What is this Rule making versus Statutes?

by Maureen Welch, Volunteer Activist



Come learn more March 28 at a Stakeholder meeting. 

1. Legislature makes laws which go into State Statute (Telling What to do)

2. Executive branch departments promulgate (make)  the Rules (Telling all how to do it). 

3. Each department in Colorado Government has a rule making body, to keep rules updated to statute or make changes in rules that do not require legislative direction. (Rule making meetings publicly posted on department calendars)

4.  At the department rule making body, there is open comment available and the proceedings are live streamed and archived. The members of these rule making bodies are nominated by the Governor and approved by the State Senate. They are considered Governor Appointees with designated terms in their bylaws. The internet conveniently allows access to these bodies, agendas, minutes and audio links.

5. The Colorado Department of Human Services has the rule making body, State Board of Human Services. Health Care Policy and Finance has the Medical Services Board. Each department has their own board. Here is a link to the State of Colorado info on Rule Making: https://www.colorado.gov/pacific/dora-oprrr/coprrr-process

 


When Do The People participate?

1. During State Legislative Process, if awareness is raised to garner participation. Sometimes stakeholders must demand more meetings as we did with this rule making for APS HB17-1284.

a. Testimony is afforded at each committee in both the House and Senate.

b. The public can also communicate with their elected officials or those on the appropriate committee.

2. During Rule making process,

a. At subcommittee meetings in appropriate department

b. At the Department's Rule making body/board.

c. The Attorney General can review rules if the department requests it, which is charged to the Department budget.

3. Legislative Legal Services at Capitol

a. They review the rules to ensure they reflect statutory intent.

4. The rule is active! Can always go back to State board for more amendments or clarifications. 


Colorado Department of Human Services will have its third Stakeholder Meeting. This packet is about the Registry for substantiated persons. It is critical we participate.

APS Rule Packet 17-06-26-03 Review Meeting —Proposed revisions to APS rules related primarily to the process for CAPS background checks 

Wednesday, March 28th, 5:30-7:30pm, CDHS, 1575 Sherman Street, Denver Conf Room 4A/B

Call in option:  1-302-202-1110 access code 171769  

Link to register for the webinar:    https://attendee.gotowebinar.com/register/216150081276809986

Note: For those attending in person, please plan to arrive a few minutes early and bring a photo ID to sign in with the security guard and receive a guest badge.

• Purpose:  Gather stakeholder feedback on Draft Rule Packet 17-06-26-03 in advance of the State Board initial reading planned for May 4th 

• Format:  We will review the portions of the rule that feature proposed additions of language and deletions, discussing the rationale and requesting specific feedback from stakeholders

• How you can help:  Please read the draft rule packet and bring your feedback to the meeting. Rule Packet 3 is available at https://drive.google.com/file/d/1jaTDBtHQb5qmlwla5A_ZplNmZILG6V_k/view


Attend the State Board CDHS in Denver Friday April 6, 2018

Final stop for the Rule packets to be reviewed or amended.

8:30am Board Work Session Presentation by APS staff to State Board "APS 101" overview of program

Rule Packet Three at the State Board meeting

APS Presentation Friday April 6, 2018 at 8:30am, 10am Board meeting Opens with Public Comment and also public comment for Agenda Item.

Location: Colorado Department of Human Services, 1575 Sherman Street, 8th Floor, Denver, CO 80203

Webinar option https://app.gotomeeting.com/?meetingId=758645967
Call in option:  1-302-202-1110 access code 171769  

• 8:30: APS 101, MIndy Kemp Presentation

• 9:30: Competency and Restorations, Robert Werthwein and Patrick Fox

10:00 AM Rulemaking Session

A. Attendance

B. Call to Order

C. Open Comments Period

D. Board Business

E. Rule Making Session

1. Document 1: Transportation for an Immediate Evaluation Hold in a Designated Facility (17-11-29-01)

2. Document 2: APS Rule Additions Related to Perpetrator Due Process (17-06-26-02)

F. Other Business

G. Departmental Update

Note: Agendas may be modified at the discretion of the Board.