Administrative Rule Review

Review of Administrative Rules
 

"State Administrative Procedure Act", §24-4-103, C.R.S.

Section 24-4-103, C.R.S., of the State Administrative Procedure Act ("APA") establishes the procedures that each executive branch agency is required to follow when it promulgates administrative rules. An agency may promulgate rules only if the rules are within the agency's constitutional or statutory authority and are authorized by law. A rule is not within the statutory authority of an agency just because the rule is not contrary to the specific provisions of a statute. A new rule or an amendment to an existing rule that conflicts with a statute is void.

To help ensure that the executive branch agencies comply with the APA and implement legislation in the manner intended by the General Assembly, the APA authorizes the General Assembly to review the administrative rules of the executive branch agencies.
Every rule that an executive branch agency promulgates or amends from November 1 through October 31 each year automatically expires on May 15 following this one-year period, unless the General Assembly passes and the Governor signs a bill to postpone this expiration. During each regular legislative session, the Committee on Legal Services introduces a bill – referred to as the "rule review bill" – that postpones the expiration of all of the rules promulgated or amended during the preceding November-to-October period, except for any rules that the Committee on Legal Services identifies as being outside of an agency's rulemaking authority, not authorized by statute, or in conflict with the law.

The staff of the Office of Legislative Legal Services reviews every rule that an executive branch agency promulgates or amends to determine whether the rule falls within the agency's rulemaking authority, is authorized by statute, and does not conflict with the law. If a rule fails to meet any of these three requirements, the staff prepares a memo that explains the deficiency in the rule, submits the memo to the Committee on Legal Services, and presents the staff's analysis to the Committee in a public hearing. If the promulgating agency disagrees with the staff's analysis, a representative of the agency will present the agency's position to the Committee at the hearing. The Committee decides by majority vote whether the rule is outside of the agency's rulemaking authority, not authorized by statute, or in conflict with the law. The rules that the Committee identifies are specified in the rule review bill so that these rules expire on the following May 15.

If the General Assembly passes a bill that changes the language of a statute to authorize a rule that would otherwise expire or to resolve a conflict between the rule and the statute, then that rule is removed from the rule review bill and the rule does not expire. 

Rule Review (additional information)

Committee on Legal Services (additional information)