Legislative Sunset of Administrative Rules
| Jurisdiction | Colorado,United States |
| Citation | Vol. 10 No. 1992 Pg. 2191 |
| Pages | 2191 |
| Publication year | 1992 |
1992, October, Pg. 2191. Legislative Sunset of Administrative Rules
Today's businesses are subject to more regulation than ever. On the state level, administrative agencies often regulate business activities through the promulgation of rules. These rules have the force and effect of law and often have far-reaching effects on the activities of businesses and their ability to compete. Practitioners who represent today's businesses and are aware of the potential ramifications of rules have two (and sometimes three) chances to challenge an adverse rule in order to effect a favorable result.
This article discusses the options practitioners have to challenge adverse rules and describes how and when each option can be implemented.
The first chance a practitioner has to challenge a rule is during its promulgation, before it is adopted at the agency level. In fashioning these initial challenges, a practitioner should refer to CRS § 24--4--101 et seq., the Colorado Administrative Procedures Act ("APA"), which state agencies are required to follow. CRS § 24--4--103 requires an agency to hold a public hearing on the proposed rule. Twenty days prior to that hearing, the agency must publish a notice containing the proposed rule.(fn1) At the hearing, the agency must allow interested persons to submit their written views on the proposed rule and, at the agency's discretion, to testify orally.(fn2)
Generally, the agency may not adopt the new rule unless the record of the rulemaking proceeding demonstrates that: (1) a need for the rule exists; (2) the proper statutory authority exists for the rule; (3) the regulation is stated clearly and simply so that its meaning will be understood by any party required to comply with the regulation; (4) the regulation does not conflict with other provisions in the law; and (5) any duplication or overlapping with other rules can be explained.(fn3) The agency must adopt a rule or terminate the rule-making proceedings within 180 days after the last public hearing on the proposed rule.(fn4)
In addition, before the rule can be issued, the agency must submit it to the Colorado Attorney General for his or her opinion as to its constitutionality and legality.(fn5) If the agency fails to submit the rule to the Attorney General, the rule will be void.(fn6) Failure of an agency to follow these...
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