into inactive status until such time that the contractor submits evidence that a master electrician has been hired, and the appropriate fee has been paid.
6.7
Any licensed or registered individual working as an electrician shall be required to carry on their person the appropriate license, temporary work permit, or registration.
6.8
Name and Address Change.
6.8.1 A licensee or registrant shall inform the Board in a clear, explicit, and unambiguous written statement of any name, address, telephone, or email change within thirty (30) days of the change. The Board will not change the licensee or registrant information without explicit written notification from the licensee or registrant. Notification by any manner approved by the Board is acceptable.
6.8.1.1
The Division of Professions and Occupations maintains one (1) contact address for each licensee or registrant, regardless of the number of licenses or registrations the licensee or registrant may hold.
6.8.1.2
Address change requests for some, but not all, communications or for confidential communications only are not accepted.
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6.8.2
The Board requires one (1) of the following forms of documentation to change the name or social security number of a licensee or registrant:
6.8.2.1
Marriage license;
6.8.2.2
Divorce decree;
6.8.2.3
Court order; or
6.8.2.4
A driver’s license or social security card with a second form of identification may be
acceptable at the discretion of the Division of Professions and Occupations.
6.9 Contractor Registration and Advertising.
6.9.1 Registered Electrical Contractors shall not advertise in any manner, by any name, including DBA’s, other than the registered company name on record with Department of Regulatory Agencies. 7.0
PERMITS, AND INSPECTIONS, AND VERIFICATIONS OF LICENSES AND REGISTRATIONS
7.1
Permits
7.1.1 Wiring permit applications shall be issued in the name of the qualified applicant (see § 12­23­
111 (2), C.R.S.) or registered electrical contractor performing the electrical work. The qualified applicant is defined as a homeowner performing work in accordance with statutory requirements.
7.1.2 A permit shall be required for all systems supplying power that may normally be supplied by an electrical utility, such as, but not limited to, solar, wind, hydroelectric and other generated sources. (The Board or its administrative officer may revoke a permit that was issued in error or on the basis of incorrect information supplied by the applicant.)
7.1.3. Any permit issued as a result of fraudulent or incorrect information supplied on the application shall be cancelled.
7.1.4 An electrical contractor shall not purchase a permit for use by another company or individual.
7.1.5 A contractor shall not perform any electrical work under an existing homeowner’s or other contractor’s permit but shall secure a permit in the name of the contractor performing the work. Exception: Where subcontractor services are required. 7.1.6.4 Any work commencing prior to the purchase of a permit is subject to twice the prescribed permit fee.
7.1.675
Stop Work Order
7.1.6.1 Notice to owner. Upon notice from the electrical inspector that work on any building or structure is being installed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent or to the person doing the work, or posted at the job site and shall state the conditions under which work will be permitted to resume.
7.1.6.25.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by this article.
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of 20 7.1.7.36 Additions, alterations or repairs may be made to any electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of the Board standards, provided that the addition, alteration or repair conforms to that required for a new electrical system and equipment, and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs.
7.1.7.47 Existing electrical wiring systems may continue to be energized provided that they were lawfully installed and that they present no hazard to life, health or property.
7.1.7.58 Services to moved buildings shall comply with the standards of the Board for new installations. The existing electrical wiring may be re­energized provided that a registered electrical contractor gives written verification to the Board that the existing electrical installation presents no hazard to life, health or property. Permits and inspections shall be required.
7.29 Inspections
7.2.1 An inspection request will only be accepted from the permit owner or their agent.
7.2.210
An individual requesting an electrical inspection shall provide reasonable access to the inspection area during the normal working hours of the Board office.
7.2.311
Article 110.2, “Approval”, in the National Electrical Code, provides that conductors and equipment required or permitted by this code shall be acceptable only when “approved”. The Board will accept conductors and equipment that have been tested and approved by a recognized testing agency such as Underwriters Laboratories, Inc., or field­evaluated by a certified Field Evaluation Body (FEB) in accordance with NFPA 790 and 791. FEB certification is to be provided by International Accreditation Service (IAS) or equal. The Board reserves the right of its inspectors to reject any conductors or equipment that in their opinion may be unsafe or injurious to life or property.
7.2.4 An incorporated town or city, county, city and county, or qualified state institution of higher education shall ensure that its inspections are performed by inspectors who possess the
qualifications required under § 12­23­115, C.R.S. Failure to do so may be deemed a failure to meet the minimum requirements of this article under § 12­23­104(2)(k), C.R.S.
7.2.5 Reinspection Fees. A reinspection fee may be assessed at the discretion of the inspector for reasons including, but not limited to, the following: 7.2.5.1 The job is not ready for an inspection and an extra trip is required for the inspector (a job with multiple code violations may be considered “not ready” by the inspector).
7.2.5.2Corrections have not been made to all code violations cited from previous inspection. 7.2.5.3No access to the job site for reasons including but not limited to; locked gate or door, snow not plowed, no escort into an occupied structure, etc. (inspectors may not enter an occupied residence without an escort at least 18 years or older).
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of 20 7.2.5.5Address not posted so as to be visible from the street or road.
7.2.4.6Improper directions to jobsite given on permit or inspection requests.
7.13 7.2.4.7A reinspection shall not be performed until the reinspection fee has been paid.
A final inspection shall not be performed until a permanent electrical load 7.14 7.2.4.8
consistent with the type of structure is connected.
7.15 7.2.4.9As used in § 12­23­118(1)(c), C.R.S., the term “reasonable time” shall mean thirty (30) calendar days.
7.3 License and Registration verification.
8.0
7.3.1
An inspector may require each individual doing electrical work as defined by § 12­23­101, C.R.S. to produce documentation showing they are a currently licensed Colorado state electrician or registered apprentice.
7.3.2
Such documentation must either be on their person or may be on the job site where it is readily
attainable for presentation to the inspector upon request. ENFORCEMENT
8.1
Cooperation with Board Investigations. Licensees and registrants having knowledge of, and/or involvement in, any alleged violation of Title 12, Article 23, and/or Board rules, shall cooperate with any investigation initiated by the Board and timely furnish such information or assistance as may be requested.
8.2
Report Convictions, Judgments, and Administrative Proceedings
8.2.1
A licensee or registrant, as defined in § 12­23­101(1)(2)(3) and (4), C.R.S., including but not limited to registered electrical apprentices, registered electrical contractors, or licensed electricians (residential wireman, journeyman electricians, or master electricians, herein after known collectively as “electricians”) shall inform the Board, in a manner set forth by the Board, within forty­five (45) days of any of the following occurrences: the conviction of the registrant or licensee of a felony under the laws of any State or of the United States.
8.2.2
A licensee or registrant convicted of a felony under the laws of any State or of the United States is grounds for discipline pursuant to § 12­23­118, C.R.S.
8.2.3
For purposes of this rule, a “conviction” includes:
A. A guilty verdict;
B. A plea of guilty accepted by the court; or
C. A plea of nolo contendere (no contest) accepted by the court.
8.2.4
The notice to the Board shall include the following information:
A. The court;
B. The jurisdiction;
C. The case name;
D. The case number; and,
E. A description of the matter or copy of the indictment or charges.
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of 20 8.2.5
The licensee or registrant shall inform the Board of the following information within forty­five
(45) days of each such occurrence:
A. The imposition of a sentence for a felony conviction; and,
B. The completion of all terms of a sentence for a felony conviction.
8.3
8.2.6
The licensee or registrant notifying the Board may submit a written statement with any notice under this rule to be included in the registrant or licensee records.
8.2.7
This rule shall apply to any conviction or plea as described in Board Rule 9.2.3.
Citations.
8.3.1
The citation form shall be completed by the state electrical inspector. Citations will be served by certified mail or in person by a state electrical inspector. Completed, served citation forms will be mailed to the Board for review. The Board maintains the discretion to dismiss the citation at any time.
8.3.2
The citation form shall direct the recipient to respond in one of the following ways within ten (10) working days after service of the citation:
A. Pay the fine; or
B. Submit a written request to negotiate a stipulated settlement agreement with the Program Director; or
C. Submit a written request for a formal administrative hearing.
8.3.3
Fines. 8.3.3.1
If one of the following actions has not been taken by the citation recipient within ten
(10) working days following the service of the citation, the recipient shall be deemed to have failed to comply with the citation and the fine shall become a final Board action:
A. Full payment of the fine; B. Written request for negotiation of a stipulated settlement agreement; or,
C. Written request for a formal administrative hearing.
8.3.3.2
8.3.4
In any action to collect a fine, the Board shall seek reasonable attorney fees and costs. Negotiations. 8.3.4.1
A written request and explanation for negotiation of a stipulated settlement agreement shall be submitted to the Program Director or designee and may include information in mitigation of the violation. The date the request for negotiation of a stipulated agreement is received by the Program Director constitutes the submittal date. After reviewing the requested settlement information, the Program Director has the option to authorize the following actions:
A. Issue a letter of admonition;
B. Dismiss the citation;
C. Reduce the fine;
D. Arrange a payment schedule;
E. Permit a personal appearance before the Board; and/or,
F. Refer the matter for a formal administrative hearing.
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of 20 8.3.4.2
Negotiations may terminate for reasons including but not limited to:
A. The recipient admits to committing the violation;
B. The recipient does not conduct settlement negotiations timely and in writing;
C. The recipient does not present reasonable mitigating or extenuating information in writing;
D. The Program Director determines the settlement negotiations are not being conducted in good faith or are being conducted for the purpose of delay;
E. It appears unlikely the parties will reach a negotiated resolution; and/or,
F. The recipient has prior violations that need to be brought to the Board’s attention prior to attempting settlement negotiations.
8.3.4.3
A stipulated settlement agreement shall be considered a violation for the purpose of determining the fine amount in subsequent violations. The stipulated settlement agreement may contain an admission of the violation(s). A stipulated settlement agreement shall be signed and dated by both the Program Director or Board chair or designee and the citation recipient. A stipulated settlement agreement shall be approved by the Board in order to become a final agency order.
8.3.4.4
A written request from the citation recipient to proceed to a formal hearing may be submitted at any time during settlement negotiations. If the negotiations are subsequently deemed futile, the citation recipient shall be notified that payment of the fine or request a formal administrative hearing shall be submitted within ten (10)
calendar days. Written settlement information may be used against the licensee, registrant, applicant or respondent at the hearing when unsuccessful settlement negotiations proceed to a formal hearing.
8.3.4.5
When the citation recipient retains an attorney for assistance during stipulated settlement negotiations, the Board or Program Director may request the Attorney General to assist with settlement negotiations.
8.3.4.6
Hearings. Hearings shall be conducted in accordance with the Administrative Procedure Act. The hearings shall be conducted by an administrative law judge at the Office of Administrative Courts. The citation recipient may be represented by counsel of his or her choosing. 8.3.4.6.1 At the formal administrative hearing, the Board may pursue the award of the maximum fine allowed by statute. At the formal administrative hearing, the Board may also pursue the award of any other disciplinary sanctions such as revocation, suspension or probation. The Board shall review the entire citation history of a licensee, as found in the Board's records, in any disciplinary action against a licensee.
8.3.4.7
8.4
Inspectors shall not negotiate settlements or accept payment of fines.
Fine Schedule. The following is the current fine schedule adopted by the Board pursuant to § 12­
23­118(5)(a), C.R.S.
Violation
Engaging in the business, trade, or calling of a journeyman electrician without a license
Statutory
Provision
12­23­105(1)
1st
Offense
2nd
Offense
$225
$600
Subsequent
Offense
Up to $2,000 per day
March 17, 2017 January 30, 2015
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of 20 Engaging in the business, trade, or calling of a master electrician without a license
12­23­105(1)
$300
$600
Up to $2,000 per day
Engaging in the business, trade, or calling of a residential wireman without a license
12­23­105(2)
$150
$375
Up to $2,000 per day
Performing electrical work beyond the authorization of a residential wireman license
12­23­105(1)
$375
$750
Up to $2,000 per day
Failure of an electrical contractor to register an apprentice
12­23­110.5(3)
12­23­118(1)(a)
$225
$600
Up to $2,000 per day
$50
$200
Up to $2,000 per day
Failure of an apprentice to work under the supervision of a licensed electrician of a licensee or registered apprentice to produce a
license or registration as required by Rule 7.3
12­23­118(1)(k)
$300
$600
Up to $2,000 per day
Engaging in the business of an electrical contractor without obtaining registration from the Board
12­23­106(5)(a)
$750
$1,500
Up to $2,000 per day
$375
$600
Up to $2,000 per day
$375
$600
$375
$900
Up to $2,000 per day
Failure of an electrical contractor to maintain
a supervisory ratio of one licensed electrician
to three apprentices
Failure to obtain a permit and/or failure to obtain an inspection
12­23­110.5(1), 12­23­110.5(3)(b)
12­23­118(1)(j)
12­23­110.5(1)
12­23­116
12­23­118(1)(a)
Up to $2,000 per day
Failure to remove a cause for disapproval of any electrical installation within a reasonable
time 12­23­118(1)(c)
$450
$900
Up to $2,000 per day
Advertising by a licensee or registrant which is false or misleading
12­23­118(1)(h)
$375
$750
Up to $2,000 per day
Deception, misrepresentation or fraud in obtaining or attempting to obtain a license (includes loaning a license)
12­23­118(1)(i)
$1,000
$2,000
Up to $2,000 per day
Failure to comply with other state or federal law (safety, health, insurance, tax)
12­23­118(1)(p)
$375
$750
Up to $2,000 per day
12­23­118(1)
Up to $1,000
Up to $2,000
Up to $2,000 per day
Other violations of the state electrical statutes, rules, or Board orders.
9.0
12­23­118(1)(b)
Employment by an electrical contractor of unlicensed persons doing electrical work
Failure of a licensed electrician to supervise an apprentice
8.5
12­23­110.5(1)
Compliance. Payment of a fine assessed from a citation does not relieve the receiver of the citation from correcting the situation, installation, statute or code violation noted in the citation.
DECLARATORY ORDERS
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of 20 March 17, 2017 January 30, 2015
9.1
Any person may petition the Board for a declaratory order to terminate controversies or to remove uncertainties as to the applicability to the petitioner of any statutory provision or of any rule or order of
the Board.
9.2
The Board will determine, in its discretion and without notice to the petitioner, whether to rule upon any such petition. If the Board determines that it will not rule upon such a petition, the Board shall promptly notify the petitioner of its action and state the reasons for such action.
9.3
The Board shall consider the following matters, among others in determining whether to rule upon a petition filed pursuant to this rule:
A. If a rule on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision or rule or order of the Board.
B. If the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Board or a court involving one or more of the petitioners.
C. If the petition involves any subject, question or issue that is the subject of a formal or informal matter of investigation currently pending before the Board or a court but not involving any petitioner.
D. If the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.
E. If the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Rule 57, Colo. R. Civ.P., that will terminate the controversy or remove any uncertainty
as to the applicability to the petitioner of the statute, rule or order in question.
9.4
A petition filed pursuant to this rule shall set forth the following:
A. The name and address of the petitioner and whether the petitioner is licensed pursuant to the organic act.
B. The statute, rule or order to which the petition relates; and,
C. A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner.
9.5
If the Board determines that it will rule on the petition, the following procedures shall apply:
A. The Board may rule upon the petition based solely upon the facts presented in the petition. In such a case:
1. Any ruling of the Board will apply only to the extent of the facts presented in the petition and any amendment to the petition.
2. The Board may order the petitioner to file a written brief, memorandum or statement of position.
3. The Board may set the petition, upon due notice to petitioner, for a non­evidentiary hearing.
4. The Board may dispose of the petition on the sole basis of the matters set forth in the petition.
5. The Board may request the petitioner to submit additional facts, in writing. In such event, such
additional facts will be considered as an amendment to the petition.
6. The Board may take administrative notice of facts pursuant to the Administrative Procedure Act (§ 24­4­105[8], C.R.S.) and may utilize its experience, technical competence and specialized knowledge in the disposition. If the Board rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision.
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of 20 March 17, 2017 January 30, 2015
B. The Board may, in its discretion, set the petition for hearing upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the Board intends to inquire. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the
Board to consider.
9.6
The parties to any proceeding pursuant to this rule shall be the Board and the petitioner. Any other person may seek leave of the Board to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the Board. A petition to intervene shall set forth the same matters as required by section 7.4. Any reference to a “petitioner” in this rule also refers to any person who has been granted leave to intervene by the Board.
9.7
A declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to § 24­4­106, C.R.S.
10.0 STATE ELECTRICAL INSPECTORS QUALIFICATIONS
10.1 Applicant. All applicants for the position of state electrical inspector must possess a current journeyman or master electrician license issued by the State of Colorado.
10.2 Electrician License. Electrical inspectors must maintain a current Colorado journeyman or master electrician license.
10.3 Residential inspector training. Persons who are undergoing their two year practical electrical inspection experience training pursuant to § 12­23­115(1)(a)(I)(B), C.R.S. (1 year being the equivalent
of 2,000 hours):
1. Shall be accompanied at all times by a Colorado licensed electrician who is employed as an electrical inspector by the same jurisdictional authority; 2. Shall complete all of the two year practical training in the field, under actual electrical inspection situations; 3. Shall not provide any electrical inspections without being accompanied by a Colorado licensed electrical inspector;
4. Shall not sign off any electrical inspections; and 5. Shall not release any electrical meter sets to any electrical utility.
10.4 Registration with the state. Persons qualifying as residential electrical inspectors pursuant to § 12­
23­115(1)(a)(I)(B), C.R.S. shall, when registering with the state pursuant to § 12­23­115(1)(a)(II)(b) prior to assumption of their duties, furnish satisfactory evidence of their two year practical experience in the electrical inspection of residential dwellings to include.
1.
Beginning and ending dates;
2. Instructor name(s); and 3. Jurisdiction in which training was conducted
March 17, 2017 January 30, 2015
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of 20 11.0 RENEWAL AND REINSTATEMENT (Effective January 1, 2018 Replacing Rule 6.0 in its entirety)
11.1 Renewal. Board issued licenses and electrical contractor registrations shall be renewed every three (3) years to correspond with the Board’s adoption of the National Electrical Code. 11.1.1 A licensee or registrant shall have a sixty (60) day grace period to renew such license or registration without the imposition of a disciplinary sanction for practicing on an expired license or registration. During this grace period, a delinquency fee shall be charged for late renewal. 11.1.2 A licensee or registrant who does not renew such license or registration within the sixty (60) day grace period shall be deemed as having an expired license or registration and shall be ineligible to practice until such license or registration is reinstated. If the licensee or registrant practices with an expired license or registration, the Board may impose disciplinary actions. 11.2 Reinstatement. An expired license may be reinstated by submitting a reinstatement application, paying the current reinstatement fee, and meeting the appropriate requirements below. 11.2.1 Expired for Less Than Three (3) Years. To reinstate a license that has been expired for less than three (3) years the applicant must provide evidence of completion, since applicant’s most recent licensing event (original license, renewal or reinstatement) preceding the application for reinstatement, of 24 hours of continuing education, as defined in Rule 11.4. 11.2.2 Expired for More Than Three (3) Years. If the license has been expired for more than three (3) years, pursuant to § 24­34­102(8)(d)(II), C.R.S. the applicant must demonstrate competency to practice by any of the following: A. Satisfactorily pass the state electrical examination; B. Provide verification of an active license with a state where a reciprocal agreement for an equivalent license exists; C. Provide verification of active licensure in a non­reciprocal state as follows: 1. Verify an active residential wireman’s license, journeyman electrician’s license,
or master electrician’s license in non­reciprocal state, respective to the license being reinstated; and, 2. Evidence of completing 24 continuing education hours pursuant to Rule 11.4 since applicant’s most recenet licensing event (original license, renewal or reinstatement) preceding the application for reinstatement. D. By other means approved by the Board. 11.3 An individual who has acquired both a master and a journeyman electrician license by examination issued by the state of Colorado, and who has allowed the journeyman license to expire, and holds an active master license, may reinstate the journeyman license after meeting the requirements of Board Rule 11.0.
11.4 Continuing Education Requirements. 11.4.1 Statutory Basis. Pursuant to § 12­23­106(4)(d)(II), C.R.S., the Board shall adopt rules establishing continuing education requirements and standards that a licensee shall March 17, 2017 January 30, 2015
Rules and Regulations
Page 23
of 20 demonstrate in order to renew a license on or after January 1, 2018. Such requirements and
standards must include course work related to the National Electrical Code, including core competencies as determined by the board.
11.4.2. Basis of Requirements. As established by the Colorado General Assembly, the regulatory authority of the Board is to establish continuing education standards to renew, reinstate or reactivate a license and the documentation necessary to demonstrate compliance.
11.4.3 Definitions. 11.4.3.1 Core Competencies: Core Competencies are technical and professional subjects, related to the practice of electrical work, which the Board deems necessary to safeguard the public. 11.4.3.2 Continuing Education Pre­Approval Guide: An instructional manual detailing the pre­approval process of providers, courses and instructors. This manual will instruct providers how to obtain Board pre­approval as a provider and for courses
and instructors. 11.4.3.3. Inactive Status: A licensee is not required to comply with continuing education requirements to renew a license in inactive status. An individual whose license is in inactive status is prohibited by law from practicing as a licensed electrician.
11.4.3.4 National Electrical Code: The National Electrical Code shall refer to the code for the safe installation of electrical wiring and equipment, as amended, published by
the National Fire Protection Association and approved by the American National Standards Institute, or its successor organization.
11.4.3.5 Pre­approved list: A publically available list containing providers and courses that have been pre­approved by the Board. Credit will be earned by a licensee if completing a course on this pre­approved list. 11.4.4 Requirements. 11.4.4.1 Each renewal cycle, a licensee in active status shall complete 24 hours of continuing education in order to renew a license to perform electrical work in Colorado. The continuing education hours must be selected from among the four Core Competencies below in any combination, except that a minimum of 4 8 continuing education hours must be related to National Electrical Code changes and a minimum of 4 hours must be related to safety training : A. Grounding and Bonding B. National Electrical Code changes C. Wiring methods
D. Theory and calculations E. Safety related to the construction industry.
11.4.4.2 Continuing education credits will only apply to one 3­year renewal period. 11.4.4.3 Licensees shall cooperate with the Board to determine compliance with continuing
education requirements.
11.4.5 Pre­Approval of Continuing Education. Continuing education providers, courses and instructors must be pre­approved by the Board before a licensee can earn continuing education credit toward the continuing education requirement as described in Rule 11.4. March 17, 2017 January 30, 2015
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of 20 11.4.5.1 The Board has sole discretion to approve providers, courses and instructors.
11.4.5.2 Providers: Providers will be considered approved if they have a course approved by the Board. 11.4.5.2.1 Each Provider will be issued a unique Provider Approval Number, which must be included on all course or instructor approval submissions.
11.4.5.2.2 If the content of a course is changed before the approval expires, the Provider must re­submit the course for pre­approval.
11.4.5.2.3 The Provider is responsible for all course content and for issuing certificates of completion to attendees.
11.4.5.2.4 Certificates of completion shall not be issued to attendees unless the course is successfully completed. Certificates of completion shall include all of the following elements:
A. Name of attendee;
B. Attendee’s Colorado electrician’s license number;
C. Date of course
D. Provider name and approval number;
E. Course title and approval number;
F. Instructor name and approval number; and
G. Number hours of continuing education credit earned. 11.4.5.2.5 The Provider shall submit an attendance roster for each completed course to the Board in a manner approved by the Board within 30 days of course completion.
11.4.5.3 Courses: Criteria for approval of a course shall include the following:
11.4.5.3.1 Each course shall cover one of four core competencies, as listed in Rule 11.4.4.1. Course credit will apply to only one core competency per course.
11.4.5.3.3 All online courses or webinars shall be interactive (Provider must have capabilities in place to ensure the participant is actively participating and fast forward must be disabled.
11.4.5.3.4 DVD and videotape courses are not acceptable.
11.4.5.3.7 After approval, each course will be issued a unique Course Approval Number, which must be included on all course or instructor approval submissions.
11.4.5.4 Instructors: Criteria for approval of an instructor shall include the following:
11.4.5.4.1 Instructors must be sponsored by a Colorado approved Provider.
11.4.5.4.2 Instructor’s background and experience must meet at least one of the following criteria. A. Graduate electrical engineer licensed as an electrician;
March 17, 2017 January 30, 2015
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of 20 B. Hold a minimum of a Colorado journeyman electrician’s license (or equivalent) plus a minimum of 1 year of journeyman electrician field experience;
C. Community college or vo­tech instructor as approved by the Board; or
D. Electrical continuing education instructor from other areas as approved by the Board.
E. Instructor shall provide documentation of background and experience as requested by the Board.
11.4.5.4.4 After approved each Instructor will be issued a unique Instructor Approval Number, which must be included on all course or instructor approval submissions.
11.4.5.5. After approval by the Board, approved providers and courses will be placed on the Board’s pre­approved list. 11.4.5.6 The Board has sole discretion to accept or reject any continuing education credit earned by a licensee that is not on the Board’s pre­approved list. 11.4.5.7 Upon cause, providers, course and instructor approvals can be withdrawn from the pre­approved list. 11.4.7 Recordkeeping. 11.4.7.1 The licensee shall track and document completed continuing education in a process approved by the Board. 11.4.7.2 The licensee shall retain documentation for a minimum of seven (7) years.
11.4.8 Exemptions. The Board may grant an exemption from continuing education requirements set out in Board Rule 11.4. It is within the sole discretion of the Board to decide whether
good cause has been shown in order to grant an exemption. 11.4.8.1 Pursuant to section § 12­70­102, C.R.S., licensees who have been called to federally funded active duty for more than 120 days for the purpose of serving in a war, emergency or contingency may request an exemption from continuing education requirements for the renewal, reinstatement, or activation of his/her license for the 3­year renewal period that falls within the period of service or within six months following the completion of service. 11.4.8.2. Licensees seeking exemption from continuing education requirements shall provide evidence and written explanation citing in as much detail as possible the inability of the licensee to comply with continuing education requirements for the
renewal period and why the license should remain in active status.
11.4.9 Audits. 11.4.9.1 The Board may conduct audits of continuing education for verification of compliance with these requirements at any time. The Board may, at its discretion, disallow any continuing education course completed by a licensee that
was not on the Board’s pre­approved list. 11.4.9.2 A licensee shall provide all documentation requested for audit within thirty (30) days of the request. 11.4.10 Multiple Licenses. March 17, 2017 January 30, 2015
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of 20 11.4.10.1 A licensee holding multiple licenses issued by the Board shall complete continuing education requirements for the most advanced license held. Completion of continuing education requirements for the most advanced license shall satisfy the requirements for all lesser licenses.
11.5 Inactive License Status and Reactivation. 11.5.1 Inactive License. Pursuant to § 12­70­101, C.R.S., any licensee may apply to the Board to transfer his or her license to inactive status. Such application shall be in the form and manner designated by the Board. The holder of an inactive license shall not be required to comply with continuing education requirements for renewal so long the license remains inactive. 11.5.1.1 Each holder of an inactive license shall renew once every three (3) years
with the Board in the same manner as active license holders and pay a fee pursuant to § 12­23­112, C.R.S. 11.5.1.2 During such time as a license remains in an inactive status, the licensee shall not perform any acts restricted to active licensed electricians. Such practice may be grounds for revocation.
11.5.2 Reactivation of Inactive License. An inactive license may be reactivated by submitting the
proper application, paying the current reactivation fee, and meeting the appropriate requirements below. 11.5.2.1 Inactive for Less Than Three (3) Years. To reactivate a license that has been inactive for less than three (3) years, the applicant must provide evidence of completion, within the 3 years immediately preceding the application for reinstatement, of 24 hours of continuing education, as defined in Rule 11.4. 11.5.2.2 Inactive for More Than Three (3) Years. Pursuant to § 12­23­106(4)(c), C.R.S., a licensee whose license has been inactive for more than three (3) years must demonstrate education to practice by any of the following: A. Satisfactorily pass the state electrical examination; B. Provide verification of an active license with a state where a reciprocal agreement for an equivalent license exists; C. Provide verification of active licensure in a non­reciprocal state as follows:
1. Verify an active residential wireman’s license, journeyman electrician’s license, or master electrician’s license in non­reciprocal state, respective to the license you are reinstating; and, 2. Evidence of completing 24 continuing education hours pursuant to Rule 11.4 in the 3 years immediately preceding the application for reinstatement. D. By other means approved by the Board. 11.5.3 Practicing with an Inactive License. Practicing electrical work with a license in inactive status shall constitute practice without an active license and, therefore, may be grounds for injunctive or disciplinary action, up to and including revocation.
11.6 Loss of Responsible Master. An electrical contractor who loses the services of the responsible master
electrician, for any reason, will be allowed twenty (20) days in which to hire another master electrician. If the electrical contractor has not hired another master electrician during that period, the March 17, 2017 January 30, 2015
Rules and Regulations
Page 27
of 20 Board shall place the electrical contractor registration into inactive status until such time that the contractor submits evidence that a master electrician has been hired, and the appropriate fee has been paid.
11.7 Any licensed or registered individual working as an electrician shall be required to carry on their person the appropriate license, temporary work permit, or registration.
11.8 Personaell information Name and Address Change.
11.8.1 A licensee or registrant shall inform the Board in a clear, explicit, and unambiguous written statement of any name, address, telephone, or email change within thirty (30) days of the change. The Board will not change the licensee or registrant information without explicit written notification from the licensee or registrant. Notification by any manner approved by the Board is acceptable.
11.8.1.1 The Division of Professions and Occupations maintains one (1) contact address for each licensee or registrant, regardless of the number of licenses or registrations the licensee or registrant may hold.
11.8.1.2 Address change requests for some, but not all, communications or for confidential communications only are not accepted.
11.8.2 The Board requires one (1) of the following forms of documentation to change the name or social security number of a licensee or registrant:
11.8.2.1 Marriage license;
11.8.2.2 Divorce decree;
11.8.2.3 Court order; or
11.8.2.4 A driver’s license or social security card with a second form of identification may be
acceptable at the discretion of the Division of Professions and Occupations.
11.9 Contractor Registration and Advertising.
11.9.1 Registered Electrical Contractors shall not advertise in any manner, by any name, including DBA’s, other than the registered company name on record with Department of Regulatory Agencies. March 17, 2017 January 30, 2015
Rules and Regulations
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of 20 Notice of Proposed Rulemaking
Tracking number
2016-00627
Department
700 - Department of Regulatory Agencies
Agency
731 - Division of Professions and Occupations - Office of Barber and Cosmetology Licensure
CCR number
4 CCR 731-1
Rule title
BARBERS AND COSMETOLOGISTS
Rulemaking Hearing
Date
01/09/2017
Time
01:00 PM
Location
1560 Broadway Conf Room 1250C Denver, CO 80202
Subjects and issues involved
The purpose of this rulemaking is to amend all existing rules for further clarification and
afford adequate infection control requirements for public protection.
See additional Statement of Basis and Purpose for more details of the amendments.
Statutory authority
§ 12-8-108(1)(a), C.R.S., and § 24-4-103, C.R.S.
Contact information
Name
Courtney Cullen
Telephone
303-894-7800
Title
Office Representitive
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
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Statement of Basis and Purpose
Proposed Rules for Office of Barber and Cosmetology Licensure
The basis for the rules is to carry out the provisions of the Barbers and Cosmetologists Practice
Act at §§ 12-8-101 et seq., C.R.S. (“the Act”).
The specific statutory authority that authorizes the rulemaking is § 12-8-108(1)(a), C.R.S., and §
24-4-103, C.R.S.
The purpose of this rulemaking is to amend all existing rules for further clarification and afford
adequate infection control requirements for public protection. The specific purpose for
amending these rules is as follows:
Chapter 1
Acronyms,
Abbreviations and
Definitions
Chapter 2
Qualifications
of Applicants
This chapter provides acronyms, abbreviations and definitions used
throughout the rules.
Chapter 3
Prohibited
Examination
Conduct
This chapter was previously Rule 8. The proposed amendments further clarity
the requirements for examination applicants and the prohibited during the
licensing examinations.
Chapter 4
Licensure by
Endorsement
This chapter was previously Rule 10. The proposed amendments further
clarity the qualifications and procedures for applicants seeking licensure by
endorsement from another state, territory or foreign jurisdiction.
This chapter was previously Rule 7. The proposed amendments further
clarify the prerequisites necessary for an applicant’s eligibility for
examination.
Chapter 5
This chapter was previously Rule 12. The proposed amendments further
License Maintenance clarity the timeframes and requirements needed to maintain, renew or
and Reinstatement reinstate a license pursuant to § 12-8-115, C.R.S., and § 24-34-102(8)(d)(II),
Requirements
C.R.S.
Chapter 6
This chapter was developed from items previously listed in Rule 5 and Rule 6.
Registration of Place The proposed amendments further clarity the requirements needed to register,
of Business
change and reinstate places of business.
Chapter 7
Infection Control
Requirements
This chapter was developed from items listed in Rule 2. The proposed
amendments further clarity the required procedures for safe and effective
cleaning, disinfection and storage practices necessary to protect the public’s
health, safety and welfare and remove unnecessary requirements.
Chapter 8
This is a new chapter. The proposed rules consolidate practice related services
Prohibited Acts and listed in various places throughout the prior rules and provides further clarity
Scope of Practice
on the permitted and prohibited scope of practice for each profession.
Chapter 9
This chapter consolidated items from Rule 3, 9 and 11. The proposed
Advanced Training amendments further clarify the approved substances that may be used for
Requirements
chemical and manual resurfacing exfoliation services, the training that must
be completed before these services are performed and the requirements
necessary for the safe application on the public.
Chapter 10
Inspections
This is a new chapter. The proposed rules clarify the inspection of
barbershops, beauty salons, places of business, rented booths, and employee
workstations and includes a fine chart.
Chapter 11
Advisory Committee This chapter was previously Rule 1. The proposed amendments further clarity
the terms and scope of the six member advisory committee established
pursuant to § 12-8-108(2)(a), C.R.S.
Chapter 12
Declaratory Orders This chapter was previously Rule 4. The purpose of this rule is to establish
procedures for the handling of requests for declaratory orders filed pursuant to
the Colorado Administrative Procedures Act at § 24-4-105(11), C.R.S.
The Director believes the proposed amendments are fair, impartial, and non-discriminatory.
It is the Director’s opinion that these amendments will not have an adverse economic impact on
small businesses because the amendments provide greater clarity for compliance and remove
burdensome requirements to existing rules.
Notice of Proposed Rulemaking
Tracking number
2016-00610
Department
700 - Department of Regulatory Agencies
Agency
732 - Division of Professions and Occupations - State Physical Therapy Board
CCR number
4 CCR 732-1
Rule title
PHYSICAL THERAPIST LICENSURE AND PHYSICAL THERAPIST ASSISTANT
CERTIFICATION
Rulemaking Hearing
Date
01/13/2017
Time
09:30 AM
Location
1560 Broadway, Denver, CO 80202 - Conference Room 1250 A
Subjects and issues involved
The Board is amending rules 106, 107, 201, 204, 213, 303, and 305 to ensure consistency
with statute.
Statutory authority
Sections 12-41-103.6(2)(b), 12-41-113(1), 12-41-114.6(1)(b), and 12-41-201(3), C.R.S.
Contact information
Name
(Mo) Maulid Miskell
Telephone
(303) 894-7761
Title
Program Director
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
STATE PHYSICAL THERAPY BOARD
PHYSICAL THERAPIST LICENSURE & PHYSICAL THERAPIST ASSISTANT CERTIFICATION
4 CCR 732-1
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_______________________________________________________________________________
GENERAL RULE PROVISIONS
101. Definitions
The purpose of this rule is to address the requirement under section 12-41-113(1), C.R.S., regarding
supervision of persons not licensed as a physical therapist, and to clarify the types/levels of supervision
utilized throughout the Physical Therapy Practice Act and these Board rules.
A. “General supervision” means the physical therapist is not required to be on site for direction and
supervision, but must be available at least by telecommunications.
B. “Direct supervision” means the physical therapist is physically present in the same physical building.
C. “Immediate supervision” means the physical therapist is physically present or immediately available in
the same physical building to support the individual being supervised.
102. Licensure & Certification Requirements: Credit for Military Experience
The purpose of this rule is to outline the conditions and procedures governing the evaluation of an
applicant’s military training and experience under section 24-34-102(8.5), C.R.S.
A. Education, training, or service gained in military services outlined in section 24-34-102(8.5), C.R.S.,
that is to be accepted and applied towards receiving either a physical therapist license or a
physical therapist assistant certification must be substantially equivalent, as determined by the
Board, to the qualifications otherwise applicable at the time of the receipt of the application. It is
the applicant’s responsibility to provide timely and complete evidence of the education, training
and/or service gained in the military for review and consideration. Satisfactory evidence of such
education, training or service will be assessed on a case-by-case basis.
103. Recognized Accrediting Agency
The purpose of this rule is to designate a nationally recognized accrediting agency for accrediting physical
therapy and physical therapist assistant programs pursuant to sections 12-41-103(1), 12-41-107, 12-41109, 12-41-111, 12-41-114, 12-41-205, 12-41-206, and 12-41-207, C.R.S.
A. The Commission on Accreditation in Physical Therapy Education (CAPTE) is recognized as the
accrediting agency for accrediting both physical therapy and physical therapist assistant
programs.
104. Approved Examinations for Licensing
The purpose of this rule is to designate a nationally-recognized examination approved by the Board
pursuant to sections 12-41-107, 12-41-109, 12-41-111, 12-41-205, 12-41-206, and 12-41-207, C.R.S.
A. The examination developed by the Federation of State Boards of Physical Therapy (FSBPT) entitled
the National Physical Therapy Examination (NPTE) for physical therapists is approved as the
required examination in the licensure process. An applicant must achieve a passing score as
determined by FSBPT in order to be eligible for licensure as a physical therapist.
B. The examination developed by FSBPT entitled the National Physical Therapy Examination (NPTE) for
physical therapist assistants is approved as the required examination in the certification process.
An applicant must achieve a passing score as determined by FSBPT in order to be eligible for
certification as a physical therapist assistant.
105. Declaratory Orders
The purpose of this rule is to establish procedures for the handling of requests for declaratory orders filed
pursuant to the Colorado Administrative Procedures Act at section 24-4-105(11), C.R.S.
A. Any person or entity may petition the Board for a declaratory order to terminate controversies or
remove uncertainties as to the applicability of any statutory provision or of any rule or order of the
Board.
B. The Board will determine, at its discretion and without notice to petitioner, whether to rule upon such
petition. If the Board determines that it will not rule upon such a petition, the Board shall promptly
notify the petitioner of its action and state the reasons for such decision.
C. In determining whether to rule upon a petition filed pursuant to this rule, the Board will consider the
following matters, among others:
1. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the
applicability to petitioner of any statutory provisions or rule or order of the Board;
2. Whether the petition involves any subject, question or issue that is the subject of a formal or
informal matter or investigation currently pending before the Board or a court involving
one or more petitioners;
3. Whether the petition involves any subject, question or issue that is the subject of a formal or
informal matter or investigation currently pending before the Board or a court but not
involving any petitioner;
4. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an
advisory ruling or opinion; and
5. Whether the petitioner has some other adequate legal remedy, other than an action for
declaratory relief pursuant to CRCP 57, which will terminate the controversy or remove
any uncertainty as to the applicability to the petitioner of the statute, rule, or order in
question.
D. Any petition filed pursuant to this rule shall set forth the following:
1. The name and address of the petitioner and whether the petitioner is licensed or certified
pursuant to Title 12, Article 41.
2. The statute, rule, or order to which the petition relates.
3. A concise statement of all of the facts necessary to show the nature of the controversy or
uncertainty and the manner in which the statute, rule, or order in question applies or
potentially applies to the petitioner.
E. If the Board determines that it will rule on the petition, the following procedures shall apply:
1. The Board may rule upon the petition based solely upon the facts presented in the petition. In
such a case:
a. Any ruling of the Board will apply only to the extent of the facts presented in the
petition and any amendment to the petition.
b. The Board may order the petitioner to file a written brief, memorandum, or statement
of position.
c. The Board may set the petition, upon due notice to petitioner, for a non-evidentiary
hearing.
d. The Board may dispose of the petition on the sole basis of the matters set forth in the
petition.
e. The Board may request the petitioner to submit additional facts in writing. In such
event, such additional facts will be considered as an amendment to the petition.
f. The Board may take administrative notice of facts pursuant to the Colorado
Administrative Procedures Act at section 24-4-105(8), C.R.S., and may utilize its
experience, technical competence, and specialized knowledge in the disposition
of the petition.
2. If the Board rules upon the petition without a hearing, it shall promptly notify the petitioner of its
decision.
3. The Board may, at its discretion, set the petition for hearing, upon due notice to petitioner, for
the purpose of obtaining additional facts or information or to determine the truth of any
facts set forth in the petition or to hear oral argument on the petition. The hearing notice
to the petitioner shall set forth, to the extent known, the factual or other matters that the
Board intends to inquire.
4. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the
burden of proving all the facts stated in the petition; all of the facts necessary to show the
nature of the controversy or uncertainty; and the manner in which the statute, rule, or
order in question applies or potentially applies to the petitioner and any other facts the
petitioner desires the Board to consider.
F. The parties to any proceeding pursuant to this rule shall be the Board and the petitioner. Any other
person may seek leave of the Board to intervene in such a proceeding, and leave to intervene will
be granted at the sole discretion of the Board. A petition to intervene shall set forth the same
matters as are required by section D of this rule. Any reference to a "petitioner" in this rule also
refers to any person who has been granted leave to intervene by the Board.
G. Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute
agency action subject to judicial review pursuant to the Colorado Administrative Procedures Act
at section 24-4-106, C.R.S.
106. Reporting Criminal Convictions, Judgments, and Administrative Proceedings
The purpose of this rule is to delineate the procedures a licensee or a certificate holder must adhere to
when an act enumerated in sections12-41-115, 12-41-117(2) or, 12-41-210, or 12-41-212(2) C.R.S., has
occurred.
A. A licensee or certificate holder must inform the Board within 90 days of any of the following events:
1. The conviction of a felony under the laws of any state or of the United States, or of any level of
crime related to the practice of physical therapy. A guilty verdict, a plea of guilty, a plea of
nolo contendere, or the imposition of a deferred sentence accepted by the court is
considered a conviction.
2. A disciplinary action imposed by another jurisdiction that licenses, certifies, or registers
physical therapists or physical therapist assistants including, but not limited to, a citation,
sanction, probation, civil penalty, or a denial, suspension, revocation, or modification of a
license, certification, or registration, whether it is imposed by consent decree, order, or in
some other manner, for any cause other than failure to pay a license, certification, or
registration fee by the due date.
3. Revocation or suspension by another state board, municipality, federal or state agency of any
health services related license, certification, or registration, other than a license,
certification, or registration as a physical therapist or physical therapist assistant.
B. Any award, judgment, or settlement of a civil action or arbitration in which there was a final judgment
or settlement for malpractice of physical therapy.
C. The notice to the Board must include the following information:
1. If the event is an action by a governmental agency:
a. The name of the agency;
b. Its jurisdiction;
c. The case name;
d. The docket, proceeding, or case number by which the event is designated; and
e. A copy of the consent decree, order, or decision.
2. If the event is a conviction of a crime described above:
a. The court;
b. Its jurisdiction;
c. The case name;
d. The case number;
e. A description of the matter or a copy of the indictment or charges;
f. Any plea or verdict accepted or entered by the court; and
g. A copy of the imposition of sentence related to the conviction and the completion of all
terms of the sentence.
3. If the event concerns a civil action or arbitration proceeding:
a. The court or arbitrator;
b. The jurisdiction;
c. The case name;
d. The case number;
e. A description of the matter or a copy of the complaint or demand for arbitration; and
f. A copy of the verdict, the court decision or arbitration award, or, if settled, the
settlement agreement and court’s order of dismissal.
4. The licensee or certificate holder notifying the Board may submit a written statement with the
notice to be included with the licensee’s or certificate holder’s records.
107. Reporting Physical or Mental Illness or Condition
The purpose of this rule is to clarify the notification requirements of sections 12-41-118.5 and 12-41-214,
C.R.S.
A. A licensed physical therapist or certified physical therapist assistant must notify the Board if he/she
suffers from any of the following:
1. A long-term (more than 90 days) physical illness/condition that renders the licensee or
certificate holder unable, or limits his/her ability, to practice physical therapy with
reasonable skill and patient safety; or
2. A debilitating mental illness/condition that renders the licensee or certificate holder unable, or
limits his/her ability, to practice physical therapy with reasonable skill and patient safety.
B. The physical therapist or physical therapist assistant must notify the Board in writing of the illness or
condition within 30 days from the date it impacts his/her ability perform physical therapy services
with reasonable skill and safety, and submit, within 60 days, a letter from his/her treating medical
or mental health provider describing:
1. The diagnosis and a description of the illness or condition(s);
2. The date that the illness or condition was first diagnosed;
3. Treatment plan;
24. The impact on the licensee’s or certificate holder’s ability to practice safely based on his/her
review of a job description for a physical therapist or physical therapist assistant; and
35. Any applicable modifications, limitation(s) , or restrictions to his/her practice.
C. Pursuant to sections 12-41-118 and 12-41-213, C.R.S., the Board may require the licensee or
certificate holder to submit to an examination to evaluate the extent of the illness or condition and
its impact on his/her ability to practice with reasonable skill and safety.
D. Pursuant to sections 12-41-118.5 and 12-41-214, C.R.S., the Board may enter into a non-disciplinary
confidential agreement with the physical therapist or physical therapist assistant in which he/she
agrees to limit his/her practice based on any restriction(s) imposed by the illness or condition, as
determined by the Board. A licensee or certificate holder subject to discipline for habitually
abusing or excessively using or abusing alcohol, a habit-forming drug, or a controlled substance
is not eligible to enter into a confidential agreement.
PHYSICAL THERAPIST LICENSURE RULES
201. Supervision and/or Direction of Persons Not Licensed as a Physical Therapist
Pursuant to section 12-41-113(1), C.R.S., the purpose of this rule is to clarify supervision and/or direction
provisions for persons not licensed as a physical therapist, which include a physical therapist assistant,
certified nurse aide, provisional physical therapist, physical therapy aide, athletic trainer, massage
therapist, student physical therapist, or student physical therapist assistant. A therapist of record must be
established if physical therapy services are being provided by any of the persons not licensed as a
physical therapist listed above. A physical therapist who performs an initial examination and evaluation,
and develops an appropriate plan of care, shall be the therapist of record for that patient, unless that
physical therapist transfers the responsibility to another licensed physical therapist, or a provisional
physical therapist under supervision of a physical therapist or a student physical therapist under
supervision of a clinical instructor actively licensed by the State of Colorado as a physical therapist,
experienced and skilled enough to take on such responsibility through documentation in the patient
records, including the transfer of the procedures and responsibilities provided in this rule.
A. Delegation of duties is determined by the education and training of the individual being delegated
responsibilities as allowed pursuant to Article 41 of Title 12, C.R.S., and these Board rules. If a
task cannot be delegated, then a physical therapist must personally attend to the task in-person
and not through a patient chart review.
1. A physical therapist shall determine if the individual not licensed as a physical therapist who is
being delegated responsibility has the appropriate education, training, and/or experience
to perform duties as allowed by statute and/or rule.
2. A physical therapist shall rely on his/her expertise and clinical reasoning when determining the
most appropriate utilization of a person not licensed as a physical therapist to provide for
the delivery of service that is safe, effective, and efficient.
3. A physical therapist must personally perform and cannot delegate to a person not licensed as a
physical therapist the initial clinical contact, interpretation of referrals, initial examinations
and evaluations, diagnosis and prognosis, development and modification of plans of care,
determination of discharge criteria, and supervision of physical therapy services rendered
to the patient/client, except for a provisional physical therapist under supervision of a
physical therapist or a student physical therapist under supervision of a clinical instructor
actively licensed as a physical therapist, experienced and skilled enough to take on such
responsibility.
4. A physical therapist shall not delegate wound debridement to a person not licensed as a
physical therapist, except to a provisional physical therapist under supervision of a
physical therapist or a student physical therapist under supervision of a clinical instructor
actively licensed as a physical therapist, experienced and skilled enough to take on such
responsibility, but may delegate non-selective wound care to a physical therapist
assistant.
B. A physical therapist is responsible for providing adequate or proper supervision and/or direction to a
person not licensed as a physical therapist pursuant to section 12-41-115(1)(e), C.R.S.
1. A physical therapist may supervise up to 4 individuals at one time who are not physical
therapists to assist in the physical therapist’s clinical practice. This limit does not include
student physical therapists and student physical therapist assistants supervised by a
physical therapist for educational purposes.
2. A physical therapist shall regularly evaluate and observe the performance of any person under
his/her supervision and/or direction to ensure that all physical therapy services rendered
meet the standard of care for delegation to be continued.
C. Pursuant to the definitions provided in Rule 101, a physical therapist shall provide:
1. General supervision to a physical therapist assistant. However, pursuant to section 12-41113(2), C.R.S., direct supervision is required if the physical therapist assistant is
administering topical and aerosol medications when they are consistent within the scope
of physical therapy practice and when any such medication is prescribed by a licensed
health care practitioner who is authorized to prescribe such medication. A prescription or
order shall be required for each such administration within a plan of care.
2. General supervision to a certified nurse aide in a home health care setting, as part of a
physical therapist plan of care.
3. Direct supervision to a provisional physical therapist. In addition, the supervising physical
therapist must perform records review and co-signature of notes.
4. Direct supervision to a physical therapy aide.
5. Direct supervision to an athletic trainer providing athletic training within a physical therapist
plan of care.
6. Direct supervision to a massage therapist providing massage therapy within a physical
therapist plan of care.
7. Immediate supervision to a student physical therapist or a student physical therapist assistant.
202. Supervision of Physical Therapist Assistants and Physical Therapy Aides
The purpose of this rule is to specify supervisory provisions required by section 12-41-113(1), C.R.S., for
physical therapist assistants certified in accordance with section 12-41-204, C.R.S., and physical therapy
aides. This rule applies to all physical therapists who utilize physical therapist assistants and/or aides in
their practice. The physical therapist shall establish a patient relationship with the client prior to any
delegation that has been deemed as allowable and appropriate pursuant to Article 41, Title 12, C.R.S.,
and Board rules.
Physical Therapist Assistants
A. For the purposes of these rules, physical therapists may supervise physical therapist assistants
performing physical therapy services as defined in section 12-41-103(6), C.R.S., and pursuant to
Rule 101 and Rule 201 as determined by the physical therapist of record, except for interventions
or services that are otherwise prohibited by law.
1. Physical therapist assistants may perform non-selective wound care, but may not perform
wound debridement.
2. Physical therapist assistants may not perform dry needling.
3. Physical therapist assistants may not perform joint mobilization, unless the supervising
physical therapist has determined that the physical therapist assistant has the necessary
degree of education, training and skill for safe patient care. Entry-level education is
inadequate; additional formal continuing education (psychomotor and didactic) is required
to perform joint mobilization. Thrust, high-velocity techniques are not within the scope of
the physical therapist assistants’ practice.
4. Physical therapist assistants may not perform or assist a physical therapist in providing
physical therapy of animals.
B. The following condition must be met before a physical therapist can utilize a physical therapist
assistant: a physical therapist must be designated and recorded in the patient/client records as
responsible for supervising the care and interventions provided by the physical therapist
assistant. The designated physical therapist must consistently provide for the planning,
evaluating, and supervising of all care rendered to the patient/client.
C. The physical therapist is responsible for the performance of all services performed by the physical
therapist assistant. This responsibility requires the physical therapist to assure services are
performed with a degree of care and skill appropriate to the physical therapist assistant’s
education and training.
D. The physical therapist assumes accountability for the acts delegated to or performed by a physical
therapist assistant. Before delegating performance of physical therapy services to a physical
therapist assistant working under general supervision, as defined in Rule 101(A), the supervising
physical therapist shall ensure that the physical therapist assistant is qualified by education and
training to perform the physical therapy services in a safe, effective, and efficient manner.
E. A physical therapist assistant may not supervise other personnel in the provision of physical therapy
services to a patient.
F. A physical therapist assistant under the general supervision, as defined in Rule 101(A), of a physical
therapist may act as a clinical instructor for a physical therapist assistant student. However,
immediate supervision, as defined in Rule 101(C), of the student physical therapist assistant by
the physical therapist is required if the physical therapist assistant student is providing physical
therapy services.
Physical Therapy Aides
G. All individuals not licensed as a physical therapist, not licensed as a provisional physical therapist, not
certified as a physical therapist assistant, not authorized to practice as a student physical
therapist or physical therapist assistant, and not otherwise regulated as a health care
professional, shall be considered an aide for the purposes of this rule.
H. A physical therapy aide may participate in limited designated tasks, as assigned by a physical
therapist. The supervising physical therapist must participate in patient care on each date of
service when a physical therapy aide is involved in care. Supervision must also occur in
compliance with Rule 101 and Rule 201.
I. As to recordkeeping, a physical therapy aide may participate only in basic data recording in the medical
record.
J. Wound care/debridement, dry needling, administration of medications, joint mobilization, and treatment
on animals shall not be delegated to a physical therapy aide. The supervising physical therapist
shall ensure that the physical therapy aide is qualified by education and training to participate in
limited designated tasks as assigned by the physical therapist.
203. Authorized Practice of Physical Therapy by a Person Not Licensed In Colorado
The purpose of this rule is to clarify the following conditions under which a physical therapist not licensed
in Colorado may practice for a temporary period of time pursuant to section 12-41-114(1)(f), C.R.S., which
allows the practice of physical therapy in Colorado for no more than 4 consecutive weeks or more than
once in any 12-month period by a physical therapist licensed, certified, or registered in another state or
country when providing services in the absence of a physical therapist licensed in Colorado. This
provision is not available for a person applying for a license in Colorado whose application is pending
review and potential approval. Additional requirements for eligibility including the following:
A. The entity wishing to employ or engage the services of a visiting, physical therapist who is not
otherwise licensed in Colorado must notify the Board at least one week prior to the start date and
must document the need for employing or engaging the services of a visiting physical therapist.
B. The visiting physical therapist must possess a current and active license, certification, or registration in
good standing in another state or country and provide a copy of the license, certification, or
registration to the Board at least one week prior to practicing in Colorado.
C. The visiting physical therapist must have been engaged in the active, clinical practice of physical
therapy for 2 of the last 5 years in order to be eligible.
204. Licensure by Examination for Physical Therapists
The purpose of this rule is to delineate the requirements for licensure by examination for physical
therapists pursuant to section 12-41-107, C.R.S.
A. An applicant is required to demonstrate that he/she has successfully completed a physical therapy
program that is either:
1. Accredited by a nationally recognized accrediting agency pursuant to Rule 103; or
2. Substantially equivalent pursuant to Rule 205.
B. If applying to take the National Physical Therapy Examination (NPTE), an applicant:
1. Must have successfully completed a physical therapy program or be eligible to graduate within
90 days of a program pursuant to section A of this rule; and
2. Must meet the Federation of State Boards of Physical Therapy’s (FSBPT) current eligibility
requirements in effect at the time of registering for the NPTE, including any exam retake
or low score limit policies.
C. An applicant for licensure by examination must graduate from a physical therapy program pursuant to
section A of this rule and pass the NPTE within the 2 years immediately preceding the date of the
application.
D. An applicant who is unable to demonstrate current practice competencymeet the requirements under
section C of this rule may request to demonstrate competency by any other means. The Board
shall consider such a request on a case-by-case basis. The decision to approve such a request
shall be at the sole discretion of the Board. In considering whether to approve such a request, the
Board shall consider public safety, the particular circumstances and hardships faced by the
applicant, and such other factors as the Board deems appropriate. If the Board grants a license
under this section D, the Board may subject said license to such lawful conditions as the Board
finds are necessary to protect the public.
205. Licensing of Foreign-Trained Physical Therapist Graduates of Non-Accredited Programs
The purpose of this rule is to establish procedures for determining whether a foreign-trained physical
therapist applicant who has graduated from a non-accredited program has substantially equivalent
education and training as required pursuant to section 12-41-111(1)(a), C.R.S.
A. A foreign-trained applicant who has graduated from a non-accredited program must have education
and training in physical therapy substantially equivalent to the entry-level education and training
required at accredited physical therapy programs in the United States in effect at the time of the
applicant’s graduation. This includes an assessment of the applicant’s general and professional
education, as well as training in wound care and debridement.
B. Applicants who wish to have their general and professional education considered “substantially
equivalent” in order to take the National Physical Therapy Examination (NPTE) through Colorado
and qualify for licensure shall submit their credentials to the Foreign Credentialing Commission of
Physical Therapy (FCCPT). The applicant must submit a credentials evaluation utilizing the
version of the Coursework Evaluation Tool for Foreign-Educated Physical Therapists developed
by the Federation of State Boards of Physical Therapy (FSBPT) that applies to the applicant’s
year of graduation in order to evaluate the applicant’s credentials against the requirements at
accredited physical therapy programs in place at the time of the applicant’s graduation. The
Board will not accept a credentials evaluation from an organization not listed in this rule.
C. A foreign-trained applicant who has graduated from a non-accredited program and already passed the
NPTE may submit a credentials evaluation from a credentialing agency other than FCCPT
provided that:
1. The credentialing agency utilized the version of the Coursework Evaluation Tool for ForeignEducated Physical Therapists developed by FSBPT that applies to the applicant’s year of
graduation in order to evaluate the applicant’s credentials against the requirements at
accredited physical therapy programs in place at the time of the applicant’s graduation;
and
2. The applicant has been licensed in good standing and actively engaged in clinical practice as
a licensed physical therapist in the United States for 2 out of the 5 years immediately
preceding his/her application for licensure.
D. All expenses associated with the credential evaluation are the responsibility of the applicant.
E. Failure to have a credentials evaluation pursuant to the terms of this rule will result in the Board
denying the application.
F. In the event a foreign-trained applicant’s general education is found to be deficient, the applicant may
take and pass subject examinations from the College-Level Examination Program (CLEP) to
overcome the deficiency in general education.
G. In the event a foreign-trained applicant’s professional education is found to be deficient, the applicant
shall either:
1. Successfully complete a Board-approved plan to overcome deficiencies; or
2. Overcome the deficiency by obtaining a master or doctorate degree at an accredited physical
therapy program.
H. Degrees obtained in a transitional program are not equivalent to a professional entry-level physical
therapy degree and will not be accepted for initial licensure.
206. Licensure by Endorsement for Physical Therapists
The purpose of this rule is to delineate the requirements for licensure by endorsement for physical
therapists pursuant to section 12-41-109, C.R.S. In order to be qualified for licensure by endorsement, an
applicant is required to demonstrate that he/she does not currently have a revoked, suspended,
restricted, or conditional license to practice as a physical therapist, or is currently pending disciplinary
action against such license in another state or territory of the United States. An applicant must meet one
of the following requirements:
A. Graduated from an accredited physical therapy program within the past 2 years and passed the
National Physical Therapy Examination (NPTE).
B. Practiced in the United States as a licensed physical therapist for at least 2 of the 5 years immediately
preceding the date of the application.
C. If an applicant has not practiced as a licensed physical therapist for at least 2 of the 5 years
immediately preceding the date of the application, then he/she is required to have passed the
NPTE, or its equivalent, and may demonstrate competency through successful completion of 1 of
the following:
1. Complete 60 points of Professional Development Activities (PDA) pursuant to Rule 213(C)(2)
(a-c) during the 2 years immediately preceding the application.
a. An applicant seeking to demonstrate competency through this pathway shall:
i. Complete the Federation of State Boards of Physical Therapy’s (FSBPT)
online continuing education competence learning and assessment tool
(oPTion) or a comparable objective third-party assessment that
compares a licensee’s knowledge, skills, and abilities to the standards for
entry-level practice accepted by the Board; and
ii. Successfully complete 60 Category I points, directly related to the physical
therapist’s clinical practice and address any areas of deficiencies
identified in the objective third-party assessment.
b. The applicant must submit the results of the objective third-party assessment and the
corresponding 60 Category I points for Board consideration within 1 year of
completing the objective third-party assessment.
2. Successfully complete a Board authorized internship.
a. An applicant seeking to demonstrate competency through an internship shall:
i. Arrange for a Colorado-licensed, practicing physical therapist (the “supervising
physical therapist”) to supervise the internship; and
ii. Ensure that the supervising physical therapist immediately notifies the Board
in writing of the establishment of the internship and submits for the
Board’s approval a plan for supervision using the most current version of
the “Physical Therapist Clinical Performance Instrument” (CPI) or a
comparable objective third-party assessment that compares a licensee’s
knowledge, skills, and abilities to standards for entry-level practice
accepted by the Board.
b. The internship shall not commence without the Board’s written approval of the
supervising physical therapist’s plan for supervision specified in subparagraph (2)
(c) of this rule.
c. The internship shall consist of:
i. The applicant’s actual practice of physical therapy as defined in section 12-41103(6), C.R.S.;
ii. Supervision of the applicant at all times by any Colorado-licensed, practicing
physical therapist on the premises where physical therapy services are
being rendered; and
iii. A minimum of 240 hours clinical practice within a consecutive 6-month period
commencing from the Board’s written approval of the plan for
supervision.
d. The applicant shall ensure that the supervising physical therapist files a written report
at the completion of the internship. This report must indicate whether the
applicant demonstrates entry-level performance in all skills assessed by the CPI
or comparable objective third-party assessment. Hard copy or electronic copies
of the CPI or comparable objective third-party assessment are acceptable.
D. An applicant who is unable to demonstrate competency under sections A, B, or C of this rule may
request to demonstrate competency by any other means. The Board shall consider such a
request on a case-by-case basis. The decision to approve such a request shall be at the sole
discretion of the Board. In considering whether to approve such a request, the Board shall
consider public safety, the particular circumstances and hardships faced by the applicant, and
such other factors as the Board deems appropriate. If the Board grants a license under this
section D, the Board may subject said license to such lawful conditions as the Board finds are
necessary to protect the public.
207. Reinstatement or Reactivation of an Expired or Inactive Physical Therapist License
The purpose of this rule is to establish the qualifications and procedures for applicants seeking
reinstatement of an expired physical therapist license or reactivation of an inactive physical therapist
license pursuant to sections 12-41-112 and 12-41-112.5, C.R.S.
A. An applicant seeking reinstatement or reactivation of a physical therapist license shall complete a
reinstatement or reactivation application and pay a fee as established by the Director.
B. If the license has been expired or inactive for 2 years or less:
1. Effective November 1, 2016, and if:
a. The licensee was practicing in Colorado until his/her license expired or was placed on
inactive status during the renewal period ending October 31, 2016, the applicant
shall demonstrate continuing professional competency pursuant to section 12-41114.6, C.R.S., and Rule 213; or
b. The licensee was practicing outside of Colorado until his/her license expired or was
placed on inactive status during the renewal period ending October 31, 2016, the
applicant may demonstrate continuing professional competency through an
option listed in section C below.
2. Effective November 1, 2018, all applicants must demonstrate continuing professional
competency pursuant to section 12-41-114.6, C.R.S., and Rule 213 for the 2 years
immediately preceding the date the application is received.
C. If the license has been expired or inactive for more than 2 years, an applicant must establish
“competency to practice” pursuant to section 24-34-102(8)(d)(II), C.R.S., by submitting 1 of the
following:
1. Verification of an active, valid physical therapist license in good standing from another state or
jurisdiction, along with proof of clinical physical therapy practice in that state or
jurisdiction which includes a minimum of an average of 400 hours per year for the 2 years
immediately preceding the date of application. The work experience must be attested as
to the number of hours.
2. If an applicant has not practiced as a licensed physical therapist within the last 10 years in
another state or jurisdiction, then:
a. Evidence of completing the Federation of State Boards of Physical Therapy’s (FSBPT)
online continuing competence learning and assessment tool (oPTion) or a
comparable objective third-party assessment that compares a licensee’s
knowledge, skills, and abilities to the standards for entry-level practice accepted
by the Board and an average of 15 points of Professional Development Activities
(PDA) pursuant to Rule 213(C)(2)(a-c) for each year the license has been
expired or inactive (1.25 points for each month).
i. The applicant must submit the results of the objective third-party assessment
and the corresponding PDA points for Board consideration within 1 year
of completing the objective third-party assessment.
ii. All points must be Category I, and directly related to the physical therapist’s
clinical practice and address any areas of deficiencies identified in the
objective third-party assessment.
b. Completion of a 240-hour internship within 6 consecutive months using the most
current version of the “Physical Therapist Clinical Performance Instrument” (CPI)
as the professional standard and measure of continued competency or a
comparable objective third-party assessment that compares a licensee’s
knowledge, skills, and abilities to the standards for entry-level practice accepted
by the Board as required in Rule 206(C)(2). Satisfactory completion of the
internship shall require both 240 hours of internship practice and successful
demonstration of entry-level performance on all skills on the CPI or comparable
objective third-party assessment on electronic or paper form.
c. Practice for 6 months on probationary status with a practice monitor subject to the
terms established by the Board.
3. If an applicant has not practiced as a licensed physical therapist for the last 10 or more years
in another state or jurisdiction, then he or she is required to re-take and pass the National
Physical Therapy Examination (NPTE).
4. An applicant who is unable to demonstrate competency under paragraphs (1), (2), or (3) of this
section may request to demonstrate competency by any other means. The Board shall
consider such a request on a case-by-case basis. The decision to approve such a
request shall be at the sole discretion of the Board. In considering whether to approve
such a request, the Board shall consider public safety, the particular circumstances and
hardships faced by the applicant, and such other factors as the Board deems
appropriate. If the Board grants a license under this paragraph (4), the Board may subject
said license to such lawful conditions as the Board finds are necessary to protect the
public.
D. An applicant for reinstatement or reactivation who has actively practiced in Colorado on an expired or
inactive license in violation of section 12-41-106, C.R.S., is subject to denial of application,
disciplinary action, and/or other penalties as authorized in the Physical Therapy Practice Act at
section 12-41-101, et seq., C.R.S., and in accordance with section 24-34-102, et seq., C.R.S.
208. Use of Titles Restricted
The purpose of this rule is to clarify the use of titles and educational degrees pursuant to section 12-41104, C.R.S.
A. Obtaining a physical therapy license does not automatically entitle or confer upon the licensee the
right to use the title “Dr.” or “Doctor”.
B. A licensed physical therapist can use the title “Doctor” or “Dr.” only when such licensee has, in fact,
been awarded a physical therapy doctorate degree (D.P.T.), or another academic or clinical
doctorate degree (e.g., Ph.D., Sc.D.) from an accredited program by a nationally recognized
accrediting agency as required pursuant to section 6-1-707, C.R.S., pertaining to the use of titles
and degrees.
C. A physical therapist holding a doctorate degree may include the title “Doctor” or “Dr.” only when
accompanied by the words of the conferred degree following his/her legal name and after the title
“P.T.”, for example: “Dr. Jane/John Doe, P.T., D.P.T.” or “Dr. Jane/John Doe, P.T., Ph.D.”
D. A physical therapist not holding a physical therapy doctorate or transitional doctorate degree may not
use the title D.P.T.
210. Requirements for Physical Therapists to Perform Physical Therapy of Animals
The purpose of this rule is to implement the requirements of sections 12-41-103.6(2)(b)(II) and 12-41113(4), C.R.S., regarding the authority of physical therapists to treat animals.
A. A physical therapist must have the knowledge, skill, ability, and documented competency to perform
an act that is within the scope of practice for physical therapists.
B. The Division of Professions and Occupations shall maintain a data base of all physical therapists that
are qualified pursuant to this rule to practice physical therapy of animals in this state.
C. All physical therapists that choose to practice physical therapy of animals shall provide the Board with
such therapist’s name, current address, education, and qualifications to perform physical therapy
of animals for inclusion in the data base referenced in section B of this rule. Information in the
data base shall be open to public inspection at all times. Forms for physical therapists to provide
such information shall be provided by the Board.
D. A physical therapist that desires to perform physical therapy of animals must comply with the following
educational requirements:
1. Minimum of 80 contact hours over and above entry-level human physical therapy program
course work for non-human animals, to include:
a. FOUNDATION/CLINICAL SCIENCES
i. Gross and applied non-human animal anatomy/physiology;
ii. Wound healing and response of tissues to disuse and remobilization in the
non-human animal;
iii. Animal behavior;
iv. Animal restraint; and
v. Zoonotic and infectious diseases.
b. EXAMINATION/EVALUATION/PROGNOSIS/PT DIAGNOSIS
i. Medical and surgical management of orthopedic, neurological, critically injured,
geriatric, arthritic, and obese non-human animals; and
ii. Gait and other movement analyses.
c. INTERVENTION/PLAN OF CARE/OUTCOME
i. Therapeutic exercise applied to non-human animals;
ii. Therapeutic modalities; and
iii. Outcome assessment and documentation.
d. CLINICAL EXPERIENCE
i. Documented successful completion of a minimum of 120 hours under the
supervision of a licensed physical therapist listed in the data base
maintained by the Division of Professions and Occupations to perform
physical therapy of animals or a licensed veterinarian.
E. Prior to performing physical therapy of an animal, the physical therapist shall obtain veterinary medical
clearance of the animal by a Colorado-licensed veterinarian and must document such clearance
in the animal patient’s record.
F. Veterinary medical clearance means:
1. The veterinarian has previously examined the animal patient and has provided a differential
diagnosis, if appropriate; and
2. The veterinarian has cleared the animal for physical therapy.
G. It is expected that the physical therapist and the veterinarian will continue professional collaboration
as necessary for the well-being of the animal patient.
H. Once veterinary medical clearance has been received; the physical therapist is responsible for
developing the plan of care for the animal patient’s physical therapy.
I. The animal patient’s record must include the verbal or written veterinary medical clearance. If verbal
clearance is received, the physical therapist must document the verbal clearance in the animal
patient’s record, including the name of the veterinarian, date, and time clearance was received.
J. Complaints against physical therapists alleging a violation related to animal physical therapy will be
forwarded to the State Board of Veterinary Medicine for its review and advisory recommendation
to the State Physical Therapy Board. The State Physical Therapy Board retains the final authority
by statute for decisions related to discipline of any physical therapist.
211. Requirements for Physical Therapists to Perform Dry Needling
A. Dry needling (also known as Trigger Point Dry Needling) is a physical intervention that uses a filiform
needle to stimulate trigger points, diagnose and treat neuromuscular pain and functional
movement deficits; is based upon Western medical concepts; requires an examination and
diagnosis, and treats specific anatomic entities selected according to physical signs. Dry
needling does not include the stimulation of auricular or distal points.
B. Dry needling as defined pursuant to this rule is within the scope of practice of physical therapy.
C. A
Physical Therapist must have the knowledge, skill, ability, and documented competency to
perform an act that is within the Physical Therapist’s scope of practice. Except as part of a
course of study on dry needling pursuant to paragraph D.2 of this Rule, a Physical Therapist shall
not perform dry needling unless competent to do so.
D. To be deemed competent to perform dry needling, a Physical Therapist must:
1. have practiced for at least two years as a licensed Physical Therapist; and
2. have successfully completed a dry needling course of study that consists of a minimum of 46
hours of in-person (i.e. not online) dry needling training.
E. A provider of a dry needling course of study must meet the educational and clinical prerequisites as
defined in this rule, paragraph D above and demonstrate a minimum of two years of dry needling
practice techniques. The provider is not required to be a Physical Therapist.
F. Physical Therapists performing dry needling in their practice must have written informed consent for
each patient where this technique is used. The patient must sign and receive a copy of the
informed consent form. The consent form must, at a minimum, clearly state the following
information:
1. Risks and benefits of dry needling; and
2. Physical Therapist’s level of education and training in dry needling; and
3. The Physical Therapist will not stimulate any distal or auricular points during dry needling.
G. When dry needling is performed, it must be clearly documented in the procedure notes and must
indicate how the patient tolerated the technique, as well as the outcome after the procedure.
H. Dry needling shall not be delegated and must be directly performed by a qualified, licensed Physical
Therapist.
I. Dry needling must be performed in a manner consistent with generally accepted standards of practice,
including clean needle techniques, and the guidelines and recommendations of the Centers for
Disease Control and Prevention (“CDC” ).
J. The Physical Therapist shall supply written documentation, upon request by the Board, which
substantiates appropriate training as required by this Rule. Failure to provide written
documentation, upon request, is a violation of this Rule, and is prima facie evidence that the
Physical Therapist is not competent and not permitted to perform dry needling
212. Inactive License Status for Physical Therapists
The purpose of this rule is to outline the conditions and procedures governing inactive licensure status
pursuant to section 12-41-112.5, C.R.S.
A. A physical therapist with an inactive license must not engage in any act or conduct that constitutes the
practice of physical therapy while the physical therapist’s license is inactive.
B. A physical therapist with an inactive license is exempt from the professional liability insurance
requirements of section 12-41-114.5, C.R.S.
C. A physical therapist with an inactive license is exempt from the continuing professional competency
requirements of section 12-41-114.6, C.R.S., and Rule 213.
D. A physical therapist may apply for reactivation of an inactive license by successfully meeting the
requirements of Rule 207.
213. Continuing Professional Competency Requirements for Licensure Renewal
The purpose of this rule is to establish a continuing professional competency program pursuant to section
12-41-114.6, C.R.S., wherein a physical therapist shall maintain and demonstrate continuing professional
competency in order to renew, reinstate, or reactivate a license to practice physical therapy in the state of
Colorado.
Furthermore, pursuant to section 12-41-114.6(2), C.R.S., records of assessment or other documentation
developed or submitted in connection with the continuing professional competency program are
confidential and not subject to inspection by the public or discovery in connection with a civil action
against a physical therapist. A person or the Board shall not use the records or documents unless used
by the Board to determine whether a physical therapist is maintaining continuing professional competency
to engage in the profession.
A.
Definitions
1. Assessment of Knowledge and Skills (AKS): an objective third-party assessment that
compares a licensee’s knowledge, skills, and abilities to the standards for entry-level
practice.
2. Continuing Professional Competency: the ongoing ability of a physical therapist to
learn, integrate, and apply the knowledge, skills, and judgment to practice as a physical
therapist according to generally accepted standards and professional ethical standards.
3. Continuing Professional Development (CPD): the Board program through which a
licensee can satisfy the continuing professional competency requirements in order to
renew, reinstate, or reactivate a license.
4.Deemed Status: A method to satisfy continuing professional competency requirements.
A licensee who satisfies the continuing professional competency requirements of a
Colorado state agency or department, an accrediting body recognized by the Board, or
an entity approved by the Board pursuant to section 12-41-114.6(1)(c), C.R.S., may
qualify under this method in lieu of completing the Board’s CPD program.
5. Learning Plan: a Board approved form through which a licensee documents his/her
goals and plans of learning that were developed from his/her Reflective Self-Assessment
(RSAT), which is defined below, and AKS (when appropriately applied).
6.Military Exemption: A method to satisfy continuing professional competency
requirements. A licensee who has been approved for this exemption will not be required
to meet continuing professional competency requirements during the renewal period in
which he/she was approved by the Division of Professions and Occupations.
7. Professional Development Activities (PDA): learning activities undertaken to increase
the licensee’s knowledge and skill or hone existing knowledge and skill for the purpose of
continuing professional development.
8. Reflective Self-Assessment Tool (RSAT): a reflective practice tool in which a licensee
can reflect upon his/her knowledge and skills pertaining to the foundational areas of
physical therapy practice taking into account the licensee’s current level and area of
practice.
B.
Continuing Professional Competency Requirements
1.
2.
C.
Effective after the 2014 license renewal, or upon the completion of the first renewal of a
license thereafter, the licensee shall demonstrate continuing professional competency in
order to renew a license by:
a.
Participation in the Continuing Professional Development (CPD) program;
b.
Participation in a program of continuing professional competency through a
Colorado state agency or department, including continuing competency
requirements imposed through a contractual arrangement with a provider as set
forth in section 12-41-114.6(1)(c), C.R.S. This status is defined as “Deemed
Status” in section A(4) of this rule and further described in section D of this rule;
or
c.
Receiving an exemption for military service as defined in section 12-70-102,
C.R.S. Military exemptions must be approved by the Division of Professions and
Occupations. Licensees seeking a military exemption shall submit a request in
writing with evidence that the licensee’s military service meets the criteria
established in section 12-70-102, C.R.S., and section E of this rule.
A licensee shall attest at the time of the renewal of a license to his/her compliance with
continuing professional competency requirements.
Continuing Professional Development Program
1. The Continuing Professional Development (CPD) program entails the following:
a. The licensee shall complete the Reflective Self-Assessment Tool (RSAT) once per 2year renewal period. A licensee shall use the Board approved form.
i. The execution of a Learning Plan once per 2-year renewal period that is based
upon the licensee’s Reflective Self-Assessment Tool (RSAT) or
Assessment of Knowledge and Skills (AKS). A licensee shall use the
Board approved form.
ii. Accrual of 30 points of Professional Development Activities (PDA) per 2-year
renewal period.
2. Professional Development Activities (PDA)
a. Professional Development Activities must be relevant to the licensee’s practice as a
physical therapist and pertinent to his/her Learning Plan. The Board will not preapprove specific courses or providers. The licensee shall determine which
activities and topics will meet his/her Learning Plan, and select an appropriate
provider.
b. Professional Development Activities are separated into Category I, Category II, and
Category III activities and each category has a corresponding point value. Points
are used in lieu of continuing education units (CEU) or contact hours to allow
credit for non-continuing education type activities.
c. Points will be accepted if the activity is included in the Board’s Professional
Development Activities List. The Board may accept or reject activities submitted
for consideration that are not identified on its list.
d. A minimum of 15 of the required 30 points must be Category I activities.
e. Professional Development Activities will only apply for one 2-year renewal period.
3. The completion of an Assessment of Knowledge and Skills (AKS) will not be accepted more
than once every 10 years.
a. An AKS must meet the following criteria:
i. Be drafted and validated by qualified physical therapists and psychometricians;
ii. Be comprised of evidence based practice;
iii. Be maintained for relevancy and advancements in and affecting the
profession; and
iv. Provide feedback to the participant/licensee regarding his/her performance
and suggested learning opportunities to enhance his/her knowledge and
skills.
b. Administrative Approval. The Board finds the following AKSs to have met the criteria
established in section C(3)(a) of this rule, and are administratively approved by
the Board:
i. The online continuing competence learning and assessment tool (oPTion)
administered by the Federation of State Boards of Physical Therapy
(FSBPT).
ii. If the AKS is not listed as administratively approved by the Board in this rule,
then additional documentation demonstrating the AKS satisfies the Board
criteria will be required prior to registering and completing the AKS.
c. The licensee may count the completion of an AKS as a Category I activity toward a
mandatory 30 PDA points for the corresponding 2-year renewal period in
compliance with the State Physical Therapy Board’s Professional Development
Activities List for assigned point values.
4. Audit of Compliance. The following documentation is required for an audit of compliance of a
licensee’s Continuing Professional Development:
a. The Learning Plan that is signed and executed which contains the licensee’s goals in
the form and manner as approved by the Board.
b. A certificate of completion or other report issued by the AKS provider indicating the
name of the licensee, AKS title, content, and the licensee’s date of completion.
c. Documentation of 30 points of Professional Development Activities in compliance with
the State Physical Therapy Board’s Professional Development Activities List for
documentation requirements for PDAs.
d. The Board may accept or reject Professional Development Activities (PDA) that do not
meet the criteria established by the Board for PDA or standards of quality as
defined in the State Physical Therapy Board’s Professional Development
Activities List, Standards of Quality for Category I Continuing Education
Activities, and this rule.
D.
Deemed Status. The following criteria must be met in order to claim this status:
1. In order to renew a license, a licensee shall attest to his/her Deemed Status.
2. To qualify, the licensee must be in full compliance with the requirements of his/her state
agency or department during the entire 2-year renewal period of his/her physical therapist
license and on track to successfully complete that program or have successfully
completed it.
3. Licensees claiming Deemed Status are subject to an audit of compliance. To satisfy an audit
of compliance, the licensee shall submit appropriate evidence of participation in a
qualifying program through submission of:
a. Proof from the Colorado state agency or department or contractual entity verifying that
the licensee is in compliance with its continuing professional competency
program; and
b. A letter from his/her employer certifying dates of employment for the entire 2-year
license renewal period, without any break; or
c. Other documentation approved by the Board which reflects the licensee’s compliance
with a program of continuing professional competency.
E.
Military Exemption. Pursuant to section 12-70-102, C.R.S., licensees who have been called to
federally funded active duty for more than 120 days for the purpose of serving in a war,
emergency, or contingency may request an exemption from the continuing professional
competency requirements for the renewal, reinstatement, or reactivation of his/her license for the
2-year renewal period that falls within the period of service or within six months following the
completion of service.
1. Military exemptions must be approved by the Division of Professions and Occupations.
Licensees seeking a military exemption shall submit a request in writing with evidence
that the licensee’s military service meets the criteria established in section 12-70-102,
C.R.S.
2. After being granted a military exemption, in order to complete the renewal process, a licensee
shall attest to his/her military exemption.
F.
Records Retention. A licensee shall retain documentation demonstrating his/her compliance for 2
complete 2-year renewal periods.
G.
Non-Compliance. Falsifying an attestation or other documentation regarding the licensee’s
compliance with continuing professional competency requirements constitutes the falsification of
information in an application and may be grounds for discipline pursuant to sections 12-41-115(1)
(k) and (r), C.R.S.
H.
Reinstatement and Reactivation. A licensee seeking to reinstate or reactivate a license which
has been expired or inactivated for 2 years or less shall meet the competency requirements
outlined in Rule 207(B).
215. Provisional Physical Therapist License
The purpose of this rule is to establish the qualifications and procedures for applicants seeking a
provisional license to practice as a physical therapist pursuant to section 12-41-107.5, C.R.S. Refer to
Rule 201 for applicable supervision requirements.
A. A provisional license may be issued only one time and cannot be renewed or reinstated.
B. An applicant is not eligible to be issued a provisional physical therapist license if he/she has failed or
passed the National Physical Therapy Examination (NPTE).
C. Pursuant to section 12-41-107.5, C.R.S., a provisional physical therapist license expires no later than
120 days after it is issued. If the individual passes the NPTE after the license was issued, then
the license will expire no later than the 120 days after the date it was issued, or a regular license
to practice as a physical therapist is issued to the licensee. However, if the individual issued a
provisional license fails the NPTE after the license was issued, then the license expires within 3
business days of his/her failing results being sent to the candidate.
D. A provisional physical therapist shall purchase and maintain professional liability insurance, or be
insured under a supervising physical therapist, for the amounts specified in section 12-41114.5(1), C.R.S., unless the provisional physical therapist is exempted pursuant to section 12-41114.5(3), C.R.S.
PHYSICAL THERAPIST ASSISTANT RULES
301. Supervision Required for Physical Therapist Assistant Practice
The purpose of this rule is to clarify supervision parameters pursuant to section 12-41-203(2), C.R.S.
Physical therapist assistants (“P.T.A.”) shall not provide physical therapy services unless the physical
therapist assistant works under the general supervision, as defined in Rule 101(A), of a licensed physical
therapist.
302. Supervision of Others by Physical Therapist Assistants Prohibited
The purpose of this rule is to clarify supervisory parameters pursuant to section 12-41-103.6(2)(b), C.R.S.
A. A physical therapist assistant may not supervise other personnel in the provision of physical therapy
services to a patient.
B. A physical therapist assistant under the general supervision, as defined in Rule 101(A), of a physical
therapist may act as a clinical instructor for a physical therapist assistant student. However,
immediate supervision, as defined in Rule 101(C), of the student physical therapist assistant
remains with the physical therapist if the physical therapist assistant student is providing physical
therapy services.
303. Certification by Examination for Physical Therapist Assistants
The purpose of this rule is to delineate the requirements for certification by examination for physical
therapist assistants pursuant to section 12-41-205, C.R.S.
A. An applicant is required to demonstrate that he/she has successfully completed a physical therapy
program pursuant to Rule 204 or a physical therapist assistant program that is either:
1. Accredited by a nationally recognized accrediting agency pursuant to Rule 103; or
2. Substantially equivalent pursuant to Rule 304.
B. If applying to take the National Physical Therapy Examination (NPTE), an applicant:
1. Must have successfully completed a physical therapy or physical therapist assistant program,
or be eligible to graduate within 90 days of a program pursuant to section A of this rule;
and
2. Must meet the Federation of State Boards of Physical Therapy’s (FSBPT) current eligibility
requirements in effect at the time of registering for the NPTE, including any exam retake
or low score limit policies.
C. An applicant for certification by examination must graduate from a physical therapy or physical
therapist assistant program pursuant to section A of this rule and pass the NPTE within the 2
years immediately preceding the date of the application.
D. An applicant who is unable to demonstrate current practice competencymeet the requirements under
section C of this rule may request to demonstrate competency by any other means. The Board
shall consider such a request on a case-by-case basis. The decision to approve such a request
shall be at the sole discretion of the Board. In considering whether to approve such a request, the
Board shall consider public safety, the particular circumstances and hardships faced by the
applicant, and such other factors as the Board deems appropriate. If the Board grants a
certification under this section D, the Board may subject said certification to such lawful
conditions as the Board finds are necessary to protect the public.
304. Certification of Foreign-Trained Physical Therapist Assistant Graduates of Non-Accredited
Programs
The purpose of this rule is to establish procedures for determining whether a foreign-trained physical
therapist assistant applicant who has graduated from a non-accredited program has substantially
equivalent education and training as required pursuant to section 12-41-207(1)(a), C.R.S.
A. A foreign-trained applicant who has graduated from a non-accredited program must have education
and training as a physical therapist assistant substantially equivalent to the entry-level education
and training required at accredited physical therapist assistant programs in the United States in
effect at the time of the applicant’s graduation. This includes but is not limited to an assessment
of the applicant’s foundational studies and applied and technical education, as well as training in
non-selective wound care.
B. Applicants who wish to have their foundational studies, and applied/technical education considered
“substantially equivalent” in order to take the National Physical Therapy Examination (NPTE)
through Colorado and qualify for certification shall submit their credentials to the Foreign
Credentialing Commission of Physical Therapy (FCCPT). The applicant must submit a credentials
evaluation utilizing the version of the Coursework Tool for Foreign Educated Physical Therapist
Assistants developed by the Federation of State Boards of Physical Therapy (FSBPT) that
applies to the applicant’s year of graduation in order to evaluate the applicant’s credentials
against the requirements at accredited physical therapist assistant programs in place at the time
of the applicant’s graduation. The Board will not accept a credentials evaluation from an
organization not listed in this rule.
C. A foreign-trained applicant who has graduated from a non-accredited program and already passed the
NPTE may submit a credentials evaluation from a credentialing agency other than FCCPT
provided that:
1. The credentialing agency utilized the version of the Coursework Evaluation Tool for ForeignEducated Physical Therapists developed by FSBPT that applies to the applicant’s year of
graduation in order to evaluate the applicant’s credentials against the requirements at
accredited physical therapist assistant programs in place at the time of the applicant’s
graduation; and
2. The applicant has been licensed, certified, or registered in good standing and actively
engaged in clinical practice as a physical therapist assistant in the United States for 2 out
of the 5 years immediately preceding his or her application for certification.
D. All expenses associated with the credentials evaluation are the responsibility of the applicant.
E. Failure to have a credentials evaluation pursuant to the terms of this rule will result in the Board
denying the application.
F. In the event a foreign-trained applicant’s foundational studies are found to be deficient, the applicant
may take and pass subject examinations from the College-Level Examination Program (CLEP) to
overcome the deficiency in general education.
G. In the event a foreign-trained applicant’s applied and technical education is found to be deficient, the
applicant shall either:
1. Successfully complete a Board-approved plan to overcome deficiencies; or
2. Overcome the deficiency by obtaining an associate degree from an accredited physical
therapist assistant program.
305. Certification by Endorsement for Physical Therapist Assistants
The purpose of this rule is to delineate the requirements for certification by endorsement pursuant to
section 12-41-206, C.R.S. In order to be qualified for certification by endorsement, an applicant is
required to demonstrate that he/she does not currently have a revoked, suspended, restricted, or
conditional license, certification, or registration to practice as a physical therapist assistant, or is currently
pending disciplinary action against such license, certification, or registration in another state or territory of
the United States. An applicant must meet one of the following requirements:
A. Graduated from an accredited physical therapy or physical therapist assistant program within the past
2 years and passed the National Physical Therapy Examination (NPTE).
B. Practiced in the United States as a licensed, certified, or registered physical therapist assistant for at
least 2 of the 5 years immediately preceding the date of the application.
C. If an applicant has not practiced as a licensed, certified, or registered physical therapist assistant for at
least 2 of the 5 years immediately preceding the date of the application, then he/she is required to
have passed the NPTE, or its equivalent, and may demonstrate competency through successful
completion of 1 of the following:
1. Completion of 60 hours of continuing education related to the practice of physical therapy
during the 2 years immediately preceding the application.
a. An applicant seeking to demonstrate competency through this pathway shall:
i. Complete an objective third-party assessment that compares a certificate
holder’s knowledge, skills, and abilities to the standards for entry-level
practice accepted by the Board; and
ii. Successfully complete all hours as Category I in compliance with the “Physical
Therapy Board Standards for Continuing Education Activities”, directly
related to the physical therapist assistant’s clinical practice and address
any areas of deficiencies identified in the objective third-party
assessment.
b. The applicant must submit the results of the objective third-party assessment and the
corresponding 60 Category I continuing education hours for Board consideration
within 1 year of completing the objective third-party assessment.
2. Successful completion of a Board authorized internship.
a. An applicant seeking to demonstrate competency through an internship shall:
i. Arrange for a Colorado-licensed, practicing physical therapist (the “supervising
physical therapist”) to supervise the internship; and
ii. Ensure that the supervising physical therapist immediately notifies the Board
in writing of the establishment of the internship and submits for the
Board’s approval a plan for supervision using the most current version of
the “Physical Therapist Assistant Clinical Performance Instrument” (CPI)
or a comparable objective third-party assessment that compares a
certificate holder’s knowledge, skills, and abilities to the standards for
entry-level practice accepted by the Board.
b. The internship shall not commence without the Board’s written approval of the
supervising physical therapist’s plan for supervision specified in subparagraph (2)
(c) of this rule.
c. The internship shall consist of:
i. The applicant’s actual practice of physical therapy as defined in section 12-41103(6), C.R.S.;
ii. Direct supervision, as defined in Rule 101(B), of the applicant at all times by
the Board approved Colorado-licensed, practicing physical therapist; and
iii. A minimum of 240 hours clinical practice within a consecutive 6-month period
commencing from the Board’s written approval of the plan for
supervision.
d. The applicant shall ensure that the supervising physical therapist files a written report
at the completion of the internship. This report must indicate whether the
applicant demonstrates entry-level performance in all skills assessed by the CPI
or comparable objective third-party assessment. Hard copy or electronic copies
of the CPI or comparable objective third-party assessment are acceptable.
D. An applicant who is unable to demonstrate competency under sections A, B, or C of this rule may
request to demonstrate competency by any other means. The Board shall consider such a
request on a case-by-case basis. The decision to approve such a request shall be at the sole
discretion of the Board. In considering whether to approve such a request, the Board shall
consider public safety, the particular circumstances and hardships faced by the applicant, and
such other factors as the Board deems appropriate. If the Board grants a certification under this
section D, the Board may subject said certification to such lawful conditions as the Board finds
are necessary to protect the public.
306. Reinstatement of an Expired Certification for Physical Therapist Assistants
The purpose of this rule is to establish the qualifications and procedures for applicants seeking
reinstatement of an expired physical therapist assistant certification pursuant to section 12-41-208, C.R.S.
A. An applicant seeking reinstatement of an expired physical therapist assistant certification shall
complete a reinstatement application and pay a reinstatement fee as established by the Director.
B. If the certification has been expired for more than 2 years, an applicant must establish “competency to
practice” pursuant to 24-34-102(8)(d)(II)(A) & (D), C.R.S., by submitting 1 of the following:
1. Verification of an active, valid physical therapist assistant license, certification, or registration
in good standing from another state or jurisdiction, along with proof of clinical physical
therapy practice in that state or jurisdiction which includes a minimum of an average of
400 hours per year for the 2 years immediately preceding the date of application. The
work experience must be attested as to the number of hours.
2. If an applicant has not practiced as a licensed, certified, or registered physical therapist
assistant within the last 10 years in another state or jurisdiction, then:
a. Evidence of completing an objective third-party assessment that compares a
certificate holder’s knowledge, skills, and abilities to the standards for entry-level
practice accepted by the Board and an average of 30 hours per year in physical
therapy continuing education courses since the date the certification expired.
i. The applicant must submit the results of the objective third-party assessment
and the corresponding continuing education hours for Board
consideration within 1 year of completing the objective third-party
assessment.
ii. All continuing education hours must be Category I in compliance with the
“Physical Therapy Board Standards for Continuing Education Activities”,
and directly related to the physical therapist assistant’s clinical practice
and address any areas of deficiencies identified in the objective thirdparty assessment.
iii. The Board may accept 2.5 hours for each month the certification is expired.
b. Completion of a 240-hour internship within 6 consecutive months using the most
current version of the “Physical Therapist Assistant Clinical Performance
Instrument” (CPI) as the professional standard and measure of continued
competency or a comparable objective third-party assessment that compares a
certificate holder’s knowledge, skills, and abilities to the standards for entry-level
practice accepted by the Board as required in Rule 305(C)(2). Satisfactory
completion of the internship shall require both 240 hours of internship practice
and successful demonstration of entry-level performance on all skills on the CPI
or comparable objective third-party assessment on electronic or paper form.
c. Practice for six months on probationary status with a practice monitor subject to the
terms established by the Board.
3. If an applicant has not practiced as a licensed, certified, or registered physical therapist for the
last 10 or more years in another state or jurisdiction, then he/she is required to re-take
and pass the National Physical Therapy Examination (NPTE).
4. An applicant who is unable to demonstrate competency under paragraphs (1), (2), or (3) of this
section may request to demonstrate competency by any other means. The Board shall
consider such a request on a case-by-case basis. The decision to approve such a
request shall be at the sole discretion of the Board. In considering whether to approve
such a request, the Board shall consider public safety, the particular circumstances and
hardships faced by the applicant, and such other factors as the Board deems
appropriate. If the Board grants a certification under this paragraph (4), the Board may
subject said certification to such lawful conditions as the Board finds are necessary to
protect the public.
C. An applicant for reinstatement who has actively practiced in Colorado on an expired certification in
violation of section 12-41-204, C.R.S., is subject to denial of application, disciplinary action,
and/or other penalties as authorized in the Physical Therapy Practice Act at section 12-41-201 et
seq., C.R.S., and in accordance with section 24-34-102 et seq., C.R.S.
_______________________________________________________________________________
Editor’s Notes
History
Rules 7, 10, 11 eff. 11/30/2007.
Rule 6 eff. 03/30/2011.
Rules 1 - 11 emer. rule repealed eff. 03/09/2012.
Rules 1 - 11 emer. rule eff. 03/09/2012.
Rules 1 - 11, 303, 304 emer. rule eff. 04/02/2012.
Rules 301, 302, 305, 306 emer. rule eff. 06/01/2012.
Rules 1 - 11 repealed eff. 06/30/2012.
Rules 201 - 211, 301 - 305 eff. 06/30/2012.
Rules 101 – 102, 212, 214 eff. 01/30/2013.
Rules 207 and 213, eff. 11/01/2014.
Rule 215 emer. rule eff. 06/02/2014.
Rules 202, 203, 205, 215, 303 eff. 09/14/2014.
Rules 207 and 213, eff. 11/01/2014.
Rules 102, 103, 201, 202, 203, 204, 205, 206, 208, 212, 302, 303, 304, 305, and 306 eff. 05/15/2015.
Rules 101, 102, 103, 104, 105, 106, 107, 201, 202, 204, 205, 206, 207, 209 (repealed), 210, 212, 213,
214 (repealed), 215, 301, 302, 303, 304, 305, and 306 eff. 11/14/2016.
Rules 106, 107, 201, 204, 213, 303, and 305 eff. 03/02/2017.
Healthcare Branch
State Physical Therapy Board
Permanent Rulemaking Hearing on January 13, 2017
Proposed Changes with Statement of Basis, Purpose, and Authority
Basis and Purpose: Revise Board Rules 106, 107, 201, 204, 213, 303, and 305 to ensure consistency with statute. Statement of Authority: Pursuant to section 12­41­103.6(2)(b), C.R.S., the State Physical Therapy Board has the power and duty “[t]o adopt all reasonable and necessary rules for the administration and enforcement of” Article 41 of Title 12. Pursuant to section 12­41­113(1), C.R.S., “[t]he board shall promulgate rules governing the required supervision.”
Pursuant to section 12­41­114.6(1)(b), C.R.S., “[t]he board shall adopt rules establishing a continuing professional competency program…”. Pursuant to section 12­41­201(3), C.R.S., “[t]he board may promulgate rules necessary to implement, administer, and enforce…”. Notice of Proposed Rulemaking
Tracking number
2016-00625
Department
1501 - Office of the Governor
Agency
1501 - Governor's Office of Information Technology
CCR number
8 CCR 1501-9
Rule title
Colorado Rules Regarding Electronic Transactions by Colorado Governmental Agencies
Rulemaking Hearing
Date
01/16/2017
Time
10:00 AM
Location
601 East 18th Avenue, Confluence Conference Room
Subjects and issues involved
Creation of new rule for OIT regarding electronic transactions.
Statutory authority
CRS 24-37.5-101 et seq.
CRS 24-71-101 et seq.
CRS 24-71.3-101 et seq.
Contact information
Name
Thirza A. Kennedy
Telephone
303-764-7926
Title
Director, Procurement & Vendor Services
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
CCR Home
Department: 8, 1501 Governor’s Office of Information Technology
Agency:
8 CCR 1501-9 COLORADO RULES REGARDING ELECTRONIC TRANSACTIONS BY
CCR Title:
COLORADO GOVERNMENTAL AGENCIES
PURPOSE
The purpose of these rules is to promote the development and use of electronic transactions by Colorado
governmental agencies in accordance with CRS 24-71.3-101 et seq. These rules identify the covered Colorado
governmental agencies, define key terms, and require Colorado governmental agencies follow the policies
established by the Governor’s Office of Information Technology (“OIT”) that: (i) require electronic transactions
to be created by an authorized technology in order to be presumed valid; (ii) set forth criteria for determining if a
technology is authorized; (iii) identify presently authorized technologies; (iv) provide a mechanism for
authorizing new technologies; and (v) establish, approve, monitor and modify security requirements associated
with electronic transactions.
STATUTORY AUTHORITY
CRS 24-37.5-101 et seq.
CRS 24-71-101 et seq.
CRS 24-71.3-101 et seq.
R1 Scope of Rules
These Rules apply to any Colorado governmental agency transaction subject to CRS 24-71-101 and 24-71.3101 et seq.
R2 Definitions
The definitions set forth in this Rule supplement the definitions set forth in CRS 24-71.3-102.
A. “Electronic Transaction” means an electronic action or set of actions occurring between two or more
persons relating to the conduct of business, commercial, charitable, or governmental affairs.
B. “Policy Authority” means the entity that establishes standards, policies, and procedures governing
electronic transactions subject to this Rule. The Governor’s Office of Information Technology, as
established by CRS 24-37.5-101 et seq., will serve as the Policy Authority.
C. “State Agency” means the departments, divisions, commissions, boards, bureaus, and institutions defined
in CRS 24-37.5-103(4).
R3 Authorized Technologies for Electronic Transactions
The Policy Authority will authorize technologies for use by Colorado governmental agencies in electronic
transactions. Electronic transactions with Colorado governmental agencies must employ a technology
authorized by the Policy Authority.
R4 Identification of Authorized Technologies
A. The Policy Authority will review and authorize the use of technologies for electronic transactions by
Colorado governmental agencies.
B. Procedure for Authorizing Technologies
1. Any person may petition the Policy Authority to review a technology for use in electronic transactions
by providing a written request for review.
2. The petition must include a full explanation of the technology and show that it meets the security
requirements and any additional applicable requirements established by the Policy Authority.
3. The Policy Authority has one hundred twenty (120) days from the date of receipt of the petition to
review and to accept or reject the petition.
4. If the Policy Authority finds that the petitioner’s proposed technology meets the security requirements
and any additional applicable requirements, the Policy Authority will authorize use of the technology by
Colorado governmental agencies.
5.
If the proposed technology is rejected, the petitioner may appeal the decision through the
Administrative Procedure Act, CRS 24-4-101 et seq.
R5 Security
Colorado governmental agencies seeking to use electronic transactions must adhere to the standards, policies,
and procedures established by the Policy Authority concerning the security of electronic transaction technology.
R6 Presumption of Validity and Burden of Proof
If an electronic transaction is entered into by a Colorado governmental agency that conforms to the standards,
policies, and procedures established by the Policy Authority, the electronic transaction will be presumed valid.
It will be the burden of the party contesting the validity of the electronic transaction to overcome this
presumption.
R7 Suspension of Electronic Transactions
In the event a State Agency fails to adhere to this Rule or the standards, policies, and procedures established
by the Policy Authority, the Policy Authority may discontinue or suspend that State Agency’s use of electronic
transactions until compliance with this Rule is established.
Notice of Proposed Rulemaking
Tracking number
2016-00604
Department
1502 - Public Employees' Retirement Board
Agency
1502 - Public Employees' Retirement Association
CCR number
8 CCR 1502-1
Rule title
Colorado PERA Rules
Rulemaking Hearing
Date
Time
01/20/2017
01:00 PM
Location
Colorado PERA Office - 1301 Pennsylvania Street, Denver CO 80203
Subjects and issues involved
Amendment to the Colorado PERA Rules
Statutory authority
C.R.S. 24-51-204(5)
Contact information
Name
Kevin Gallaway
Telephone
303-837-6288
Title
Staff Attorney
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
PUBLIC EMPLOYEES’ RETIREMENT BOARD
Public Employees’ Retirement Association
COLORADO PERA RULES
8 CCR 1502-1
_________________________________________________________________________
Authority
The statutory authority for rulemaking by the Public Employees’ Retirement Association is
section 24-51-204(5), Colorado Revised Statutes, as amended.
Scope and Purpose
The purpose of this rulemaking is to amend Rule 2.90 to reflect the Board-approved change to
the actuarial assumptions set forth in the Rule. The Board is required pursuant to C.R.S. §§ 2451-101(2) and 24-51-204(5) to specify the factors to be used in actuarial determinations.
2.90 Actuarial Assumptions
A. Funding Method
The funding method used by the Association shall be the entry age actuarial cost method.
B. Asset Valuation Method
The asset valuation method used by the Association shall be a “smoothed” market value of
assets. The difference between actual market value actuarial gains from investment
experience and the expected actuarial gains from investment experience is recognized
over a four-year period.
C. Actuarial Investment Assumption Rate
The actuarial investment assumption rate is 7.507.25 percent per year compounded
annually, which is net after investment expenses.
Notice of Proposed Rulemaking
Tracking number
2016-00612
Department
1506 - Board of Equalization
Agency
1506 - General Rules of Procedure and Abstract of Assessment Hearings
CCR number
8 CCR 1506-1
Rule title
GENERAL RULES OF PROCEDURE AND ABSTRACT OF ASSESSMENT HEARINGS
Rulemaking Hearing
Date
12/30/2016
Time
10:00 AM
Location
1313 Sherman Street Room 419 Denver 80203
Subjects and issues involved
The rules to be discussed are amendments to those governing the hearings held by the State Board of Equalization. At its hearings the Board considers
recommendations for reappraisals from the Property Tax Administrator, recommendations for reappraisals based on the valuation for assessment study,
reviews decisions of the Board of Assessment Appeals that affect the valuation of a class or subclass of property, reviews complaints of dereliction of
duty on the part of assessors, reviews the annual abstracts of assessment, reviews decisions made by the advisory committee to the Property Tax
Administrator and reviews matters regarding exemptions under the authority of the Property Tax Administrator.
Statutory authority
The State Board of Equalization has the authority to promulgate rules under §39-9-103(8)
C.R.S.
Contact information
Name
Stan Gueldenzopf
Telephone
303-864-7781
Title
Exemptions Section Manager
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
BOARD OF EQUALIZATION
General Rules of Procedure and Abstract of Assessment Hearings
GENERAL RULES OF PROCEDURE AND ABSTRACT OF ASSESSMENT HEARINGS
8 CCR 1506-1
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
GENERAL RULES OF PROCEDURE
LEGAL AUTHORITY
Article X, Section 15 creates the State Board of Equalization and gives it the power to review the
valuations determined for assessment of taxes upon the various classes of real and personal property
located in the several counties of the state and shall, upon a majority vote, raise, lower, and adjust the
same to the end that all valuations for assessment of taxes shall be just and equalized. The State Board
shall also perform other duties as may be prescribed by law.
Under the authority of Section 39-9-103(8), C.R.S. the State Board of Equalization adopts these rules and
the following statement of basis and purpose.
Statement of Basis and Purpose
The State Board of Equalization adopts these rules to insure all hearings conducted by the Board are fair,
just and efficient. Hearings of the Board are conducted to carry out its duties which include:
Review of recommendations for orders of reappraisal that arise as a result of the valuation for
assessment study, (§39-9-103(1), C.R.S.),
Review of recommendations for orders of reappraisal made by the Property Tax Administrator,
(§39-9-103(2), C.R.S.),
Review of decisions by the Board of Assessment Appeals that affect the valuation of a class or
subclass of property, (§39-9-103(5), C.R.S.),
The conduct of hearings regarding complaints of dereliction of duty on the part of an assessor,
(§39-9-103(6), C.R.S.),
Review of the annual abstracts of assessment, (§39-9-103(7), C.R.S.),
Review of decisions made by the advisory committee to the Property Tax Administrator, (§39-9103(10), C.R.S.) and
Review of matters regarding exemptions under the authority of the Property Tax Administrator,
(§39-9-109, C.R.S.).
RULE 1 Definitions
The definitions of terms as set forth in C.R.S. 39-1-102, as amended, are adopted in these rules by
reference, except that “Board” shall mean the State Board of Equalization.
RULE 2 Conduct of Hearings
All hearings shall be conducted by at least a majority of the Board, and all final decisions shall be in
writing and must be agreed to by a majority of the Board. Any Board member who dissents may state the
reason for the dissent. Notice of the decision of the Board shall be mailed to all parties to the proceeding.
RULE 3 Service of Documents
Any documents filed by a party in an action before the Board, subsequent to the original notice of hearing,
shall be served by such party on every other party to the action. Mailing a copy to the party at the last
known address or to the attorney at such person's last known address, shall constitute such service.
RULE 5 Rules of Evidence
All parties to the proceeding shall have the right to present their case or defense by oral and documentary
evidence.
RULE 6 Continuances and Recesses
Hearings shall ordinarily be conducted between the hours of 9:00 A.M. and 5:00 P.M. Whenever, because
of illness, emergency, or for other good reason, the Board considers that it would be in the best interest of
justice to order a recess or continuance, the hearing shall be recessed or continued to a specified date,
time and place.
RULE 7 Use of Copies as Evidence
Carbon copies, photocopies, photographic copies, or copies made by other similar procedures may be
admitted in evidence or substituted in place of the original documents.
RULE 9 Representation Before Board
Any party may appear in person or may be represented by an attorney admitted to practice before the
Colorado Supreme Court. Qualified experts in appropriate fields of knowledge may appear before the
Board in their capacities as experts and present factual data and qualified opinion testimony.
RULE 10 Record of Proceedings
The record of hearings shall be by electronic recorder or court reporter at the discretion of the
Chairperson. Transcriptions shall be made as provided by C.R.S. 24-4-105(13). Parties may employ, at
their own expense, a court reporter.
RULE 11 Admission of Third Parties
Opportunity shall be afforded any person to appear before the Board to present facts and information for
its consideration.
RULE 12 Size of Exhibits and Retention
When oversized exhibits are introduced, the Board may require that the size thereof be reduced to a
satisfactory size for the record.
RULE 13 Subpoenas
Upon request by any party to a proceeding before the Board and upon an affirmative vote by a majority of
the members of the Board, the Chairperson of the Board, or in the absence of the Chairperson, the ViceChairperson, may issue subpoenas, including subpoenas for production of records.
Whenever a subpoena is issued by the Board, such subpoena shall: State the name of the issuing body,
the authority under which the subpoena is issued, and the subject of the inquiry and command each
person to whom it is issued to attend and give testimony at a time and place specified in such subpoena.
A subpoena may also command the person to whom it is directed to produce such books, records,
documents, or other tangible evidence as the Board may require.
Service of a subpoena may be made by a sheriff, a deputy sheriff, or any other person who is at least
eighteen years of age and not interested in the proceeding. Service shall be made by delivering a copy of
the subpoena to the person named not later than forty-eight hours before the time specified for
appearance in such subpoena unless, for good cause shown, a majority of the Board authorizes service
within such forty-eight-hour period. The amount of fees for attendance and mileage shall be the same as
that allowed by law for witness in civil cases and shall be paid after the witness is discharged from further
attendance.
If any person issued a subpoena pursuant to this rule believes such subpoena to be unreasonable or
oppressive, relief therefrom shall be requested in writing from the issuing body, accompanied by a
statement of the reasons for such belief.
Any witnesses subpoenaed to give testimony or produce evidence may have legal counsel present to
advise them.
The Board has the authority to issue subpoenas upon its own initiative. Witness fees and mileage for
subpoenas issued under this paragraph shall be paid from the State Board line item contained in the
Division of Property Taxation's budget.
BOARD OF EQUALIZATION
General Rules of Procedure and Abstract of Assessment Hearings
GENERAL RULES OF PROCEDURE AND ABSTRACT OF ASSESSMENT HEARINGS
8 CCR 1506-1
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
GENERAL RULES OF PROCEDURE
Basis and Purpose:
In accordance with C.R.S. 24-4-103(4), and C.R.S. 39-9-103(8), the State Board of Equalization makes
these findings and adopts this statement of basis and purpose.
Article X Section 15 Colorado Constitution describes the duties of the State Board of Equalization. This
section further states that the State Board of Equalization shall perform such other duties as may be
prescribed by law,
Article X Section 3 Colorado Constitution, C.R.S. 39-1-104(16), C.R.S. 39-1-105.5, C.R.S. 39-9-103(1)
and C.R.S. 39-9-103(4) provide that the General Assembly shall cause a valuation for assessment study
to be conducted each year, that the Director of Research of the Legislative Council shall contract with a
private person to conduct the study, that a final report of the findings and conclusions be filed with the
General Assembly and the State Board of Equalization by September 1 of each year, and that the State
Board of Equalization issue orders of reappraisal when the results of the study so require.
C.R.S. 39-2-111, C.R.S. 39-2-114, C.R.S. 39-9-103(2) and 39-9-103(6) provide a mechanism for
taxpayers and/or a taxing authority to file a complaint with the Property Tax Administrator which alleges
that a class or subclass of taxable property in a county has not been appraised or valued as required by
law or has been improperly or erroneously valued or that the property tax laws have in any manner been
evaded or violated. If the Property Tax Administrator finds the complaint to be justified, a petition for
reappraisal or hearing is filed with the State Board of Equalization.
C.R.S. 39-9-103(4) and C.R.S. 39-9-103(5) provide the State Board of Equalization the ability to reverse
or modify decisions of the Board of Assessment Appeals that pertain to a class or subclass of property.
Appeals must be filed within thirty days of the decision by a party to the proceedings.
These rules will be adopted and promulgated by the State Board of Equalization to implement general
rules of procedure for hearings conducted by them.
LEGAL AUTHORITY
Article X, Section 15 creates the State Board of Equalization and gives it the power to review the
valuations determined for assessment of taxes upon the various classes of real and personal property
located in the several counties of the state and shall, upon a majority vote, raise, lower, and adjust the
same to the end that all valuations for assessment of taxes shall be just and equalized. The State Board
shall also perform other duties as may be prescribed by law.
Code of Colorado Regulations
1
Under the authority of Section 39-9-103(8), C.R.S. the State Board of Equalization adopts these rules and
the following statement of basis and purpose.
Statement of Basis and Purpose
The State Board of Equalization adopts these rules to insure all hearings conducted by the Board are fair,
just and efficient. Hearings of the Board are conducted to carry out its duties which include:
Review of recommendations for orders of reappraisal that arise as a result of the valuation for
assessment study, (§39-9-103(1), C.R.S.),
Review of recommendations for orders of reappraisal made by the Property Tax Administrator,
(§39-9-103(2), C.R.S.),
Review of decisions by the Board of Assessment Appeals that affect the valuation of a class or
subclass of property, (§39-9-103(5), C.R.S.),
The conduct of hearings regarding complaints of dereliction of duty on the part of an assessor,
(§39-9-103(6), C.R.S.),
Review of the annual abstracts of assessment, (§39-9-103(7), C.R.S.),
Review of decisions made by the advisory committee to the Property Tax Administrator, (§39-9103(10), C.R.S.) and
Review of matters regarding exemptions under the authority of the Property Tax Administrator,
(§39-9-109, C.R.S.).
RULE 1 Definitions
The definitions of terms as set forth in C.R.S. 39-1-102, as amended, are adopted in these rules by
reference, except that “Board” shall mean the State Board of Equalization.
RULE 2 Conduct of Hearings
All hearings shall be conducted by at least a majority of the Board, and all final decisions shall be in
writing and must be agreed to rendered by a majority of the Board. Any Board member who dissents may
state the reason for the dissent. Notice of the decision of the Board shall be mailed to all parties to the
proceeding.
RULE 3 Service of Documents
Any documents filed by a party in an action before the Board, subsequent to the original notice of hearing,
shall be served by such party on every other party to the action. Mailing a copy to the party at his the last
known address or to his the attorney at such person's last known address, shall constitute such service.
RULE 4 Testimony Under Oath
All testimony in Board proceedings shall be given under oath, administered by the person conducting the
hearing.
Code of Colorado Regulations
2
RULE 5 Rules of Evidence
Every All partyies to the proceeding shall have the right to present his their case or defense by oral and
documentary evidence.
RULE 6 Continuances and Recesses
Hearings shall ordinarily be conducted between the hours of 9:00 A.M. and 5:00 P.M. Whenever, because
of illness, emergency, or for other good reason, the Board considers that it would be in the best interest of
justice to order a recess or continuance, the hearing shall be recessed or continued to a specified date,
time and place.
RULE 7 Use of Copies as Evidence
Carbon copies, photocopies, photographic copies, or copies made by other similar procedures may be
admitted in evidence or substituted in place of the original documents.
RULE 8 Board Decisions
All decisions of the board shall be in writing. A decision of the Board must be agreed to by a majority of
the Board members. Any Board member who dissents may state the reason for his dissent. Notice of the
decision of the Board shall be mailed to all parties to the proceeding.
RULE 9 Representation Before Board
Any party may appear in person or may be represented by an attorney admitted to practice before the
Colorado Supreme Court. Qualified experts in appropriate fields of knowledge may appear before the
Board in their capacities as experts and present factual data and qualified opinion testimony.
RULE 10 Record of Proceedings
The record of hearings shall be by electronic recorder or court reporter at the discretion of the
Chairpersonman,. Transcriptions shall be made as provided by C.R.S. 24-4-105(13). Parties may employ,
at their own expense, a court reporter.
RULE 11 Admission of Third Parties
Opportunity shall be afforded any person to appear before the Board to present facts and information for
its consideration.
RULE 12 Size of Exhibits and Retention
When oversized exhibits are introduced, the Board may require that the size thereof be reduced to a
satisfactory size for the record.
RULE 13 Subpoenas
Upon request by any party to a proceeding before the Board and upon an affirmative vote by a majority of
the members of the Board, the Chairmanperson of the Board, or in his the absence of the Chairperson,
the Vice-Chairmanperson, may issue subpoenas, including subpoenas for production of records.
Whenever a subpoena is issued by the Board, such subpoena shall: State the name of the issuing body,
the authority under which the subpoena is issued, and the subject of the inquiry and command each
person to whom it is issued to attend and give testimony at a time and place specified in such subpoena.
Code of Colorado Regulations
3
A subpoena may also command the person to whom it is directed to produce such books, records,
documents, or other tangible evidence as the Board may require.
Service of a subpoena may be made by a sheriff, his a deputy sheriff, or any other person who is at least
eighteen years of age and not interested in the proceeding. Service shall be made by delivering a copy of
the subpoena to the person named not later than forty-eight hours before the time specified for
appearance in such subpoena unless, for good cause shown, a majority of the Board authorizes service
within such forty-eight-hour period. The amount of fees for attendance and mileage shall be the same as
that allowed by law for witness in civil cases and shall be paid after the witness is discharged from further
attendance.
If any person issued a subpoena pursuant to this rule believes such subpoena to be unreasonable or
oppressive, relief therefrom shall be requested in writing from the issuing body, accompanied by a
statement of the reasons for such belief.
Any witnesses subpoenaed to give testimony or produce evidence may have legal counsel present to
advise him them.
The Board has the authority to issue subpoenas upon its own initiative. Witness fees and mileage for
subpoenas issued under this paragraph shall be paid from the State Board line item contained in the
Division of Property Taxation's budget.
Effective Date
These rules adopted this 2nd day of April, 1984, shall become effective May 31, 1984.
RULES GOVERNING HEARINGS ON ABSTRACTS OF ASSESSMENT
BASIS AND PURPOSE.:
IN ACCORDANCE WITH C.R.S. 24-4-103(4) AND C.R.S. 39-9-103(8), THE STATE BOARD OF
EQUALIZATION MAKES THESE FINDINGS AND ADOPTS THIS STATEMENT OF BASIS AND
PURPOSE,
ARTICLE X SECTION 15 COLORADO Constitution DESCRIBES THE DUTIES OF BOARDS OF
EQUALIZATION. COUNTY BOARDS OF EQUALIZATION HAVE THE AUTHORITY TO RAISE, LOWER,
ADJUST, AND EQUALIZE VALUATIONS FOR ASSESSMENT OF TAXES UPON REAL AND
PERSONAL PROPERTY, SUBJECT TO REVIEW AND REVISION BY THE STATE BOARD OF
EQUALIZATION. THESE COUNTY BOARD DUTIES ARE RESTATED IN C.R.S. 39-8-102.
C.R.S. 39-2-115(2) REQUIRES THE PROPERTY TAX ADMINISTRATOR TO REVIEW EACH
ABSTRACT OF ASSESSMENT; AND WHEN IT IS FOUND THAT ANY CLASS OR SUBCLASS OF
PROPERTY HAS NOT BEEN PROPERLY VALUED, THE PROPERTY TAX ADMINISTRATOR IS
REQUIRED TO FILE A COMPLAINT WITH THE STATE BOARD OF EQUALIZATION.
C.R.S. 39-2-115(3) REQUIRES THE PROPERTY TAX ADMINISTRATOR TO MAKE
RECOMMENDATIONS TO THE STATE BOARD OF EQUALIZATION WHEN THE ABSTRACTS ARE
SUBMITTED TO THEM.
THE STATE BOARD OF EQUALIZATION IS CHARGED TO REVIEW THE VALUATIONS FOR
ASSESSMENT OF TAXES FOR THE VARIOUS CLASSES OF REAL AND PERSONAL PROPERTY
LOCATED IN THE COUNTIES, AND HAS THE AUTHORITY TO RAISE, LOWER, AND ADJUST THE
SAME TO THE END THAT ALL VALUATIONS SHALL BE JUST AND EQUALIZED, HOWEVER, THE
STATE BOARD HAS NO POWER OF ORIGINAL ASSESSMENT. THESE STATE BOARD DUTIES ARE
RESTATED IN C.R.S. 39-9-103(7), (4), AND C.R.S, 39-9-104 RESPECTIVELY.
Code of Colorado Regulations
4
“THESE RULES ARE ADOPTED AND PROMULGATED BY THE STATE BOARD OF EQUALIZATION
TO IMPLEMENT RULES OF PROCEDURE FOR HEARING ON ABSTRACT OF ASSESSMENT
PURSUANT TO C.R.S.39-9-103(4), 39-9-103(7), AND C.R.S. 39-9-104.”
RULE 39-9-103(4):
(A) DEFINITIONS
THE DEFINITIONS OF TERMS AS SET FORTH IN C.R.S. 39-1-102, AS AMENDED, ARE
ADOPTED IN THESE RULES BY REFERENCE, EXCEPT THAT “BOARD" SHALL MEAN THE
STATE BOARD OF EQUALIZATION.
(B) CONDUCT OF HEARINGS
ALL HEARINGS SHALL BE CONDUCTED BY AT LEAST A MAJORITY OF THE BOARD, AND
ALL FINAL DECISIONS SHALL BE RENDERED BY A MAJORITY OF THE BOARD.
(c) SERVICE OF DOCUMENTS
ANY DOCUMENTS FILED BY A PARTY IN AN ACTION BEFORE THE BOARD, SUBSEQUENT
TO THE ORIGINAL NOTICE OF HEARING, SHALL BE SERVED BY SUCH PARTY ON EVERY
OTHER PARTY TO THE ACTION. MAILING A COPY TO THE PARTY AT HIS LAST KNOWN
ADDRESS OR TO HIS ATTORNEY AT SUCH PERSON'S LAST KNOWN ADDRESS, SHALL
CONSTITUTE SUCH SERVICE.
(D) TESTIMONY UNDER OATH
ALL TESTIMONY IN BOARD PROCEEDINGS SHALL BE GIVEN UNDER OATH,
ADMINISTERED BY THE PERSON CONDUCTING THE HEARING.
(E) RULES OF EVIDENCE
EVERY PARTY TO THE PROCEEDING SHALL HAVE THE RIGHT TO PRESENT HIS CASE
OR DEFENSE BY ORAL AND DOCUMENTARY EVIDENCE.
(F) CONTINUANCES AND RECESSES
HEARINGS SHALL ORDINARILY BE CONDUCTED BETWEEN THE HOURS OF 9:00 A.M.
AND 5:00 P.M. WHENEVER, BECAUSE OF ILLNESS, EMERGENCY, OR FOR OTHER GOOD
REASON, THE BOARD CONSIDERS THAT IT WOULD BE IN THE BEST INTEREST OF
JUSTICE TO ORDER A RECESS OR CONTINUANCE, THE HEARING SHALL BE RECESSED
OR CONTINUED TO A SPECIFIED DATE, TIME AND PLACE.
(G) USE OF COPIES AS EVIDENCE
CARBON COPIES, XEROX COPIES, PHOTOGRAPHIC COPIES, OR COPIES MADE BY
OTHER SIMILAR PROCEDURES MAY BE ADMITTED IN EVIDENCE OR SUBSTITUTED IN
PLACE OF THE ORIGINAL DOCUMENTS.
(H) BOARD DECISIONS
ALL DECISIONS OF THE BOARD SHALL BE IN WRITING. A DECISION OF THE BOARD
MUST BE AGREED TO BY A MAJORITY OF THE BOARD MEMBERS. ANY BOARD MEMBER
WHO DISSENTS MAY STATE THE REASON FOR HIS DISSENT. NOTICE OF THE DECISION
OF THE BOARD SHALL BE MAILED TO ALL PARTIES TO THE PROCEEDING.
Code of Colorado Regulations
5
(I) REPRESENTATION BEFORE BOARD
ANY PARTY MAY APPEAR IN PERSON OR MAY BE REPRESENTED BY AN ATTORNEY
ADMITTED TO PRACTICE BEFORE THE COLORADO SUPREME COURT. QUALIFIED
EXPERTS IN APPROPRIATE FIELDS OF KNOWLEDGE MAY APPEAR BEFORE THE BOARD
IN THEIR CAPACITY AS EXPERTS AND PRESENT FACTUAL DATA AND QUALIFIED
OPINION TESTIMONY.
(J) RECORD OF PROCEEDINGS
THE RECORD OF HEARINGS SHALL BE BY ELECTRONIC RECORDER OR COURT
REPORTER AT THE DISCRETION OF THE CHAIRMAN. TRANSCRIPTIONS SHALL BE MADE
AS PROVIDED BY C.R.S. 24-4-105(13). PARTIES MAY EMPLOY, AT THEIR OWN EXPENSE,
A COURT REPORTER.
(K) ADMISSION OF THIRD PARTIES
OPPORTUNITY SHALL BE AFFORDED ANY PERSON TO APPEAR BEFORE THE BOARD TO
PRESENT FACTS AND INFORMATION FOR ITS CONSIDERATION.
(L) SIZE OF EXHIBITS AND RETENTION
WHEN OVERSIZED EXHIBITS ARE INTRODUCED, THE BOARD MAY REQUIRE THAT THE
SIZE THEREOF BE REDUCED TO A SATISFACTORY SIZE FOR THE RECORD.
(M) SUBPOENAS
UPON REQUEST BY ANY PARTY TO A PROCEEDING BEFORE THE BOARD AND UPON AN
AFFIRMATIVE VOTE BY A MAJORITY OF THE MEMBERS OF THE BOARD, THE CHAIRMAN
OF THE BOARD, OR IN HIS ABSENCE, THE VICE-CHAIRMAN, MAY ISSUE SUBPOENAS,
INCLUDING SUBPOENAS FOR PRODUCTION OF RECORDS.
WHENEVER A SUBPOENA IS ISSUED BY THE BOARD, SUCH SUBPOENA SHALL: STATE
THE NAME OF THE ISSUING BODY, THE AUTHORITY UNDER WHICH THE SUBPOENA IS
ISSUED, AND THE SUBJECT OF THE INQUIRY AND COMMAND EACH PERSON TO WHOM
IT IS ISSUED TO ATTEND AND GIVE TESTIMONY AT A TIME AND PLACE SPECIFIED IN
SUCH SUBPOENA. A SUBPOENA MAY ALSO COMMAND THE PERSON TO WHOM IT IS
DIRECTED TO PRODUCE SUCH BOOKS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE
EVIDENCE AS THE BOARD MAY REQUIRE.
SERVICE OF A SUBPOENA MAY BE MADE BY A SHERIFF, HIS DEPUTY, OR ANY OTHER
PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND NOT INTERESTED IN THE
PROCEEDING SERVICE SHALL BE MADE BY DELIVERING A COPY OF THE SUBPOENA TO
THE PERSON NAMED NOT LATER THAN FORTY-EIGHT HOURS BEFORE THE TIME
SPECIFIED FOR APPEARANCE IN SUCH SUBPOENA UNLESS, FOR GOOD CAUSE
SHOWN, A MAJORITY OF THE BOARD AUTHORIZES SERVICE WITHIN SUCH FORTYEIGHT-HOUR PERIOD. THE AMOUNT OF FEES FOR ATTENDANCE AND MILEAGE SHALL
BE THE SAME AS THAT ALLOWED BY LAW FOR WITNESSES IN CIVIL CASES AND SHALL
BE PAID AFTER THE WITNESS IS DISCHARGED FROM FURTHER ATTENDANCE,
IF ANY PERSON ISSUED A SUBPOENA PURSUANT TO THIS RULE BELIEVES SUCH
SUBPOENA TO RE UNREASONABLE OR OPPRESSIVE, RELIEF THEREFROM SHALL BE
REQUESTED IN WRITING FROM THE ISSUING BODY, ACCOMPANIED BY A STATEMENT
OF THE REASONS FOR SUCH BELIEF.
Code of Colorado Regulations
6
ANY WITNESS SUBPOENAED T0 GIVE TESTIMONY OR PRODUCE EVIDENCE MAY HAVE
LEGAL COUNSEL PRESENT TO ADVISE HIM.
THE BOARD HAS THE AUTHORITY TO ISSUE SUBPOENAS UPON ITS OWN INITIATIVE.
WITNESS FEES AND MILEAGE FOR SUBPOENAS ISSUED UNDER THIS PARAGRAPH
SHALL BE PAID FROM THE STATE BOARD LINE ITEM CONTAINED IN THE DIVISION OF
PROPERTY TAXATION'S BUDGET.
EFFECTIVE DATE:
THESE RULES ADOPTED THIS 20TH DAY OF FEBRUARY, 1984, SHALL BECOME EFFECTIVE
MARCH 31, 1984.
_________________________________________________________________________
Editor’s Notes
History
Code of Colorado Regulations
7
Notice of Proposed Rulemaking
Tracking number
2016-00597
Department
2505,1305 - Department of Health Care Policy and Financing
Agency
2505 - Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan)
CCR number
10 CCR 2505-3
Rule title
FINANCIAL MANAGEMENT OF THE CHILDREN'S BASIC HEALTH PLAN
Rulemaking Hearing
Date
Time
01/13/2017
09:00 AM
Location
303 East 17th Avenue, 11th Floor, Denver, CO 80203
Subjects and issues involved
see attached
Statutory authority
25.5.1-301 through 303 (CRS 2016)
Contact information
Name
Chris Sykes
Telephone
3038664416
Title
Medical Services Board Coordinator
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
NOTICE OF PROPOSED RULES
The Medical Services Board of the Colorado Department of Health Care Policy and Financing will hold a public meeting on Friday, January 13, 2017, beginning at 9:00 a.m., in the eleventh floor conference room at 303 East 17th Avenue, Denver, CO 80203. Reasonable accommodations will be provided upon request for persons with disabilities. Please notify the Board Coordinator at 303­ 866­4416 or [email protected] or the 504/ADA Coordinator [email protected] at least one week prior to the meeting.
A copy of the full text of these proposed rule changes is available for review from the Medical
Services Board Office, 1570 Grant Street, Denver, Colorado 80203, (303) 866­4416, fax (303) 866­4411. Written comments may be submitted to the Medical Services Board Office on or before close of business the Wednesday prior to the meeting. Additionally, the full text of all proposed changes will be available approximately one week prior to the meeting on the Department’s website at www.colorado.gov/hcpf/medical­services­board.
This notice is submitted to you for publication, pursuant to § 24­4­103(3)(a) and (11)(a), C.R.S.
MSB 16­10­24­B, Revision to the Child Health Plan Plus Eligibility Rules Concerning, Section 10 CCR 2505­3
CHP+ Assistance. The proposed rule change is to incorporate revision mandated by Executive Order D 2012­002 (EO 2), as codified at Section 24.4­4­103.3 CRS (2014). The governor has issued an Executive order which requires that state agencies review, on a continuing basis, all existing rules to ensure they use the best, most innovative and least burdensome tools for achieving
their goals. A regulatory review is solely for the purpose of identifying those rules which are duplicative, overlapping, outdated and inconsistent. To achieve regulatory review goals, sections 50 through 600 have been revised and updated to ensure state rules are current and are in alignment with federal regulations. This will have a positive
impact for the CHP+ program by eliminating any confusion on duplicative, overlapping, outdated and inconsistent rules. There are no expected costs to the Department. The changes to the rules are primarily grammatical in nature and also include updates to remove duplicate and inconsistent language. The Colorado Benefits Management System (CBMS) does not need to be updated for sections 50 through 600 since all rules are in alignment with federal regulations.
The authority for this rule is contained in 25.5­1­301 through 25.5­1­303 C.R.S. (2016).
Notice of Proposed Rulemaking
Tracking number
2016-00596
Department
2505,1305 - Department of Health Care Policy and Financing
Agency
2505 - Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan)
CCR number
10 CCR 2505-10 8.200
Rule title
MEDICAL ASSISTANCE - SECTION 8.200
Rulemaking Hearing
Date
Time
01/13/2017
09:00 AM
Location
303 East 17th Avenue, 11th Floor, Denver, CO 80203
Subjects and issues involved
see attached
Statutory authority
25.5.1-301 through 303 (CRS 2016)
Contact information
Name
Chris Sykes
Telephone
3038664416
Title
Medical Services Board Coordinator
Email
[email protected]
Colorado Register, Vol. 39, No. 23, December 10, 2016
NOTICE OF PROPOSED RULES
The Medical Services Board of the Colorado Department of Health Care Policy and Financing will hold a public meeting on Friday, January 13, 2017, beginning at 9:00 a.m., in the eleventh floor conference room at 303 East 17th Avenue, Denver, CO 80203. Reasonable accommodations will be provided upon request for persons with disabilities. Please notify the Board Coordinator at 303­ 866­4416 or [email protected] or the 504/ADA Coordinator [email protected] at least one week prior to the meeting.
A copy of the full text of these proposed rule changes is available for review from the Medical
Services Board Office, 1570 Grant Street, Denver, Colorado 80203, (303) 866­4416, fax (303) 866­4411. Written comments may be submitted to the Medical Services Board Office on or before close of business the Wednesday prior to the meeting. Additionally, the full text of all proposed changes will be available approximately one week prior to the meeting on the Department’s website at www.colorado.gov/hcpf/medical­services­board.
This notice is submitted to you for publication, pursuant to § 24­4­103(3)(a) and (11)(a), C.R.S.
MSB 16­08­24­A, Revision to the Medical Assistance Rule Concerning Physician Services, Section 8.200
Medical Assistance. Physician Services. The rule defining the supervision of Registered Nurses required for reimbursement is being amended to allow for General Supervision, which does not require on­site presence by the supervising provider. The rule 10 C.C.R. 2505­10, Section 8.200.2.D is being revised. The authority for this rule is contained in 25.5­1­301 through 25.5­1­303, C.R.S (2016).
Permanent Rules Adopted
Department
Department of Revenue
Agency
Division of Liquor Enforcement
CCR number
1 CCR 203-2
Rule title
1 CCR 203-2 LIQUOR CODE 1 - eff 01/01/2017
Effective date
01/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
NEW RULES AND/OR CHANGES TO EXISTING RULES
1 C.C.R. 203-2
2016
Regulation 47-002. Fermented Malt Beverages – Advertising Practices.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(G), and 12-47-202(2)(a)(I)(H), C.R.S. The purpose of this regulation is to establish
certain prohibited advertising practices of fermented malt beverage licensees pertaining to the alcohol
content of beverages sold on the licensed premises.
Regulation 47-004. Fermented Malt Beverages – Possession of Alcohol Liquors.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to prohibit possession and
consumption of alcohol beverages containing alcohol in excess of fermented malt beverage standards on
a fermented malt beverage licensee’s licensed premises.
Regulation 47-006. Fermented Malt Beverages – Identification and Labeling.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(N), C.R.S. The purpose of this regulation is to establish labeling standards
required for the sale, offering, exposure for sale, or distribution of fermented malt beverages.
A. No licensee for the sale of fermented malt beverages shall sell, offer, expose for sale, or distribute
within this state any canned or bottled fermented malt beverages in case or carton lots unless such
beverages be contained in a case or carton bearing the phrase “3.2%” or “4.0% ABV” followed by a
word indicating the type of beverage, such as beer or ale. The designation “3.2% BEER,” “3.2%
ALE,” or “4.0% ABV Beer,” “4.0% ABV Ale,” etc., as the case may be, shall be composed of legible
symbols of not less than ¼ of one inch in height, and shall be indelibly stamped or imprinted on top
of the case or carton or upon the sealing strip thereof. Notwithstanding the above, cartons or
unsealed returnable cases need no external markings if such container allows direct view of the
individual cans or bottles which indicates the percent and type of beverage therein.
Regulation 47-008. Fermented Malt Beverages – Limitations of License.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to differentiate fermented malt
beverage licenses for on-premises consumption from off-premises consumption and clarify what activities
are permitted under each license type.
Regulation 47-100. Definitions.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to ensure consistent application and
interpretation of common terms within the relevant articles.
G. “Retailer” or an entity “licensed to sell at retail” means those persons licensed pursuant to sections
12-47-401(1)(h) – (t) and (v – w), C.R.S., and section 12-46-104(1)(c), C.R.S. to sell alcohol
beverages to the end consumer.
H. “Unreasonable or Undue Noise” means a level of noise that violates local noise ordinance
standards, or where no local noise ordinance standard exists, a level of noise that would violate
the provisions of 25-12-103 C.R.S.
I.
“Wholesaler” means those entities authorized to sell alcohol beverages at wholesale to licensed
retailers, including wholesalers of malt liquors and fermented malt beverages, wholesalers of
vinous and spirituous liquors, limited wineries, brewpubs, distillery pubs, and vintner's restaurants.
J.
“Sandwiches” as used in articles 47 and 48 of Title 12, C.R.S. are defined as single serving items
such as hamburgers, hot dogs, frozen pizzas, burritos, chicken wings, etc. “Light snacks” as used
in articles 47 and 48 of Title 12, C.R.S. are defined as popcorn, pretzels, nuts, chips, etc.
Regulation 47-200. Petitions for Statements of Position and Declaratory Orders Concerning the
Colorado Liquor, Beer or Special Event Codes.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(R), and 24-4-105(11), C.R.S. The purpose of this regulation is to establish clear and
comprehensive procedures and considerations required for a statement of position and/or a declaratory
order.
A. Statements of Position. Any person may petition the Liquor Enforcement Division of the
Colorado Department of Revenue for a statement of position concerning the applicability to the
petitioner of any provision of the Colorado Liquor, Beer, or Special Events Codes, or any
regulation of the state licensing authority.
B. Service of Petition for Statement of Position. A letter for petition for a statement of position shall be served
on the Liquor Enforcement Division by mailing or emailing such petition to the Division with a copy sent on
the same date to the local licensing authority in the county or municipality where the petitioner’s licensed
premises or proposed licensed premises are located (if applicable). Each petition for a statement of
position shall contain a certification that the service requirements of this paragraph have been met.
C. Time to Respond. The Division shall respond to a petition for statement of position in writing
setting forth its position and the reasons therefore within forty-five (45) days of receiving
such petition.
D. Declaratory Orders. Any person who has petitioned the Division for a statement of position and
who is dissatisfied with the statement of position or who has not received a response within
forty-five (45) days, may petition the state licensing authority for a declaratory order pursuant
to section 24-4-105(11), C.R.S. The parties to any petition for a declaratory order pursuant to
this regulation shall be the petitioner and the Liquor Enforcement Division.
E. Time to Petition for a Declaratory Order. If a petitioner is dissatisfied with a statement of position,
a petition for declaratory order must be filed within forty-five (45) days after issuance of the
statement of position. Any petitioner who has not received a statement of position within fortyfive (45) days may petition the state licensing authority at any time thereafter.
F. Requirements of Petition for Declaratory Order. Each petition for a declaratory order shall set
forth the following:
1. The name and address of the petitioner; whether the petitioner is licensed pursuant to the
Colorado Liquor, Beer, or Special Events Codes and if so, the type of license/permit and
address of the licensed premises.
2. The statute, rule, or order to which the petition relates.
3. A concise statement of all of the facts necessary to show the nature of the controversy or the
uncertainty as to the applicability to the petitioner of the statute, rule or order to which the
petition relates.
4. A concise statement of the legal authorities if any, and such other reasons upon which
petitioner relies.
5. A concise statement of the declaratory order sought by the petitioner.
G. Service: A petition for a declaratory order shall be served on the State Licensing Authority by
mailing such petition to the State Licensing Authority with a copy of the petition sent on the
same date to the Liquor Enforcement Division, the local licensing authority in the county or
municipality where the petitioner’s licensed premises or proposed licensed premises are
located, and to the Revenue & Utilities Section of the Colorado Department of Law. Each
petition for a declaratory order shall contain a certification that the service requirements of this
paragraph have been met.
H. Acceptance: The state licensing authority will determine, in its discretion without prior notice to
the petitioner, whether to entertain any petition. If the state licensing authority decides it will
not entertain a petition, it shall promptly notify the petitioner in writing of its decision and the
reasons for that decision. Any of the following grounds may be sufficient reason to refuse to
entertain a petition:
1. The petitioner has failed to petition the Division for a statement of position, or if a statement of
position has been issued, the petition for declaratory order was filed with the state licensing
authority more than forty-five (45) days after issuance of the statement of position.
2. A ruling on the petition will not terminate the controversy nor remove uncertainties
concerning the applicability to petitioner of the statute, rule or order in question.
3. The petition involves a subject, question or issue which is currently involved in a pending
hearing before the state or any local licensing authority, or which is involved in an on - going
investigation conducted by the Division or which is involved in a written complaint previously
filed with the state liquor licensing authority.
4. The petition seeks a ruling on a moot or hypothetical question, having no applicability to the
petitioner.
5. Petitioner has some other adequate legal remedy, other than an action for declaratory relief
pursuant to Colo.R.Civ.P. 57, which will terminate the controversy or remove any
uncertainty concerning applicability of the statute, rule or order.
I.
Determination: If the state licensing authority determines that it will entertain the petition for
declaratory order, it shall promptly so notify all parties involved, and the following procedures shall
apply:
1. The state licensing authority may expedite the hearing, where the interests of the petitioner
will not be substantially prejudiced thereby, by ruling on the basis of the facts and legal
authority presented in the petition, or by requesting the petitioner or the Liquor Enforcement
Division to submit additional evidence and legal argument in writing. Any such request for
additional information shall be copied on all parties.
2. If the state licensing authority determines that an evidentiary hearing or legal argument is
necessary to a ruling on the petition, the state licensing authority shall issue a Notice to Set
to all parties and on the date so set, a hearing shall be conducted in conformance with
section 24-4-105, C.R.S.
3. In ruling on a petition for declaratory order, the state licensing authority may take
administrative notice of general, technical or scientific facts within its knowledge, so long as
the fact is specified in the record or is brought to the attention of the parties before final
decision and every party is afforded an opportunity to controvert the fact so noticed.
4. Every declaratory order shall be promptly decided and issued in writing, specifying the basis
in fact and law for the order.
5. Any other interested person may seek leave of the state licensing authority to intervene in the
proceeding and such leave may be granted if the licensing authority determines that such
intervention will make unnecessary a separate petition for declaratory order by the interested
person.
6. A declaratory order shall constitute agency action subject to judicial review pursuant to section
24-4-106, C.R.S.
J.
Record Retention and Reliability: Files of all requests, statements of position, and declaratory
orders will be maintained and relied upon by the Liquor Enforcement Division for a period of five (5)
years, unless the statement of position or declaratory order is superseded by a statutory or
regulatory change, or amended or reversed by the State Licensing Authority. Except with respect to
any material required by law to be kept confidential, such files shall be available for public
inspection.
Regulation 47-300. Change in Class of License.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to establish procedures for a licensee
requesting to change its license class, and provide clarity regarding a licensee’s status pending this
change.
Regulation 47-301. Undue Concentration of Licenses.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(F), C.R.S. The purpose of this regulation is to establish factors the licensing
authority may consider when determining whether certain new licenses would result in an undue
concentration of the same license type in making such a determination pursuant to section 12-47-301(2)
(b), C.R.S.
Regulation 47-302. Changing, Altering, or Modifying Licensed Premises.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to establish procedures for a licensee
seeking to make material or substantial alterations to the licensed premises, and provide factors the
licensing authority must consider when evaluating such alterations for approval or rejection.
A. After issuance of a license, the licensee shall make no physical change, alteration or modification
of the licensed premises that materially or substantially alters the licensed premises or the usage
of the licensed premises from the plans and specifications submitted at the time of obtaining the
original license without application to, and the approval of, the local and state licensing authorities.
For purposes of this regulation, physical changes, alterations or modifications of the licensed
premises, or in the usage of the premises requiring prior approval, shall include, but not be limited
to, the following:
4. Any material change in the interior of the premises that would affect the basic character of the
premises or the physical structure that existed in the plan on file with the latest application.
However, the following types of modifications will not require prior approval, even if a local
building permit is required: painting and redecorating of premises; the installation or
replacement of electric fixtures or equipment, plumbing, refrigeration, air conditioning or
heating fixtures and equipment; the lowering of ceilings; the installation and replacement of
floor coverings; the replacement of furniture and equipment; and any non structural
remodeling where the remodel does not expand or reduce the existing area designed for the
display or sale of alcohol beverage products.
5. The destruction or demolition, and subsequent reconstruction, of a building that contained the
retailer’s licensed premises shall require the filing of new building plans with the local
licensing authority, or in the case of manufacturers and wholesalers, with the state licensing authority.
However, reconstruction shall not require an application to modify the premises unless the
proposed plan for the newly-constructed premises materially or substantially alters the
licensed premises or the usage of the licensed premises from the plans and specifications
submitted at the time of obtaining the original license.
Regulation 47-303. License Renewal.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to clarify and establish procedures
and deadlines for a licensee that is applying to renew their license in accordance with section 12-47-302,
C.R.S.
Regulation 47-304. Transfer of Ownership and Changes in Licensed Entities.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(J), 12-47-301(7), 12-47-301(9), and section 12-47-308, C.R.S. The purpose of this
regulation is to establish reporting and disclosure requirements for the identification of applicants,
licensees, and their relevant financial interests to promote transparency and prevent the occurrence of
statutorily prohibited financial interests between the manufacturing, wholesale, and retail tiers.
E. For all applicants for the issuance of a license by reason of a transfer of possession of the licensed
premises by methods to include operation of law, a petition in bankruptcy pursuant to federal
bankruptcy law, the appointment of a receiver, a foreclosure action by a secured party, or a court
order dispossessing the prior licensee of all rights of possession pursuant to article 40 of title 13,
C.R.S., the licensing authorities shall consider only the requirements of section 12-47-307, C.R.S.
The loss of possession of the licensed premises by the licensee does not in itself automatically
invalidate, cancel or terminate the underlying license. An applicant who otherwise comes into
possession of the licensed premises by operation of law, may apply for a transfer of the underlying
license as provided by law pursuant to section 12-47-303, C.R.S. This provision does not prohibit
a licensing authority from initiating any action as provided by law to suspend or revoke a license
for loss of possession of the licensed premises.
F. No application for a transfer of ownership may be received or acted upon by either the state or
local licensing authority if the previous licensee has surrendered its license and had it canceled by
either authority prior to submission of the transfer application. In cases where cancellation has
occurred prior to the submission of a transfer of ownership application, the license applicant shall
follow the procedures for a new license application pursuant to section 12-47-311, C.R.S.
Regulation 47-305. Transfers – Wholesaler Confirmation.
Basis and Purpose. The statutory authority for this regulation is found at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), 12-47-202(2)(a)(I)(C), and 12-47-303(1)(d), C.R.S. The purpose this regulation is
to provide guidance to applicants and licensing authorities regarding statutory requirements for transfers
under subsection 12-47-303(1)(d), C.R.S. and what is satisfactory to demonstrate fulfillment of the
requirement that all wholesalers have been paid in full prior to approval of a transfer application.
A. In accordance with section 12-47-303(1)(d), C.R.S., the Applicant shall deliver a confirmation to each
wholesaler licensed under this article (to include brewpubs, distillery pubs, vintner’s restaurants and
limited wineries) who has sold alcohol beverages to the transferor-licensee within the preceding one
hundred eighty (180) calendar days, in the form and substance approved by the Liquor Enforcement
Division.
B. The confirmation shall be delivered via United States mail or other common carrier with a minimum of
a return receipt to the last known business address of the wholesaler, attention: credit department.
The confirmation shall be deemed received by a wholesaler upon the third (3rd) day following the
date on which the confirmation is deposited in the United States mail or common carrier or the date
on the return receipt.
C. Upon delivery of a confirmation to a wholesaler, the transferor-licensee shall not purchase alcohol
beverage on credit or accept an offer or extension of credit from the wholesaler and shall effect
payment upon delivery of the alcohol beverage from the wholesaler. Allowed payments include cash,
credit/debit cards, check, money orders, certified check, EFT transfer and any other method payment
approved by the Liquor Enforcement Division.
D. A wholesaler shall have fifteen (15) business days upon receipt of a confirmation to complete and
return the confirmation to the Applicant, in the same manner and extent as allowed in Section B
above. If a wholesaler does not complete and return the confirmation within the 15-day period of
time, the wholesaler shall be deemed paid in full solely for purposes of transferring the license.
E. Nothing within this Regulation shall prohibit or restrict a local licensing authority from issuing a
temporary permit or from processing the transfer application. However, a transfer shall not be
approved unless the transferor-licensee is in compliance with this regulation.
F. The Applicant, transferor-licensee and/or its agent and assign, and each wholesaler shall act in good
faith and fair dealing with each other.
Regulation 47-306. Change of Trade Name.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(J), C.R.S. The purpose of this regulation is to establish guidelines of the use of a
trade name and the reporting requirements for a licensee that is changing the name or trade name of its
licensed premises.
A. No licensee shall change the name or trade name of the licensed premises without submitting
written notice to the local and state licensing authorities, not less than ten days prior to the
change of name.
B. Exterior signage or advertising the business (trade) name is not required, but if used, must
accurately reflect the current trade name on file with the Liquor Enforcement Division.
Regulation 47-307. Master Files.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-304(1)(d), C.R.S. The purpose of this regulation is to establish rules
governing master files, and the minimum number of locations required for master file privileges.
Regulation 47-309. Sports and Entertainment Venues.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-301(6), C.R.S. The purpose of this regulation is to establish guidelines
for the sale of alcohol beverages in sports and entertainment venues with at least one thousand five
hundred (1,500) seats.
Regulation 47-310. Application – General Provisions.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-304(1), C.R.S. The purpose of this regulation is to establish
requirements for a license application, and provide factors the licensing authority must consider when
evaluating an application for approval or rejection.
A. All applications for state licenses for the manufacture or sale of alcohol beverages shall be made
upon forms prescribed by the Department of Revenue, Liquor Enforcement Division. No
application will be considered which is not complete in every material detail, or which is not
accompanied by a remittance in full for the whole amount of the annual state license fee, and
eighty five percent of the local license fee. Each application for a new retail license shall contain a
report from the local licensing authority of the town, city, county, or city and county, in which the
applicant proposes to conduct its business, which report shall show the opinion of the local
licensing authority concerning the reasonable requirements of the neighborhood and the desires
of the adult inhabitants with respect to the issuance of the license applied for and the character of
a new applicant.
D. All information submitted to any licensing authority, by application for license or otherwise, shall
be given fully, faithfully, truthfully and fairly. Willful or deliberate misrepresentation may result in a
denial or revocation of a license.
E. When a licensing authority is required to make a determination as to the character, record and
reputation of existing licensees or applicants for new licenses, including transfers of ownership of
existing licenses, the authority may consider the following factors, which may include but not be
limited to the following:
2. The applicant or licensee has a criminal history of crimes of moral turpitude. By way of
example, crimes of moral turpitude shall include but not be limited to, fraud, forgery, murder,
burglary, robbery, arson, kidnapping, sexual assault, illegal drugs or narcotics convictions;
5. The applicant or licensee has an established pattern of multiple statutory violations which
resulted in the revocation or denial of any other professional license.
6. The finding of a person who is not of good moral character by any licensing authority.
Regulation 47-311. Public Transportation System License.
Basis and Purpose. The statutory authority for this regulation is found at subsections 12-47-202(1)(b) and
12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to make clear that under the specified
circumstances a commercial airline must apply for and receive a public transportation system license.
In addition to any public system transportation licenses issued for a permanent licensed premises, a
commercial airline shall apply for and receive a public system transportation license for an airplane if any of
the following conditions are met:
A. Alcohol beverages are sold or served while the airplane is stationary anywhere in the State of Colorado;
or
B. Alcohol beverages are purchased from a Colorado Wholesaler; or
C. Alcohol beverages are stored on the airplane for more than twenty-four (24) hours while in the State of
Colorado.
Regulation 47-312. Change of Location.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to establish procedures for a licensee
requesting to change the location of the licensed premises, and provide factors the licensing authority
must consider when evaluating a change for approval or rejection.
C. For retail licenses, no change of location shall be permitted until the state licensing authority has,
after approval of the local licensing authority, considered the application and such additional
information as it may require, and approved of such change. The licensee shall, within sixty (60)
days of approval, change the location of its licensed premises to the place specified therein. Once
at the new location, the licensee shall no longer conduct the manufacture or sale of alcohol
beverages at the former location. A local licensing authority may, at its discretion, extend the time
to change the location of the licensed premises, for good cause shown. However, no extension
that is beyond twelve (12) months from the original date of approval shall be granted.
F. For retail licenses no change of location shall be allowed except to another location within the
same city, town, county, or city and county in which the license as originally issued was to be
exercised.
Except, a retail liquor store licensed on or before January 1, 2016, may apply to move its
permanent location to another place within or outside the municipality or county in which the
license was originally granted. It is unlawful for the retail liquor store licensee to sell any
alcohol beverages at the new location until such application is approved by the state and local
licensing authorities. Once approved, the retail liquor store licensee shall change the location
of its premises within three (3) years after such approval. A change of location of a retail
liquor store within the same jurisdiction is not subject to the distance requirement pursuant to
section 12-47-301(12)(a), C.R.S.G.
Upon application for change of location, public notice
shall be required by the local licensing authority in accordance with section 12-47-311, C.R.S.
G. Upon application for change of location, public notice shall be required by the local licensing
authority in accordance with section 12-47-311, C.R.S.
H. Prohibited Area.
A licensee located within 500 feet from any public or parochial school or principal campus of any
college, university or seminary may apply for a change of location within the same prohibited area
in accordance with the requirements of section 12-47-301(9), C.R.S., but may not apply for a
change of location within any other prohibited area as defined within section 12-47-313, C.R.S.
Regulation 47-314. Limited Liability Company.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-202(2)(a)(I)(J), and 12-47-307(7), C.R.S. The purpose of this regulation
is to establish reporting and disclosure requirements for the identification of a limited liability company’s
managers, and applicable members and their relevant financial interests in order to promote transparency
and avoid violations of statutorily prohibited overlapping financial interests.
Regulation 47-316. Advertising Practices.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-202(2)(a)(I)(G), C.R.S. The purpose of this regulation is to establish
certain permitted and prohibited advertising practices between suppliers and retailers.
A. Consumer Advertising Specialties
4. Licensees must have available for inspection those customary business records that verify
these transactions, in accordance with 12-47-701, C.R.S., and for the time frame specified in
Regulation 47-700.
B. Point-of-Sale Advertising
5.
Supplier Give-A-Ways and Displays
A supplier may advertise, within retail premises, alcohol beverage products, via consumer mail-in
rebate offers, consumer give-a-ways, sweepstakes, contests, and cross promotions with nonalcohol beverage products. Suppliers may also provide contest and sweepstakes information
and consumer entry forms. Further, suppliers may provide items, subject to the regulations
below, to be given away in a consumer give-a-way, sweepstake or contest.
For consumer give-a-ways, sweepstake or contests, (collectively “Consumer Contest”) the
following regulations shall apply:
a.
No item provided as part of a Consumer Contest may be awarded to, received by or
otherwise kept by the licensee or any of the licensee’s employees or an employee’s
immediate or extended family members.
b.
No item provided as part of a Consumer Contest may be awarded to, received by or
otherwise kept by a supplier licensee that is providing alcohol beverage products to the
retail licensee or any of the supplier licensee’s employees or any supplier licensee’s
employee’s immediate or extended family members.
c.
Any item(s) to be given away in a Consumer Contest must be awarded and given to the
winning consumer within the time afforded by this regulation. Otherwise the item(s) must
be returned to the supplier who will be responsible for awarding the item(s) to the winner.
d.
The actual item(s) that is(are) part or the Consumer Contest shall be delivered to the
retail license premises together with an invoice made out to the retail licensee for not less
than the actual cost of the item(s). The retail licensee shall be responsible for and
required to pay the invoice cost for the item unless the retail licensee can establish to the
satisfaction of the Liquor Enforcement Division that the item(s) was(were) in fact
presented to the winning consumer in accordance with the rules of the Consumer
Contest. Both the retail licensee and the supplier of the item shall each maintain in their
respective records proof establishing that the item(s) was(were) delivered to the winning
consumer. Such records shall include but not be limited to a signed acknowledgement of
receipt of the item(s) by the winning consumer which acknowledgment shall include a
valid form of identification proving the identity of the consumer, the consumer’s name,
address, phone number, e-mail address (if available) and the date on which the item was
presented to the consumer. In addition, the records shall include the name and position
of the person or persons presenting the item to the consumer sufficient so that the Liquor
Enforcement Division can verify that the item was presented to the Consumer Contest
winner.
e.
The Consumer Contest, including the drawing period, shall not last longer than 60 days.
f.
In the event that the supplier does not have the signed acknowledgement of receipt from
the consumer within 30 days of the end of the Consumer Contest, it is the responsibility
of both the retail licensee and the supplier, that payment in full of the invoice by the retail
licensee is made to the supplier for the item(s). Absent payment within 24 hours of the
expiration of the 30 day period, no supplier representing the brand advertised in the
Consumer Contest shall be permitted to sell or otherwise provide any product to the retail
licensee until the invoice is paid in full.
g.
Entrance into the Consumer Contest is not contingent on any purchases.
h.
The actual item(s) that is (are) part of the Consumer Contest may be on display in the
licensed premises only during the period of the Consumer Contest. At the end of the
contest period, the item(s) may be stored at the retailer location for no more than 30 days
following the end of the Consumer Contest period.
i.
The item(s) must be properly identified in signage as a prize that is part of the Consumer
Contest, e.g. “Win this Umbrella.”
j.
Signage shall display the starting date and ending date of the Consumer Contest, the
name of the company providing the item(s), and all other relevant terms and conditions of
the Consumer Contest.
k.
Failure to comply with this Regulation shall be considered a violation of the Regulation.
Regulation 47-317. Market Research – Non-Licensed Locations.
Basis and Purpose. The statutory authority for this regulation is found at subsections 12-47-202(1)(b),
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of 1 C.C.R. 203-2, Regulation 47-317 is to provide
guidance regarding the circumstances and processes under which consumer market research may be
conducted on non-licensed premises.
Market research alcohol beverage consumer taste tests on an unlicensed liquor premises are
authorized subject to the following guidelines:
A. The research company may contact people and conduct taste tests at shopping malls or other
public meeting places, but the taste tests must take place in a non-public area.
B. All participants must be 21 years of age or older and not exhibit visible signs of intoxication.
C. There shall be no charge or fee to participate in the taste test, however, the participant may be
paid for participating in the market research.
D. The product tasted must come through the 3-tier system to a Colorado wholesaler and the excise
tax on the product has been paid.
E. The product must be purchased from a liquor licensee authorized to sell alcohol beverages for offpremises consumption.
F. The research company must notify the Division in writing of the date, time and location of the
tasting prior to the taste tests.
G. Taste tests will be limited to two days per week between the hours of 2:00 PM and 8:00 PM at
each location and to a maximum of 100 participants.
H. Results of market research where competitors’ products are being used may not be used in
advertising.
I.
Failure to follow this regulation could result in the loss of the ability to conduct marketing research
pursuant to this regulation.
Regulation 47-318. Owner-Manager.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(G), and 12-47-202(2)(a)(I)(J), C.R.S. The purpose of this regulation is to define the
difference between a licensee/owner and a manager and the method of payment to the manager.
B. Owners may hire managers, and managers may be compensated on the basis of profits made,
gross or net. In such cases, (except through an I.R.S. qualified retirement account), the financial
interests of the manager(s) must be reported on the forms prescribed by the Liquor Enforcement
Division. The manager may be required to complete an individual history report and be subject to
a background check. A license may not be held in the name of the manager.
Regulation 47-319. Liquor-Licensed Drugstore Manager Permit.
Basis and Purpose. The statutory authority for this regulation is found at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(B), and 12-47-425, C.R.S. The purpose of this regulation is to provide guidance and
clarity to licensees regarding statutory requirements found in sections 12-47-408(7) and 12-47-425,
C.R.S. involving manager’s permits and when a permitted manager is required.
A. A liquor-licensed drugstore permitted manager is a person who has been designated by the licensee
as a person who is in actual control of the liquor-licensed drugstore’s alcohol beverage operations,
including purchases of alcohol beverages from a licensed wholesaler in accordance with sections 1247-408(7) and 12-47-425(1), C.R.S.
B. A liquor-licensed drugstore that receives a license after January 1, 2017 shall have a permitted
manager on duty and working on the licensed premises during all hours of operation.
C. A liquor-licensed drugstore licensee must submit an application for each permitted manager with the
Liquor Enforcement Division on forms approved by the State Licensing Authority. The manager
permit is an annual permit that is renewed every year.
D. All liquor-licensed drugstore alcohol orders shall only be made by a person who has a valid manager
permit pursuant to section 12-47-425, C.R.S.
Regulation 47-320. Signs and Interior Displays.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(G), 12-47-202(2)(a)(I)(H), and section 12-47-308, C.R.S. The purpose of this
regulation is to establish certain permitted and prohibited sign and display practices between suppliers
and retailers in order to clarify and prevent statutorily prohibited financial assistance between tiers.
Regulation 47-322. Unfair Trade Practices and Competition.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(G), and section 12-47-308, C.R.S. The purpose of this regulation is to establish certain
permitted and prohibited trade practices between suppliers and retailers in order to clarify and prevent
statutorily prohibited financial assistance between tiers.
Retailers may not accept any prohibited financial assistance as described herein, and suppliers are
prohibited from directly or indirectly engaging in the following unfair practices:
A. Sales of alcohol beverages.
5. Certain sales of alcohol beverages below cost are not designed or intended to influence or
control a retailer's product selection. The following exceptions to below cost product sales are
therefore permitted:
c.
B.
Products for use, but not for resale by the drink, by a non-profit organization or similar
group, as defined in section 12-48-102, C.R.S., on a retailer's licensed premises, may be
invoiced to a retailer at no cost. The invoice for said products must detail the products
provided and the group for whose benefit it is provided. At the conclusion of the
organization's event any unused product must be returned to the manufacturer,
wholesaler, brewpub, distillery pub, or vintner's restaurant, or invoiced at a minimum of
laid in cost to the retailer.
On-site sales promotions.
3.
A supplier-sponsored consumer give-a-way of malt liquors held in retail establishments licensed
for off-premises consumption for the purpose of product sales promotion, are permitted under
the following conditions:
a.
The supplier must purchase the malt liquors from the retailer at the retail price of the
product to be given away, including sales tax.
b.
A retailer/supplier may not impose any charge to the consumer to enter or participate in
the give-a-way.
c.
The product purchased must be of the supplier's brands and currently offered by the
supplier.
d.
The supplier must be present and shall be the person who gives the product to
consumers. The supplier representative must verify that each consumer is of lawful age
prior to giving the item to them.
e.
The supplier and retailer must keep records of all items purchased from a retail liquor
store to be used as a free give-a-way to consumers. The records must include the date,
retailer/supplier name, amount paid, and name of products purchased.
f.
Supplier representatives or their authorized agents may give-a-way sealed malt liquor
products directly to the consumer (for off premises consumption only), if the product has
been purchased in accordance to this regulation and the retailer has so consented. The
retail licensee or their employee(s) are not eligible to receive free malt liquor samples.
g.
The maximum amount of malt liquor beverages given to each consumer is limited to
twenty-four (24) ounces.
h.
Suppliers may provide or pay for any media announcement of a supplier-sponsored
consumer give-a-way that primarily advertises the product, the location, and the date and
time of the give-a-way. The name of the retail outlet may also be mentioned.
i.
All items purchased by the supplier representative for the give-a-way must be given away
to the consumer or the retailer must purchase back any remaining items not given away at
the original purchase price.
E. Alcohol Beverage Samples for Retailers.
2. Wholesalers, or those licensed to sell at wholesale pursuant to article 46 and 47 of title 12, may
furnish or give a limited amount of alcohol beverage samples to retailers licensed solely for offpremises under the following conditions:
d. The wholesaler is present at the time of consumption and maintains sole possession of
the container after sampling. Samples, in the quantities described herein, may be left in
the retailer's possession if the container seal is left intact, but must be removed from the
licensed premises at the end of the day.
L. Value of labor.
3. Cost of labor provided to a retailer for services such as the installation of dispensing
systems and the pouring or serving of alcohol beverages (except as allowed by regulation
47-322(B)(2)) shall be at least at a minimum of that employee's hourly wage.
Regulation 47-323. Lawful Extension of Credit.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), 12-47-202(2)(a)(I)(O), and 12-47-202(2)(b), C.R.S. The purpose of this regulation
is to reinforce federal regulations and establish certain permitted and prohibited credit extension practices
between suppliers and retailers.
A. Definitions: For purposes of this regulation, the following definitions are applicable:
2. “Retailer” means those persons licensed pursuant to sections 12-47-401(1)(h) – (t) and (v) and
12-46-104(1)(c), C.R.S. to sell alcohol beverages to the end consumer. Except the term
“retailer” as used in this regulation shall not include a liquor-licensed drugstore that receives a
license after January 1, 2017, which shall not purchase alcohol beverage on credit or accept an
offer or extension of credit from a licensee and shall effect payment upon delivery of the alcohol
beverage pursuant to section 12-47-408(1)(b), C.R.S.
Regulation 47-324. Concurrent Application Review.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(C), C.R.S. The purpose of this regulation is to establish procedural requirements
in the event an applicant with local authority approval or a local licensing authority requests the state
licensing authority to conduct a concurrent application review.
Regulation 47-326. Distance Restriction – Applicability and Measurement.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-313(1)(d),C.R.S. The purpose of this regulation is to prohibit, with
limited exceptions, the location of the licensed premises within range of a defined school in accordance
with subsection 12-47-313(1)(d), C.R.S.
Regulation 47-328. Entertainment Districts.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(C), C.R.S. The purpose of this regulation is to establish a mechanism for a local
licensing authority to notify the state licensing authority when an entertainment district is created or
modified within the local licensing authority’s jurisdiction so that the state licensing authority is aware of
the entertainment district and the varying local ordinances governing entertainment districts in accordance
with the provisions of subsection 12-47-301(11), C.R.S.
Within fifteen (15) days of the creation of an entertainment district pursuant to section 12 -47-301(11),
C.R.S., a local licensing authority shall notify the state licensing authority of the entertainment district,
and provide (1) a map of the entertainment district and any common consumption areas, (2) a list of
licensed premises attached to any common consumption area, and (3) the hours of operation for any
common consumption area and attached licensed premises. Changes to an existing entertainment
district shall be reported to the state licensing authority by the local licensing authority within fifteen
(15) days of such changes.
Regulation 47-400. Licensed Breweries, Distilleries and Wineries.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to clarify that a brewery, distillery or a
winery must hold a wholesaler’s license in order to sell its product directly to consumers.
A. All brewers who are licensed pursuant to 12-47-402 C.R.S. and who sell their manufactured
product directly to consumers for consumption of the product for either on-premises or offpremises consumption must also obtain a wholesale license, pursuant to 12-47-406, C.R.S.
B. All manufacturers who are licensed pursuant to section 12-47-402, C.R.S, who sell their product
to licensed retailers must also obtain a wholesale license pursuant to section 12-47-406, C.R.S.
Regulation 47-402. Confiscated Shipments.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(E), C.R.S. The purpose of this regulation is to define the Department of
Revenue’s Executive Director’s authority with respect to a prohibited delivery of alcohol beverages into
the state of Colorado.
Regulation 47-404. Foreign Trade Zones.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(K), C.R.S. The purpose of this regulation is to permit applicable stock storage in
an established foreign trade zone within the state of Colorado.
Regulation 47-406. Wholesale Dealer – Importation.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(K), C.R.S. The purpose of this regulation is to define importation requirements
and define responsible parties participating in importation.
Regulation 47-407. Liquor-Licensed Drugstore.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to clarify and establish requirements
to qualify for the liquor-licensed drugstore license.
A. In addition to the requirements of Title 12, Articles 46 and Article 47 C.R.S., liquor-licensed drugstore
licensees shall also comply with the requirements as set forth by Article 42.5 of Title 12 C.R.S., and
the Rules and Regulations of the State Board of Pharmacy.
B. It is the intent of this regulation to require liquor-licensed drugstore licensees to maintain a bona
fide pharmacy and not a mere pretext of such for obtaining a liquor-licensed drugstore license.
Liquor-licensed drugstore licensees shall conduct and maintain a bona fide drugstore operation at
all times as a condition for this class of license. Bona fide conditions shall include:
2. Prescription drugs and controlled substances are sold or dispensed pursuant to lawful
prescription orders in conformance with applicable laws and rules, during all times of
operation as described in B. 1. of this regulation.
C. A licensed pharmacist shall be an owner, an employee, or contract company within the
premises of the licensee and all records and documents regarding the ownership and/or
employment shall be made available to the State Licensing Authority or its duly authorized
representatives upon demand. If utilizing a contract company to provide pharmacy services,
the licensee maintains responsibility for all liquor laws and regulations.
D. Pursuant to section 12-47-408(2)(a)(II), C.R.S. a liquor-licensed drugstore may not sell malt,
vinous, or spirituous liquors to consumers at a price that is below the liquor-licensed
drugstore’s cost to purchase the malt, vinous, or spirituous liquors. The term “a price that is
below the liquor-licensed drugstore’s cost” as used in this paragraph is defined as the actual
proportionate invoice price charged by the wholesaler (per item), plus applicable state and
federal taxes. All invoices must clearly designate a price paid for each product, which shall not
be less than the wholesaler’s laid-in cost for each product. At no point may a liquor-licensed
drugstore receive any products from a wholesaler at less than laid-in cost.
E. Additional liquor-licensed drugstore locations:
1. After January 1, 2017, a liquor-licensed drugstore licensee may apply for additional liquorlicensed drugstore licenses as long as they meet the requirements of section 12-47-408(1)
(b)(I-IV), C.R.S. The application for an additional liquor-licensed drugstore will be a single
application form approved by the Liquor Enforcement Division. The application process will
include the transfer of ownership of at least two retail liquor stores, the change of location
to the new licensed premises and the merger and conversion of a new liquor-licensed
drugstore.
2. In determining the distance measurements for liquor-licensed drugstores, the
measurement of either 1500 feet or 3000 feet, as applicable, is defined as the straight-line
distance measured from the midpoint of the principal doorway of the proposed licensed
premises (as determined by the applicants/licensees).
3. In order for a liquor-licensed drugstore to obtain additional licenses pursuant to section 1247-408(1)(b) et al, C.R.S., the liquor-licensed drugstore must transfer ownership of at least
two retail liquor stores within the same jurisdiction where the applicant premises is located
and change the location of one of the retail liquor stores to the new liquor-licensed
drugstore location. If there are fewer than two retail liquor stores within the jurisdiction of
the applicant premises, the applicant may transfer ownership of one retail liquor store
located within the same local licensing jurisdiction, if applicable, and transfer ownership of
one or two other liquor stores, as applicable, both of which are located in a jurisdiction
adjacent to the jurisdiction where the applicant premises is located.
4. In order to qualify to apply for an additional liquor-licensed drugstore license pursuant to
section 12-47-408(1)(b) et al, C.R.S. the licensee shall provide evidence to the state and
local licensing authorities that at least twenty percent of the licensee’s gross annual income
derived from total sales during the prior twelve months at the drugstore premises for which
a new or renewal license is sought is from the sale of food items as defined by the State
Licensing Authority by rule.
“Evidence” as used in paragraph 4 is defined, at a minimum, as an affidavit from the
licensee that the requirements of paragraph 4 are met. The licensee shall produce
documents in support of the affidavit, if requested by the state and local licensing
authorities.
5. “Food items” as used in paragraph 4 is defined as any raw, cooked, or processed edible
substance, ice and beverage, other than any beverage containing alcohol, intended for use
or for sale in whole or in part for human consumption.
6. Pursuant to section 12-47-408(1)(b)(IV)(B), C.R.S., a licensee of a new or renewed
additional liquor-licensed drugstores must be open to the public. “Open to the public” as
used in this paragraph means that the licensed premises must be open to the general
public and that alcohol beverages may be purchased without any membership requirement
or added cost.
F. On or after January 1, 2017, a liquor-licensed drugstore licensee shall not purchase malt,
vinous or spirituous liquors from a wholesaler on credit and shall effect payment upon delivery
of the alcohol beverages. Allowed payments include cash, credit/debit cards, check, money
orders, certified check, EFT transfer and any other method of payment approved by the Liquor
Enforcement Division.
G. A liquor-licensed drugstore must obtain and maintain certification as a responsible vendor in
accordance with section 12-47-1001, C.R.S. In order to comply with this regulation, the liquorlicensed drugstore licensee shall complete an on-line registration with the Liquor Enforcement
Division which shall contain the following information:
1. The name of each employee who is subject to seller-server training and the date of last
training class.
2. An electronic image of the certificate or card issued to each employee by a certified
responsible vendor trainer evidencing completion of such training.
If the on-line registration process is not available, the liquor-licensed drugstore licensee is
responsible for maintaining such information until the on-line registration process is available
and shall provide such information to the state or local licensing authorities upon request.
H. Wholesalers, including brewpubs, distiller’s pubs, vintner’s restaurants and limited wineries
shall take orders for alcohol beverage sales to a liquor-licensed drugstore only from a permitted
manager of such liquor-licensed-drugstore who has a valid manager’s permit under section 1247-425, C.R.S.
Regulation 47-408. Purchases by Retailers.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-202(2)(a)(I)(O), C.R.S. The purpose of this regulation is to establish
purchase requirements for retailers.
D. Records maintained by the licensee in compliance with section 12-47-701, C.R.S. and
regulation 47-700, 1 C.C.R. 203-2 shall include all records of purchases of alcohol
beverages.
E. Purchases of malt liquor and fermented malt beverages by retailers including a retailer’s
purchase at the wholesaler’s licensed location(s) must be from the wholesaler designated
within the territory rights pursuant to section 12-47-406(1)(b)(I).
Regulation 47-409. Transportation of Alcohol Beverages.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to define a limited exception for
transporting alcohol beverages across another licensee’s licensed premises.
Regulation 47-410. Retail Warehouse Storage Permit.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(K), C.R.S. The purpose of this regulation is to establish parameters and clarify
circumstances under which licensed retailers may keep or store alcohol beverages in permitted
warehouses and limitations on the same if the retail licensee is a liquor licensed drugstore licensed under
section 12-47-408, C.R.S.
A. No alcohol beverages shall be stored or kept in or upon any premises that is not duly licensed,
however, the state licensing authority may issue a warehouse storage permit, to retail licensees
licensed pursuant to article 47 of title 12, C.R.S. for the storage only of permitted alcohol
beverages in one but not more than three (3) locations, other than the licensed premises. The
application for such permit shall specify the address of the proposed storage location and shall
include documentation that the licensee is in possession of said premises by way of ownership,
lease, or other arrangement.
3. Notwithstanding any provision of this regulation, a liquor-licensed drugstore shall not store
alcohol beverages off the licensed premises and is not eligible for a retail warehouse
storage permit pursuant to section 12-47-408(6)(a), C.R.S.
Regulation 47-412. Wholesale Warehouse or Branch Houses.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(K), C.R.S. The purpose of this regulation is to permit a manufacturer or
wholesaler to establish unlimited warehouses or branch houses for its operations, upon defined
application standards.
Regulation 47-414. Purchases by Wholesalers.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to establish purchasing requirements
for a wholesaler license when purchasing alcohol beverages from a retailer.
B. A person licensed to sell at wholesale, pursuant to articles 46 or 47 of title 12, C.R.S., may
purchase sealed alcohol beverage stock from a licensed retailer within thirty (30) days after the
expiration, or the surrender to, and cancellation by, the state or local licensing authority, of the
retailer's alcohol beverage license. Any alcohol beverages purchased from a retailer pursuant to
this regulation must be alcohol beverages that the wholesaler is authorized to sell and normally
carries as part of its alcohol beverage stock.
Regulation 47-416. Items Approved for Sale in Retail Liquor Stores.
Basis and Purpose. The statutory authority for this regulation is found at subsections 12-47-202(1)(b) and
12-47-202(2)(a)(I)(A), C.R.S. The purpose of this change to Regulation 47-416 is to bring the regulation
into conformance with the statutory provisions of section 12-47-407(1)(b), C.R.S. concerning items a retail
liquor store may sell.
Retail liquor stores may sell any non-alcohol products (unless prohibited by law or rule), but only if the
annual gross revenues from the sale of non-alcohol products does not exceed twenty (20) percent of the
retail liquor store’s total annual gross revenues.
Regulation 47-418. Restaurants.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-202(2)(a)(I)(L), C.R.S. The purpose of this regulation is to define certain
food preparation and service requirements of a restaurant licensed under section 12-47-411, C.R.S. to
sell alcohol beverages.
Regulation 47-420. Minibar Container Size.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-411(4), C.R.S. The purpose of this regulation is to define the maximum
size of an alcohol beverage product to be sold in a minibar.
Regulation 47-422. Arts License.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to define “production and
performances of an artistic or cultural nature” required to qualify for an arts license.
Regulation 47-424. Engaging in Business.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to make clear that to engage in
business with a licensed alcohol beverage wholesaler or to sell alcohol beverage stock to, or to solicit
orders for alcohol beverages from, licensed alcohol beverage retailers, an entity must be duly licensed
under the relevant licensing provisions of articles 46, 47, and/or 48 of Title 12, C.R.S.
Regulation 47-426. Delivery of Alcohol Beverages.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-46-107(1)(c),
12-47-202(1)(b), 12-47-202(2)(a)(I)(A), 12-47-407(3), and 12-47-408(3), C.R.S. The purpose of this
regulation is to permit fermented malt beverage on-off premises licensees, retail liquor stores, and liquor
licensed drug stores to deliver alcohol beverage products to consumers within the requirements,
restrictions, and limitations outlined in the regulation in accordance with the statutory provisions under
which limited retail delivery activities are authorized.
Regulation 47-428. Manufacturer Sales Rooms.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(T), C.R.S. The purpose of this regulation is to establish procedural requirements
for sales room applicants, and provide factors the licensing authority must consider when evaluating the
change for approval or rejection.
Regulation 47-432. Colorado Manufacturers – Alternating Proprietor Licensed Premises.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(Q), and 12-47-402(2.5), 12-47-403(2)(a)(I), and 12-47-415(1)(b), C.R.S. The purpose
of this regulation is to establish a mechanism under which the State Licensing Authority will approve
alternating proprietor licensed premises and the requirements for applying for and maintaining an
alternating proprietor licensed premises arrangement.
Regulation 47-500. Excise Tax Audits.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-503(2), C.R.S. The purpose of this regulation is to establish a regular audit for brewpubs,
distillery pubs, manufacturers, and wholesalers, and associated credits and liabilities consequential to this
audit.
Regulation 47-502. Excise Tax Reports.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-503(2), C.R.S. The purpose of this regulation is to establish procedures for reporting an excise
tax.
Regulation 47-503. Payment of Excise Taxes – Colorado Licensed Wineries.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-503(2), C.R.S. The purpose of this regulation is to establish an excise tax surcharge on
certain vinous liquors produced by Colorado licensed wineries and sold, offered for sale, or used in
Colorado.
Regulation 47-504. Payment of Excise Taxes by Non-licensees.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-503(2), C.R.S. The purpose of this regulation is to establish standards and procedures for
excise tax payment and collection required of certain non-licensees.
Regulation 47-506. Fees.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-501(2)-(3), C.R.S. The purpose of this regulation is to establish fees for certain applications,
notices, reports, and services.
Below are the fees set by the State Licensing Authority pursuant to sections 12-47-501(2) and 12-47501(3), C.R.S.
Alternating Proprietor Licensed Premises….......................................$150.00
Application for New License ................................................................$920.00
Application for New License with Concurrent Review.......................$1020.00
Application for Transfer License...........................................................$920.00
Application for Transfer and Conversion for an Additional
Liquor-Licensed Drugstore………… ………………………………....$1,200.00
Art Gallery Permit....................................................................................$71.25
Bed & Breakfast Permit..........................................................................$50.00
Branch Warehouse or Warehouse Storage Permit.............................$100.00
Change of Corporate or Trade Name....................................................$50.00
Change of Location ..............................................................................$150.00
Corporate/LLC Change (Per Person) .................................................$100.00
Duplicate Liquor License .......................................................................$50.00
Limited Liability Change........................................................................$100.00
Manager Permit Registration (Liquor-Licensed Drugstore)………......$100.00
Manager Registration (Hotel/Restaurant, Tavern, or
Lodging and Entertainment) ...........................................................$75.00
Master File Background .......................................................................$250.00
Master File Location Fee (Per Location) ...............................................$25.00
Modification of License Premises (City or County) ............................$150.00
New Product Registration (Per Unit) .......................................................$0.00
Optional Premises Added to H&R License (Per Unit) ........................$100.00
Retail Warehouse Storage Permit ......................................................$100.00
Wine Festival Permit ..............................................................................$25.00
Winery Direct Shipment Permit .............................................................$50.00
Subpoena Testimony (Per Hour) ..........................................................$50.00
Minimum of four (4) hours of appearance or on-call or travel time to court and mileage, meals, and
lodging at state employee per-diem rate. Actual hourly rate for all hours in excess of four (4)
hours.
Regulation 47-600. Complaints against Licensees – Suspension and Revocation of Licenses.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(E), C.R.S. The purpose of this regulation is to establish general processes and
procedures required for the licensing authority to suspend or revoke a license for violations of any law, or
rule or regulation of the state licensing authority.
Regulation 47-601. Assurance of Voluntary Compliance.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(E), C.R.S. The purpose of this regulation is to establish general processes and
procedures necessary for an assurance of voluntary compliance by a licensee for violations of certain
laws, or rules or regulations of the state licensing authority.
Regulation 47-602. Temporary-Summary Suspension.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(E), C.R.S. The purpose of this regulation is to authorize the licensing authority
with the ability to immediately suspend a license pending hearing, subject to certain standards and
process requirements.
Regulation 47-604. Compliance Check Penalties.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(E), C.R.S. The purpose of this regulation is to define standard penalties, and
mitigating and aggravating considerations, for selling an alcohol beverage to a person less than twentyone (21) years of age in the course of a compliance check procedure.
Regulation 47-605. Responsible Alcohol Beverage Vendor and Permitted Tastings by Retail
Liquor Stores and Liquor Licensed Drugstores.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-1002(2), C.R.S. The purpose of this regulation is to establish curricula
required to be considered a responsible alcohol beverage vendor.
Regulation 47-700. Inspection of the Licensed Premises.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(E), and 12-47-202(2)(a)(I)(O), C.R.S. The purpose of this regulation is to clarify the
premises, books, and records subject to investigation by the licensing authority as well as records to be
maintained by the licensee and the period of time such records shall be maintained.
B. Each licensee shall retain all books and records necessary to show fully the business
transactions of such licensee for a period of the current tax year and the three prior tax years.
“Books” and “records” includes information and documents provided in a readable
electronic/digital format, facsimile or paper.
Regulation 47-900. Conduct of Establishment.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(L), 12-47-202(2)(a)(I)(M), 12-47-202(2)(a)(I)(P), and 12-47-202(2)(a)(I)(R), C.R.S. In
accordance with the legislative declaration of section 12-47-102, C.R.S., the Colorado Liquor Code is
deemed an exercise of the police powers of the State of Colorado for the protection of the economic and
social welfare and the health, peace, and morals of the people of the State of Colorado. Regulation of the
manufacture, distribution, and sale of alcohol beverages is regulated by the Colorado Liquor Code as a
matter of statewide concern. The purpose of this regulation is to exercise proper regulation and control
over the sale of alcohol beverages, promoting the social welfare, the health, peace and morals of the
people of the State, and to establish uniform standards of decency, orderliness, and service within the
licensed industry. Additionally, Sections 14 and 16 of Article XVIII of the Constitution of Colorado do not
permit open and public consumption of marijuana and the State Licensing Authority deems liquor licensed
premises to be public places.
E. Marijuana consumption.
No person or entity licensed under Article 46, 47, or 48 of Title 12, C.R.S. shall permit the
consumption of marijuana and/or marijuana products as defined in sections 14 and 16 of
Article XVIII of the Constitution of Colorado on any licensed premises.
F. Local ordinances.
This regulation shall not be deemed to authorize or permit any conduct, behavior or attire on
licensed premises which is otherwise prohibited by any city or county ordinances.
Regulation 47-902. Sanitary Requirements.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(L), C.R.S. The purpose of this regulation is to require clean and sanitary
conditions for on-premises consumption licensees.
Regulation 47-904. Product Labeling, Substitution, Sampling and Analysis.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(M), and 12-47-202(2)(a)(I)(N), C.R.S. The purpose of this regulation is to
establish filling, labeling, and sampling and analyzing standards for alcohol beverages.
A. No licensee, for the sale of alcohol beverages for consumption on the premises where sold, shall
maintain thereon any container of alcohol beverage which contains any such substance other than
that contained at the time such container was received by or delivered to the licensee. Nothing
herein shall prohibit a licensee from using emptied liquor bottles with labels removed from filling
them with non-alcohol items (e.g. marbles, sand, salt, pepper) for the purpose of decorations or
display.
F. The manufacturer or importer of any alcohol beverage product sold in or shipped to Colorado must
register said product with the Liquor Enforcement Division prior to the date of the product's initial
intended date of sale or shipment. If required by applicable Federal laws or regulations, alcohol
beverages sold in Colorado must have obtained either a “Certificate of Label Approval” or a
“Certificate of Exemption” from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”).
Material incorporated by reference in this rule does not include later amendments to or editions
of the incorporated material. Copies of the material incorporated by reference may be obtained
by contacting the Director of the Colorado Liquor Enforcement Division of the Department of
Revenue, 1881 Pierce Street, Suite 108A, Lakewood, Colorado Tel: 303-205-2300, and copies
of the material may be examined at any state publication depository library.
Regulation 47-905. Colorado Wineries – Labeling and Records.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(N), and 12-47-202(2)(a)(I)(O), C.R.S. The purpose of this regulation is to establish
labeling and record keeping standards for Colorado wineries.
Regulation 47-906. Container Size.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to establish container size standards
for vinous or spirituous liquors, available for sale in different licensed establishments.
Regulation 47-908. Automatic and Electronic Dispensing Systems.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to establish requirements for an onpremises consumption licensee’s self-dispensing system and its operation if a licensee has a selfdispensing system on the licensed premises.
Regulation 47-910. Consumption Prohibited.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to prohibit on-premises consumption
of alcohol beverages during any time prohibited by law.
Regulation 47-912. Identification.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-901(10)(a), C.R.S. The purpose of this regulation is to define adequate
identification criteria for purposes of demonstrating age, and establish the factors of an affirmative
defense available to a licensee for an alleged sale to a minor.
A. Licensees may refuse to sell alcohol beverages to any person unable to produce adequate,
currently valid identification of age. As long as it contains a picture and date of birth, the kind and
type of identification deemed adequate shall be limited to the following:
2. An identification card issued by any state for the purpose of proof of age as in accordance with
sections 42-2-302 and 42-2-303, C.R.S.
C. The identification types defined in paragraph (A) of this regulation fulfill the requirements of a valid
identification stated in section 12-47-901(10)(a), C.R.S.
Regulation 47-913. Age of Employees.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to define permitted and prohibited
roles for a liquor licensee’s employees based upon the employee’s age.
This regulation provides guidance as to the acceptable age of employees employed in the
manufacture, sale, and/or distribution of alcohol beverages. However, nothing herein shall authorize
a licensee to permit an employee under the age of eighteen (18) to sell or serve alcohol beverages
under any circumstances, nor to permit a person at least eighteen (18) of age but less than twentyone (21) years of age to possess alcohol beverages except as part of the person’s employment
responsibilities authorized herein.
A. Liquor stores (pursuant to section 12-47-407, C.R.S.), liquor-licensed drug stores (pursuant to
section 12-47-408, C.R.S.) and taverns (pursuant to section 12-47-412, C.R.S.):
C. Retailers licensed for on-premises consumption pursuant to article 47 of title 12, C.R.S.,
except for taverns licensed under section 12-47-412, C.R.S, and special event permit
holders:
2. Employees or agents of the licensee who are at least eighteen (18) years of age may handle
and otherwise act with respect to alcohol beverages in the same manner as such person would
with other items sold at retail, as long as they are under the direct supervision of a person who
is at least 21 years of age.
Regulation 47-914. Unlicensed Possession of Beverages.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to prohibit a licensee from possessing,
maintaining, or permitting the possession on the licensed premises of any alcohol beverage that it is not
licensed to sell or possess.
Regulation 47-916. Advertising.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(H), C.R.S. The purpose of this regulation is to provide guidance regarding certain
prohibited advertising practices of malt, vinous, or spirituous liquor licensees regarding the alcohol
content of beverages sold, distributed, or dispensed on the licensed premises.
Regulation 47-918. Removal of Alcohol Beverages from Premises.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to make clear, with the limited
exceptions found in section 12-47-421, C.R.S. that knowingly permitting the removal of any alcohol
beverage from an on-premises licensee’s licensed premises is not permitted and the circumstances under
which a licensee may be charged notwithstanding the posting of signs as outlined in subsection 12-47901(9)(a)(II), C.R.S.
D. Wholesalers may remove sealed and unsealed containers of alcohol beverages from liquor
licensed premises that had been introduced during the retailer sampling.
Regulation 47-920. Solicitation of Drinks.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
and 12-47-202(2)(a)(I)(M), C.R.S. The purpose of this regulation is to prohibit the solicitation of a drink or
the purchase of a drink for the solicitor, whether the solicitor is an employee, agent, or any person on the
licensed premises.
Regulation 47-922. Gambling.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(M), and 12-47-901(5)(n), C.R.S. The purpose of this regulation is to clarify and define
prohibited and permitted activities, games, and equipment on the licensed premises concerning gambling.
Regulation 47-924. Importation and Sole Source of Supply/Brand Registration.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to establish procedures and forms
required for a party to import alcohol beverages into the state of Colorado and to require where applicable
compliance with requirements in the Federal Alcohol Administration Act.
Regulation 47-926. Interference with Officers.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to prohibit the use or threat of force
against a licensing authority employee or peace officer exercising their duties under the article.
Regulation 47-930. Testing of Alcohol Content – Malt Liquor and Fermented Malt Beverage.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(M), and 12-47-202(2)(a)(I)(S), C.R.S. The purpose of this regulation is to require
licensees to make malt liquor and fermented malt beverage available for sampling and analysis to the
Department of Revenue, Liquor Enforcement Division upon its request to assist with compliance and
enforcement of alcohol content limits on fermented malt beverages.
Regulation 47-940. Powdered Alcohol – Packaging and Labeling.
Basis and Purpose. The statutory authority for this regulation is found at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-401(2), C.R.S. The purpose of this regulation is to establish packaging
and labeling standards for powdered alcohol products.
Any manufactured package of powdered alcohol as defined in section 12-47-103(23.7), C.R.S. shall have
the following words:
THIS PRODUCT CONTAINS ALCOHOL
in a bold-face font at least ¼ inch in height, which is a part of the permanent manufactured packaging of
the powdered alcohol product.
Each package that contains powdered alcohol shall be child resistant. For the purpose of this regulation,
“child resistant’ means packaging that is:
A. Designed or constructed to be significantly difficult for children under five (5) years of age to open and
not too difficult for normal adults to use properly.
B. Resealable.
Regulation 47-942. Powdered Alcohol Regulation.
Basis and Purpose. The statutory authority for this regulation is found at subsections 12-47-202(1)(b),
12-47-202(2)(a)(I)(A), and 12-47-401(2), C.R.S. On March 15, 2015, the Federal Alcohol and Tobacco
Tax and Trade Bureau (TTB) allowed the use of powdered alcohol as a distilled spirit. The purpose of
this regulation is to establish rules and guidance regarding the manufacture, purchase, sale, possession,
and use of powdered alcohol and clarifying that because powdered alcohol is defined as a spirituous
liquor all regulations that apply to spirituous liquor apply to powdered alcohol.
A. Pursuant to section 12-47-103(36), C.R.S. Powdered alcohol is defined as a spirituous liquor;
therefore all regulations pertaining to spirituous liquor apply to powdered alcohol.
B. Powdered alcohol as defined in section 12-47-103(23.7), C.R.S. which is not manufactured and
intended for use as an alcohol beverage shall not be subject to regulations set forth in 1 C.C.R. 2032. Uses may include (but are not limited to) industrial, research hospitals, educational institutions,
and pharmaceutical or biotechnology companies conducting bona fide research.
C. Powdered alcohol sold or dispensed at a business licensed for on-premises consumption must be
reconstituted as instructed on the label prior to being served.
D. For the purpose of the Colorado Liquor Rules, 1 C.C.R. 203-2, the liquid volume of powdered alcohol
shall be the amount of liquid as directed on the manufactured packaging for each powdered alcohol
product.
Regulation 47-1000. Qualifications for Special Event Permit.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to define the types of organizations
that qualify for a special event permit.
Regulation 47-1002. Application for Special Event Permit.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to establish procedures and forms
required to issue a special event permit.
Regulation 47-1004. Special Event Permit – Non-transferable.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to make clear that a special event
permit is non-transferable, and is only valid for dates and locations specified in the application.
Regulation 47-1006. Special Event Permit – Application on School Property.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to make clear that the issuance of a
special event permit within a distance restricted (500 ft) area pertaining to school property during hours in
which no school classes are scheduled is permitted and otherwise prohibiting the same.
Regulation 47-1008. Special Event Permit – Private Residence: Multiple Use.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to allow one special event permit with
duplicate copies if the event will be conducted on a series of separate private residences.
Regulation 47-1010. Special Event Permit – Possession of Beverages.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to declare that a permittee shall only
allow the sale, possession, or consumption of alcohol beverages as defined within the permit’s terms.
Regulation 47-1012. Special Event Permit – Permitted Age of Servers.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(A), C.R.S. The purpose of this regulation is to establish age requirements for
alcohol beverage servers under a special event permit.
Regulation 47-1014. Special Event Permit – Complaint against Permittee – Cancellation –
Revocation of Permit.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(E), C.R.S. The purpose of this regulation is to establish general processes and
procedures required for the licensing authority to suspend, revoke, or deny future applications of, a
special event permit for violations of certain laws, rules, or regulations.
Regulation 47-1016. Special Event Permit – Purchase and Storage of Alcohol Beverages.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(K), C.R.S. The purpose of this regulation is to establish purchasing and storage
requirements for a special event permit.
Regulation 47-1018. Special Event Permit – Supplier Financial Assistance.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(G), C.R.S. The purpose of this regulation is to clarify permitted and prohibited
support and/or services offered by suppliers to organizations holding a special event permit.
Regulation 47-1020. Alcohol Beverage Donations.
Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(1)(b)
and 12-47-202(2)(a)(I)(G), C.R.S. The purpose of this regulation is to clarify permitted alcohol beverage
donations and associated conditions.
B. A wholesaler may donate alcohol beverages to a special event permittee at no cost if such
beverages are used for hospitality or fund raising purposes, including resale by the drink. The
wholesaler shall provide an invoice documenting the donation of such products to the
permittee and shall ensure that all applicable state excise taxes are paid pursuant to section
12-47-503, C.R.S.
E. When an event, for which the alcohol donations are solicited, is held at a retail location licensed
for on-premises consumption pursuant to article 46 or 47 of title 12, the wholesaler shall invoice
the retailer at no cost for alcohol beverage products intended for the event, if the retail licensee
consents to such an arrangement. Any such donated product which is unused must be returned
by the retailer to the wholesaler as soon as practicable after the event. If the unused product is
not returned, then the wholesaler must charge the retailer at least the minimum of cost for those
products. The retail value of any donation from a retailer licensed for off-premises consumption to
a non-profit event held at a retail location licensed for on-premises consumption will count against
the on-premises licensee’s statutory dollar limit of alcohol purchased from an off-premises retailer.
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00527
Opinion of the Attorney General rendered in connection with the rules adopted by the
Division of Liquor Enforcement
on 11/18/2016
1 CCR 203-2
LIQUOR CODE
The above-referenced rules were submitted to this office on 11/18/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:49:02
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Revenue
Agency
Division of Motor Vehicles
CCR number
1 CCR 204-10
Rule title
1 CCR 204-10 TITLE AND REGISTRATION SECTION 1 - eff 12/30/2016
Effective date
12/30/2016
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REVENUE
Division of Motor Vehicles – Title and Registration Sections
1 CCR 204-10
RULE 34. DEALER ISSUED TEMPORARY REGISTRATION PERMITS
Basis: The statutory bases for this rule are 24-72.1-102, 42-1-204 and 42-3-203, C.R.S.
Purpose: The following rule is promulgated to establish criteria for the issuance of Temporary
Registration Permits by Licensed Colorado Motor Vehicle Dealers.
1.0
Definitions
1.1
“Licensed Colorado Motor Vehicle Dealer” or “Dealer” means the same as defined in
section 42-6-102(2), C.R.S.
1.2
“Mounting Boards” means the Department approved device that a printed Temporary
Registration Permit is affixed to.
1.3
“Temporary Registration Permit” or “Temporary Registration Number Plate and
Certificate” means the Department approved form that is printed when performing a
Temporary Registration Permit Issuance transaction on the Approved Vendor System that
when affixed to a Mounting Board and mounted to a vehicle provides evidence that the
vehicle has been issued a temporary registration.
1.4
“Approved Vendor System” means the Department approved vendor hosted system
provided to a Dealer for the performance of Temporary Registration Permit transactions.
1.5
“Secure and Verifiable Identification” or “SVID” means an identification document issued
by a state or federal jurisdiction or recognized by the United States Government and that
is verifiable by federal or state law enforcement, intelligence, or homeland security
agencies.
2.0
Requirements
2.1
Dealer issued Temporary Registration Permits must be processed and issued through the
Approved Vendor System. A Dealer must register its dealership and each individual
authorized user in the Approved Vendor System. A Dealer must not issue Temporary
Registration Permits unless registered in the Approved Vendor System.
2.2
A Dealer whose license is inactive, suspended, or revoked must not issue Temporary
Registration Permits.
2.3
A Temporary Registration Permit is only valid if issued through the Approved Vendor
System and affixed to a Mounting Board.
2.4
Dealers must purchase Mounting Boards directly from a Department authorized Mounting
Board vendor(s). A Dealer must only use Department approved Mounting Boards for
affixing Temporary Registration Permits.
2.5
Upon the sale of a motor vehicle, the Dealer shall:
a.
Perform the Temporary Registration Permit issuance transaction in the Approved
Vendor System;
b.
Print the Temporary Registration Permit generated by the Approved Vendor System;
c.
Print the Colorado registration receipt generated by the Approved Vendor System ;
d.
Affix the printed Temporary Registration Permit to a Mounting Board;
e.
Affix the Mounting Board with the Temporary Registration Permit according to statute;
and
f.
Provide the printed Colorado registration receipt to the purchaser.
2.6
A Dealer must verify the purchaser(s) SVID prior to the issuance of a Temporary
Registration Permit.
2.7
If the Temporary Registration Permit and/or Mounting Board are damaged during issuance,
the Dealer may issue a corrected Temporary Registration Permit through the Approved
Vendor System. The Dealer must destroy the original Temporary Registration Permit and
Mounting Board to render it unreadable and unusable.
2.8
A Temporary Registration Permit is valid for up to sixty (60) days from the date of
sale/issuance. A Temporary Registration Permit cannot not expire on a Saturday,
Sunday, or legal holiday. If the sixtieth day falls on a Saturday, Sunday, or legal holiday,
the Temporary Registration Permit will expire on the first weekday prior to the Saturday,
Sunday, or legal holiday.
2.9
A Temporary Registration Permit is not renewable, but when circumstances outlined in
section 42-3-203(3)(d), C.R.S., are met, the Dealer may issue a second Temporary
Registration Permit pursuant to the requirements in this rule.
2.10 A Dealer must not place hand written markings, stickers, items, decorations, decals, or
other markings on the printed Temporary Registration Permit and/or Mounting Board.
Mounting frames must not obstruct any portion of or otherwise render the Temporary
Registration Permit unreadable pursuant to in section 42-3-202(2)(b), C.R.S.
2.11 A Dealer must not alter the printing of the Temporary Registration Permit by resizing it,
rotating it, or by any other alteration. Altering the printing of the Temporary Registration
Permit will render it invalid.
2.12 A Temporary Registration Permit must not be issued to vehicles sold as “Tow Away” or to
vehicles that are not roadworthy. A Temporary Registration Permit must not be used to
demonstrate, transport, or deliver vehicles.
2.13 Dealers must ensure that the Approved Vendor System is secure and accessible only by
authorized users. Dealers must meet all training and system requirements to use the
Approved Vendor System.
2.14 Dealers are required to select a payment plan with the Approved Vendor System vendor
and must pay the vendor based on the payment plan selected. Dealers who fail to timely
pay the vendor will be denied access to the Approved Vendor System.
2.15 Mounting Boards must be kept in a secure location. Dealers must file a police report with
local law enforcement within twenty-four (24) hours of discovering that a Mounting Board(s)
has been lost or stolen. A copy of the police report must be supplied to the Department.
2.16 All Mounting Boards must be surrendered immediately to the Department of Revenue,
Enforcement Business Group, Auto Industry Division, when a Dealer’s license has been
suspended or revoked.
2.17 After notice and hearing conducted pursuant to 24-4-104 and 24-4-105, C.R.S., a Dealer
found to have violated this rule may have its privilege of issuing Temporary Registration
Permits suspended or revoked.
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00404
Opinion of the Attorney General rendered in connection with the rules adopted by the
Division of Motor Vehicles
on 11/15/2016
1 CCR 204-10
TITLE AND REGISTRATION SECTION
The above-referenced rules were submitted to this office on 11/22/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:52:23
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Education
Agency
Colorado State Board of Education
CCR number
1 CCR 301-46
Rule title
1 CCR 301-46 RULES FOR THE ADMINISTRATION OF THE COLLEGE ENTRANCE
EXAM 1 - eff 12/30/2016
Effective date
12/30/2016
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF EDUCATION
Colorado State Board of Education
RULES FOR THE ADMINISTRATION OF THE COLLEGE ENTRANCE EXAM
1 CCR 301-46
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
1.00 STATEMENT OF BASIS AND PURPOSE.
These rules were amended and combined with 1 CCR 301-54 Rules for the Administration of the ACT
Assessment on a National Test Date to reflect the amendments of HB 15-1323. The statutory basis for
these rules is found in §22-2-106(1)(a) and (c), C.R.S., State Board Duties; §22-2-107(1)(c), State Board
Powers; and §22-7-1006.3 State assessments – administration – rules.
1.01 STATEMENT OF BASIS AND PURPOSE. The statutory basis for amendments to these rules
adopted in 2016 is §22-7-1006.3, C.R.S. following the passage of H.B. 15-1323. H.B. 15-1323 made
numerous amendments to the administration of state assessments, including the college entrance exam.
Specifically, §22-7-1006.3(2)(c)(II), C.R.S. allows any student who shows a need to take the college
entrance exam on a date on which the exam is administered throughout the country may take the exam
on such a date, prior to the date established by the department pursuant to §22-7-1006.3(2)(c)(I), C.R.S.
The Department shall pay all costs associated with a student taking the college entrance exam pursuant
to §22-7-1006.3(2)(c)(II), C.R.S. In addition, the State Board is required to adopt rules pursuant to §22-71006.3(2)(d) to ensure that any requirements of the administrator of the college entrance exam, such as a
secure environment, are met and to identify the level of need that a student must demonstrate to take the
college entrance exam on a date on which the exam is administered throughout the country.
2.00 Definitions.
2.01 “Students” means public school 11th grade students eligible to take the college entrance exam.
2.02 “College entrance exam” means the assessment identified in Section 22-7-1006.3(2)(b), C.R.S.
2.03 “Department” means the Colorado Department of Education.
2.04 “Department-designated dates” means days scheduled by the Colorado Department of Education
for the administration of the college entrance exam across Colorado.
2.05 “Legitimate instructional or curricular activities” means any activity of an educational nature with
curricular or instructional value. This would include the need to take the college entrance exam on
a national test day in order to comply with certain scholarship programs.
3.00 Students Eligible to Take the College Entrance Exam on a National Test Date.
3.01 Students eligible to take the college entrance exam on a nationally established test date shall take
the exam according to all rules and policies established annually by the vendor of the college
entrance exam.
3.02 Eligible students are students unable to take the college entrance exam on either of the Departmentdesignated school dates due to conflicts with legitimate instructional, curricular, or other activities,
as determined by the Department; or
Code of Colorado Regulations
1
3.03 Students who are unable to take the college entrance exam on either of the Department-designated
school dates due to religious holidays; or
3.04 Students attending online schools full-time which are unable to establish secure testing sites.
3.05 On or before December 31st of each calendar year, the Department shall schedule a date by which
each school must submit a number of students meeting the requirements to receive a voucher to
take the college entrance exam on a national test date. At a local level, schools will maintain a
roster of students who have met the requirements to take the college entrance exam on a
national test date. This roster will include student name, student state identifier, district name,
district state identifier, school name, school state identifier, birthdate and the justification for the
need to take the college entrance exam on a national test date in place of the Departmentdesignated dates. Rosters will be provided to the Department upon its request. Vendor-provided
vouchers for payment for the college entrance exam will be issued for Department-approved
students. Vouchers will be good for at least one national test date occurring prior to the
Department-designated dates.
4.00 College Entrance Exam Administrator Requirements.
4.01 Administrative Requirements
Test administrators, test supervisors, and test proctors must:
4.01(1) Administer the college entrance exam using the correct testing materials;
4.01(2) Not allow students to select their own seats;
4.01(3) Follow scripts exactly. Prompting of correct responses to students is prohibited;
4.01(4) Remain alert and vigilant at all times during testing;
4.01(5) Not engage in activities that are not related to testing, such as eating or drinking, talking on
phones (prohibited for all staff as well as students), using a computer, or grading papers;
4.01(6) Ensure that at least one staff member trained in the vendor administration and security
procedures is in the testing room at all times;
4.01(7) Not copy or otherwise reproduce (e.g. take a picture of, copy by hand, type, text) any part
of secure test materials including test stimuli, test items, and student responses or save
any part of the assessments;
4.01(8) Not discuss, memorize, photocopy, scan, encode, email, take notes, text, blog, or
communicate via other forms of social networking, or reproduce using any other
methodology;
4.01(9) Ensure that students do not use calculators, phones, or prohibited aids during breaks;
4.01(10) Monitor test materials at all times; do not leave them unattended with students under any
circumstances;
4.01(11) Guard against test materials being removed from the room;
4.01(12) Immediately report significant problems or events that interfere with specific testing
procedures or that compromise test security, either before or on the test date; and
Code of Colorado Regulations
2
4.01(13) Participate in resolving in a timely manner any testing irregularities with the administrator of
the college entrance exam and the Department.
4.02 Material Requirements
4.02(1) Test materials shipment must be checked and counted within 24 hours of delivery to make
sure all items are accounted for. After the shipment has been validated, test materials
must be re-packaged and cartons must be resealed for storage until the test date.
4.01(2) Materials must be stored in a secure, locked location with access to the storage area limited
to no more than three authorized individuals.
4.02(3) School staff members who are relatives of students taking the college entrance exam must
not have access to testing materials at any time.
4.02(4) Materials must be tracked via a documented chain of custody using a written checkout/check-in procedure.
4.02(5) Materials must not be copied or otherwise reproduced (e.g. taken a picture of, copied by
hand, typed, texted) in whole or in part including test stimuli, test items, and student
responses, nor may any part of the assessments be saved.
4.02(6) Materials must not be removed from the school.
4.02(7) Materials must not be stored at home/residence, in a vehicle or in a classroom.
4.02(8) Materials must be stored securely until pickup.
4.02(9) Answer documents and other testing materials must be returned to the vendor according to
the procedures and deadlines established annually by the Department.
4.03 Visitor Requirements
4.03(1) Staff from the vendor or Department may visit schools the day of the test or the week
preceding it. These visitors will have identification and a letter of authorization from the
vendor or the Department. No other visitors are allowed in the testing rooms or access to
testing materials.
4.03(2) If the media are present during a test, they must remain outside of the building. At no time
may media have access to testing materials.
_________________________________________________________________________
Editor’s Notes
History
Entire rule eff. 07/30/2010.
Code of Colorado Regulations
3
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00472
Opinion of the Attorney General rendered in connection with the rules adopted by the
Colorado State Board of Education
on 11/09/2016
1 CCR 301-46
RULES FOR THE ADMINISTRATION OF THE COLLEGE ENTRANCE EXAM
The above-referenced rules were submitted to this office on 11/10/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 22, 2016 16:04:30
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Education
Agency
Colorado State Board of Education
CCR number
1 CCR 301-54
Rule title
1 CCR 301-54 RULES FOR THE ADMINISTRATION OF THE ACT ASSESSMENT ON
A NATIONAL TEST DATE 1 - eff 12/30/2016
Effective date
12/30/2016
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF EDUCATION
Colorado State Board of Education
RULES FOR THE ADMINISTRATION OF THE COLLEGE ENTRANCE EXAM
1 CCR 301-46
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
1.00 STATEMENT OF BASIS AND PURPOSE.
These rules were amended and combined with 1 CCR 301-54 Rules for the Administration of the ACT
Assessment on a National Test Date to reflect the amendments of HB 15-1323. The statutory basis for
these rules is found in §22-2-106(1)(a) and (c), C.R.S., State Board Duties; §22-2-107(1)(c), State Board
Powers; and §22-7-1006.3 State assessments – administration – rules.
1.01 STATEMENT OF BASIS AND PURPOSE. The statutory basis for amendments to these rules
adopted in 2016 is §22-7-1006.3, C.R.S. following the passage of H.B. 15-1323. H.B. 15-1323 made
numerous amendments to the administration of state assessments, including the college entrance exam.
Specifically, §22-7-1006.3(2)(c)(II), C.R.S. allows any student who shows a need to take the college
entrance exam on a date on which the exam is administered throughout the country may take the exam
on such a date, prior to the date established by the department pursuant to §22-7-1006.3(2)(c)(I), C.R.S.
The Department shall pay all costs associated with a student taking the college entrance exam pursuant
to §22-7-1006.3(2)(c)(II), C.R.S. In addition, the State Board is required to adopt rules pursuant to §22-71006.3(2)(d) to ensure that any requirements of the administrator of the college entrance exam, such as a
secure environment, are met and to identify the level of need that a student must demonstrate to take the
college entrance exam on a date on which the exam is administered throughout the country.
2.00 Definitions.
2.01 “Students” means public school 11th grade students eligible to take the college entrance exam.
2.02 “College entrance exam” means the assessment identified in Section 22-7-1006.3(2)(b), C.R.S.
2.03 “Department” means the Colorado Department of Education.
2.04 “Department-designated dates” means days scheduled by the Colorado Department of Education
for the administration of the college entrance exam across Colorado.
2.05 “Legitimate instructional or curricular activities” means any activity of an educational nature with
curricular or instructional value. This would include the need to take the college entrance exam on
a national test day in order to comply with certain scholarship programs.
3.00 Students Eligible to Take the College Entrance Exam on a National Test Date.
3.01 Students eligible to take the college entrance exam on a nationally established test date shall take
the exam according to all rules and policies established annually by the vendor of the college
entrance exam.
3.02 Eligible students are students unable to take the college entrance exam on either of the Departmentdesignated school dates due to conflicts with legitimate instructional, curricular, or other activities,
as determined by the Department; or
Code of Colorado Regulations
1
3.03 Students who are unable to take the college entrance exam on either of the Department-designated
school dates due to religious holidays; or
3.04 Students attending online schools full-time which are unable to establish secure testing sites.
3.05 On or before December 31st of each calendar year, the Department shall schedule a date by which
each school must submit a number of students meeting the requirements to receive a voucher to
take the college entrance exam on a national test date. At a local level, schools will maintain a
roster of students who have met the requirements to take the college entrance exam on a
national test date. This roster will include student name, student state identifier, district name,
district state identifier, school name, school state identifier, birthdate and the justification for the
need to take the college entrance exam on a national test date in place of the Departmentdesignated dates. Rosters will be provided to the Department upon its request. Vendor-provided
vouchers for payment for the college entrance exam will be issued for Department-approved
students. Vouchers will be good for at least one national test date occurring prior to the
Department-designated dates.
4.00 College Entrance Exam Administrator Requirements.
4.01 Administrative Requirements
Test administrators, test supervisors, and test proctors must:
4.01(1) Administer the college entrance exam using the correct testing materials;
4.01(2) Not allow students to select their own seats;
4.01(3) Follow scripts exactly. Prompting of correct responses to students is prohibited;
4.01(4) Remain alert and vigilant at all times during testing;
4.01(5) Not engage in activities that are not related to testing, such as eating or drinking, talking on
phones (prohibited for all staff as well as students), using a computer, or grading papers;
4.01(6) Ensure that at least one staff member trained in the vendor administration and security
procedures is in the testing room at all times;
4.01(7) Not copy or otherwise reproduce (e.g. take a picture of, copy by hand, type, text) any part
of secure test materials including test stimuli, test items, and student responses or save
any part of the assessments;
4.01(8) Not discuss, memorize, photocopy, scan, encode, email, take notes, text, blog, or
communicate via other forms of social networking, or reproduce using any other
methodology;
4.01(9) Ensure that students do not use calculators, phones, or prohibited aids during breaks;
4.01(10) Monitor test materials at all times; do not leave them unattended with students under any
circumstances;
4.01(11) Guard against test materials being removed from the room;
4.01(12) Immediately report significant problems or events that interfere with specific testing
procedures or that compromise test security, either before or on the test date; and
Code of Colorado Regulations
2
4.01(13) Participate in resolving in a timely manner any testing irregularities with the administrator of
the college entrance exam and the Department.
4.02 Material Requirements
4.02(1) Test materials shipment must be checked and counted within 24 hours of delivery to make
sure all items are accounted for. After the shipment has been validated, test materials
must be re-packaged and cartons must be resealed for storage until the test date.
4.01(2) Materials must be stored in a secure, locked location with access to the storage area limited
to no more than three authorized individuals.
4.02(3) School staff members who are relatives of students taking the college entrance exam must
not have access to testing materials at any time.
4.02(4) Materials must be tracked via a documented chain of custody using a written checkout/check-in procedure.
4.02(5) Materials must not be copied or otherwise reproduced (e.g. taken a picture of, copied by
hand, typed, texted) in whole or in part including test stimuli, test items, and student
responses, nor may any part of the assessments be saved.
4.02(6) Materials must not be removed from the school.
4.02(7) Materials must not be stored at home/residence, in a vehicle or in a classroom.
4.02(8) Materials must be stored securely until pickup.
4.02(9) Answer documents and other testing materials must be returned to the vendor according to
the procedures and deadlines established annually by the Department.
4.03 Visitor Requirements
4.03(1) Staff from the vendor or Department may visit schools the day of the test or the week
preceding it. These visitors will have identification and a letter of authorization from the
vendor or the Department. No other visitors are allowed in the testing rooms or access to
testing materials.
4.03(2) If the media are present during a test, they must remain outside of the building. At no time
may media have access to testing materials.
_________________________________________________________________________
Editor’s Notes
History
Entire rule eff. 07/30/2010.
Code of Colorado Regulations
3
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00473
Opinion of the Attorney General rendered in connection with the rules adopted by the
Colorado State Board of Education
on 11/09/2016
1 CCR 301-54
RULES FOR THE ADMINISTRATION OF THE ACT ASSESSMENT ON A NATIONAL TEST DATE
[Repealed eff. 12/30/2016]
The above-referenced rules were submitted to this office on 11/10/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 21, 2016 11:45:28
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Natural Resources
Agency
Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-1
Rule title
2 CCR 406-1 CHAPTER W-1 - FISHING 1 - eff 04/01/2017
Effective date
04/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
FILE - 11/30/2016
FINAL REGULATIONS - CHAPTER W-1 FISHING
ARTICLE II - SPECIAL REGULATION WATERS
#108 – Special Daily Bag and Possession Limits, Size Restrictions, and Other WaterSpecific Provisions
A. Various cutthroat waters, specifically those considered Cutthroat Conservation and
Recreation waters, are protected throughout the state as listed below. In those
waters:
1. Fishing is by artificial flies and lures only. All cutthroat trout must be returned to
the water immediately upon catch.
Note: This is to accommodate the growing number of cutthroat trout streams and
lakes that are being included in conservation and recovery actions according
to management plans.
B. In place of or in addition to regulations # 101, 103, 104, 105, 106, 107 (bag and
possession limits, manner of take, fishing dates, fishing hours, special conditions and
restrictions, or other fishing activities), and 108 A, the following regulations apply to
the named waters:
176.
Herman Gulch Clear Creek County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
177.
Hermosa Creek - La Plata and San Juan Counties
a. From the headwaters downstream to the confluence with East Cross
Creek:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
178.
Hermosa Creek, East Fork - La Plata County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
179.
Hidden Lakes - Lake County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
180.
Highline Reservoir - Mesa County
a. The bag and possession limit and minimum size for largemouth bass is
two fish, 15 inches in length.
181.
Himes Creek - Mineral County
1
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
182.
Hine Lake - Jefferson County
a. The minimum size for largemouth bass is 18 inches in length.
183.
Hohnholz Lake #3 - Larimer County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is four fish.
184.
Holyoke City Lake (Lions Club Fishing Hole) - Phillips County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
185.
Homestake Conveyance Channel (Spinney Mountain Reservoir inlet
ditch) - Park County
a. Fishing is prohibited.
186.
Horse Creek Reservoir (Timber Lake) - Bent and Otero Counties
a. Trotlines and jugs are permitted.
187.
Horseshoe Reservoir - Huerfano County
a. The minimum size for largemouth, smallmouth, and spotted bass is 15
inches in length.
188.
Horsetooth Reservoir - Larimer County
a. Fishing is prohibited in the inlet area as posted from March 15 through
May 31.
b. The minimum size for smallmouth bass is 12 inches in length.
189.
Hotel Draw - San Juan County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
190.
Hudson Town Pond - Weld County
a. The bag and possession limit and minimum size for largemouth and
smallmouth bass is one fish in the aggregate, 15 inches in length.
191.
Huerfano River - Huerfano County
a. From the headwaters downstream to the US Forest Service boundary:
1. Fishing is by artificial flies or artificial lures only.
2. The bag and possession limit for trout is two fish.
192.
Hunt Lake - Chaffee County
2
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
193.
Illinois River - Jackson County
a. Within the Diamond J State Wildlife Area:
1. Fishing is by artificial flies or artificial lures only.
2. The bag and possession limit for trout is two fish.
194.
Jackson Lake (Reservoir) - Morgan County
a. Ice fishing shelters must be portable.
b. The minimum size for walleye and saugeye is 15 inches in length.
c. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
d. The minimum size for wipers is 15 inches in length.
e. The minimum size for crappie is 10 inches in length.
f. Fishing in the outlet ditch immediately below the dam around the rotary
screen structure is prohibited.
195.
Jayhawker Ponds - Larimer County
a. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
b. The bag and possession limit for yellow perch is 5 fish.
196.
Jerry Creek Reservoirs #1 and #2 - Mesa County
a. Fishing is by artificial flies and lures only. Scented flies or scented lures
may be used on this water if they are 1.5 inches or longer.
b. All fish must be returned to the water immediately upon catch.
c. Use of float tubes with chest-high waders is allowed.
197.
Jim Creek - Conejos County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
198.
Joe Wright Creek - Larimer County
a. From the confluence with Joe Wright Reservoir upstream to Colo 14:
1. Fishing is prohibited from January 1 through July 31.
2. Fishing is by artificial flies and lures only.
199.
Joe Wright Reservoir - Larimer County
a. Fishing is by artificial flies and lures only.
200.
John Martin Reservoir - Bent County
a. Trotlines and jugs are permitted.
201.
Johnstown Reservoir - Weld County
a. The minimum size for walleye and saugeye is 15 inches in length.
3
b. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
c. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
d. The minimum size for crappie is 10 inches in length.
202.
Jumbo (Julesburg) Reservoir - Logan and Sedgwick Counties
a. The minimum size for walleye and saugeye is 15 inches in length.
b. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
c. The minimum size for wipers is 15 inches in length.
d. The minimum size for crappie is 10 inches in length.
203.
Juniata Reservoir - Mesa County
a. Fishing is by artificial flies and lures only. Scented flies or scented lures
may be used on this water if they are 1.5 inches or longer.
b. All largemouth bass between 12 and 15 inches in length must be
returned to the water immediately upon catch. No more than two
largemouth bass in any bag and possession limit may be greater than 15
inches in length.
204.
Kelly Lake - Jackson County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is two fish.
205.
Kelso Creek - Mesa County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
206.
Kenney Reservoir - Rio Blanco County
a. There is no bag or possession limit for channel catfish, largemouth bass,
smallmouth bass, northern pike, walleye, green sunfish, bluegill,
bullhead, yellow perch or crappie.
207.
Kerr Lake - Conejos County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is two fish.
208.
Ketner Lake - Jefferson County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
209.
Kingfisher Pond (Fort Collins Environmental Learning Center) - Larimer
County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
210.
Kinney Creek (3 miles east of Hot Sulphur Springs) - Grand County
4
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
211.
KOA Lake - Boulder County
a. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
212.
La Plata River - La Plata County
a. From the US 160 bridge downstream to the state line:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
213.
Lagerman Reservoir - Boulder County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
214.
Lake Arbor - Jefferson County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
b. The minimum size for walleye and saugeye is 15 inches in length.
c. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
215.
Lake Creek - Hinsdale County
a. From Big Emerald Lake inlet upstream for ½ mile:
1. Fishing prohibited from January 1 through July 15.
216.
Lake Dorothey - Las Animas County
a. Within the Lake Dorothey State Wildlife Area, including Schwachheim
Creek and all other drainages into the lake:
1. Fishing is by artificial flies and lures only.
217.
Lake Fork Creek - Lake County
a. From the headwaters downstream to the confluence with Glacier Creek:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
218.
Lake Granby - Grand County
a. The bag and possession limit for lake trout is four fish.
b. From January 1 through August 31, the bag and possession limit for trout
(except lake trout) and kokanee salmon is four fish, singly or in
aggregate.
c. From September 1 through December 31, the bag and possession limit
for trout (except lake trout) is four fish, singly or in aggregate.
5
d. From September 1 through December 31, the bag and possession limit
for kokanee salmon is 10 fish.
e. Snagging of kokanee salmon is permitted in Lake Granby only from
September 1 through December 31 except snagging is prohibited in
Columbine Bay from the inlet of Twin Creek upstream.
f. Gaffs and tail snares are prohibited.
g. Ice fishing shelters must be portable.
h. In Columbine Bay from the inlet of Twin Creek upstream:
1. Fishing is prohibited from October 1 through December 31.
219.
Lake John - Jackson County
a. The bag and possession limit for trout is four fish.
220.
Laramie River - Larimer County
a. Within the Hohnholz State Wildlife Area:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
221.
Laskey Gulch - Summit County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
222.
Lester Creek - Routt County
a. For ¼ mile upstream and ¼ mile downstream from Pearl Lake:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit and minimum size for trout is two fish,
18 inches in length.
223.
Lon Hagler Reservoir - Larimer County
a. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
b. Only one channel catfish in bag or possession may be greater than 20
inches.
224.
Lone Pine Creek - Larimer County
a. From Parvin Lake upstream to Larimer Co Rd 74E (Red Feather Lakes
Rd):
1. Fishing is prohibited, as posted.
225.
Lonetree Reservoir - Larimer County
a. The bag and possession limit and minimum size for largemouth and
smallmouth bass is one fish in the aggregate, 15 inches in length.
b. The minimum size for walleye and saugeye is 15 inches in length.
c. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
226.
Long Draw Reservoir - Larimer County
a. Fishing is by artificial flies and lures only.
6
b. The bag and possession limit for trout is two fish.
227.
Los Pinos Creek - Saguache County
a. On that portion within the Cochetopa State Wildlife Area (Snyder Ranch):
1. Fishing is by artificial flies and lures only.
2. All fish must be returned to the water immediately upon catch.
228.
Los Pinos River - Hinsdale and La Plata Counties
a. From the headwaters downstream to the Weminuche Wilderness
boundary:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
b. From the US 160 bridge in Bayfield downstream to Navajo Reservoir:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
229.
Lost Trail Creek - Gunnison County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
230.
Lowell Ponds - Adams County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
231.
Mack Mesa Reservoir - Mesa County
a. The bag and possession limit and minimum size for largemouth bass is
two fish, 15 inches in length.
232.
Mad Creek - Routt County
a. The bag limit for whitefish is four fish.
b. The possession limit for whitefish is eight fish.
233.
Mancos River - Montezuma County
a. From the US 160 bridge in Mancos downstream to the state line:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
234.
Martin Lake - Huerfano County
a. The minimum size for largemouth, smallmouth, and spotted bass is 15
inches in length.
235.
May Creek - Larimer County
a. From the headwaters downstream to the confluence with the Poudre
River:
1. Fishing is by artificial flies and lures only.
7
2. All trout must be returned to the water immediately upon catch.
236.
Mead Ponds - Weld County
a. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
237.
McElmo Creek - Montezuma County
a. From the US 160 bridge east of Cortez downstream to the state line:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
238.
McKay Lake - Adams County
a. Fishing is by artificial flies and lures only. Scented flies or scented lures
may be used on this water if they are 1.5 inches or longer.
b. All largemouth bass must be returned to the water immediately upon
catch.
239.
McMurry Ponds - Larimer County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
240.
McPhee Reservoir - Montezuma County
a. All largemouth and smallmouth bass between 10 and 15 inches in length
must be returned to the water immediately upon catch.
b. Snagging of kokanee salmon is permitted from September 1 through
December 31.
c. There is no bag or possession limit for walleye.
241.
Meadow Creek - Eagle County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
242.
Meadow Creek, East - Eagle County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
243.
Medano Creek - Saguache and Alamosa Counties
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
244.
Medano Creek, Hudson Branch - Saguache County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
245.
Medano Creek, Little - Saguache County
8
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
246.
Meredith Reservoir - Crowley County
a. Trotlines and jugs are permitted.
247.
Michigan River - Jackson County
a. Within the Brownlee, Murphy, and Diamond J State Wildlife Areas:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
248.
Middle Creek, East - Saguache County
a. From the headwaters downstream to the waterfall approximately 2.5
miles upstream from the confluence with Middle Creek:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
249.
Miners Creek - Saguache County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
250.
Mitchell Creek - Garfield County
a. From the headwaters downstream to the upper boundary of the
Glenwood Springs Fish Hatchery:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
251.
Montgomery Reservoir - Park County
a. Ice fishing is prohibited.
b. Fishing is prohibited from December 1 through May 31.
c. On the south side of the reservoir and from the west face of the dam:
1. Fishing is prohibited, as posted.
252.
Monument Reservoir - Las Animas County
a. Snagging of kokanee salmon is permitted from October 1 through
December 31.
253.
Morrison Creek - Routt County
a. The bag limit for whitefish is four fish.
b. The possession limit for whitefish is eight fish.
254.
Morrow Point Reservoir - Gunnison and Montrose Counties
a. Snagging of kokanee salmon is permitted September 1 through
December 31.
9
255.
Mount Elbert Forebay Reservoir - Lake County
a. The bag and possession limit for lake trout is one fish. All lake trout
between 22 and 34 inches in length must be returned to the water
immediately upon catch.
256.
Muddy Creek - San Miguel County
a. From the headwaters downstream to Woods Lake:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
257.
Muddy Creek, Little - Grand County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
258.
Nash Creek - Dolores County
a. From Groundhog Reservoir upstream for ½ mile:
1. Fishing is prohibited from April 15 through July 15.
259.
Nate Creek - Ouray County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
260.
Native Lake - Lake County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
261.
Navajo Lake - Dolores County
a. Fishing is by artificial flies and lures only.
262.
Navajo Reservoir - Archuleta County
a. Trotlines are permitted.
263.
Navajo River - Archuleta and Conejos Counties
a. From the headwaters downstream to Bridal Veil Falls:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
b. From the Oso Diversion Dam downstream to the state line:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
264.
Nee Gronda Reservoir - Kiowa County
a. Trotlines and jugs are permitted.
10
265.
Nee Noshe Reservoir - Kiowa County
a. Trotlines and jugs are permitted.
266.
Nee So Pah Reservoir (Sweetwater and Jet) - Kiowa County
a. Trotlines and jugs are permitted.
267.
Newlin Creek - Custer and Fremont Counties
a. From the headwaters downstream to the US Forest Service boundary:
1. Fishing is prohibited.
268.
Nickelson Creek - Pitkin County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
269.
No Name Creek - Garfield County
a. From the confluence with the Colorado River upstream for ½ mile:
1. Fishing is prohibited from March 15 through May 15 and from
October 1 through November 30.
270.
Nolan Creek - Eagle County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
271.
North Lake State Wildlife Area - Las Animas County
a. Fishing is by artificial flies and lures only.
272.
North Platte River - Jackson County
a. Within the Brownlee II or Verner State Wildlife Areas:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
b. From the southern boundary of the Routt National Forest downstream to
the Wyoming state line (Northgate Canyon):
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
273.
North Platte River, North Fork - Jackson County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is two fish.
274.
North Shields Ponds - Larimer County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
275.
North Sterling Reservoir - Logan County
a. The minimum size for walleye and saugeye is 15 inches in length.
11
b. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
c. The minimum size for wipers is 15 inches in length; only one wiper may
be greater than 25 inches in length.
d. The minimum size for smallmouth bass is 12 inches in length.
e. The minimum size for largemouth bass is 15 inches in length.
f. The minimum size for crappie is 10 inches in length.
276.
North Taylor Creek - Custer County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
277.
Northwater Creek - Garfield County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
278.
Old Dillon Reservoir - Summit County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit and minimum size for golden trout is
one fish, 16 inches in length.
279.
Osier Creek - Conejos County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
280.
Overland Trail Pond - Logan County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
281.
Paonia Reservoir (Muddy Creek) - Gunnison County
a. From the top of Paonia Dam downstream to the boundary fence below
the stilling basin:
1. Fishing is prohibited, as posted.
282.
Parachute Creek, East Fork - Garfield County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
283.
Parachute Creek, East Middle Fork - Garfield County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
284.
Parvin Lake - Larimer County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is two fish.
c. In the inlet stream (Lone Pine Creek) upstream to Larimer Co Rd 74E
(Red Feather Lakes Rd):
1. Fishing is prohibited, as posted.
12
285.
Pass Creek - Mineral County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
286.
Pasture Creek - La Plata and San Juan Counties
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
287.
Pearl Lake - Routt County - Including the inlet stream for ¼ mile above
the inlet and the outlet stream for ¼ mile below the outlet:
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit and minimum size for trout is two fish, 18
inches in length.
288.
Pella Crossing Recreation Area Ponds (All Ponds) - Boulder County
a. Fishing is by artificial flies and lures only. Scented flies or scented lures
may be used on this water if they are 1.5 inches or longer.
b. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
289.
Petty Creek - San Juan County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
290.
Piedra River - Archuleta County
a. From the Piedra River bridge on USFS 631 (Piedra Road) downstream
to the lower boundary of the Tres Piedra Ranch (1.5 miles above US
160):
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
b. From the US 160 bridge downstream to Navajo Reservoir:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
291.
Piedra River, East Fork - Hinsdale and Mineral Counties
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
292.
Pikes Peak North Slope Recreation Area (Crystal, North Catamount and
South Catamount Reservoirs) - El Paso and Teller Counties
a. The bag and possession limit for lake trout is two fish.
b. North Catamount Reservoir only:
1. Fishing is by artificial flies and lures only.
13
293.
Pikes Peak South Slope Recreation Area (Boehmer Reservoir, Boehmer
Creek, Mason Reservoir and McReynolds Reservoir) - El Paso and
Teller Counties
a. In Boehmer Reservoir and Boehmer Creek, from the headwaters to
Mason Reservoir:
1. Fishing is prohibited.
b. In Mason Reservoir:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit and maximum size for trout is one fish,
16 inches in length.
c. In McReynolds Reservoir:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
294.
Pit D Pond - Boulder County
a. The bag and possession limit and minimum size for largemouth and
smallmouth bass is one fish in the aggregate, 15 inches in length.
295.
Poage Lake - Rio Grande County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit and maximum size for trout is two fish, 12
inches in length.
296.
Poose Creek - Rio Blanco County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
297.
Porcupine Lake - Routt County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
298.
Poudre Ponds #1 - Weld County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
299.
Poudre River - Larimer County
a. From the Rocky Mountain National Park boundary downstream to the
confluence with Joe Wright Creek:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
b. From the upper boundary of the Big Bend campground downstream to
the confluence with Black Hollow Creek:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
c. From the west boundary of the Hombre Ranch (below Rustic)
downstream to the Pingree Park Road/bridge:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
14
d. From the upper boundary of Gateway Park (water diversion for Ft.
Collins) downstream to the confluence with the North Fork of the Poudre
River:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
300.
Poudre River, North Fork - Larimer County
a. From the confluence with Divide Creek downstream to Bull Creek (above
Halligan Reservoir):
1. Fishing is by artificial flies or artificial lures only.
2. All trout must be returned to the water immediately upon catch.
b. From Milton Seaman Reservoir downstream to the confluence with the
Poudre River:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
301.
Poudre River, South Fork - Larimer County
a. From the Rocky Mountain National Park boundary downstream for one
mile:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
302.
Prewitt Reservoir - Logan and Washington counties
a. The minimum size limit for walleye and saugeye is 15 inches in length.
b. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
c. The minimum size for wipers is 15 inches in length.
d. The minimum size for crappie is 10 inches in length.
303.
Pronger Pond - Logan County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
304.
Prospect Park Lakes - Jefferson County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
b. Bass Lake and West Prospect Lakes only:
1. Fishing is by artificial flies and lures only. Scented flies or scented
lures may be used on this water if they are 1.5 inches or longer.
305.
Prospect Ponds #2 and #3 - Larimer County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
306.
Pueblo Reservoir - Pueblo County
a. The minimum size for largemouth, smallmouth, and spotted bass is 15
inches in length.
b. The bag and possession limit and minimum size for walleye and saugeye
is five fish in the aggregate, 18 inches in length.
15
c.
No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
d. Underwater spearfishing is allowed for the take of channel, blue and
flathead catfish with an aggregate bag and possession limit of five fish;
and for wiper with a bag and possession limit of five fish.
e. Fishing is prohibited from the dam and within 100 feet of the dam, March
15 through April 15 between the hours of 4:00 p.m. and 9:00 a.m.
f. It is unlawful to possess filleted or cleaned fish in a boat on the lake.
307.
Purgatoire River, Middle Fork - Las Animas County
a. Within the Bosque del Oso State Wildlife Area:
1. Fishing is by artificial flies and lures only.
2. All fish must be returned to the water immediately upon catch.
308.
Purgatoire River, South Fork - Las Animas County
a. Within the Bosque del Oso State Wildlife Area:
1. Fishing by artificial flies and lures only.
2. All fish must be returned to the water immediately upon catch.
309.
Queens Reservoir, North and South - Kiowa County
a. Trotlines and jugs are permitted.
310.
Quincy Reservoir - Arapahoe County
a. Fishing by artificial flies and lures only. Scented flies or scented lures
may be used on this water if they are 1.5 inches or longer.
b. The bag and possession limit for trout is two fish.
c. The minimum size for largemouth and smallmouth bass is 18 inches in
length.
d. Fishing access is controlled by Aurora Parks and Recreation as posted.
311.
Rampart Reservoir - El Paso County
a. Ice fishing is prohibited.
b. The bag and possession limit for lake trout is two fish.
312.
Ranch Creek, North Fork - Grand County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
313.
Red Lion State Wildlife Area - Logan County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
b. The minimum size for crappie is 10 inches in length.
314.
Relay Creek - La Plata and San Juan Counties
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
315.
Rhodes Gulch - Conejos County
16
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
316.
Ridgway Reservoir - Ouray County
a. Snagging of kokanee salmon is permitted from September 1 through
December 31.
b. There is no bag or possession limit for smallmouth bass.
317.
Rifle Gap Reservoir - Garfield County
a. The bag and possession limit and minimum size for walleye is one fish,
18 inches in length.
b. The bag and possession limit for yellow perch is twenty fish.
318.
Rio Blanco Lake - Rio Blanco County
a. The minimum size for largemouth bass is 15 inches in length.
319.
Rio Blanco River - Archuleta and Conejos Counties
a. From the headwaters downstream to the San Juan Wilderness boundary:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
b. From the Blanco Diversion Dam downstream to the confluence with the
San Juan River:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie
320.
Rio de Los Pinos - Conejos County
a. From the headwaters downstream to the waterfall at the South San Juan
Wilderness boundary:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
321.
Rio Grande River - Hinsdale, Mineral and Rio Grande Counties
a. From the lower boundary of River Hill Campground downstream to the
west fence of Masonic Park:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit and maximum size for brown trout is
two fish, 12 inches in length.
3. All rainbow trout must be returned to the water immediately upon
catch.
b. From the Colo 149 bridge at South Fork downstream to the Rio Grande
Canal diversion structure:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit and minimum size for brown trout is
two fish, 16 inches in length.
3. All rainbow trout must be returned to the water immediately upon
catch.
17
322.
Rio Lado Creek - Montezuma County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
323.
Riverbend Ponds #1, #2, #3, #4 and #5 - Larimer County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
324.
River’s Edge Natural Area Ponds (Bass, Dragonfly, Sandpiper) - Larimer
County
a. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
b. The bag and possession limit for yellow perch is 5 fish.
325.
Road Beaver Creek - Gunnison County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
326.
Roaring Creek - Larimer County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
327.
Roaring Fork Creek - Grand County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
328.
Roaring Fork of the North Platte - Jackson County
a. Within the Odd Fellows or Manville State Wildlife Areas:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
329.
Roaring Fork River - Pitkin and Garfield Counties
a. From the confluence with McFarlane Creek downstream to the upper
Woody Creek bridge:
1. Fishing is by artificial flies only.
2. All trout must be returned to the water immediately upon catch.
b. From the upper Woody Creek bridge downstream to the confluence with
the Colorado River (excluding 50 yards upstream and downstream from
the confluences with Fourmile Creek and Threemile Creek):
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit and minimum size for trout is two fish,
16 inches in length.
c. 50 yards upstream and downstream from the confluences with Fourmile
Creek and Threemile Creek:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit and minimum size for trout is two fish,
16 inches in length.
18
3. Fishing is prohibited from March 15 through May 15 and from
October 1 through November 30.
330.
Roaring Forks Creek - Montezuma County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
331.
Rock Creek - Lake County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
332.
Rock Creek, Little - Mesa County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
333.
Rock Creek - Park County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
334.
Rock Lake - Conejos County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
335.
Rocky Fork Creek - Pitkin County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
336.
Rocky Mountain Lake - Denver County
a. The minimum size for largemouth bass is 15 inches in length.
337.
Rosemont Reservoir - Teller County
a. Fishing is by artificial flies and lures only.
b. Ice fishing is prohibited.
338.
Rough Canyon - Conejos County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
339.
Ruby Jewel Lake - Jackson County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is two fish.
340.
Runyon/Fountain Lakes State Wildlife Area - Pueblo County
a. Ice fishing is prohibited.
19
341.
Saguache Creek - Saguache County
a. From the confluence of the Middle and South Forks downstream to the
confluence with California Gulch:
1. Fishing is by artificial flies and lures only.
342.
Saguache Creek, Middle Fork - Saguache County
a. From the headwaters downstream to the confluence with the South Fork
of Saguache Creek:
1. Fishing is by artificial flies and lures only.
343.
Saguache Creek, South Fork - Saguache County
a. From the headwaters downstream to the confluence with the Middle Fork
of Saguache Creek:
1. Fishing is by artificial flies and lures only.
344.
Saint Vrain Creek (North and South) – Boulder County
a. Within the town limits of Lyons as posted:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
345.
Saint Vrain State Park - Weld County
a. Bald Eagle Lake:
1. Fishing is by artificial flies and lures only. Scented flies or scented
lures may be used on this water if they are 1.5 inches or longer.
2. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
b. Blue Heron Lake:
1. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
2. Only one channel catfish in bag or possession may be greater than
20 inches.
346.
San Francisco Creek (Middle and West Forks) and West San Francisco
Lake - Rio Grande County
a. That portion on US Forest Service lands including West San Francisco
Lake:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
347.
San Juan River - Archuleta County
a. From the intersection of US 160 and US 84 downstream through Pagosa
Springs to the intersection of Apache Street with the river, including River
Center Ponds:
1. The bag and possession limit for trout is two fish.
b. From the US 160 bridge in Pagosa Springs downstream to Navajo
Reservoir:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
20
348.
San Miguel River - Montrose and San Miguel Counties
a. From the Colo 90 bridge at Pinon downstream to the confluence with the
Dolores River:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
349.
Sarvis Creek - Grand and Routt Counties
a. The bag limit for whitefish is four fish.
b. The possession limit for whitefish is eight fish.
350.
Scenery Pond (Colorow Mountain State Wildlife Area) - Rio Blanco
County
a. The bag and possession limit for trout is two fish.
351.
Schwachheim Creek - Las Animas County
a. Within the Lake Dorothey State Wildlife Area:
1. Fishing is by artificial flies and lures only.
352.
Second Creek - Delta County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
353.
Severy Creek - El Paso County
a. From the headwaters downstream to the US Forest Service boundary:
1. Fishing is prohibited.
354.
Shadow Mountain Reservoir - Grand County
a. Ice fishing shelters must be portable.
355.
Shadow Mountain Spillway - Grand County
a. From Shadow Mountain Reservoir downstream to Lake Granby including
Columbine Bay to the Twin Creek inlet:
1. Fishing is prohibited from October 1 through December 31.
2. Snagging is prohibited.
356.
Sheep Creek - Conejos County
a. From the headwaters downstream to the Conejos River:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
357.
Sheep Creek - Larimer County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
21
358.
Sheep Creek, East and West Forks - Larimer County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
359.
Sig Creek - La Plata and San Juan Counties
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
360.
Sig Creek, East Fork - San Juan County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
361.
Silver Lake - Mesa County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit and minimum size for trout is two fish, 16
inches in length.
362.
Slater Creek, South Fork and West Prong of the South Fork - Routt
County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
363.
Sloan Lake - Hinsdale County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
364.
Snell Creek - Rio Blanco County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
365.
Soda Creek - Routt County
a. The bag limit for whitefish is four fish.
b. The possession limit for whitefish is eight fish.
366.
South Platte Park (Littleton) - Arapahoe County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
367.
South Platte River - Douglas, Jefferson, Park and Teller Counties
a. From the confluence of the Middle and South Forks downstream to
Spinney Mountain Reservoir:
1. Fishing is by artificial flies and lures only.
2. All trout between 12 and 20 inches in length must be returned to the
water immediately upon catch.
22
b.
c.
d.
e.
f.
g.
368.
3. The bag and possession limit for trout is two fish, only one of which
may be greater than 20 inches in length.
From the outlet of Spinney Mountain Reservoir downstream to the inlet of
Eleven Mile Reservoir:
1. Fishing is by artificial flies and lures only.
2. All fish caught must be returned to the water immediately upon
catch.
3. Some portions may be closed to fishing as posted from September
15 to December 31 for kokanee salmon spawning operations.
From immediately below Eleven Mile Dam downstream to the Wagon
Tongue Gulch Road bridge at Springer Gulch (Eleven Mile Canyon):
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
From Cheesman Dam downstream to the upper Wigwam Club property
line:
1. Fishing by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
From the lower boundary of the Wigwam Club downstream to Scraggy
View Picnic Ground:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit and minimum size for trout is two fish,
16 inches in length.
From Strontia Springs Dam downstream to 300 yards upstream from the
Denver Water Board's Marston Diversion structure:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
Within Chatfield State Park:
1. The bag limit and minimum size for walleye is three fish, 18 inches in
length.
2. No more than one walleye greater than 21 inches in length may be
taken per day.
3. The minimum size for largemouth and smallmouth bass is 15 inches
in length.
South Platte River, Middle Fork - Park County
a. From the Colo 9 bridge (4.9 miles north of Garo) downstream to the
confluence with the South Fork of the South Platte:
1. Fishing is by artificial flies and lures only.
2. All trout between 12 and 20 inches in length must be returned to the
water immediately upon catch.
3. The bag and possession limit for trout is two fish, only one of which
may be greater than 20 inches in length.
369.
South Platte River, South Fork - Park County
a. From US 285 downstream to Antero Reservoir:
1. Fishing is by artificial flies and lures only.
2. All trout between 12 and 20 inches in length must be returned to the
water immediately upon catch.
3. The bag and possession limit for trout is two fish, only one of which
may be greater than 20 inches in length.
b. From Antero Reservoir downstream in the newly constructed channel to
the confluence with the existing channel:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
23
c.
370.
From the lower boundary fence of the Badger Basin State Wildlife Area
downstream to the confluence with the Middle Fork of the South Platte:
1. Fishing is by artificial flies and lures only.
2. All trout between 12 and 20 inches in length must be returned to the
water immediately upon catch.
3. The bag and possession limit for trout is two fish, only one of which
may be greater than 20 inches in length.
Spinney Mountain Reservoir - Park County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit and minimum size for trout is one fish, 20
inches in length.
c. Fishing is prohibited from ½ hour after sunset until ½ hour before
sunrise.
d. Ice fishing is prohibited.
e. There is no bag or possession limit for yellow perch.
371.
Sprat-Platte Lake - Adams County
a. Fishing is by artificial flies and lures only. Scented flies or scented lures
may be used on this water if they are 1.5 inches or longer.
b. The minimum size for largemouth bass is 18 inches in length.
372.
Spring Creek - Dolores County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
373.
Spring Gulch Pond - Douglas County
a. Fishing is by artificial flies and lures only.
b. All fish must be returned to the water immediately upon catch.
374.
Spruce Creek (confluence with Blue River approximately 5 miles north
of Green Mtn. Res.) - Grand and Summit Counties
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
375.
Spruce Creek (confluence with Blue River approximately 2.5 miles
south of Breckenridge) - Summit County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
376.
Stagecoach Reservoir - Routt County
a. There is no bag or possession limit for walleye.
377.
Stalker Lake - Yuma County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
378.
Standley Lake - Jefferson County
24
a. The minimum size for walleye and saugeye is 15 inches in length.
b. No more than one walleye or saugeye in the aggregate greater than 21
inches in length may be taken per day.
379.
Stearns Lake - Boulder County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
380.
Steelman Creek - Grand County
a. From the headwaters downstream to the Denver Water Board Diversion:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
381.
Stueben Creek, West Fork - Gunnison County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
382.
Summit Reservoir - Montezuma County
a. The minimum size for largemouth bass is 15 inches in length.
383.
Swamp Lakes - Lake County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
384.
Swan River - Summit County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit and minimum size for trout is 2 fish, 16
inches in length.
385.
Swan River, North Fork - Summit County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
386.
Sweitzer Lake - Delta County
a. All fish, except carp, must be returned to the water immediately upon
catch.
387.
Sylvan Lake - Eagle County
a. In the inlet and upstream for ½ mile:
1. Fishing is prohibited from September 1 through November 30.
388.
Tamarack Ranch Pond - Logan County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
25
389.
Tarryall Creek - Park County
a. For that portion of Tarryall Creek located on the Cline Ranch State
Wildlife Area:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
3. Fishing is prohibited from October 1 through the end of February.
4. Fishing access is restricted to designated fishing areas (beats) only.
Access to each fishing beat is restricted to occupants of the vehicle
parked in the parking stall assigned to that beat (determined by
corresponding number). No more than four anglers are allowed per
vehicle, and only one vehicle is allowed per stall.
390.
Taylor Creek, Little - Montezuma County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
391.
Taylor Park Reservoir - Gunnison County
a. The bag and possession limit for lake trout is three fish, only one of
which may be greater than 26 inches in length.
b. Gaffs and tail snares are prohibited.
c. Snagging of kokanee salmon is permitted from September 1 through
December 31.
392.
Taylor River - Gunnison County
a. From the top of Taylor Dam and then from the dam downstream for 325
yards:
1. Fishing is prohibited as posted.
b. From a point 325 yards below Taylor Dam downstream to the lower
boundary of the Taylor State Wildlife Area (approximately 0.4 miles):
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
393.
Terror Creek, East Fork - Delta County
a. From the headwaters downstream to the confluence with Terror Creek
(including unnamed tributary below Terror Creek Reservoir);
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
394.
Thomas Reservoir - Boulder County
a. The bag and possession limit and minimum size for largemouth and
smallmouth bass is one fish in the aggregate, 15 inches in length.
395.
Three Lakes - Lowest and Middle Lakes - Lake County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
396.
Three Licks Creek - Eagle County
26
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
397.
Threemile Creek - Garfield County
a. From the confluence with the Roaring Fork River upstream for ½ mile:
1. Fishing is prohibited from March 15 through May 15 and from
October 1 through November 30.
398.
Thurston Reservoir - Prowers County
a. Trotlines and jugs are permitted.
399.
Timberline Lake - Lake County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is two fish.
400.
Torsido Creek - Conejos County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
401.
Totten Reservoir - Montezuma County
a. The minimum size for largemouth bass is 15 inches in length.
402.
Trapper Creek - Garfield County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
403.
Trappers Lake - Garfield County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for cutthroat trout is two fish. All cutthroat
trout greater than 11 inches in length must be returned to the water
immediately upon catch.
c. Fishing is prohibited in all inlets and upstream for ½ mile.
d. Fishing is prohibited within 100 feet of either side of all inlet streams.
e. Fishing is prohibited within 100 feet of either side of the outlet and
downstream to the first falls.
f. There is no bag or possession limit on brook trout.
404.
Trinidad Reservoir - Las Animas County
a. The minimum size for largemouth, smallmouth, and spotted bass is 15
inches in length.
b. The bag and possession limit for walleye and saugeye is five fish in the
aggregate.
c. No more than one walleye or saugeye in the aggregate greater than 18
inches in length may be taken per day.
405.
Trout Creek - Rio Blanco and Routt Counties
27
a.
b.
c.
d.
406.
Fishing is by artificial flies and lures only.
All cutthroat trout must be returned to the water immediately upon catch.
The bag limit for whitefish is four fish.
The possession limit for whitefish is eight fish.
Turquoise Reservoir - Lake County
a. The bag and possession limit for lake trout is two fish.
407.
Tuttle Creek - Saguache County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
408.
Twin Lakes - Lake County
a. The bag and possession limit for lake trout is one fish. All lake trout
between 22 and 34 inches in length must be returned to the water
immediately upon catch.
409.
Two Buttes Reservoir - Baca County
a. Trotlines and jugs are permitted.
410.
Two Ledge Reservoir - Jackson County
a. Fishing is by artificial flies and lures only.
411.
Uncompahgre River - Ouray County
a. From the Ouray Co Rd 23 bridge downstream to Ridgway Reservoir:
1. Snagging of kokanee salmon is permitted from September 1 through
December 31.
b. From Ridgway dam downstream to the fence just below the USGS
Gauge Station:
1. Fishing is prohibited, except as posted.
c. From the fence just below the USGS Gauge Station below Ridgway Dam
downstream to the confluence with Cow Creek:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
d. From the Ridgway Dam downstream to the confluence with the Gunnison
River:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
412.
Union Reservoir (Calkins Lake) - Weld County
a. The minimum size for wipers is 15 inches in length.
413.
Vallecito Creek - La Plata and San Juan Counties
a. From the headwaters downstream to the southern boundary of the
Weminuche Wilderness:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
28
b. From the southern boundary of the Weminuche Wilderness downstream
to the La Plata Co Rd 501 bridge:
1. All kokanee salmon must be returned to the water immediately upon
catch from September 1 through November 14.
2. Snagging of kokanee salmon is permitted from November 15 through
December 31.
c. From the La Plata Co Rd 501 bridge downstream to the standing water
line of Vallecito Reservoir:
1. Fishing is prohibited from September 1 through November 14.
2. Snagging of kokanee salmon is permitted from November 15 through
December 31.
414.
Vasquez Creek, Little - Grand County:
a. From the headwaters downstream to the Denver Water Board Diversion:
1. Fishing is by artificial flies and lures only.
2. All cutthroat trout must be returned to the water immediately upon
catch.
415.
Vasquez Creek, South Fork - Grand County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
416.
Vaughn Reservoir - Rio Blanco County
a. The bag and possession limit for cutthroat trout is two fish.
417.
Virginia Gulch Creek, West - La Plata County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
418.
Virginia Lake - Lake County
a. Fishing is by artificial flies and lures only.
b. The bag and possession limit for trout is two fish.
419.
Wacker Ponds (formerly known as Hanson Bros. Ponds) - Morgan
County
a. The minimum size for largemouth and smallmouth bass 15 inches in
length.
420.
Wahatoya State Wildlife Area - Huerfano County
a. Fishing is by artificial flies and lures only.
b. Ice fishing is prohibited.
421.
Walden Ponds (except Wally Toevs Pond) - Boulder County
a. Fishing is by artificial flies and lures only. Scented flies or scented lures
may be used on this water if they are 1.5 inches or longer.
b. All largemouth and smallmouth bass must be returned to the water
immediately upon catch.
29
422.
Walker Lake State Wildlife Area - Mesa County
a. Fishing is prohibited from October 1 through the last day of February.
423.
Walton Creek - Routt County
a. The bag limit for whitefish is four fish.
b. The possession limit for whitefish is eight fish.
424.
Waneka Lake (Lafayette) - Boulder County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
425.
Washington Park (Lily Pond) - Denver County
a. Fishing is restricted to youth 15 years of age or younger.
426.
Watson Lake - Larimer County
a. The minimum size for smallmouth bass is 12 inches in length.
427.
West Creek - Mesa County
a. From the Colo 141 Bridge downstream 5 miles to the confluence of Ute
Creek:
1. The bag and possession limit for trout is two fish.
428.
West Cross Creek - Eagle County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
429.
White River - Rio Blanco County
a. From the confluence of the North and South Forks of the White River
downstream to the Colo 13 Bridge below Meeker (excluding the Sleepy
Cat easement, Wakara lease, and the Meeker Pasture State Wildlife
Area):
1. The bag and possession limit for trout is two fish.
b. On the Sleepy Cat easement, Wakara Lease, and the Meeker Pasture
State Wildlife Area east of Meeker:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
c. From the confluence of the North and South Forks of the White River
downstream to Kenney Reservoir:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
d. From Taylor Draw Dam downstream 400 yards:
1. Fishing is prohibited, as posted, to protect native fish spawning.
e. From Taylor Draw Dam downstream to the state line:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
30
430.
White River, North Fork - Rio Blanco County
a. From the headwaters downstream to confluence with the South Fork of
the White River:
1. The bag and possession limit for trout is two fish.
231.
White River, South Fork - Rio Blanco County
a. From the headwaters downstream to confluence with the North Fork of
the White River:
1. The bag and possession limit for trout is two fish.
432.
Williams Fork Reservoir - Grand County
a. Snagging of kokanee salmon is permitted from September 1 through
December 31.
b. All northern pike between 26 and 34 inches in length must be returned to
the water immediately upon catch.
c. From the buoy line at the Williams Fork River inlet upstream to the first
Grand Co Rd bridge:
1. Fishing and snagging are prohibited from September 15 through
November 30.
d. Use of spearfishing, archery and gigs for the take of northern pike is
prohibited.
e. The bag and possession limit for lake trout is eight fish, only one of which
may be greater than 30 inches in length.
433.
Williams Fork River - Grand County
a. From Williams Fork Dam downstream to the confluence with the
Colorado River:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
434.
Williams Gulch - Larimer County
a. From the headwaters downstream to the confluence with the Poudre
River:
1. Fishing is prohibited.
435.
Willow Creek (Little Snake drainage) - Moffat County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
436.
Willow Creek Reservoir - Grand County
a. Ice fishing shelters must be portable.
437.
Windsor Reservoir - Weld County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
438.
Wolf Creek - Conejos County
31
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
439.
Wolford Mountain Reservoir - Grand County
a. Public access, including fishing, is prohibited within 150 feet of any
kokanee spawning trap or wing net from October 1- December 1.
440.
Woods Lake State Wildlife Area - San Miguel County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
441.
Wrights Lake - Chaffee County
a. Fishing is by artificial flies and lures only.
442.
Yampa River - Routt County
a. From the headwaters to the confluence with Trout Creek (including
tributaries):
1. The bag limit for whitefish is four fish.
2. The possession limit for whitefish is eight fish.
b. From Stagecoach Dam downstream for 0.6 mile:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
c. From Stagecoach Dam downstream to Catamount Lake:
1. Spawning areas (redds) are closed to fishing as posted to protect
spawning fish.
d. From 0.6 miles below Stagecoach Dam downstream to the confluence
with Walton Creek, excluding Catamount Lake:
1. Fishing is by artificial flies and lures only.
2. The bag and possession limit for trout is two fish.
e. From the confluence with Walton Creek downstream for 4.8 miles to the
James Brown (Soul Center of the Universe) bridge, in Steamboat
Springs:
1. Fishing is by artificial flies and lures only.
2. All trout must be returned to the water immediately upon catch.
f. From the James Brown (Soul Center of the Universe Bridge)
downstream to the Colo 394 bridge near Craig:
1. The bag and possession limit for trout is two fish.
g. From the headwaters of the Yampa River downstream to the confluence
with the Green River:
1. There is no bag or possession limit for channel catfish, largemouth
bass, smallmouth bass, northern pike, walleye, green sunfish,
bluegill, bullhead, yellow perch or crappie.
443.
Youngs Creek Reservoirs #1, #2, and #3 - Delta County
a. Fishing is by artificial flies and lures only.
b. All cutthroat trout must be returned to the water immediately upon catch.
444.
Yuma City Lake - Yuma County
a. The minimum size for largemouth and smallmouth bass is 15 inches in
length.
32
b. The bag and possession limit for channel catfish is five fish.
445.
Zimmerman Lake - Larimer County
a. Fishing is by artificial flies and lures only.
b. All trout must be returned to the water immediately upon catch.
c. Fishing is prohibited in the inlet area as posted from January 1 through
July 31.
33
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00517
Opinion of the Attorney General rendered in connection with the rules adopted by the
Colorado Parks and Wildlife (406 Series, Wildlife)
on 11/18/2016
2 CCR 406-1
CHAPTER W-1 - FISHING
The above-referenced rules were submitted to this office on 11/21/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:55:17
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Natural Resources
Agency
Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-2
Rule title
2 CCR 406-2 CHAPTER W-2 - BIG GAME 1 - eff 01/01/2017
Effective date
01/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
FILE - 11/30/2016
FINAL REGULATIONS - CHAPTER W-2 - BIG GAME
ARTICLE I - GENERAL PROVISIONS
#201 - LICENSE FEES
A. Big Game License Fees
1. Nonresident Big Game Licenses
In accordance with the provisions of §33-4-102, C.R.S., nonresident big game fees for
the year 2017 shall be as follows:
Nonresident License Type
2017
2016
2017
Statutory
License
License
Maximum
Fee
Fee**
License Fee*
Pronghorn
$375
$386.24
$385
Deer
$375
$386.24
$385
Elk
$625
$643.73
$640
Bear
$625
$643.73
$640
Mountain lion
$625
$643.73
$640
Moose
$2,080
$2,145.78
$2,145
Mountain goat
$2,080
$2,145.78
$2,145
Rocky Mountain bighorn sheep
$2,080
$2,145.78
$2,145
Desert bighorn sheep
$1,385
$1,430.52
$1,430
*Based on cumulative Consumer Price Index increase since 2000.
**Adjusted after application of Consumer Price Index by rounding down to the
nearest $5.00 increment, in whole numbers.
a. All licenses sold through March 2017 shall be sold at 2016 license fees.
2. Nonresident License Fee Reduction:
In accordance with the provisions of §33-4-102, C.R.S., the following nonresident big game
license fees shall be reduced to the fee specified herein, from the level set forth in §33-4-102,
C.R.S.:
2016 License Fee
2017 License Fee
Nonresident License
Type
Nonresident Bear
$350.00
$350.00
Nonresident Mountain
Lion
$350.00
$350.00
1
Nonresident Antlerless
Elk
$465.00
*
$480.00*
*Nonresident Antlerless Elk license fee is set at 75% of Elk Nonresident
License Fee rounded down to the nearest $5.00 increment, in whole
numbers.
B. Combination Big Game/Annual Fishing Licenses for Nonresidents
1.
Big game licenses issued to non-residents shall be issued as combination Big
Game/Annual Fishing licenses, and for each such combination license purchased each
year by a nonresident $10 of the above license fee shall be allocated to the fishing
portion of such combination license.
ARTICLE VI - MOUNTAIN LION
#242 - RIFLE AND ASSOCIATED METHODS MOUNTAIN LION SEASONS
A.
General and Extended Seasons
1.
Dogs may be used to hunt mountain lion. However, the pack size shall be limited to no
more than eight (8) dogs.
2.
The hunter that takes a mountain lion shall be present at the time and place that any
dogs are released on the track of a mountain lion and must continuously participate in the
hunt until it ends. After a mountain lion has been pursued, treed, cornered or held at bay,
a properly licensed person shall take or release the mountain lion immediately. No
person shall in any manner restrict or hinder the mountain lion’s ability to escape for the
purpose of allowing a person who was not present at the time and place that any dogs
were released, to arrive and take the mountain lion.
3.
Without regard to harvest limit quotas, unit boundaries or season dates, the Director or
his designee may authorize the taking of any problem lion by any lawful means
designated, including but not limited to methods permitted under Article XVIII, Section
12b, of the Colorado Constitution, when such lion are causing damage to livestock or
property or are frequenting areas of incompatibility with other users as may be necessary
to protect public health, safety and welfare. The taking of lion under this section shall be
by licensed hunters, houndsmen, or trappers who shall be bound by all other statutes and
regulations regarding the taking and possession of mountain lion.
4.
The Director shall establish a statewide list of hunters, houndsmen, and trappers to take
problem lions taking into consideration the ability to respond, skill, experience, location,
and the ability of the hunters, houndsmen, or trappers who have applied to participate in
removal operations; and, in selecting participants from that list for any particular removal
operation shall further take into consideration the urgency dictated by the situation and
the environment in which the removal will occur.
2
5.
Hunt Type, Dates, Units (as described in Chapter 0 of these regulations), and Harvest
Limit Quotas.
a. Mountain Lion, Either-sex Season and Harvest Limit Quota – In Game Management
Units, as follows, the day after the close of the final combined rifle season through
March 31 annually:
Units
1, 2
3, 301
4 (north of Co Rd 27 and USFS 110), 5
4 (south of Co Rd 27 and USFS 110), 14, 214, 441
6, 16, 17, 161, 171
7
8
9
10
11
12
13 (west of Hayden Divide Road)
13 (east of Hayden Divide Road), 131, 231
15
18, 27, 28, 37, 181, 371
19
20
21
22
23
24
25, 26, 34
29
30
31
32
33
35, 36, 361
38
39, 391
40
41
42
43
44
45
46
47
48, 56, 481, , 561
49, 57, 58, 581
50, 500, 501
51
52, 411
53, 63
54, 55, 551
Lion Harvest Limit Quota
5
5
8
5
4
1
4
3
10
12
18
12
5
5
12
5
9
15
17
17
6
7
2
10
12
5
13
9
7
7
7
5
10
7
6
1
6
1
10
24
10
7
10
10
7
3
Units
59, 591
60
61
62
64
65
66, 67
68, 681, 682
69, 84, 86, 691, 861
70 east of Colo 141
70 west of Colo 141
71, 711
72
73
74, 741
75
76, 79, 791
77
78
80
81
82
83
85, 140, 851
87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99,
100, 101, 102, 103, 106, 107, 109, 111, 112, 113,
114, 115, 116, 117, 118, 119, 120, 121, 122, 951
104, 105, 110
123, 124, 125, 126, 127, 128, 129, 130, 132, 133,
134, 135, 136, 137, 138, 139, 141, 142, 143, 144,
145, 146, 147
191
201
211
421
444
461
511
521
751, 771
TOTAL
Lion Harvest Limit Quota
7
5
10
9
5
5
8
6
15*
10
6
9
4
10
6
4
5
6
5
5
4
6
10
24
5
5
20
8
5
17
10
7
7
4
6
5
654
* This reduction from 26 to 15 is contingent upon the Parks and Wildlife Commission approving the
associated mountain lion research proposal to be submitted later in 2016. If the research is not
approved the harvest limit quota will remain at 26 for the season ending March 31, 2017.
b. Mountain Lion, Either-sex Season and Harvest Limit Quota – In Game Management
Units, as follows, April 1 - April 30 annually:
Units
Lion Harvest Limit Quota
2
1
1, 2
7
4
Units
8
9
10
11
12
13 (west of Hayden Divide Road)
13 (east of Hayden Divide Road), 131, 231
19
20
21
23
24
29
30
31
32
33
38
39, 391
46
50, 500, 501
51
68, 681, 682
70 east of Colo 141
70 west of Colo 141
71, 711
72
73
81
87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99,
100, 101, 102, 103, 106, 107, 109, 111, 112, 113,
114, 115, 116, 117, 118, 119, 120, 121, 122, 951
104, 105, 110
123, 124, 125, 126, 127, 128, 129, 130, 132, 133,
134, 135, 136, 137, 138, 139, 141, 142, 143, 144,
145, 146, 147
191
201
211
461
TOTAL
B.
Lion Harvest Limit Quota
3
1
5
5
1
3
3
2
6
2
1
1
2
1
5
2
4
4
6
4
4
1
1
4
2
1
3
4
1
5
3
5
4
3
12
4
121
Licenses and GMU Harvest Limit Quota Status
1.
A valid mountain lion license is required to hunt any mountain lion.
2.
Except as provided in 33-3-106 C.R.S., it is unlawful for any person to purchase or obtain
a mountain lion hunting license or hunt mountain lions unless the person obtains a
mountain lion education certificate issued by the Division attesting to the person’s
successful completion of the Division’s certified mountain lion education and identification
course. Any person required to obtain such a certificate shall have the certificate on his
or her person while hunting or taking mountain lion.
5
3.
C.
Prior to each hunting trip in any game management unit, but not earlier than 5:00 p.m. of
the day before hunting, lion hunters must contact 1-888-940-LION (1-888-940-5466), or
any Division office and determine which game management units have not reached the
unit harvest quota and are open to hunting. It shall be unlawful to hunt in a unit after it is
closed.
Special Restrictions
1.
Reporting and Sealing
a.
The taking of mountain lions by licensed hunters shall be reported to the Division
within 48 hours after the taking thereof, and except as provided in these
regulations, the lion shall be personally presented by the hunter for inspection
and sealing within five (5) days after the taking thereof. Mountain lion heads and
hides must be unfrozen when presented for inspection. If not unfrozen, the
Division may retain heads and hides as necessary for thawing sufficient to
extract a premolar tooth. A mandatory check report shall be accurately
completed by the hunter at the time of inspection, which shall include certification
that all information provided is accurate.
b.
At the time of the mandatory check, the Division shall be authorized to extract
and retain a premolar tooth.
2.
The legal possession seal when attached to the mountain lion skull or hide shall
authorize possession, transportation, tanning or mounting thereof. No fee shall be
required for the inspection and issuance of a legal possession seal which shall remain
attached to the skull or hide until processed. Mountain lions shall not be transported,
shipped or otherwise taken out of Colorado until the hide and skull are inspected and
sealed.
3.
All mountain lion taken or destroyed under Commission regulation #1702 or §33-3-106(3)
C.R.S., as amended, shall remain the property of the state and shall be delivered to an
officer of the Division within five (5) days. A report shall be given to an officer of the
Division at the time of delivery which contains the following:
1)
Name(s) of person(s) who killed the animal(s).
2)
The county and the specific location of the kill.
3)
The species and number of animals killed.
4)
The reason for such action.
4.
Lions With Kittens – No person shall kill a mountain lion accompanied by one or more kittens or kill a kitten.
5.
“Kitten” shall mean a lion with spots.
6
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00516
Opinion of the Attorney General rendered in connection with the rules adopted by the
Colorado Parks and Wildlife (406 Series, Wildlife)
on 11/18/2016
2 CCR 406-2
CHAPTER W-2 - BIG GAME
The above-referenced rules were submitted to this office on 11/21/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:53:58
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Natural Resources
Agency
Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-3
Rule title
2 CCR 406-3 CHAPTER W-3 - FURBEARERS AND SMALL GAME EXCEPT
MIGRATORY BIRDS 1 - eff 01/01/2017
Effective date
01/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
AS APPROVED - 11/18/2016
FINAL REGULATIONS - CHAPTER W-3 - FURBEARERS and SMALL GAME EXCEPT
MIGRATORY BIRDS
ARTICLE I - GENERAL PROVISIONS
#303 - Manner of Take:
The following are legal methods of take for game species listed in this chapter. Any method
of take not listed herein shall be prohibited, except as otherwise provided by Statute or
Commission regulation or by 35-40-100.2-115, C.R.S.
C. Game Birds, except Migratory Birds
1. Any rifle or handgun for dusky (blue) grouse, ptarmigan or turkey during the fall and
late seasons (except in game management units 91, 92, 951, and 96). Rifles and
handguns used for the taking of turkeys shall use bullets of at least seventeen (17)
grains in weight, with a manufacturer's energy rating of at least one-hundred ten (110)
foot pounds at one-hundred (100) yards from the muzzle.
2. Shotguns not larger than 10 gauge not firing a single slug, and incapable of holding
more than three (3) shells in the magazine and chamber combined. No shot (lead or
steel) larger than size #2 shall be used to hunt turkey.
3. Handheld bows and crossbows.
4. Pellet guns and slingshots for dusky (blue) grouse and ptarmigan.
5. Hawking.
6. Artificial decoys and calls, except recorded or electrically amplified calls or sounds; for
turkey.
ARTICLE II -
SMALL GAME SEASON DATES, UNITS (AS DESCRIBED IN CHAPTER 0 OF
THESE REGULATIONS), BAG AND POSSESSION LIMITS, LIMITED LICENSES
AND PERMITS
#323 - Wild Turkey
A. Season Bag and Possession Limits
1. The bag and possession limit for each season annually shall be as provided below.
a. Spring Season - The limit shall be two bearded turkeys in the spring for those
persons who possess a limited spring license. One turkey must be harvested on
the limited license and in the limited area. The additional bearded turkey must be
harvested with an over-the-counter license.
b. Fall Season - The limit shall be one turkey of either sex.
c. Late Season - The limit shall be two beardless turkeys.
2. In addition to the above bag and possession limits, a hunter may take one additional
turkey with a Turn In Poachers (TIPS) license as provided in #002(H)(11)(b).
B. Applications for Limited Licenses
1. Application requirements
1
a. No person shall submit more than one (1) application per season.
b. Incomplete applications will not be accepted.
2. Drawing applications submittal
a. Applications will be accepted only on the appropriate application form provided by
the Division.
b. Payment for limited licenses must accompany each application and must be in the
form of a check or money order. Payment shall include a $3.00 non-refundable
application fee, a $.25 fee designated for search and rescue operations and a $.75
Public Education Advisory Council (PEAC) surcharge.
c. Spring season
1. Applications for limited licenses must be received or postmarked no later than
midnight, on the second Thursday in February, annually, to Colorado Parks
and Wildlife, P.O. Box 173781, Denver, Colorado, 80221.
d. Fall season
1. Applications for limited licenses must be received or postmarked no later than
midnight, on the second Thursday in July, annually to Colorado Parks and
Wildlife, P.O. Box 173781, Denver, Colorado, 80221.
3. Preference systems
a. Preference Points: Preference will be given for correct applications for first choice
hunt codes only and shall be subject to the following provisions:
1. One preference point will be awarded to each person who qualifies for and fails
to draw a limited license as a first choice in the drawing or who applies using a
first choice hunt code established for the purpose of accumulating a preference
point only. However, no applicant may accumulate more than two turkey
preference points per calendar year.
2. Preference points will be used in future drawings for the same species and will
continue to accumulate until the applicant obtains a license as a first choice. If
an applicant both fails to apply for a turkey license and has not purchased a turkey
license during any given 10-year period, all accumulated preference points for turkey
become void.
3. Applications receiving preference will be given priority over all applications with
fewer points.
4. Group applications will receive preference at the level of the group member
with the fewest accumulated points.
5. Unsuccessful applicants in the drawing will receive a refund check stub which
will show accumulated preference point totals.
6. Licenses issued to successful second choice applicants will show accumulated
preference point totals.
b. Hunting Licenses for Hunters with Mobility Impairments - The Director may make
licenses valid in certain GMU's available to qualified hunters with mobility
impairments.
1. Applicants for hunting licenses for hunters with mobility impairments must have
a mobility impairment resulting from permanent medical conditions, which
makes it physically impossible for them to hunt without the assistance of an
attendant. Evidence of an impossibility to participate in the hunt without the
assistance of an attendant may include, but is not limited to, prescribed use of
a wheel chair; shoulder or arm crutches; walker; two canes; or other prescribed
medical devices or equipment.
2. Applications for hunting licenses for hunters with mobility impairments shall be
made on the form, available from and submitted with the applicable license fee
to, Colorado Parks and Wildlife, Limited License Office, 6060 Broadway,
Denver, Colorado 80216. Hunters may apply from the Monday after the
November Commission meeting through the last day of the spring season.
3. Applications for hunting licenses for hunters with mobility impairments shall
contain a statement from a licensed medical doctor or a certified physical,
occupational, or recreational therapist describing the applicant’s mobility
impairment and the permanent medical condition which makes it impossible for
2
c.
the applicant to hunt without the assistance of an attendant. Additional
documentation may be required, if necessary to establish the applicant’s
eligibility for a hunting license for hunters with mobility impairments. Once
certified by the Division as mobility-impaired according to these regulations,
applicants will not be required to submit the medical statement.
4. Ten (10) hunting licenses for hunters with mobility impairments will be
available for the spring season, valid only on private lands in units 91, 92, and
96. The licenses will be valid for the season dates established for the
authorized hunt code. Licenses for hunters with mobility impairments may not
be issued for Ranching for Wildlife properties unless otherwise provided in the
ranch contract.
Youth Outreach Hunting Licenses – The Director may make additional youth
outreach program turkey licenses available to qualified organizations sponsoring
youth hunting activities.
1. Youth Outreach licenses will be available for private land only. There will be
no more than 200 licenses issued annually under this subsection.
2. Licenses will be approved by the applicable Regional Manager on a case-bycase basis.
3. Licenses are issued on a first come, first served basis to qualified
organizations.
4. Organizations who wish to request a Youth Outreach license must submit the
request in writing to Colorado Parks and Wildlife, State Hunter Outreach
Coordinator, 6060 Broadway, Denver, Colorado 80216 no later than 60 days
prior to the planned hunting event.
5. Licenses are limited to youth hunters under 18 years of age.
C. Special Restrictions
1. Tagging Requirements
a. When any person kills a turkey, that person must immediately detach, sign, and
date the carcass tag. Such tags must be attached to the carcass of the bird while it
is transported in any vehicle, while in camp, at a residence, or other place of
storage.
b. Such tags, when dated, signed and attached to the turkey lawfully taken or killed
and lawfully in possession, authorizes the possession, use, storage, and
transportation of the carcass, or any part thereof, within the state.
c. If the carcass tag is inadvertently or accidentally detached from the license or is
lost or destroyed, the licensee must obtain a duplicate carcass tag before he can
lawfully hunt with such license. The duplicate carcass tag may be obtained upon
furnishing satisfactory proof as to the inadvertent or accidental nature of the
detachment, loss, or destruction to Colorado Parks and Wildlife.
2. Spanish Peaks SWA
a. Hunting during the spring turkey season shall be permitted only on Saturdays,
Sundays, Mondays and Tuesdays on the Spanish Peaks State Wildlife Area,
except as provided in subparagraph b of this subsection.
b. For hunters with mobility impairments, hunting during the spring turkey season
shall be permitted after the second weekend of the season on Wednesdays,
Thursdays and Fridays, by special access permit only. For the purposes of this
subparagraph, the following restrictions shall apply:
1. Applicants for access permits for hunters with mobility impairments must have
a mobility impairment resulting from permanent medical conditions, which
makes it physically impossible for them to hunt without the assistance of an
attendant. Evidence of an impossibility to participate in the hunt without the
assistance of an attendant may include, but is not limited to, prescribed use of
a wheelchair; shoulder or arm crutches; walker; two canes; or other prescribed
medical devices or equipment. Applications will be accepted until the last day
of the spring turkey season. Permits will be issued on a first-come, first-served
3
basis, and will be limited to two (2) individuals during each Wednesday through
Friday time period during the spring season.
2. Applications for access permits for hunters with mobility impairments shall be
made on the form available from, and submitted to, Colorado Parks and
Wildlife, Limited License Office, 6060 Broadway, Denver, Colorado 80216.
3. Applications for access permits for mobility-impaired hunters shall contain a
statement from a licensed medical doctor or a certified physical, occupational,
or recreational therapist describing the applicant’s mobility impairment and the
permanent medical condition which makes it impossible for the applicant to
hunt without the assistance of an attendant. Additional documentation may be
required if necessary to establish the applicant’s eligibility for an access permit
for hunters with mobility impairments. Once certified by the Division as
mobility-impaired according to these regulations, applicants will not be required
to submit the medical statement.
3. Higel and Rio Grande SWAs
a. Turkey hunting access during the spring turkey season requires an access permit.
Access permits will be issued for each property, from the Division Office in Monte
Vista through a hand drawing. Permit applications may be obtained from CPW,
0722 S. Road 1E, Monte Vista, CO 81144. Group applications will be accepted.
No more than two (2) applicants per group. Application deadline is January 31 of
each year. Successful applicants will be notified by mail. The date, time and
location of the drawing will be included on the application.
4. Horsethief Canyon State Wildlife Area
a. Turkey hunting access is limited to the spring turkey season and is restricted to
youth mentor turkey hunting only, by access permit only. Mentors are not allowed
to hunt. Permit applications are available from Colorado Parks and Wildlife
Northwest Region Service Center at 711 Independent Ave., Grand Junction, CO
81505, 970-255-6100. The application deadline is March 31. Successful
applicants will be notified by mail.
5. Southwest Youth Turkey Extended Season
Youths under 18 years of age may hunt turkey in GMUs 52, 54, 55, 60, 61, 62, 64,
65, 66, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 82, 83, 411, 521, 551, 681,
682, 711, 741, 751 and 771 from the Saturday before Thanksgiving through the
Sunday after Thanksgiving, provided they possess an unfilled youth fall turkey
license (including, but not limited to, hunt code TE000U3R), comply with applicable
regulations for the hunt in which they participate, and are accompanied by a
mentor. A mentor must be at least 18 years of age and comply with hunter
education requirements. The mentor may not hunt.
D. Season Dates and Units - Unlimited Licenses.
1. Spring Seasons
Units
003, 004, 005, 006, 007, 008, 009, 010, 011,
012, 013, 014, 016, 017, 018, 019, 020, 022,
024, 028, 029, 031, 032, 033, 038, 039, 040,
041, 042, 046, 048, 049, 050, 051, 052, 053,
054, 055, 056, 057, 058, 059 except on the
Beaver Creek SWA and the Table Mountain
State Trust Land Lease, 060, 061, 062, 063,
064, 065, 066, 067, 068, 069, 070, 071, 072,
073, 074, 075, 076, 077, 078, 079, 082, 083,
084, 085, 086, 087, 088, 089, 090, 093, 094,
095, 097, 098, 099, 100, 104, 105, 106, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123, 126, 128, 130, 131, 133,
Hunt Code
Date Open
TM000U1R
04/08/2017
4
Date
Closed
05/21/2017
Licenses
Unlimited
134, 135, 136, 137, 138, 140 except on James
M. John and Lake Dorothey State Wildlife
Areas, 141, 142, 143, 144, 145, 146, 147, 161,
171, 181, 191, 211, 214, 231, 301, 391, 411,
421, 441, 461, 481, 500, 501, 511, 512, 521,
551, 561, 581, 591, 681, 682, 691, 711, 741,
751, 771, 791, 851 except the Bosque del Oso
SWA, 861, 951, and private land portions of
91, 92, 101, 102, 103, 107, 109, 124, 125,
127, 129, 132, 139.
2. Fall Seasons
Unit
Hunt Code
Close
Date
Open Date
Licenses
003, 004, 005, 006, 007, 008, 009, 010, 011,
012, 013, 014, 016, 017, 018, 019, 020, 022,
024, 028, 029, 031, 032, 033, 038, 039, 040,
041, 042, 043, 046, 048, 049, 050, 051, 052,
053, 054, 055, 056, 057, 058, 059 except on
the Beaver Creek SWA and the Table
Mountain State Trust Land Lease, 060, 061,
Unlimited
062, 064, 065, 066, 067, 068, 069, 070, 071,
West of I072, 073, 074, 075, 076, 077, 078, 079, 082,
25 and
083, 084, 085 except on the Spanish Peaks
10/01/2017 GMU 140
State Wildlife Area, 086, 087, 088, 094, 104,
TE000U2R 09/01/2017
and
and
105, 110, 112, 113, 114, 116, 117, 118, 119,
10/27/2017 East of I121, 122, 123, 128, 130, 131, 133, 134, 135,
25
136, 137, 138, 140 except on the James M.
(excluding
John and Lake Dorothey State Wildlife Areas,
GMU 140)
141, 142, 143, 144, 145, 147, 161, 171, 181,
191, 211, 214, 231, 301, 391, 411, 421, 441,
461, 481, 500, 501, 511, 512, 521, 551, 561,
581, 591, 681, 682, 691, 711, 741, 751, 771,
791, 851 except on the Bosque del Oso SWA,
861, 951, and private land portions of 101,
102,.
3. Private Land Only Late Seasons
a. Private land only licenses are valid on all private land within the game
management unit upon which the license holder has permission to hunt.
Unit
112, 113
Hunt Code
Open Date
TF000U2R
12/15/2017
Close
Date
01/15/2018
Licenses
Unlimited
E. Season Dates and Units - Limited Licenses and Limited License Areas. Limited licenses
shall be valid only for the time period and game management unit(s) or area(s) indicated
on the license.
1. Spring Season.
Unit
2
Hunt Code
TM002O1R
5
Date
Opened
04/08/2017
Date
Closed
05/21/2017
Licenses
Bearded Turkey
Only
5
1. Spring Season.
Unit
Hunt Code
15, 27 and 37
TM015O1R
21
TM021O1R
23
TM023O1R
25
TM025O1R
30
TM030O1R
30 - youth only
TM030K1R
34
TM034O1R
35, 36, 361
TM035O1R
43
TM043O1R
44
TM044O1R
47
TM047O1R
59 - Beaver Creek State Wildlife
Area and Table Mountain State
Trust Land Lease only
TM059O1R
80
TM080O1R
81
TM081O1R
91
Date
Opened
04/08/2017
Date
Closed
Licenses
Bearded Turkey
Only
05/21/2017
10
05/21/2017
10
05/21/2017
10
05/21/2017
30
05/21/2017
15
05/21/2017
15
05/21/2017
20
05/21/2017
10
05/21/2017
50
05/21/2017
30
05/21/2017
15
05/21/2017
25
04/08/2017
05/21/2017
10
04/08/2017
05/21/2017
10
TM091O1R
04/08/2017
04/28/2017
35
91, 92, 96, 101, 102-youth only
TM091K1R
04/08/2017
05/21/2017
175
91
TM091O2R
04/29/2017
05/21/2017
35
92
TM092O1R
04/08/2017
04/28/2017
35
92
TM092O2R
04/29/2017
05/21/2017
35
96
TM096O1R
04/08/2017
04/28/2017
75
96 - private land only
TM096P1R
04/08/2017
04/28/2017
150
96
TM096O2R
04/29/2017
05/21/2017
75
96 - private land only
TM096P2R
04/29/2017
05/21/2017
150
101, 102
TM101O1R
04/08/2017
04/28/2017
40
101, 102
TM101O2R
04/29/2017
05/21/2017
40
103, 107, and 109
TM103O1R
04/08/2017
04/28/2017
50
103,107, and 109
TM103O2R
04/29/2017
05/21/2017
50
6
04/08/2017
04/08/2017
04/08/2017
04/08/2017
04/08/2017
04/08/2017
04/08/2017
04/08/2017
04/08/2017
04/08/2017
04/08/2017
1. Spring Season.
Licenses
Hunt Code
Date
Opened
Date
Closed
103, 107, 109 - youth only
TM103K1R
04/08/2017
05/21/2017
40
124, 125, and 129
TM124O1R
04/08/2017
05/21/2017
15
124, 125, and 129 - youth only
TM124K1R
04/08/2017
05/21/2017
15
127, 132
TM127O1R
04/08/2017
05/21/2017
20
04/08/2017
05/21/2017
15
Unit
139
TM139O1R
Bearded Turkey
Only
140 - Lake Dorothey State Wildlife
Area only
TM140O1R
04/08/2017
05/21/2017
55
140 - James John State Wildlife
Area only
TM140O2R
04/08/2017
05/21/2017
20
444
TM444O1R
05/21/2017
35
444 – Private Land Only
TM444P1R
05/21/2017
20
851 - Bosque del Oso State Wildlife
Area only
TM851O1R
05/21/2017
35
04/08/2017
04/08/2017
04/08/2017
Total
1480
2. Fall Season
Unit
25
34
47
59 - Beaver Creek State Wildlife
Area and Table Mountain State
Trust Land Lease only
85 - Spanish Peaks State Wildlife
Area - Oberosler Tract only
85 - Spanish Peaks State Wildlife
Area – Dochter Tract only
85 -Spanish Peaks State Wildlife
Area - Sakariason Tract
91
91, 92, 96, 101, and 102 – youth
only
92
96
101, 102
103, 107, and 109
103, 107, 109 - youth only
Date
Opened
Date
Closed
TE025L1R
TE034L1R
TE047L1R
09/01/2017
09/01/2017
09/01/2017
10/01/2017
10/01/2017
10/01/2017
Licenses
Either Sex
10
10
25
TE059L1R
09/01/2017
10/01/2017
15
TE085L1R
09/01/2017
10/01/2017
30
TE085L2R
09/01/2017
10/01/2017
30
TE085L3R
09/01/2017
10/01/2017
30
TE091L1R
09/01/2017
09/01/2017
10/27/2017
10/27/2017
50
09/01/2017
09/01/2017
09/01/2017
09/01/2017
09/01/2017
10/27/2017
10/27/2017
10/27/2017
10/27/2017
10/27/2017
50
125
50
80
40
Hunt Code
TE091K1R
TE092L1R
TE096L1R
TE101L1R
TE103L1R
TE103K1R
7
50
2. Fall Season
Unit
124, 125 and 129
124, 125 and 129 - youth only
126, 146
127, 132
139
Hunt Code
TE124L1R
TE124K1R
TE126L1R
TE127L1R
Date
Opened
Date
Closed
09/01/2017
09/01/2017
09/01/2017
09/01/2017
09/01/2017
10/27/2017
10/27/2017
10/27/2017
10/27/2017
Licenses
Either Sex
15
15
20
20
10/27/2017
15
10/01/2017
35
10/01/2017
10
TE139L1R
140 - Lake Dorothey State Wildlife
Area only
140 - James John State Wildlife
Area only
444
851 - Bosque del Oso State
Wildlife Area only
Total
09/01/2017
TE140L1R
09/01/2017
TE140L2R
TE444L1R
09/01/2017
10/01/2017
20
TE851L1R
09/01/2017
10/01/2017
25
770
#323.5 - RANCHING FOR WILDLIFE – TURKEY
A. Implementation Authority
1. The Director is authorized to implement the Ranching for Wildlife program, including
the authority to determine ranch enrollment status, enter into cooperative agreements
with ranches, establish and modify public and private season dates on each ranch, and
establish and modify license allocations to each ranch including the subsequent
distribution of licenses to the public and private share annually, and may establish
additional Ranching for Wildlife operating guidelines subject to the following
provisions.
B. Ranch Entry and Maintenance
1. Ranches must have a minimum of 10,000 acres of privately owned land in one
contiguous unit. Ranches that meet this 10,000-acre minimum requirement may
include privately owned non-contiguous parcels in the program if the Director
determines that their inclusion will contribute to meeting the performance standards for
the ranch.
2. Ranches must develop a Ranching for Wildlife Management Plan that includes goals,
objectives, and strategies for achieving such goals and objectives for wildlife habitat
management, species management, and public hunting management. The
Management Plan must be approved by the Division prior to execution of a
Cooperative Agreement for Ranching for Wildlife.
3. Ranches may not charge public hunters an access fee for hunting.
4. Except as agreed to in writing by the Division when necessary to meet the ranch
performance standards or as mutually agreed and contained in the Management Plan,
ranches must provide for equality of access in terms of geographical area and mode of
transportation for both public and private hunters. No closure or restriction of land or
roads shall apply to public hunters that do not also apply to private hunters.
8
5. Public hunts must be established at a time when the species to be hunted are present
and available for harvest. No public seasons shall be established during times when
normal winter conditions would prevent access to most of the ranch, nor when normal
migration patterns of the species to be hunted result in the species having migrated off
the ranch.
6. Ranches that establish coinciding or overlapping public and private hunts may not
exclude public hunters from any portion of the ranch due to the presence of private
hunters.
7. The ranch and the Division will mutually agree to ranch rules regarding access to and
hunting on the ranch by public hunters. The ranch rules will be provided to hunters
prior to seasons on the ranch in accordance with other provisions contained in this
regulation.
C. Cooperative Agreements, Enrollment, Denial of Enrollment, Termination of Enrollment
1. The Division is authorized to enter into Cooperative Agreements with ranches.
2. Ranches may appeal enrollment decisions to the Parks and Wildlife Commission.
3. Cooperative Agreements shall incorporate approved Ranching for Wildlife
Management Plans as part of the Cooperative Agreement.
4. The Division shall periodically evaluate ranches for enrollment and contract
performance, and shall establish minimum performance standards for ranches enrolled
in the program, including wildlife habitat management and improvement, public
recreation opportunity and experience, and any factors intended to contribute to
meeting turkey management objectives. Such performance standards shall be
incorporated into the Cooperative Agreement with the ranch.
D. Turkey Season Structures
1. Public and private spring season opening and closing date parameters.
a. Private seasons may not begin before April 1, nor extend beyond June 1.
b. Public seasons may only be established within the opening and closing dates of
the regularly established spring season.
c. Public hunting seasons shall be a minimum of ten (10) consecutive days.
2. Public and private fall season opening and closing date parameters.
a. Public and private seasons may not begin before September 1, nor extend beyond
November 1.
b. Public hunting seasons shall be a minimum of ten (10) consecutive days.
3. Manner of Take
a. The manner of take for spring or fall RFW turkey seasons shall be the same as that
for regularly established spring or fall seasons.
E. License Allocation
1. A maximum of 100 bearded turkey licenses in the spring season and 100 either-sex
turkey licenses in the fall season may be allocated to each ranch annually, and
subsequently distributed to the public and private share according to paragraph b of
this regulation.
2. The public shall receive a minimum of forty percent (40%) of the total number of
licenses allocated for each turkey season on each ranch.
9
3. License allocation for each ranch shall be approved by the Division and recommended
to the Director, based upon harvest objectives for the ranch jointly determined by the
Division and the ranch, hunter crowding, enhancement of hunter harvest, and relative
densities of the species on the ranch.
4. Substitution of licenses of one species or sex for licenses of another species or sex
shall not be permitted.
5. Landowner preference shall not be used for any public or private Ranching for Wildlife
license.
F. Youth Licenses
1. The Division and the ranch may formulate and implement youth hunting opportunities
on any ranch through Division approved youth hunting programs. The Division must
approve the youth hunting program on the ranch prior to any season or license
allocation for such youth hunts.
2. A maximum of 15% of the total number of turkey licenses allocated for a ranch may be
allocated as youth hunting licenses on each ranch, over and above the total number of
licenses allocated for a ranch.
3. Youth hunting seasons may occur at any time within the broad parameters for seasons
within the Ranching for Wildlife program.
4. Youth licenses shall be distributed to individual youth hunters by mechanisms of the
approved youth hunting program on the ranch. Youth licenses shall not count as either
private or public licenses for purposes of calculating the relative share of other licenses
allocated for the ranch.
G. License Distribution
1. Applications
a. Applications for private hunter licenses stamped with the ranch name and season
dates shall be available to the landowner for distribution.
b. Public hunter licenses shall be available through application and selection from the
Division during the annual limited license drawing process, except as provided in
this regulation.
H. Special Restrictions
1. Unless otherwise provided in these Ranching for Wildlife regulations all hunters must
comply with other applicable regulations, including, but not limited to, manner of take
(except that private hunters may use any legal weapon during private seasons),
hunting hours, application requirements and deadlines, bag limits, season
participation, mandatory checks, OHV restrictions, and other generally applicable
regulations for big game hunting.
2. A copy of the mutually agreed upon ranch rules will be provided to all public hunters
prior to their hunting season. All public hunters will be required to sign a statement
acknowledging that they have read, understand, and agree to comply with all ranch
rules, before the hunter is allowed access to the ranch.
a. Compliance with ranch rules is a specific condition of the Ranching for Wildlife
public licenses and subsequent access to the ranch. In addition to criminal
penalties, non-compliance with ranch rules constitutes grounds for suspension and
revocation of the license and/or being prohibited from further participation in
10
hunting on the ranch, and/or in the Ranching for Wildlife program as a public
hunter.
b. Final determination on any legal action taken towards hunters found in noncompliance with ranch rules shall be made solely by officers of the Division. This
includes any citation that may be issued for non-compliance with the provisions of
a license, or directing a hunter to leave a ranch. Ranch personnel may not direct a
hunter to leave a ranch without specific authorization of a Division officer.
#324 - Mink, pine marten, badger, gray fox, red fox, swift fox, raccoon, ring-tailed cat,
striped skunk, western spotted skunk, long-tailed weasel, short-tailed weasel, opossum,
and muskrat
A. Season Dates and Units
1. Statewide: November 1 - end of February annually.
B. Daily Bag and Possession Limits
1. Unlimited bag and possession.
#325 - Bobcat
A. Season Dates and Units
1. Statewide: December 1 - end of February annually.
B. Daily Bag and Possession Limits
1. Unlimited bag and possession.
2. Special Restrictions.
a. All bobcat, or their pelts, shall be personally presented by the licensee for
inspection and must be sealed within 30 days after take, or within 5 days after the
close of the season, whichever is sooner, with a seal provided by the Division. Any
bobcat hide/pelt not having a seal within 5 days after the close of the season shall
be illegal and become property of the State. Seals will only be placed on bobcat
legally taken in Colorado. No fee shall be required for the inspection and issuance
of a legal possession seal, which shall remain attached to the hide until processed.
Bobcat hides/pelts shall not be transported, shipped or otherwise taken out of
Colorado until the hide(s)/pelt(s) are inspected and sealed. The legal possession
seal, when attached to the bobcat or the pelt, shall authorize possession, transpor tation, and sale thereof. For the purposes of this regulation it is illegal to buy, sell,
trade, or barter an untanned bobcat hide/pelt unless a permanent seal is affixed
thereto. Only one legal possession seal shall be provided for each hide/pelt.
#326 - Coyote
A. Season Dates and Units
1. Statewide: January 1 - December 31 annually.
B. Daily Bag and Possession Limits
1. Unlimited bag and possession.
#327 - Badger, muskrat, beaver, red fox, bobcat, skunk, coyote, raccoon, prairie dog,
pocket gopher, rock squirrel and Richardson’s and thirteen-lined ground squirrel
11
A. These species may be taken year-round as necessary to protect private property.
B. A license shall not be required of any person, member of the person's family, lessee,
agent, designee, or any employee of the person when necessary to protect private
property.
#328 - Beaver
A. Season Dates and Units
1. Statewide, October 1 - April 30 annually.
B. Daily Bag and Possession Limits
1. Unlimited bag and possession.
12
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00518
Opinion of the Attorney General rendered in connection with the rules adopted by the
Colorado Parks and Wildlife (406 Series, Wildlife)
on 11/18/2016
2 CCR 406-3
CHAPTER W-3 - FURBEARERS AND SMALL GAME EXCEPT MIGRATORY BIRDS
The above-referenced rules were submitted to this office on 11/21/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:55:30
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Natural Resources
Agency
Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-15
Rule title
2 CCR 406-15 CHAPTER W-15 - LICENSE AGENTS 1 - eff 01/01/2017
Effective date
01/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
FILE - 11/30/2016
FINAL REGULATIONS - CHAPTER W-15 - LICENSE AGENTS
ARTICLE VI - AGENT COMMISSION RATES
#1510 - Agent Commission Rates
See also §33-4-101 C.R.S. relative to license agents and §33-4-102(1.6)(b) C.R.S. for price indexing
information for nonresident big game licenses.
A.
Commission Rates for Retail License Agents: Retail license agents shall be paid a 4.75%
commission for each license sold electronically, except for those licenses with fixed commissions
as shown below.
1.
Fixed Commissions:
License Type
2016
License
Fee
2016
Commission
2017
License Fee
2017
Commission
Second Rod Stamp
$5.00
$.31
$5.00
$.31
$8.00
$.62
$8.00
$.62
$20.00
$1.23
$20.00
$1.23
$10.00
$.62
$10.00
$.62
$375.00
$13.10
$385.00
$13.50
$375.00
$13.10
$385.00
$13.50
$350.00
$12.95
$350.00
$12.95
$350.00
$12.95
$350.00
$12.95
$465.00
$13.10
$480.00
$13.50
$625.00
$22.05
$640.00
$22.70
$625.00
$22.05
$640.00
$22.70
$2,080.00
$72.80
$2,145.00
$74.95
$1,385.00
$48.60
$1,430.00
$50.05
$2,080.00
$72.80
$2,145.00
$74.95
$2,080.00
$72.80
$2,145.00
$74.95
Fishing - 1 day
Fishing - 5 day
Small Game - 1 day
Nonresident Deer
Nonresident Pronghorn
Nonresident Bear
Nonresident Mountain Lion
Nonresident Antlerless Elk
Nonresident Either-sex Elk
Nonresident Antlered Elk
Nonresident Rocky Mtn
Bighorn Sheep
Nonresident Desert
Bighorn Sheep
Nonresident Goat
Nonresident Moose
1
All 2016 licenses sold through March2017 shall be sold at the 2016 license fee and
commission rates.
B.
Commission Rates for the Licensing System Agent: The licensing system agent shall be paid the
commissions shown in the table below for each license sold through the system:
1. Fixed Commissions:
License Sale Type
07/01/2008 06/30/2010
Commission
07/01/2010 07/01/2011 06/30/2011
06/30/2012
07/01/2012
-12/31/2016*
Licenses sold through point of sale
terminals
$1.29
$1.32
$1.34
Licenses sold through the Internet
$2.00
$2.00
$2.00
Licenses sold by telephone
$2.37
$2.37
$2.37
Limited Licenses fulfillment
$1.00
$1.00
$1.00
*The Commission rates for 2016 will remain as listed until the new IPAWS system goes live.
$1.35
$2.00
$2.37
$1.00
a. For Internet and telephone sales, the system agent shall receive an additional
2.2 percent of the cost of the license.
The Commission rates for the licensing system agent after the IPAWS system goes live will be:
2. Commission pricing for any CPW Commissionable Product sold through IPAWS
Commission Rates
Wildlife Products
a. Contractor Commission Fee percent commission rate to cover AWO System operation and maintenance cost for those products less than $100 and not listed below in c.
b. Contractor Commission Fee flat fee commission rate to cover AWO System operation and maintenance cost for those products $100 or greater and not listed below in c. c.1. All Wildlife Applications, regardless of Product Cost. c.2. Parks variable cost products, regardless of actual Product Cost.
Breakout Costs
Contractor credit card fee
Contractor fulfillment fee
2
3.7%
$4.25
$4.25
n/a
2.2%
$1.45
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00519
Opinion of the Attorney General rendered in connection with the rules adopted by the
Colorado Parks and Wildlife (406 Series, Wildlife)
on 11/18/2016
2 CCR 406-15
CHAPTER W-15 - LICENSE AGENTS
The above-referenced rules were submitted to this office on 11/21/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:55:42
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Natural Resources
Agency
Colorado Parks and Wildlife (406 Series, Wildlife)
CCR number
2 CCR 406-16
Rule title
2 CCR 406-16 CHAPTER W-16 - PROCEDURAL RULES 1 - eff 01/01/2017
Effective date
01/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
FILE - 11/30/2016
FINAL REGULATIONS - CHAPTER W-16 - PROCEDURAL RULES
ARTICLE I - MEETINGS
#1601 - Conduct of Meetings
See Article 4 of Title 24, CRS, for rule making and other applicable meeting and hearing requirements
B.
Adjudicatory Hearings
2. License Suspension Appeals
See § 33-6-106, CRS for additional detail and requirements
a. All license suspensions will be heard initially and decided by the Commission’s hearing
examiner. A copy of the hearing examiner’s initial decision shall be sent to the licensee by
certified mail, return receipt requested, to the last known address of such person. The
hearing examiner’s decision shall advise him or her of the right to appeal that decision to the
Commission. Any person seeking or otherwise requiring Commission review of the hearing
examiner’s decision shall file a written request for review with the Commission (and provide a
copy to the hearing examiner). Such request for review shall be mailed to the Commission
within thirty (30) days of receipt of the hearing examiner’s decision. If a timely appeal is not
made to the Commission, the hearing examiner’s decision shall become effective as of (1)
the date stated therein (in no event sooner than 35 days after the issuance of such decision)
or (2) the date of licensee’s receipt of the decision or of attempted delivery to the licensee’s
last known address, whichever is later. If a timely appeal is made to the Commission, the
hearing examiner shall send notice to the licensee of the date of their scheduled hearing
before the Commission and advise that the hearing examiner’s initial decision to suspend is
automatically stayed pending Commission review and final action.
b. The request for review shall include:
1) the person’s name, address, telephone number and case file number;
2) a narrative statement of the person’s position, including a complete statement of the
factual and statutory basis supporting relief from the decision of the hearing examiner
and the relief requested;
3) copies of any written documentation or documentary evidence submitted to the hearing
examiner;
4) copy of the hearing examiner’s decision, including the findings of fact and conclusions of
law, and;
5) a copy of the transcript of the hearing on the suspension of license privileges conducted
by the hearing examiner. The person requesting review shall be responsible for the
production of the transcript.
c. Commission review will be based on the request for review and any additional written
materials and documentary evidence provided to the Commission by the hearing examiner in
response to the request for review, and unless the Commission directs otherwise, there will
be no oral presentations or further submittals to the Commission.
d. Except as may otherwise be directed by the Commission, license suspensions will be
reviewed at the next regular meeting of the Commission following their receipt, provided the
request for review is received by the Commission at least thirty days prior to the meeting.
The decision of the Commission shall become effective the date of the licensee’s receipt of
the decision or the date of attempted delivery to the licensee’s last known address.
e. Written notice of the final decision of the commission shall be sent to the licensee by certified
mail, return receipt requested, to the last known address of such person. The notice shall
advise the licensee that he or she may appeal the Commission’s suspension decision to the
state district court as provided in § 24-4-106, C.R.S., by bringing an action for judicial review
1
f.
within 30 days after such action becomes effective. If such judicial action is initiated, the
licensee may contemporaneously apply in writing to the Commission (and provide a copy to
the hearing examiner) for a stay of the license privileges suspension pending review and final
action by the district court. If requested, the Commission shall automatically grant such stay.
When deciding upon the duration of any license privileges suspension term, the hearing
examiner will consider the facts of the underlying violation(s) giving rise to the criminal
conviction(s) and the administrative license suspension hearing, along with all relevant written
materials and documentary evidence contained in the Division’s records, all written materials
and documentary evidence provided by the party prior to the administrative license
suspension hearing, and all evidence provided during the hearing, and will give specific
consideration to the absence or presence of the following factors:
1) Whether the violation(s) caused or resulted in the take of wildlife, injury or death of a
person, or damage to or destruction of public or private property;
2) The number of violations arising from the same transaction or occurrence;
3) Whether the violation(s) involved the take of species listed as endangered, threatened or
of special concern;
4) Whether the violation(s) involved the take of trophy wildlife;
5) Whether the violation(s) showed an intentional, knowing, or negligent disregard for
wildlife or public safety;
6) Whether the violation(s) involved intentional, knowing or negligent action on behalf of the
party;
7) Whether the party has any prior violations of wildlife statutes or regulations, or violations
of state or federal law committed while hunting, fishing, or engaging in a related activity;
8) Whether the party has any prior license suspensions;
9) Whether the violation(s) occurred while the party was subject to a prior suspension or
otherwise unlicensed;
10) Whether the violation(s) involved any assault or threat to or resisting a peace officer;
11) Whether the party self-reported the violation(s) or otherwise attempted to remedy or
ameliorate the harm caused by the violation(s);
12) The experience and age of the party and other social factors or circumstances associated
with the violation(s);
13) Whether the party interfered with or hindered the investigation of the violation(s);
14) The criminal penalties imposed as part of the violation(s);
15) Whether the party acted alone or in concert with other parties;
16) The species and the number of wildlife taken, and;
17) Whether the violation(s) involved any specified illegal manner of take (use of bait, traps,
snares, poison, etc.).
Based on all the evidence presented, the hearing examiner will determine the weight to be
given to any factor and that factor’s effect on the duration of the suspension term.
3. Review of Petitions for Declaratory Orders
See §§ 24-4-105(11), CRS for additional detail and requirements
a. Any person may petition the Commission for a declaratory order to terminate a controversy or
to remove uncertainty as to the applicability to the petitioner of any statutory provision or any
rule or order of the Commission.
b. The petition must be in writing and shall include:
1) the petitioner’s name, address and telephone number;
2) the statutory provision, rule or order at issue;
3) a narrative statement of all facts necessary to show the nature of the controversy or
uncertainty and the manner in which the statutory provision, rule or order applies or
potentially applies to the petitioner;
c. The Commission will determine, in its discretion and without notice to the petitioner, whether
to rule upon the petition.
2
d. Commission review, if any, will be based on the petition and any additional written materials
and documentary evidence provided to the Commission by the Division in response to the
petition, and unless the Commission directs otherwise, there will be no oral presentations or
further submittals to the Commission.
e. Except as may otherwise be directed by the Commission, petitions for declaratory orders will
be reviewed at the next regular meeting of the Commission following their receipt, provided
the petition is received by the Commission at least thirty days prior to the meeting.
f. The petitioner will be notified of the Commission’s action on the petition and the reasons for
such action.
4. All Other Adjudicatory Hearings
See §§ 24-4-105 and 33-1-111, CRS for additional detail and requirements
a. Unless the Commission directs otherwise, all other adjudicatory matters within the jurisdiction
of the Commission will be heard initially and decided by an administrative law judge within the
Division of Administrative Hearings.
b. Any person requesting an adjudicatory hearing on a matter within the jurisdiction of the
Commission shall file a written request for a hearing with the Commission.
c. The request for an adjudicatory hearing shall include:
1) the person’s name, address and telephone number;
2) a narrative statement of the person’s position, including a complete statement of the
factual basis and legal justification for any relief requested;
3) copies of any written documentation or documentary evidence supporting the person’s
position;
d. Except as may otherwise be directed by the Commission, requests for adjudicatory hearings
will be reviewed at the next regular meeting of the Commission following their receipt,
provided the request is received by the Commission at least thirty days prior to the meeting.
There will be no oral presentations to the Commission.
e. The person will be notified of the assignment of the matter to the Division of Administrative
Hearings or whether the Commission will hear the matter itself.
f. All further proceedings will be conducted in accordance with §§ 24-4-105, CRS
5. Requests to End Previous License Suspensions
See 33-6-106(9) (a), for additional detail and requirements
a. A person may petition the Commission to end a suspension at least 10 years in duration in
accordance with 33-6-106(9) C.R.S.
b. The request for review shall be submitted to the Office of the Hearings Examiner at 6060 N.
Broadway, Denver, CO 80216, and shall include:
1) the petitioner’s name, address and telephone number;
2) a narrative statement of the petitioner’s position supporting relief from the decision of
suspension, including, but not limited to, a statement as to why the petitioner is unlikely to
violate wildlife statutes and regulations in the future;
3) copies of any written documentation of documentary evidence in support of the petitioner’s
request for review.
c. Commission review will be based on the request for review, and any written materials or
documentary evidence provided to the Commission by the Division, in response to the
request for review submitted by the claimant, and unless the Commission directs otherwise,
there will be no oral presentations or further submittals to the Commission.
d. In the case of termination of a suspension, unless waived by the Commission at that same
hearing, a petitioner must complete the following requirements prior to the purchase of any
license:
1) Pay a reinstatement fee of three hundred dollars;
3
2) Perform forty hours of service under the Division’s direction on wildlife or state parks
projects; and
3) Successfully pass a Hunter’s Safety course.
4
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00520
Opinion of the Attorney General rendered in connection with the rules adopted by the
Colorado Parks and Wildlife (406 Series, Wildlife)
on 11/18/2016
2 CCR 406-16
CHAPTER W-16 - PROCEDURAL RULES
The above-referenced rules were submitted to this office on 11/21/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:55:55
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Regulatory Agencies
Agency
Division of Insurance
CCR number
3 CCR 702-2
Rule title
3 CCR 702-2 CORPORATE ISSUES 1 - eff 01/01/2017
Effective date
01/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
3 CCR 702-2
CORPORATE ISSUES
Amended Regulation 2-1-7
CONCERNING ISSUANCE OF A CERTIFICATE OF AUTHORITY
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Authority
Scope and Purpose
Applicability
Application by Foreign Insurers
Formation of a Colorado Domestic Insurer
Change to Existing Authority
Reinstatement of Suspended Authority
Confidentiality
Severability
Enforcement
Effective Date
History
Section 1
Authority
This regulation is promulgated and adopted by the Commissioner of Insurance under the authority of §§
10-1-109, 10-14-505, C.R.S.
Section 2
Scope and Purpose
The purpose of this regulation is to clarify the standards for issuing certificates of authority to transact
insurance business in Colorado to insurers, fraternal benefit societies and interinsurance exchanges.
Section 3
Applicability
This regulation applies to any company seeking a Certificate of Authority as a property, casualty, multiple
line, life or title insurer, fraternal benefit society or interinsurance exchange, or any such company seeking
to add lines of business, redomesticate, change its name or otherwise amend its Certificate of Authority.
Section 4
Application by Foreign Insurers
A.
Any foreign company seeking a Certificate of Authority in Colorado as an insurer, fraternal benefit
society, or interinsurance exchange shall submit a UCAA expansion application.
B.
An applicant’s capital and surplus must meet or exceed the minimum required by Colorado
statute. Section 10-3-201, C.R.S. establishes the minimum amount of capital and surplus for each
company type. The Division will review both the applicant’s company type as determined by its
state of domicile and the lines of business that it currently writes. The Division will determine the
minimum required under each of these scenarios and apply the greater of the two amounts. For
example, an insurer licensed as a multiple line carrier by its state of domicile, which currently only
writes casualty lines of business as defined by a Colorado certificate of authority, would be
considered a multiple line carrier in Colorado. As such the company would need to meet the
capital and surplus requirement for a multiple line company.
C.
If the company's operation is predominately that of a reinsurer the surplus requirements of a
reinsurer pursuant to § 10-3-701 et. seq., C.R.S. must be met. The $20 million surplus
requirement shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements
among insurers in the same holding company system.
D.
The applicant must demonstrate the ability to maintain the minimum level of capital and surplus at
the time of initial licensure and on an on-going basis. This includes the ability to fund for product
development and for other causes of surplus strain resulting from increasing business writings or
new business ventures. An amount in excess of the statutory minimum capital and surplus is
necessary at the time of licensure to ensure that the company has a sufficient cushion to absorb
any surplus strain. Generally, the applicant should have three (3) times the authorized control
level based on the most recent annual risk based capital calculation.
E.
The applicant must have a sound business plan, sufficient capital to support the plan, and
adequate access to additional capital. In addition, the applicant must also demonstrate favorable
liquidity, adequate reinsurance from companies authorized in this state, sound management, at
least three years of favorable operating results from the three most recent year-end financial
statements, and stable revenue, earnings and surplus trends. The commissioner may waive the
three years of favorable operating results requirement if the applicant:
1.
Is the wholly owned subsidiary or affiliate of an insurance company with common
management and operations licensed or authorized to transact insurance in the State of
Colorado, or
2.
Is the successor in interest through merger or consolidation of an insurance company
authorized in Colorado, or
3.
Is seeking authority to write only crop insurance policies reinsured by the Federal Crop
Insurance Corporation and the applicant company is designated by the United States
Department of Agriculture to provide insurance coverage through the Standard
Reinsurance Agreement, or
4.
Is seeking authority to write a line, or lines, of insurance business that is underserved in
this state. Any applicant seeking a waiver of the three years of favorable operating results
requirement pursuant to this provision shall supplement the other required application
documents with the following:
5.
a.
Information and documentation as may be necessary to demonstrate to the
Commissioner that there is no reasonable or adequate market among authorized
insurers for the type of coverage involved in the request
b.
Documentation that the applicant possesses the financial capability to adequately
fund the loss and underwriting costs associated with the type of coverage
involved
c.
A certification from the applicant acknowledging that if the requested waiver is
approved, the applicant’s authority to transact business shall be limited to the
line, or lines of business and type, or types, of coverage involved in the request,
or
Is determined by the Commissioner to:
a.
Demonstrate adequate surplus strength;
b.
Have made a special deposit with the Commissioner for the sole benefit of
Colorado policyholders;
c.
Have submitted sufficient documentation detailing such mitigating factors as the
severity, cause(s), and timing of statutory losses; surplus strength of the
applicant; and financial strength of the applicant's parent and/or other affiliates
licensed in Colorado and under common control with the applicant; and
d.
Be in the public interest to grant the waiver.
F.
The commissioner may require an actuarial opinion and a surplus sufficiency report prior to
licensure or at any time after licensure when the commissioner believes that there is a need to
review the adequacy of the available surplus with respect to the types of assets and writings of
the company. A company seeking licensure must be authorized by any its domiciliary state to
write the lines of insurance being requested and demonstrate that it possesses the expertise
necessary to write and service such insurance. An applicant who is increasing its market to
include new products is also required to demonstrate the necessary expertise. The commissioner
may waive this requirement if the company is affiliated with a company licensed in Colorado that
writes the same type of insurance being requested. An applicant may be required to provide a
guaranty on a form prescribed by the commissioner, to maintain surplus either at the amount
required by statute or three (3) times the authorized control level based on the most recent
annual risk based capital calculation, whichever is greater.
G.
The commissioner may require any applicant, or affiliated company of the applicant to remedy
any hazardous financial condition as outlined in Colorado Insurance Regulation 3-1-7 prior to
licensure.
H.
Substantial errors, fraudulent statements contained in an application or incomplete applications
constitute sufficient grounds for denial of the application.
I.
The most recent financial examination of the applicant must be submitted to the commissioner
and have an “as of” date no more than five years prior to the date of the application for licensure.
Section 5
Formation of a Colorado Domestic Insurer
A.
An application for the formation of a Colorado domestic insurance company as an insurer,
fraternal benefit society, or interinsurance exchange must be the UCAA primary application. The
applicant company’s plan of operation narrative must include an explanation of how § 10-3128(1), C.R.S. requirements will be fulfilled.
B.
The applicant must demonstrate the ability to maintain the minimum level of capital and surplus at
the time of initial licensure and on an on-going basis. This includes the ability to fund for product
development and for other causes of surplus strain resulting from increasing business writings or
new business ventures. An amount in excess of the statutory minimum capital and surplus is
necessary at the time of licensure to ensure that the company has a sufficient cushion to absorb
any surplus strain. Generally, the applicant should have three (3) times the authorized control
level based on the most recent annual risk based capital calculation.
C.
If the company's operation is predominately that of a reinsurer the surplus requirements of a
reinsurer pursuant to § 10-3-701 et. seq., C.R.S. must be met. The $20 million surplus
requirement shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements
among insurers in the same holding company system.
D.
The applicant must have a sound business plan, sufficient capital to support the plan, and
adequate access to additional capital. In addition, the applicant must also demonstrate favorable
liquidity, adequate reinsurance from companies authorized in this state, sound management, and
stable revenue, earnings and surplus trends.
E.
The commissioner may require an actuarial opinion and report of the company’s surplus
adequacy prior to licensure or at any time during which the company is licensed when it is
believed that there is a need to review the adequacy of the available surplus with respect to the
types of assets and writings of the company.
F.
Substantial errors, fraudulent statements contained in an application or incomplete applications
constitute sufficient grounds for denial of the application.
Section 6
Change to Existing Authority
A.
A company may submit a UCAA corporate amendments application to add or delete lines of
business, redomesticate, change its name or otherwise amend its Certificate of Authority.
B.
The Commissioner will determine whether the company has the necessary expertise, experience
and financial ability for continued licensure in Colorado after the proposed change.
Section 7
Reinstatement of Suspended Authority
Any suspended foreign or domestic insurer, fraternal benefit society or interinsurance exchange may
have its certificate of authority reinstated by demonstrating that it meets all the conditions and standards
for licensure. Applications must be on a form prescribed by the Commissioner.
Section 8
Confidentiality
A.
Documents submitted in compliance with this regulation, shall generally be considered public
records under the public records act, § 24-72-200.1, C.R.S., et seq.
B.
If an applicant considers a document to be confidential, the applicant must submit the document
under separate cover clearly labeled "CONFIDENTIAL" with an explanation of why the applicant
believes the documents are confidential.
C.
Documentation found to be confidential by the Division will be maintained in a separate,
confidential file and will not be released to the general public for inspection or copying except
upon court order or agreement of the applicant.
Section 9
Severability
If any provision of this regulation or the application of it to any person or circumstance is for any reason
held to be invalid, the remainder of this regulation shall not be affected.
Section 10
Enforcement
Non compliance with this regulation may result in the imposition of any of the sanctions made available in
the Colorado statutes pertaining to the business of insurance or other laws which include the imposition of
civil penalties, issuance of cease and desist orders, and/or suspensions or revocation of license, subject
to the requirements of due process.
Section 11
Effective Date
This regulation shall become effective January 1, 2017.
Section 12
History
Originally adopted November 1, 1990.
Amended September 1, 1992.
Amended March 1, 1994.
Amended November 1, 1999.
Amended September 1, 2002.
Amended March 1, 2012.
Amended regulation effective January 1, 2017.
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
Office of the Attorney General
Tracking number: 2016-00462
Opinion of the Attorney General rendered in connection with the rules adopted by the
Division of Insurance
on 11/10/2016
3 CCR 702-2
CORPORATE ISSUES
The above-referenced rules were submitted to this office on 11/10/2016 as required by section 24-4-103,
C.R.S. This office has reviewed them and finds no apparent constitutional or legal deficiency in their form
or substance.
November 28, 2016 11:57:12
Cynthia H. Coffman
Attorney General
by Frederick R. Yarger
Solicitor General
Permanent Rules Adopted
Department
Department of Regulatory Agencies
Agency
Division of Insurance
CCR number
3 CCR 702-3
Rule title
3 CCR 702-3 FINANCIAL ISSUES 1 - eff 01/01/2017
Effective date
01/01/2017
Colorado Register, Vol. 39, No. 23, December 10, 2016
DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
3 CCR 702-3
AMENDED REGULATION 3-1-4 CONCERNING A COMPANY’S ANNUAL AUDITED FINANCIAL
REPORTS, AUDIT COMMITTEE AND INTERNAL CONTROL DEPARTMENT REQUIREMENTS
Section
Section
Section
Section
Section
1
2
3
4
5
Section
Section
Section
Section
Section
Section
Section
Section
Section
6
7
8
9
10
11
12
13
14
Section 15
Section 16
Section 17
Section
Section
Section
Section
Section
Section
Section
Section
18
19
20
21
22
23
24
25
Section 1
Authority
Scope and Purpose
Applicability
Definitions
General Requirements Related to Filing and Extensions for Filing of Annual Audited
Financial Report and Audit Committee Appointment
Contents of Annual Audited Financial Report
Designation of Independent Certified Public Accountant
Qualifications of Independent Certified Public Accountant
Consolidated or Combined Audits
Scope of Audit and Report of Independent Certified Public Accountant
Notification of Adverse Financial Condition
Communication of Internal Control Related Matters Noted in an Audit
Accountant’s Letter of Qualifications
Definition, Availability and Maintenance of Independent Certified Public Accountant
Workpapers
Requirements for Audit Committees
Internal Audit Function Requirements
Conduct of Company in Connection with the Preparation of Required Reports and
Documents
Management’s Report of Internal Control over Financial Reporting
Exemptions and Effective Dates
Canadian and British Companies
Severability Provision
Incorporated Materials
Enforcement
Effective Date
History
Authority
This regulation is promulgated under the authority of §§10-1-108(7), 10-1-109, 10-1-203, 10-3-109, 103-118, 10-3-208, 10-5-117, 10-6-114, 10-6-129, 10-14-505, 10-14-602, 10-16-109, 10-16-111 and 8-45121 C.R.S.
Section 2
Scope and Purpose
The purpose of this regulation is to improve the Division’s surveillance of the financial condition of
companies by requiring: (1) an annual audit of financial statements reporting the financial position and
the results of operations of companies by independent certified public accountants, (2) Communication
of Internal Control Related Matters Noted in an Audit, and (3) Management’s Report of Internal Control
over Financial Reporting.
This regulation shall not prohibit, preclude or in any way limit the Commissioner from ordering or
conducting or performing examinations of companies under the rules and regulations of the Division
and the practices and procedures of the Division.
Section 3
Applicability
Every company (as defined in Section 4) shall be subject to this regulation. Companies having direct
premiums written in this state of less than $1,000,000 in any calendar year and less than 1,000
policyholders or certificate holders of direct written policies nationwide at the end of the calendar year
shall be exempt from this regulation for the year (unless the Commissioner makes a specific finding
that compliance is necessary for the Commissioner to carry out statutory responsibilities) except that
companies having assumed premiums pursuant to contracts and/or treaties of reinsurance of
$1,000,000 or more will not be so exempt.
Foreign or alien insurers filing the audited financial report in another state, pursuant to that state’s
requirement for filing of audited financial reports, which has been found by the Commissioner to be
substantially similar to the requirements herein, are exempt from Sections 5 through 14 of this
regulation if:
A.
A copy of the audited financial report, Communication of Internal Control Related Matters
Noted in an Audit, and the Accountant’s Letter of Qualifications that are filed with the other
state are filed with the Commissioner in accordance with the filing dates specified in Sections
5, 12 and 13, respectively (Canadian insurers may submit accountants’ reports as filed with the
Office of the Superintendent of Financial Institutions, Canada).
B.
A copy of any Notification of Adverse Financial Condition Report filed with the other state is
filed with the Commissioner within the time specified in Section 11.
Foreign or alien insurers required to file Management’s Report of Internal Control over Financial
Reporting in another state are exempt from filing the Report in this state provided the other state has
substantially similar reporting requirements and the Report is filed with the Commissioner of the other
state within the time specified.
Section 4
Definitions
A.
“Accountant” or “independent certified public accountant” means, for the purposes of this
regulation, an independent certified public accountant or accounting firm in good standing with
the American Institute of Certified Public Accountants (AICPA) and in all states in which he or
she is licensed to practice; for Canadian and British companies, it means a Canadian
chartered or British-chartered accountant.
B.
An “affiliate” of, or person “affiliated” with, a specific person, means , for the purposes of this
regulation, a person that directly, or indirectly through one or more intermediaries, controls, or
is controlled by, or is under common control with, the person specified.
C.
“Audit committee” means, for the purposes of this regulation, a committee (or equivalent body)
established by the board of directors of an entity for the purpose of overseeing: the accounting
and financial reporting processes of a company or group of insurers; the internal audit s
function of a company or group of insurers; and the external audits of financial statements of
the company or group of insurers. The Audit committee of any entity that controls a group of
insurers may be deemed to be the Audit committee for one or more of these controlled
companies solely for the purposes of this regulation at the election of the controlling person.
Refer to Section 15.E. for exercising this election. If an Audit committee is not designated by
the company, the company’s entire board of directors shall constitute the Audit committee.
D.
“Audited financial report” means, for the purposes of this regulation, and includes those items
specified in Section 6 of this regulation.
E.
“Commissioner” means, for the purposes of this regulation, the Commissioner of Insurance for
the State of Colorado.
F.
"Company" means, for the purposes of this regulation, an insurer, captive insurance company,
health maintenance organization or Pinnacol Assurance.
G.
“Division” means, for the purposes of this regulation, the Colorado Division of Insurance.
H.
“Indemnification” means, for the purposes of this regulation, an agreement of indemnity or a
release from liability where the intent or effect is to shift or limit in any manner the potential
liability of the person or firm for failure to adhere to applicable auditing or professional
standards, whether or not resulting in part from knowing of other misrepresentations made by
the company or its representatives.
I.
“Insurer” means, for the purposes of this regulation, a licensed insurance company, authorized
surplus lines insurance company, authorized non-admitted reinsurer, nonprofit hospital,
medical-surgical, and health service corporation or fraternal benefit society.
J.
“Group of insurers” means, for the purposes of this regulation, those licensed insurers included
in the reporting requirements of §10-3-801 et seq., C.R.S., or a set of insurers as identified by
management, for the purpose of assessing the effectiveness of internal control over financial
reporting.
K.
“Internal audit function” means, for the purposes of this regulation, a person or persons that
provide independent, objective and reasonable assurance designed to add value and improve
an organization’s operations and accomplish its objectives by bringing a systematic disciplined
approach to evaluate and improve the effectiveness of risk management, control and
governance processes.
L.
“Internal control over financial reporting” means, for the purposes of this regulation, a process
effected by an entity’s board of directors, management and other personnel designed to
provide reasonable assurance regarding the reliability of the financial statements, i.e., those
items specified in Section 6.B. through 6.G. of this regulation and includes those policies and
procedures that:
1.
Pertain to the maintenance of records that, in reasonable detail, accurately and fairly
reflect the transactions and dispositions of assets;
2.
Provide reasonable assurance that transactions are recorded as necessary to permit
preparation of the financial statements, i.e., those items specified in Section 6.B.
through 6G of this regulation and that receipts and expenditures are being made only
in accordance with authorizations of management and directors; and
3.
Provide reasonable assurance regarding prevention or timely detection of unauthorized
acquisition, use or disposition of assets that could have a material effect on the
financial statements, i.e., those items specified in Section 6.B. through 6G of this
regulation.
M.
“SEC” means, for the purposes of this regulation, the United States Securities and Exchange
Commission.
N.
“Section 404” means, for the purposes of this regulation, Section 404 of the Sarbanes-Oxley
Act of 2002 and the SEC’s rules and regulations promulgated thereunder.
O.
“Section 404 Report” means, for the purposes of this regulation, management’s report on
“internal control over financial reporting” as defined by the SEC and the related attestation
report of the independent certified public accountant as described in Section 4.A.
P.
“SOX Compliant Entity” means an entity that either is required to be compliant with, or
voluntarily is compliant with, all of the following provisions of the Sarbanes- Oxley Act of 2002:
(i) the preapproval requirements of Section 201 (Section 10A(i) of the Securities Exchange Act
of 1934); (ii) the Audit committee independence requirements of Section 301 (Section 10A(m)
(3) of the Securities Exchange Act of 1934); and (iii) the internal control over financial reporting
requirements of Section 404 (Item 308 of SEC Regulation S-K).
Section 5
General Requirements Related to Filing and Extensions for Filing of Annual
Audited Financial Reports and Audit Committee Appointment
A.
All companies shall have an annual audit by an independent certified public accountant and
shall file an audited financial report with the Commissioner on or before June 1 for the year
ended December 31 immediately preceding. The Commissioner may require a company to file
an audited financial report earlier than June 1 with ninety (90) days advance notice to the
company.
B.
Extensions of the June 1 filing date may be granted by the Commissioner for thirty day periods
upon a showing by the company and its independent certified public accountant of the reasons
for requesting an extension and determination by the Commissioner of good cause for an
extension. The request for extension must be submitted in writing not less than ten (10) days
prior to the due date in sufficient detail to permit the Commissioner to make an informed
decision with respect to the requested extension.
C.
If an extension is granted in accordance with the provisions in Section 5.B., a similar extension
of thirty (30) days is granted to the filing of Management’s Report of Internal Control over
Financial Reporting.
D.
Every company required to file an annual audited financial report pursuant to this regulation
shall designate a group of individuals as constituting its audit committee, as defined in Section
4. The audit committee of an entity that controls a company may be deemed to be the
company’s audit committee for purposes of this regulation at the election of the controlling
person.
Section 6
Contents of Annual Audited Financial Report
The annual audited financial report shall report the financial position of the company as of the end of
the most recent calendar year and the results of its operations, cash flows and changes in capital and
surplus for the year then ended, in conformity with statutory accounting practices prescribed, or
otherwise permitted, by the Department of Insurance of the state of domicile.
The annual audited financial report shall include the following:
A.
Report of independent certified public accountant.
B.
Balance sheet reporting admitted assets, liabilities, capital and surplus.
C.
Statement of operations.
D.
Statement of cash flow.
E.
Statement of changes in capital and surplus.
F.
Notes to financial statements. These notes shall be those required by the appropriate NAIC
Annual Statement Instructions and the NAIC Accounting Practices and Procedures Manual. The
notes shall include a reconciliation of differences, if any, between the audited statutory
financial statements and the annual statement filed pursuant to §§10-3-109, 10-3-208, 10-5-
110, 10-6-114, 10-14-602, 10-16-111 or 8-45-117, C.R.S., with a written description of the
nature of these differences.
G.
The financial statements included in the audited financial report shall be prepared in a form
and using language and groupings substantially the same as the relevant sections of the
annual statement of the company filed with the Commissioner, and the financial statement
shall be comparative, presenting the amounts as of December 31 of the current year and the
amounts as of the immediately preceding December 31. However, in the first year in which a
company is required to file an audited financial report, the comparative data may be omitted.
Section 7
Designation of Independent Certified Public Accountant
A.
Each company required by this regulation to file an annual audited financial report must within
sixty (60) days after becoming subject to the requirement, register with the Commissioner in
writing the name and address of the independent certified public accountant or accounting firm
retained to conduct the annual audit set forth in this regulation. Companies not retaining an
independent certified public accountant on the effective date of this regulation shall register the
name and address of their retained independent certified public accountant not less than six
(6) months before the date when the first audited financial report is to be filed.
B.
The company shall obtain a letter from the accountant, and file a copy with the Commissioner
stating that the accountant is aware of the provisions of the insurance code and the regulations
of the insurance department of the state of domicile that relate to accounting and financial
matters and affirming that the accountant will express his or her opinion on the financial
statements in terms of their conformity to the statutory accounting practices prescribed or
otherwise permitted by that insurance department, specifying such exceptions as he or she
may believe appropriate.
C.
If an accountant who was the accountant for the immediately preceding filed audited financial
report is dismissed or resigns, the company shall within five (5) business days notify the
Commissioner of this event. The company shall also furnish the Commissioner with a separate
letter within ten (10) business days of the above notification stating whether in the twenty-four
(24) months preceding such event there were any disagreements with the former accountant
on any matter of accounting principles or practices, financial statement disclosure, or auditing
scope or procedure; which disagreements, if not resolved to the satisfaction of the former
accountant, would have caused him or her to make reference to the subject matter of the
disagreement in connection with his or her opinion. The disagreements required to be reported
in response to this section include both those resolved to the former accountant’s satisfaction
and those not resolved to the former accountant’s satisfaction. Disagreements contemplated
by this section are those that occur at the decision-making level, i.e., between personnel of the
company responsible for presentation of its financial statements and personnel of the
accounting firm responsible for rendering its report. The company shall also in writing request
the former accountant to furnish a letter addressed to the company stating whether the
accountant agrees with the statements contained in the company’s letter and, if not, stating the
reasons for which he or she does not agree; and the company shall furnish the responsive
letter from the former accountant to the Commissioner together with its own.
Section 8
A.
Qualifications of Independent Certified Public Accountant
The Commissioner shall not recognize a person or firm as a qualified independent certified
public accountant if the person or firm:
1.
Is not in good standing with the AICPA and in all states in which the accountant is
licensed to practice, or, for a Canadian or British company, that is not a chartered
accountant; or
2.
Has either directly or indirectly entered into an agreement of indemnity or release from
liability (collectively referred to as indemnification) with respect to the audit of the
company.
B.
Except as otherwise provided in this regulation, the Commissioner shall recognize an
independent certified public accountant as qualified as long as he or she conforms to the
standards of his or her profession as contained in the Code of Professional Ethics of the
American Institute of Certified Public Accountants, and the Rules and Regulations and Code of
Ethics and Rules of Professional Conduct of the Colorado State Board of Accountancy.
C.
A qualified independent certified public accountant may enter into an agreement with a
company to have disputes relating to an audit resolved by mediation or arbitration. However, in
the event of a delinquency proceeding commenced against the company under §10-3-401, et
seq., C.R.S., the mediation or arbitration provisions shall operate at the option of the statutory
successor.
D.
The lead (or coordinating) audit partner (having primary responsibility for the audit) may not
act in that capacity for more than five (5) consecutive years. The person shall be disqualified
from acting in that or a similar capacity for the same company or its insurance subsidiaries or
affiliates for a period of five (5) consecutive years. A company may make application to the
Commissioner for relief from the above rotation requirement on the basis of unusual
circumstances. This application should be made at least thirty (30) days before the end of the
calendar year. The Commissioner may consider the following factors in determining if the relief
should be granted:
1.
Number of partners, expertise of the partners or the number of insurance clients in the
currently registered firm;
2.
Premium volume of the company; or
3.
Number of jurisdictions in which the company transacts business.
E.
The insurer shall file, with its annual statement filing, the approval for relief from Subsection
D.1. with the states that it is licensed in or doing business in and with the NAIC. If the
nondomestic state accepts electronic filing with the NAIC, the insurer shall file the approval in
an electronic format acceptable to the NAIC.
F.
The Commissioner shall neither recognize as a qualified independent certified public
accountant, nor accept an annual audited financial report, prepared in whole or in part by, a
natural person who:
G.
1.
Has been convicted of fraud, bribery, a violation of the Racketeer Influenced and
Corrupt Organizations Act, 18 U.S.C. Sections 1961 to 1968, or any dishonest conduct
or practices under federal or state law;
2.
Has been found to have violated the insurance laws of this state with respect to any
previous reports submitted under this regulation; or
3.
Has demonstrated a pattern or practice of failing to detect or disclose material
information in previous reports filed under the provisions of this regulation.
The Commissioner of insurance may hold a hearing to determine whether an independent
certified public accountant is qualified and, considering the evidence presented, may rule that
the accountant is not qualified for purposes of expressing his or her opinion on the financial
statements in the annual audited financial report made pursuant to this regulation and require
the company to replace the accountant with another whose relationship with the company is
qualified within the meaning of this regulation.
H.
The Commissioner shall not recognize as a qualified independent certified public accountant,
nor accept an annual audited financial report, prepared in whole or in part by an accountant
who provides to a company, contemporaneously with the audit, the following non-audit
services:
1.
Bookkeeping or other services related to the accounting records or financial statements
of the company;
2.
Financial information systems design and implementation;
3.
Appraisal or valuation services, fairness opinions, or contribution-in-kind reports;
4.
Actuarially-oriented advisory services involving the determination of amounts recorded
in the financial statements. The accountant may assist a company in understanding
the methods, assumptions and inputs used in the determination of amounts recorded
in the financial statement only if it is reasonable to conclude that the services provided
will not be subject to audit procedures during an audit of the company’s financial
statements. An accountant’s actuary may also issue an actuarial opinion or certification
(“opinion”) on a company’s reserves if the following conditions have been met:
a.
Neither the accountant nor the accountant’s actuary has performed any
management functions or made any management decisions;
b.
The company has competent personnel (or engages a third party actuary) to
estimate the reserves for which management takes responsibility; and
c.
The accountant’s actuary tests the reasonableness of the reserves after the
company’s management has determined the amount of the reserves.
5.
Internal audit outsourcing services;
6.
Management functions or human resources;
7.
Broker or dealer, investment adviser, or investment banking services;
8.
Legal services or expert services unrelated to the audit; or
9.
Any other services that the Commissioner determines, by regulation, are
impermissible.
I.
In general, the principles of independence with respect to services provided by the qualified
independent certified public accountant are largely predicated on three basic principles,
violations of which would impair the accountant’s independence. The principles are that the
accountant cannot function in the role of management, cannot audit his or her own work, and
cannot serve in an advocacy role for the company.
J.
Companies having direct written and assumed premiums of less than $100,000,000 in any
calendar year may request an exemption from Subsection G.1. The company shall file with the
Commissioner a written statement discussing the reasons why the company should be exempt
from these provisions. If the Commissioner finds, upon review of this statement, that
compliance with this regulation would constitute a financial or organizational hardship upon the
company, an exemption may be granted.
K.
A qualified independent certified public accountant who performs the audit may engage in
other non-audit services, including tax services, that are not described in Subsection G.1. or
that do not conflict with Subsection G.2.), only if the activity is approved in advance by the
Audit committee, in accordance with Subsection J.
L.
All auditing services and non-audit services provided to a company by the qualified
independent certified public accountant of the company shall be preapproved by the Audit
committee. The preapproval requirement is waived with respect to non-audit services if the
company is a SOX Compliant Entity or a direct or indirect wholly-owned subsidiary of a SOX
Compliant Entity or:
1.
The aggregate amount of all such non-audit services provided to the company
constitutes not more than five percent (5%) of the total amount of fees paid by the
company to its qualified independent certified public accountant during the fiscal year
in which the non-audit services are provided;
2.
The services were not recognized by the company at the time of the engagement to be
non-audit services; and
3.
The services are promptly brought to the attention of the Audit committee and
approved prior to the completion of the audit by the Audit committee or by one or more
members of the Audit committee who are the members of the board of directors to
whom authority to grant such approvals has been delegated by the Audit committee.
M.
The Audit committee may delegate to one or more designated members of the Audit committee
the authority to grant the preapprovals required by Subsection J. The decisions of any member
to whom his authority is delegated shall be presented to the full Audit committee at each of its
scheduled meetings.
N.
The Commissioner shall not recognize an independent certified public accountant as qualified
for a particular company if a member of the board, president, chief executive officer, controller,
chief financial officer, chief accounting officer, or any person serving in an equivalent position
for that company, was employed by the independent certified public accountant and
participated in the audit of that company during the one-year period preceding the date that the
most current statutory opinion is due. This section shall only apply to partners and senior
managers involved in the audit. A company may make application to the Commissioner for
relief from the above requirement on the basis of unusual circumstances.
O.
The company shall file, with its annual statement filing, the approval for relief from Subsection
L.1. with the states that it is licensed in or doing business in and the NAIC. If the nondomestic
state accepts electronic filing with the NAIC, the company shall file the approval in an
electronic format acceptable to the NAIC.
Section 9
Consolidated or Combined Audits
A company may make written application to the Commissioner for approval to file audited consolidated
or combined financial statements in lieu of separate annual audited financial statements if the insurer
is part of a group of insurance companies that utilizes a pooling or one hundred percent (100%)
reinsurance agreement that affects the solvency and integrity of the company’s reserves and the
company cedes all of its direct and assumed business to the pool. In such cases, a columnar
consolidating or combining worksheet shall be filed with the report, as follows:
A.
Amounts shown on the consolidated or combined audited financial report shall be shown on
the worksheet;
B.
Amounts for each company subject to this section shall be stated separately;
C.
Noninsurance operations may be shown on the worksheet on a combined or individual basis;
D.
Explanations of consolidating and eliminating entries shall be included; and
E.
A reconciliation shall be included of any differences between the amounts shown in the
individual company columns of the worksheet and comparable amounts shown on the annual
statements of the companies.
Section 10
Scope of Audit and Report of Independent Certified Public Accountant
Financial statements furnished pursuant to Section 6 shall be examined by the independent certified
public accountant. The audit of the company’s financial statements shall be conducted in accordance
with generally accepted auditing standards. In accordance with AU Section 319 of the Professional
Standards of the AICPA, Consideration of Internal Control in a Financial Statement Audit, the
independent certified public accountant should obtain an understanding of internal control sufficient to
plan the audit. To the extent required by AU 319, for those companies required to file a Management’s
Report of Internal Control over Financial Reporting pursuant to Section 18, the independent certified
public accountant should consider (as that term is defined in Statement on Auditing Standards (SAS)
No. 102, Defining Professional Requirements in Statements on Auditing Standards or its replacement)
the most recently available report in planning and performing the audit of the statutory financial
statements. Consideration shall be given to the procedures illustrated in the Financial Condition
Examiners Handbook promulgated by the National Association of Insurance Commissioners as the
independent certified public accountant deems necessary.
Section 11
Notification of Adverse Financial Condition
A.
The company required to furnish the annual audited financial report shall require the
independent certified public accountant to report, in writing, within five (5) business days to the
board of directors or its Audit committee any determination by the independent certified public
accountant that the company has materially misstated its financial condition as reported to the
Commissioner as of the balance sheet date currently under audit or that the company does not
meet the minimum capital and surplus requirement of the Colorado insurance code as of that
date. A company that has received a report pursuant to this paragraph shall forward a copy of
the report to the Commissioner within five (5) business days of receipt of the report and shall
provide the independent certified public accountant making the report with evidence of the
report being furnished to the Commissioner. If the independent certified public accountant fails
to receive the evidence within the required five (5) business day period, the independent
certified public accountant shall furnish to the Commissioner a copy of its report within the next
five (5) business days.
B.
No independent certified public accountant shall be liable in any manner to any person for any
statement made in connection with the above paragraph if the statement is made in good faith
in compliance with Subsection A.
C.
If the accountant, subsequent to the date of the audited financial report filed pursuant to this
regulation, becomes aware of facts that might have affected his or her report, the
Commissioner notes the obligation of the accountant to take such action as prescribed in
Volume 1, AU Section 561 of the Professional Standards of the AICPA.
Section 12
A.
Communication of Internal Control Related Matters Noted in an Audit
In addition to the annual audited financial report, each company shall furnish the
Commissioner with a written communication as to any unremediated material weaknesses in
its internal control over financial reporting noted during the audit. Such communication shall be
prepared by the accountant within sixty (60) days after the filing of the annual audited financial
report, and shall contain a description of any unremediated material weakness as of December
31 immediately preceding (so as to coincide with the audited financial report discussed in
Section 5.A.) in the company’s internal control over financial reporting noted by the accountant
during the course of their audit of the financial statements. If no unremediated material
weaknesses were noted, the communication should so state. The term material weakness is
defined by Statement on Auditing Standard 60, Communication of Internal Control Related
Matters Noted in an Audit.
B.
The company is required to provide a description of remedial actions taken or proposed to
correct unremediated material weaknesses, if the actions are not described in the accountant’s
communication.
Section 13
Accountant’s Letter of Qualifications
The accountant shall furnish the company in connection with, and for inclusion in, the filing of the
annual audited financial report, a letter stating:
A.
That the accountant is independent with respect to the company and conforms to the
standards of his or her profession as contained in the Code of Professional Ethics and
pronouncements by of the American Institute of Certified Public Accountants, and the Rules of
Professional Conduct of the Colorado State Board of Accountancy;
B.
The background and experience in general, and the experience in audits of companies of the
staff assigned to the engagement and whether each is an independent certified public
accountant. Nothing within this regulation shall be construed as prohibiting the accountant
from utilizing such staff as he or she deems appropriate where use is consistent with the
standards prescribed by generally accepted auditing standards;
C.
That the accountant understands the annual audited financial report and his opinion thereon
will be filed in compliance with this regulation and that the Commissioner will be relying on this
information in the monitoring and regulation of the financial position of companies;
D.
That the accountant consents to the requirements of Section 14 of this regulation and that the
accountant consents and agrees to make available for review by the Commissioner, or the
Commissioner’s designee or appointed agent, the workpapers, as defined in Section 14;
E.
A representation that the accountant is properly licensed by an appropriate state licensing
authority and is a member in good standing in the AICPA; and
F.
A representation that the accountant is in compliance with the requirements of Section 8 of this
regulation.
Section 14
Definition, Availability and Maintenance of Independent Certified Public
Accountants Workpapers
A.
Workpapers are the records kept by the independent certified public accountant of the
procedures followed, the tests performed, the information obtained, and the conclusions
reached pertinent to the accountant’s audit of the financial statements of a company.
Workpapers, accordingly, may include audit planning documentation, work programs,
analyses, memoranda, letters of confirmation and representation, abstracts of company
documents and schedules or commentaries prepared or obtained by the independent certified
public accountant in the course of his or her audit of the financial statements of a company and
which support the accountant’s opinion.
B.
Every company required to file an audited financial report pursuant to this regulation, shall
require the accountant to make available for review by insurance department examiners, all
workpapers prepared in the conduct of the accountant’s audit and any communications related
to the audit between the accountant and the company, at the offices of the company, at the
insurance department or at any other reasonable place designated by the Commissioner. The
company shall require that the accountant retain the audit workpapers and communications
until the insurance department has filed a report on examination covering the period of the
audit but no longer than seven (7) years from the date of the audit report.
C.
In the conduct of the aforementioned periodic review by the Division examiners, it shall be
agreed that photocopies of pertinent audit workpapers may be made and retained by the
Division. Such reviews by the Division examiners shall be considered investigations and all
working papers and communications obtained during the course of such investigations shall be
afforded the same confidentiality as other examination workpapers generated by the Division.
Section 15
Requirements for Audit Committees
This section shall not apply to foreign or alien insurers licensed in this state or a company that is a
SOX Compliant Entity or a direct or indirect wholly-owned subsidiary of a SOX Compliant Entity.
A.
The Audit committee shall be directly responsible for the appointment, compensation and
oversight of the work of any accountant (including resolution of disagreements between
management and the accountant regarding financial reporting) for the purpose of preparing or
issuing the audited financial report or related work pursuant to this regulation. Each accountant
shall report directly to the Audit committee.
B.
The Audit committee of a company or group of insurers shall be responsible for overseeing the
company’s internal audit function and granting the person or persons performing the function
suitable authority and resources to fulfill their responsibilities if required by Section 16 of this
regulation.
C.
Each member of the Audit committee shall be a member of the board of directors of the
company or a member of the board of directors of an entity elected pursuant to Subsection F.
and Section 4.C.
D.
In order to be considered independent for purposes of this section, a member of the Audit
committee may not, other than in his or her capacity as a member of the Audit committee, the
board of directors, or any other board committee, accept any consulting, advisory or other
compensatory fee from the entity or be an affiliated person of the entity or any subsidiary
thereof. However, if law requires board participation by otherwise non-independent members,
that law shall prevail and such members may participate in the Audit committee and be
designated as independent for Audit committee purposes, unless they are an officer or
employee of the company or one of its affiliates.
E.
If a member of the Audit committee ceases to be independent for reasons outside the
member’s reasonable control, that person, with notice by the responsible entity to the state,
may remain an Audit committee member of the responsible entity until the earlier of the next
annual meeting of the responsible entity or one year from the occurrence of the event that
caused the member to be no longer independent.
F.
To exercise the election of the controlling person to designate the Audit committee for
purposes of this regulation, the ultimate controlling person shall provide written notice to the
Commissioners of the affected companies. Notification shall be made timely prior to the
issuance of the statutory audit report and include a description of the basis for the election. The
election can be changed through notice to the Commissioner by the company, which shall
include a description of the basis for the change. The election shall remain in effect for
perpetuity, until rescinded.
G.
The Audit committee shall require the accountant that performs for a company any audit
required by this regulation to timely report to the Audit committee in accordance with the
requirements of SAS No. 61, Communication With Audit Committees, including:
1.
All significant accounting policies and material permitted practices;
2.
All material alternative treatments of financial information within statutory accounting
principles that have been discussed with management officials of the company,
ramifications of the use of the alternative disclosures and treatments, and the
treatment preferred by the accountant; and
3.
Other material written communications between the accountant and the management
of the company, such as any management letter or schedule of unadjusted differences.
H.
If a company is a member of an insurance holding company system, the reports required by
Subsection G. may be provided to the Audit committee on an aggregate basis for companies in
the holding company system, provided that any substantial differences among companies in
the system are identified to the Audit committee.
I.
The proportion of independent Audit committee members shall meet or exceed the following
criteria:
Prior Calendar Year Direct Written and Assumed Premiums
$0 - $300,000,000
Over $300,000,000 Over $500,000,000
$500,000,000
No minimum requirements. See
Majority of members (50% or
Supermajority of members (75%
also Note A and B.
more) shall be independent. See or more) shall be independent.
also Note A and B.
See also Note A.
Note A: The Commissioner has authority afforded by state law to require the entity’s board to
enact improvements to the independence of the Audit committee membership if the company
is in a RBC action level event, meets one or more of the standards of a company deemed to be
in hazardous financial condition, or otherwise exhibits qualities of a troubled company.
Note B: All companies with less than $500,000,000 in prior year direct written and assumed
premiums are encouraged to structure their Audit committees with at least a supermajority of
independent Audit committee members.
Note C: Prior calendar year direct written and assumed premiums shall be the combined total
of direct premiums and assumed premiums from non-affiliates for the reporting entities.
J.
A company with direct written and assumed premium, excluding premiums reinsured with the
Federal Crop Insurance Corporation and Federal Flood Program, less than $500,000,000 may
make application to the Commissioner for a waiver from the Section 15 requirements based
upon hardship. The company shall file, with its annual statement filing, the approval for relief
from Section 15 with the states that it is licensed in or doing business in and the NAIC. If the
nondomestic state accepts electronic filing with the NAIC, the company shall file the approval
in an electronic format acceptable to the NAIC.
Section 16
A.
Internal Audit Function Requirements
Exemption – A company is exempt from the requirements of this section if:
1.
The company has annual direct written and unaffiliated assumed premium, including
international direct and assumed premium but excluding premiums reinsured with the
Federal Crop Insurance Corporation and Federal Flood Program, less than
$500,000,000; and
2.
If the company is a member of a group of insurers, the group has annual direct written
and unaffiliated assumed premium including international direct and assumed
premium, but excluding premiums reinsured with the Federal Crop Insurance
Corporation and Federal Flood Program, less than $1,000,000,000.
B.
Function – The company or group of insurers shall establish an internal audit function
providing independent, objective and reasonable assurance to the Audit committee and
company management regarding the company’s governance, risk management and internal
controls. This assurance shall be provided by performing general and specific audits, reviews
and tests and by employing other techniques deemed necessary to protect assets, evaluate
control effectiveness and efficiency, and evaluate compliance with policies and regulations.
C.
Independence – In order to ensure that internal auditors remain objective, the internal control
function must be organizationally independent. Specifically, the internal control function will not
defer ultimate judgement on audit matters to others, and shall appoint an individual to head the
internal audit function who will have direct and unrestricted access to the board of directors.
Organizational independence does not preclude dual-reporting relationships.
D.
Reporting – The head of the internal audit function shall report to the Audit committee
regularly, but no less than annually, on the periodic audit plan, factors that may adversely
impact the internal audit function’s independence or effectiveness, material findings from
completed audits and the appropriateness of corrective actions implemented by management
as a result of audit findings.
E.
Additional Requirements – If a company is a member of an insurance holding company system
or included in a group of insurers, the company may satisfy the internal audit function
requirements set forth in this section at the ultimate controlling parent level, an intermediate
holding company level or the individual legal entity level.
Section 17
and
A.
Conduct of Company in Connection with the Preparation of Required Reports
Documents
No director or officer of a company shall, directly or indirectly:
1.
Make or cause to be made a materially false or misleading statement to an accountant
in connection with any audit, review or communication required under this regulation;
or
2.
Omit to state, or cause another person to omit to state, any material fact necessary in
order to make statements made, in light of the circumstances under which the
statements were made, not misleading to an accountant in connection with any audit,
review or communication required under this regulation.
B.
No officer or director of a company, or any other person acting under the direction thereof,
shall directly or indirectly take any action to coerce, manipulate, mislead or fraudulently
influence any accountant engaged in the performance of an audit pursuant to this regulation if
that person knew or should have known that the action, if successful, could result in rendering
the company’s financial statements materially misleading.
C.
For purposes of Subsection B of this section, actions that, “if successful, could result in
rendering the company’s financial statements materially misleading” include, but are not
limited to, actions taken at any time with respect to the professional engagement period to
coerce, manipulate, mislead or fraudulently influence an accountant:
1.
To issue or reissue a report on a company’s financial statements that is not warranted
in the circumstances (due to material violations of statutory accounting principles
prescribed by the Commissioner, generally accepted auditing standards, or other
professional or regulatory standards);
2.
Not to perform audit, review or other procedures required by generally accepted
auditing standards or other professional standards;
3.
Not to withdraw an issued report; or
4.
Not to communicate matters to a company’s Audit committee.
Section 18
Management’s Report of Internal Control over Financial Reporting
A.
Every company required to file an audited financial report pursuant to this regulation that has
annual direct written and assumed premiums, excluding premiums reinsured with the Federal
Crop Insurance Corporation and Federal Flood Program, of $500,000,000 or more shall
prepare a report of the company’s or group of insurers’ internal control over financial reporting,
as these terms are defined in Section 4. The report shall be filed with the Commissioner along
with the Communication of Internal Control Related Matters Noted in an Audit described under
Section 12. Management’s Report of Internal Control over Financial Reporting shall be as of
December 31 immediately preceding.
B.
Notwithstanding the premium threshold in Subsection A, the Commissioner may require a
company to file Management’s Report of Internal Control over Financial Reporting if the
company is in any RBC level event, or meets any one or more of the standards of a company
deemed to be in hazardous financial condition as defined in § 10-1-110, C.R.S.
C.
A company or a group of insurers may file its or its parent’s Section 404 Report and an
addendum in satisfaction of this Section 18 requirement provided that those internal controls of
the company or group of insurers having a material impact on the preparation of the
company’s or group of insurers’ audited statutory financial statements (those items included in
Section 6.B. through 6.G. of this regulation) were included in the scope of the Section 404
Report. The addendum shall be a positive statement by management that there are no
material processes with respect to the preparation of the company’s or group of insurers’
audited statutory financial statements (those items included in Section 6.B. through 6.G. of this
regulation) excluded from the Section 404 Report. If there are internal controls of the company
or group of insurers that have a material impact on the preparation of the company’s or group
of insurers’ audited statutory financial statements and those internal controls were not included
in the scope of the Section 404 Report, the company or group of insurers may either file (i) a
Section 18 report, or (ii) the Section 404 Report and a Section 18 report for those internal
controls that have a material impact on the preparation of the company’s or group of insurers’
audited statutory financial statements not covered by the Section 404 Report if the company or
group of insurers are:
1.
Directly subject to Section 404;
2.
Part of a holding company system whose parent is directly subject to Section 404;
3.
Not directly subject to Section 404 but is a SOX Compliant Entity; or
4.
A member of a holding company system whose parent is not directly subject to Section
404 but is a SOX Compliant Entity.
D.
E.
Management’s Report of Internal Control over Financial Reporting shall include:
1.
A statement that management is responsible for establishing and maintaining
adequate internal control over financial reporting;
2.
A statement that management has established internal control over financial reporting
and an assertion, to the best of management’s knowledge and belief, after diligent
inquiry, as to whether its internal control over financial reporting is effective to provide
reasonable assurance regarding the reliability of financial statements in accordance
with statutory accounting principles;
3.
A statement that briefly describes the approach or processes by which management
evaluated the effectiveness of its internal control over financial reporting;
4.
A statement that briefly describes the scope of work that is included and whether any
internal controls were excluded;
5.
Disclosure of any unremediated material weaknesses in the internal control over
financial reporting identified by management as of December 31 immediately
preceding. Management is not permitted to conclude that the internal control over
financial reporting is effective to provide reasonable assurance regarding the reliability
of financial statements in accordance with statutory accounting principles if there is
one or more unremediated material weaknesses in its internal control over financial
reporting;
6.
A statement regarding the inherent limitations of internal control systems; and
7.
Signatures of the chief executive officer and the chief financial officer (or equivalent
position/title).
Management shall document and make available upon financial condition examination the
basis upon which its assertions, required in Subsection D above, are made. Management may
base its assertions, in part, upon its review, monitoring and testing of internal controls
undertaken in the normal course of its activities.
1.
Management shall have discretion as to the nature of the internal control framework
used, and the nature and extent of documentation, in order to make its assertion in a
cost effective manner and, as such, may include assembly of or reference to existing
documentation.
2.
Management’s Report on Internal Control over Financial Reporting, required by
Subsection A above, and any documentation provided in support thereof during the
course of a financial condition examination, shall be kept confidential by the Division.
Section 19
A.
Exemptions and Effective Dates
Upon written application of any company, the Commissioner may grant an exemption from
compliance with any and all provisions of this regulation if the Commissioner finds, upon
review of the application, that compliance with this regulation would constitute a financial or
organizational hardship upon the company. An exemption may be granted at any time and
from time to time for a specified period or periods. Within ten (10) days from a denial of a
company’s written request for an exemption from this regulation, the company may request in
writing a hearing on its application for an exemption.
B.
Domestic companies retaining a certified public accountant on the effective date of this
regulation who qualifies as independent shall comply with this regulation for the year ending
December 31, 2009 and each year thereafter unless the Commissioner permits otherwise.
C.
Domestic companies not retaining a certified public accountant on the effective date of this
regulation who qualifies as independent may meet the following schedule for compliance
unless the Commissioner permits otherwise.
1.
For the year ending December 31, 2009, file with the Commissioner an audited
financial report.
2.
For the year ending December 31, 2010, and each year thereafter, such companies
shall file with the Commissioner all reports and communications required by this
regulation.
D.
Foreign insurers shall comply with this regulation for the year ending December 31, 2010, and
each year thereafter, unless the Commissioner permits otherwise.
E.
The requirements of Section 8.D. shall be in effect for audits of the year beginning January 1,
2010, and thereafter.
F.
The requirements of Section 15 are to be in effect January 1, 2010. A company or group of
insurers that is not required to have independent Audit committee members or only a majority
of independent Audit committee members (as opposed to a supermajority) because the total
written and assumed premium is below the threshold and subsequently becomes subject to
one of the independence requirements due to changes in premium shall have one (1) year
following the year the threshold is exceeded (but not earlier than January 1, 2010) to comply
with the independence requirements. Likewise, a company that becomes subject to one of the
independence requirements as a result of a business combination shall have one (1) calendar
year following the date of acquisition or combination to comply with the independence
requirements.
G.
The requirements of Section 18, and Sections 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 17, and 20, are
effective beginning with the reporting period ending December 31, 2010 and each year
thereafter. A company or group of insurers that is not required to file a report because the total
written premium is below the threshold and subsequently becomes subject to the reporting
requirements shall have two (2) years following the year the threshold is exceeded (but not
earlier than December 31, 2010) to file a report. Likewise, a company acquired in a business
combination shall have two (2) calendar years following the date of acquisition or combination
to comply with the reporting requirements.
H.
The requirements of Section 16 go into effect on January 1, 2017. If a company or group of
insurers that is exempt from the requirements contained in Section 16 no longer qualifies for
that exemption, it shall have one year after the year the threshold is exceeded to comply with
the requirements of this article.
Section 20
Canadian and British Companies
A.
In the case of Canadian and British insurers, the annual audited financial report shall be
defined as the annual statement of total business on the form filed by such companies with
their supervision authority duly audited by an independent chartered accountant.
B.
For such insurers, the letter required in Section 7.B. shall state that the accountant is aware of
the requirements relating to the annual audited financial report filed with the Commissioner
pursuant to Section 5 and shall affirm that the opinion expressed is in conformity with those
requirements.
Section 21
Severability Provision
If any provision of this regulation or the application of it to any person or circumstance is for any
reason held to be invalid, the remainder of this regulation shall not be affected.
Section 22
Incorporated Materials
The Sarbanes-Oxley Act of 2002 (Public Law 107-204, 116 Stat. 745, enacted July 30, 2002),
published in United States federal law shall mean Public Law 107-204, 116 Stat. 745, enacted July 30,
2002, as published on the effective date of this regulation and does not include later amendments to or
editions of Public Law 107-204, 116 Stat. 745, enacted July 30, 2002. A copy of Public Law 107-204,
116 Stat. 745, enacted July 30, 2002 may be examined during regular business hours at the Colorado
Division of Insurance, 1560 Broadway, Suite 850, Denver, Colorado, 80202. A Certified copy of Public
Law 107-204, 116 Stat. 745, enacted July 30, 2002 may be requested from the Colorado Division of
Insurance, 1560 Broad
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