FAQs for State Agencies - Getting Started with Rulemaking

1. Where do agencies login to file rulemaking?

The eFiling location is: https://col.fliaedu.com/CCR/auth/login.do. 

2. I’m new to rulemaking. How do I request an agency login?

Email our office at rules@coloradosos.gov with the following information for each employee who needs an account:

  • First and last name;
  • Agency or division name;
  • CCR number(s) for the rule series they need access to; and
  • Work email address.

3. What tools are available to assist me?

4. What is the Colorado Register, and when is it published?

The Colorado Register is the official publication of the State of Colorado’s administrative rules. Before any administrative rule can take effect in Colorado, it must be published in the Colorado Register. This ensures transparency and gives the public an opportunity to participate in the rulemaking process. Notices of rulemaking, proposed, new, and amended rules, and Attorney General opinions are published in the Colorado Register.

The Colorado Register is published twice per month. Filings made from the 1st through the 15th will be published on the 25th of the same month. Filings made from the 16th through the last day of the month will be published on the 10th of the following month.

These deadlines are hardcoded into the electronic filing system and cannot be overridden. These deadlines are published online: Colorado Register Publishing Calendar

5. Do we need to file every update to a rule with the Secretary of State’s office?

Not every update needs to be filed with the Secretary of State’s Office (SOS), especially if changes occur between the notice of proposed rulemaking being published in the Colorado Register and the rulemaking hearing.

Here’s how it works:

  • There is a filing window before each Register publication:
    • Notices filed from the 1st to the 15th of the month are published on the 25th.
    • Agencies can update their notice in the e-filing system until the day before publication (e.g., from the 16th to the 24th).
  • Once the notice is published, no further updates can be submitted to the SOS system.
  • However, under section 24-4-103(4)(a), C.R.S., agencies may continue to make changes to proposed rules up to five days before the hearing.

Best practice:

  • Post updated versions of the proposed rules on your agency’s rulemaking webpage.
  • Share updates with your stakeholder list and interested parties.
  • If needed, you can also file a non-rulemaking public notice to inform the public of changes.

6. What other tasks must I complete when filing a Notice of Proposed Rulemaking?

Agencies must notify their stakeholders and also file with the Office of Policy, Research, and Regulatory Reform (OPRRR) at the Department of Regulatory Agencies (DORA).

7. Do you need the entire regulation included in the submitted documents or only the sections being revised?

We do not require the entire regulation to be submitted. You may provide only the sections being revised, but make sure it is very clear which sections you are referencing. You may include publication notes if needed for clarity.

Refer to the styling manual & templates page for more information.

8. Colorado rulemaking process (simplified)

Notice of Proposed Rulemaking: An agency may file a notice of proposed rulemaking with the Secretary of State’s Office at any time. The notice is published in the Colorado Register, and the agency submits its draft rules to the Colorado Office of Policy, Research & Regulatory Reform (COPRRR) at the Department of Regulatory Agencies (DORA).

Cost-Benefit Analysis (CBA) request:

  • Any person may request a CBA, but the request must be submitted to COPRRR within 5 days of the notice being published in the Colorado Register.
  • COPRRR consults with the agency before requiring the analysis to be completed.
  • If the CBA is required, the CBA must be completed, submitted to COPRRR, and made public 10 days before the hearing.

Regulatory analysis request:

  • Any person may request a regulatory analysis, but the request must be submitted to the agency at least 15 days before the rulemaking hearing.
  • If requested, the analysis must be made public at least 5 days before the hearing.

Rulemaking hearing:

  • Held to gather public input and testimony on the proposed rule published in the Colorado Register.

Rule adoption:

  • The agency has up to 180 days after the rulemaking hearing to adopt the proposed rule.

Adoption filing:

  • Once a rule is adopted, the agency has 20 days to request and receive the Attorney General’s opinion and complete the final filing with the Secretary of State’s Office and the Office of Legislative Legal Services (OLLS).
  • Missing this deadline may require restarting the rulemaking process.

Rule effective date:

  • The rule becomes effective at least 20 days after it is filed with the Secretary of State’s Office, unless a later date is specified.

For more information, check out our Rulemaking Process Flowcharts on the Administrative Rules of State Agencies page.

9. What documentation is required at each stage of the rulemaking process?

For the rulemaking notice filing (first filing), submit the following documents:

  • Copy of proposed rule
  • Additional information (optional)

For the adoption notice filing / request for AGO (second filing), submit the following documents:

  • Clean copy of the rules
  • Statement of basis & purpose
  • Regulatory analysis (if completed, required)
  • Redline copy of the rules (optional)

For the emergency notice filing, submit the following documents:

  • Clean copy of the rules
  • Statement of justification
  • Statement of basis & purpose
  • Regulatory analysis (if completed, required)
  • Redline copy of the rules (optional)

A cost-benefit is not filed with the SOS since it is a COPRRR-specific requirement.