1. How do I make changes to a proposed rule filing that is not yet published in the Colorado Register?

Agencies can update or replace a proposed rule filing in our system until the day before the notice is published in the Colorado Register, which is issued on the 10th and 25th of each month.

Steps:

1. Log in to the e-filing system.
2. Select Permanent Rule Filing.
3. Under Step 1, choose Update a Notice.

2. How can I make changes to a proposed rule filing that has already been published in the Colorado Register, but has not yet been adopted?

While updates to proposed rules are allowed under the Colorado Administrative Procedure Act (APA), they cannot be made directly through the e-filing system once the notice has been published in the Colorado Register.

Agencies may update proposed rules up to five calendar days before the scheduled hearing date. Example: If your hearing is on September 18th, you may update the proposed rules until September 13th.

Agencies should:

• Notify stakeholders directly of the changes.
• Post the updated proposed rules on their agency’s rulemaking webpage.
  Optionally, file a non-rulemaking public notice in our system to inform the public of the updates.
  
  • Note: The notice will be published in the next available Colorado Register publication (either the 10th or 25th of the month). Take that into consideration if filing a non-rulemaking public notice.

If your hearing is less than five days away, agencies may still make minor changes to proposed rules during or after the rulemaking hearing. However, these changes must not expand the scope of the original proposal or introduce new provisions that were not included in the initial notice. These changes could be in response to public feedback (or lack thereof) during the rulemaking process. For specific guidance regarding your situation, please consult with your Assistant Attorney General (AG) to determine the best course of action.

3. How do I make changes to a rule filing that is adopted and has requested an Attorney General Opinion, but has not yet received the Attorney General Opinion?

Agencies can update or replace the attachment for adopted rules until the Attorney General’s Office files the rule opinion. The Attorney General’s Office will be automatically notified of said update or replacement of the adopted rules attachment.

Steps:

1. Log in to the e-filing system.
2. Select Permanent Rule Filing.
3. Under Step 2, choose ‘Update a Request’ for an Attorney General Opinion.

4. How can I make changes to a rule filing that has already been adopted, received the Attorney General Opinion, and is published or scheduled for publication in the Colorado Register?

If you discover an error in the adopted rules after publication in the register or after receiving a rule opinion from the Attorney General’s Office and completing the SOS / OLLS final submission, consult with your agency’s legal counsel or Assistant Attorney General to determine the appropriate next steps. They can advise whether an Administrative Correction filing is necessary and how to proceed.

5. What is an Administrative Correction filing?

Agencies may submit Administrative Correction filings as allowed by section 24-4-103(11)(d)(II), C.R.S., to correct typographical or other non-substantive errors to conform to the published rules with the adopted rules, or as allowed by section 24-4-103(11)(l)(I), C.R.S., to correct a statutory citation if the statute has been relocated by the General Assembly. Agencies should confer with their Assistant Attorney General before initiating a Correction filing to determine whether the Administrative Correction filing would be approved as non-substantive.

6. How do I submit an Administrative Correction filing, and what timeline applies?

Before beginning the filing process, we strongly recommend consulting with your Assistant Attorney General (AG) to confirm that the correction qualifies under sections 24-4-103(11)(d), C.R.S. or 24-4-103(11)(l)(I), C.R.S.

Filing Steps:

Step 1 - Request AG approval letter:

Begin by submitting a request for your AG to draft an approval letter.

Attach only the portion(s) of the rule containing the corrected text. Highlight changes as appropriate.

This submission will generate a separate tracking number, and the system will automatically notify the AG’s office via email.

Step 2 - Submit to SOS:

Once the AG files the approval letter, you’ll receive an email notification.

You will then submit the Administrative Correction filing to the Secretary of State’s Office and assign an effective date.

The system does not allow backdating. You may choose either the filing date or a future date, especially if you prefer the correction to be published alongside a new rule version rather than as a standalone correction.

Administrative Corrections filings are not published in the Colorado Register and do not follow APA rulemaking timelines.

7. I filed a tracking number under the wrong agency name or CCR number. What can be done?

If not yet published in the Colorado Register:

File a new tracking number and email our office at rules@coloradosos.gov to delete the incorrect tracking number.

If already published in the Colorado Register:

Email our office at rules@coloradosos.gov to adjust the tracking number.

8. I noticed a discrepancy between our official rules and what our office submitted for the adopted rules. What do I do?

If you identify an error in the published rules, please email our office directly at rules@coloradosos.gov. We will review and correct any mistakes that originated on our end.

9. What should I do if I need to hold an additional hearing or postpone a hearing?

If you need to schedule an additional hearing or postpone an existing one, we recommend first consulting with your Assistant Attorney General (AG) to determine the best approach. Typically, you will need to choose between:

• Option A: Terminate and refile the rulemaking.
• Option B: Submit a Nonrulemaking Public Notice for publication in the Colorado Register to continue the hearings.

Regardless of the option you select, we strongly advise notifying your stakeholders and posting the updated information on your website to ensure transparency and compliance.