Agency Rulemaking Petition - Colorado

PETITION FOR AGENCY RULEMAKING — COLORADO

COVER LETTER

[__/__/____]

[________________________________]
[Executive Director / Division Director / Board Chair]
[________________________________]
[Agency / Department / Board Name]
[________________________________]
[Street Address]
[________________________________]
[City, Colorado ZIP Code]

Re: Petition for Rulemaking Pursuant to C.R.S. § 24-4-103(7) — Request to [____] Adopt [____] Amend [____] Repeal Rule(s) Concerning [________________________________]

Dear [________________________________]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to Colorado Revised Statutes § 24-4-103(7) by [________________________________] ("Petitioner"). This petition respectfully requests that [________________________________] ("the Agency") initiate rulemaking proceedings to [adopt/amend/repeal] rules concerning [________________________________].

Under C.R.S. § 24-4-103(7), any interested person has the right to petition an agency for the issuance, amendment, or repeal of a rule, and the petition must be open to public inspection. Action on the petition is within the Agency's discretion. If the Agency undertakes rulemaking on the subject, related petitions must be considered and acted upon in the same proceeding.

Petitioner requests that the Agency acknowledge receipt of this petition and notify Petitioner of any action taken under applicable agency procedures.

Please direct all correspondence regarding this petition to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Respectfully submitted,

_________________________________________
[Petitioner Name / Authorized Representative]
[Title / Position]
[Organization, if applicable]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF COLORADO

PETITION FOR [____] ISSUANCE [____] AMENDMENT [____] REPEAL OF RULE

Petition No.: [________________________________] (assigned by agency)
Date Filed: [__/__/____]

I. PETITIONER INFORMATION

Petitioner's Interest in the Proposed Rulemaking:

[________________________________]
[________________________________]
[________________________________]

☐ Petitioner is an individual directly affected by the existing or proposed rule
☐ Petitioner is a business entity regulated by the Agency
☐ Petitioner is a trade or professional association representing affected members
☐ Petitioner is a nonprofit or advocacy organization with a stated interest
☐ Petitioner is a local government entity
☐ Petitioner is a licensee or registrant of the Agency
☐ Petitioner is a state legislator or legislative committee
☐ Other interest: [________________________________]

II. STATUTORY AUTHORITY FOR PETITION

This petition is filed pursuant to C.R.S. § 24-4-103(7), which provides:

"Any interested person shall have the right to petition for the issuance, amendment, or repeal of a rule. Such petition shall be open to public inspection."

And further:

"When an agency undertakes rule-making on any matter, all related petitions for the issuance, amendment, or repeal of rules on such matter shall be considered and acted upon in the same proceeding."

Key Statutory Provisions:

• C.R.S. § 24-4-103(7) — Right to petition for rulemaking; petition open to public inspection
• C.R.S. § 24-4-103 — Rulemaking procedure, including notice and comment requirements
• C.R.S. § 24-4-103(2.5) — Cost-benefit analysis requirements
• C.R.S. § 24-4-103(8)(b) — Attorney General legality review before issuance; § 24-4-103(11)(d) — filing adopted rules with the Attorney General's opinion with the Secretary of State for Colorado Register publication within 20 days after adoption

The Agency possesses rulemaking authority under:

1. Organic Statute: [________________________________]
2. Specific Rulemaking Grant: [________________________________]
3. Subject-Matter Authority: [________________________________]

III. IDENTIFICATION OF RULE AT ISSUE

Type of Action Requested:

☐ Issuance (adoption) of a new rule
☐ Amendment of an existing rule
☐ Repeal of an existing rule
☐ Amendment and partial repeal of an existing rule

Existing Rule (if amendment or repeal):

Subject Area for New Rule (if issuance):

[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND JUSTIFICATION

A. Current Problem or Deficiency

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Factual Background

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Action Addresses the Problem

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Consequences of Inaction

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE TEXT

Petitioner proposes the following rule language (or substantially similar language achieving the same purposes):

For New Rules or Amendments — Proposed Text:

[____] CCR [________________________________]

Rule [________________________________]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Amendments — Redline Showing Changes to Existing Text:

(Strikethrough indicates deletions; underline indicates additions)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Repeal:

Petitioner requests the repeal in its entirety of [____] CCR [________________________________], effective [________________________________].

VI. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The Agency is authorized to promulgate rules under:

1. [________________________________] — [describe scope of authority]
2. [________________________________] — [describe scope of authority]
3. [________________________________] — [describe scope of authority]

B. Compliance with Colorado APA Rulemaking Standards

Under C.R.S. § 24-4-103, the proposed rule must satisfy the following requirements:

☐ Within statutory authority — The rule is within the agency's constitutional or statutory authority
☐ Authorized by law — The rule is authorized by a specific grant of rulemaking authority
☐ Not contrary to statute — The rule does not conflict with any statute
☐ Consistent with legislative intent — The rule furthers the purposes of the enabling legislation
☐ Not in conflict with other rules — The rule is consistent with the agency's other rules and other agencies' rules

Important Note: Under C.R.S. § 24-4-103(8)(a), a rule is not within the statutory authority of an agency merely because the rule is not contrary to the specific provisions of a statute. The agency must demonstrate affirmative statutory authorization.

Explanation of Compliance:

[________________________________]
[________________________________]
[________________________________]

C. Constitutional Considerations

[________________________________]
[________________________________]

D. Federal Preemption Analysis

☐ No federal preemption issues exist
☐ Federal preemption analysis is attached (Exhibit [____])

[________________________________]
[________________________________]

E. Consistency with Other State Rules

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

B. Cost-Benefit Analysis

(This petitioner's analysis supports the request. Under C.R.S. § 24-4-103(2.5), DORA decides whether to require a cost-benefit analysis after a timely request; subsection (2.5)(e) excludes specified actions.)

Benefits of the Proposed Rule:

1. [________________________________]
2. [________________________________]
3. [________________________________]

Costs of the Proposed Rule:

1. [________________________________]
2. [________________________________]
3. [________________________________]

Net Benefit Assessment:

[________________________________]
[________________________________]

C. Small Business Impact

[________________________________]
[________________________________]
[________________________________]

Number of small businesses potentially affected: [________________________________]
Nature of impact on small businesses: [________________________________]
Proposed alternatives to reduce small business burden: [________________________________]

D. Impact on Local Government

[________________________________]
[________________________________]

E. Regulatory Alternatives Considered

[________________________________]
[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. Public Health and Safety: [________________________________]

2. Consumer Protection: [________________________________]

3. Environmental Protection: [________________________________]

4. Economic Development: [________________________________]

5. Government Efficiency: [________________________________]

6. Regulatory Clarity and Consistency: [________________________________]

7. Alignment with Legislative Intent: [________________________________]

8. Compliance with Federal Requirements: [________________________________]

9. Equity and Access: [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

☐ Technical or scientific studies
☐ Economic data and cost-benefit analysis
☐ Stakeholder letters of support
☐ Comparative analysis of other state approaches
☐ Federal regulatory guidance or requirements
☐ Draft rule text markup / redline
☐ Legislative history or committee reports
☐ Fiscal impact analysis
☐ Data on impact to local governments and political subdivisions

X. RELATIONSHIP TO PENDING RULEMAKING

(Under C.R.S. § 24-4-103(7), when an agency undertakes rulemaking on any matter, all related petitions must be considered in the same proceeding.)

☐ No pending rulemaking actions are known to be related to this petition
☐ The following pending rulemaking action(s) are related to this petition:

Request: If the Agency is currently engaged in rulemaking on a related matter, Petitioner requests that this petition be consolidated with and considered in that proceeding as required by C.R.S. § 24-4-103(7).

XI. REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] ("the Agency"):

1. Acknowledge receipt of this petition and assign a tracking number or docket designation;

2. Make this petition available for public inspection as required by C.R.S. § 24-4-103(7);

3. Consider this petition and take any action the Agency deems appropriate under applicable law;

4. If any related rulemaking is currently pending, consolidate this petition with that proceeding per C.R.S. § 24-4-103(7);

5. If rulemaking is initiated:

   • (a) Provide at least twenty (20) days' notice of the proposed rulemaking,
   • (b) File the notice with the Secretary of State for publication in the Colorado Register,
   • (c) Afford opportunity for public comment and hearing, and
   • (d) If DORA requires a cost-benefit analysis after a timely request and subsection (2.5) applies, prepare and publish it under C.R.S. § 24-4-103(2.5);

6. Consider the proposed rule text set forth in Section V or substantially similar language; and

7. Provide Petitioner with copies of all agency actions taken in response to this petition.

XII. SIGNATURE AND OPTIONAL VERIFICATION

Optional verification, if required by the agency's rules or chosen by Petitioner: I, [________________________________], declare under penalty of perjury that the statements in this petition are true and correct to the best of my knowledge and belief.

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed Name

_________________________________________
Title / Position

_________________________________________
Organization (if applicable)

COLORADO FILING INSTRUCTIONS

Where to File

Filing Methods

☐ U.S. Mail — Send original plus [____] copies to agency address
☐ Hand Delivery — Deliver to agency offices during business hours (request date-stamped receipt)
☐ Certified Mail / Return Receipt — Recommended to establish proof of filing date
☐ Electronic Filing — Where accepted by the agency; confirm format requirements
☐ Colorado Rulemaking Portal — Check https://rulemaking.colorado.gov for electronic options

Pre-Filing Checklist

☐ Review the Code of Colorado Regulations (CCR) for existing rules on the subject
☐ Check the Colorado Register for pending rulemaking actions
☐ Review the Colorado Rulemaking Portal (rulemaking.colorado.gov) for scheduled hearings
☐ Verify the agency has rulemaking authority over the subject matter
☐ Confirm the agency has affirmative statutory authorization (not just non-contravention)
☐ Determine if the agency has prescribed a specific petition form or procedure
☐ Contact the agency's rules administrator to confirm filing requirements
☐ Check for pending related rulemaking that might require consolidation
☐ Retain a date-stamped copy of the filed petition

AGENCY ACTION ON RULEMAKING PETITIONS — COLORADO

Statutory Obligations

Under C.R.S. § 24-4-103(7), when an agency receives a petition for rulemaking:

If the Agency Initiates Rulemaking (C.R.S. § 24-4-103)

The agency must:

1. Give at least twenty (20) days' notice of the proposed rulemaking action
2. Publish notice in the Colorado Register (filed with the Secretary of State)
3. Include a statement of the subject matter, time, and place of the rulemaking hearing
4. Prepare and publish a cost-benefit analysis if DORA requires one under C.R.S. § 24-4-103(2.5)
5. Afford interested persons reasonable opportunity to present data, views, or arguments
6. Consider all submissions before adopting the final rule
7. Submit the adopted rule to the Attorney General for legality review
8. File the adopted rule with the Secretary of State
9. Publish in the Code of Colorado Regulations

Attorney General Review

Under C.R.S. § 24-4-103(8)(b), the agency submits a rule to the Attorney General before issuing it for an opinion on its constitutionality and legality.

Legislative Oversight

The Colorado General Assembly provides oversight of agency rulemaking through:

• The Office of Legislative Legal Services, which reviews rules for statutory authority
• Standing committees that may hold hearings on agency rules
• The power to postpone, suspend, or repeal rules through legislative action

Tracking Your Petition

☐ Date petition filed: [__/__/____]
☐ Method of filing: [________________________________]
☐ Confirmation or tracking number received: [________________________________]
☐ Agency contact for follow-up: [________________________________]
☐ Date of agency response: [__/__/____]
☐ Agency action: ☐ Denied ☐ Rulemaking initiated ☐ Consolidated with pending proceeding

APPEAL OF DENIAL

Judicial Review Under C.R.S. § 24-4-106

If the agency denies the petition, assess whether the denial is reviewable agency action under C.R.S. § 24-4-106 and whether a separate statute directs review to the Court of Appeals. Section 24-4-103(7) leaves action on a rulemaking petition to the agency's discretion.

Standards for Judicial Review (C.R.S. § 24-4-106):

The court may reverse or modify an agency action if:

1. The agency action was unconstitutional on its face or as applied
2. The agency exceeded its constitutional or statutory authority
3. The agency failed to follow the applicable procedural requirements
4. The agency action was arbitrary, capricious, or otherwise not in accordance with law
5. The agency's findings were not supported by the evidence in the record
6. The agency's factual findings were clearly erroneous on the whole record, or the action was otherwise contrary to law

Filing Requirements for Judicial Review:

Steps to Appeal a Denial:

☐ Obtain written denial with reasons from the agency
☐ Determine the appropriate court for judicial review
☐ Consult with an attorney regarding the merits of judicial review
☐ If district court review under § 24-4-106(4) applies, commence the action within 35 days after the agency action becomes effective; check for a different deadline if review is directed to the Court of Appeals
☐ Serve the agency and the Attorney General
☐ Request the administrative record from the agency
☐ File briefs and appear for hearing as scheduled
☐ Consider whether the denial implicates legislative oversight concerns

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter addressed to agency head
☐ Formal Petition for Rulemaking (this document, completed)
☐ Proposed rule text (new rule, amendment redline, or repeal request)
☐ Statement of need and justification
☐ Identification of statutory authority
☐ Signature; include the optional verification only if the agency's rules require it or Petitioner chooses it

Recommended Supporting Documents

☐ Cost-benefit analysis
☐ Economic impact analysis
☐ Small business impact statement
☐ Technical or scientific studies supporting the petition
☐ Letters of support from stakeholders
☐ Comparative analysis of other jurisdictions' rules
☐ Federal regulatory guidance (if relevant)
☐ Legislative history or policy analysis
☐ Fiscal impact analysis
☐ Analysis of impact on local governments

Filing Copies

☐ Original petition with original signature
☐ [____] copies for agency files (confirm number with agency)
☐ One copy retained by petitioner with date-stamp or filing confirmation
☐ Electronic copy saved for petitioner's records

PRACTICE TIPS FOR COLORADO RULEMAKING PETITIONS

Before Filing

1. Use the Colorado Rulemaking Portal. Colorado maintains a centralized rulemaking portal at https://rulemaking.colorado.gov that provides information on scheduled rulemaking hearings, proposed rules, and adopted rules across state agencies.

2. Review the Code of Colorado Regulations (CCR). Search the CCR through the Secretary of State's website for existing rules and recently adopted changes on the subject matter.

3. Check for pending related rulemaking. Under C.R.S. § 24-4-103(7), if the agency is already engaged in rulemaking on a related matter, your petition must be consolidated with that proceeding. Check for pending hearings before filing.

4. Understand the "affirmative authorization" requirement. Colorado law requires that rules be affirmatively authorized by statute, not merely "not contrary to" statute. A rule is void if it conflicts with a statute. Ensure the proposed rule has a clear statutory basis.

5. Contact the agency's rules administrator. Most Colorado agencies have designated staff responsible for rulemaking. Contact them to confirm filing procedures, check for pending related actions, and understand current agency priorities.

Drafting the Petition

6. Draft specific rule language. Provide actual proposed regulatory text rather than general policy requests. Follow the formatting conventions used in the Code of Colorado Regulations.

7. Include cost and benefit evidence. A petitioner may provide this evidence to support the requested rule. Section 24-4-103(2.5) makes an agency analysis conditional on a timely request, DORA's decision, and the subsection's scope.

8. Address the Attorney General review standards. All Colorado rules are reviewed by the Attorney General for legality. Demonstrate that the proposed rule satisfies constitutional and statutory requirements.

9. Consider legislative oversight. The Office of Legislative Legal Services reviews rules for statutory authority. Anticipate and address potential legislative concerns in the petition.

10. Account for the public inspection requirement. Your petition will be open to public inspection under § 24-4-103(7). Draft the petition with the understanding that it will become a public document.

After Filing

11. Follow up on agency response. Although the statute does not specify a fixed response deadline (unlike some states' 30-day requirements), agencies are expected to act on petitions within a reasonable time. Follow up if no response is received.

12. Prepare for rulemaking hearing participation. If the agency initiates rulemaking, attend the public hearing and submit detailed written comments supporting the proposed rule.

13. Monitor the Colorado Register. Watch for notice of proposed rulemaking action related to your petition through the Secretary of State's publications.

14. Engage with the Office of Legislative Legal Services. If rulemaking is initiated, the proposed rule will be reviewed for statutory authority. Be prepared to provide information to support the rule's legal basis.

15. Document everything. Maintain copies of all correspondence with the agency, including proof of filing dates and agency responses. The petition is a public record.

SOURCES AND REFERENCES

• C.R.S. § 24-4-103 — Rulemaking Procedure (including § 24-4-103(7) Petition for Rulemaking)
  https://law.justia.com/codes/colorado/title-24/administration/article-4/part-1/section-24-4-103/

• C.R.S. § 24-4-106 — Judicial Review of Agency Action
  https://law.justia.com/codes/colorado/title-24/administration/article-4/part-1/section-24-4-106/

• Colorado Administrative Procedure Act — Ballotpedia
  https://ballotpedia.org/Colorado_Administrative_Procedure_Act

• Colorado Secretary of State — Rules and Regulations
  https://www.coloradosos.gov/pubs/CCR/

• Colorado Rulemaking Portal
  https://rulemaking.colorado.gov

• Colorado General Assembly — Administrative Rule Review
  https://content.leg.colorado.gov/agencies/office-legislative-legal-services/administrative-rule-review-0

• Colorado Register — Publication of Proposed Rules
  https://www.coloradosos.gov/pubs/CCR/

This template is provided for informational purposes only and does not constitute legal advice. Users must consult with a qualified attorney licensed in Colorado before filing a petition for rulemaking. Rulemaking procedures may vary by agency, and additional requirements beyond those reflected in this template may apply. Last updated: 2026-03-08.