eFiling Instructions

Contents
Download Rules
Permanent Rule Filing
Emergency or Additional Permanent Rule Filing

Correction Filing

 

Permanent Rule Filing
    1. File a Notice of Rulemaking
    2. Update a Notice of Rulemaking
    3. Request an Attorney General Opinion
    4. File a Permanent Rule

     

    I. File a Notice of Rulemaking

    All of the amendments for a specific Colorado Code of Regulations section can be included in one filing, unless you plan to have more than one hearing or more than one effective date.

    1. Log in to the Secretary of State’s eFiling system.
    2. Under "Permanent Rule Filing", click on "Step 1: File a Notice of Rulemaking".
    3. Choose the number of the rule that you will be amending in the drop-down list.  The title will automatically be filled in.
    4. If this is a new rule, choose "New" in the drop-down list.  Enter the new CCR number using the designated format (e.g. "1 CCR 101-1", or for very large rules, "6 CCR 1007-3 Part 260").
    5. Enter the title of the new CCR section.
    6. If your Agency name or the CCR title has changed, enter the new name in the "Additional Information/Comments" box. The Secretary of State’s office will make the necessary changes once your rulemaking is complete.
    7. Enter date of hearing in MM/DD/YYYY format.
    8. Enter hearing time in HH:MM format and select "AM" or "PM".
    9. Enter the complete location of the hearing (for example, "Department of State, 1700 Broadway, Blue Spruce Conference Room, Suite 300, Denver, CO 80290").
    10. Enter a brief description of the subject matter in the "Description of Subjects and Issues Involved" box. (For example, "These Rule amendments conform the rules to statutory changes in 24-90-101 C.R.S. The amendments clarify system plan and voting requirements.")
    11. Enter the statutory authority for the rule.
    12. Attach the proposed rule. Your document can contain track changes or strikeouts and small caps. This document can be a .doc, .rtf, or .pdf file.
    13. Attach any additional information that you need to provide to the public about your hearing. If you are e-mailing a notice to your constituents, you can attach a copy of that notice.  This document can be a .doc, .rtf, or .pdf file.
    14. Enter the names of publications incorporated by reference, if any.
    15. Enter additional information or comments for the Secretary of State's office, if any. This could include publication instructions or changes to the agency name or CCR title. This information will be public.
    16. Enter public contact information.
    17. Enter contact information for the Secretary of State, Attorney General, and the Office of Legislative Legal Services, if different from public contact information.
    18. Make sure that all required fields are filled in (look for the red asterisks).
    19. Click on "Submit".
    20. Print the confirmation screen and keep it as proof of your filing.  If a confirmation page does not appear, your filing is not complete. You can resubmit the filing, or call our office if you need help.
      The tracking number that appears near the top of the page will be used later in the rule filing process.

    Remember: You must also submit proposed rules to DORA’s Office of Policy, Research and Regulatory Reform (OPRRR).

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    II. Update a Notice of Rulemaking

    Under "Permanent Rule Filing", use the "Optional: Update Notice of Hearing" link to make changes to your Notice prior to the date of publication (the 10th of the next month).

    1. Log in to the Secretary of State’s eFiling system.
    2. Enter tracking number and click "Go".
    3. You may update any field as necessary.
    4. Select the "Edit" button to replace the files that you originally attached. If you click on the "Edit" button, you must reattach your proposed rules and/or your additional information files even if you have not made any changes to the files.
    5. Click on "Submit".
    6. Make sure the confirmation page contains all of your Notice updates. Print the confirmation screen and keep it as proof of your filing. If a confirmation page does not appear, your filing is not complete. You can resubmit the filing, or call our office if you need help .

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    III. Request an Attorney General Opinion

    After you have held your hearing and adopted your rules, you must eFile your Request for an Attorney General Opinion. 

    NOTE:  This form can be refiled under the same tracking number if the AG’s Office finds an error in your filing, but you must refile before the Attorney General Opinion is issued.

    Before filing your AGO Request, create a file that contains a clean copy of your adopted/amended rules. The file can be saved as .rtf or .doc. Do not save as .docx. We recommend that you also provide a red-line copy of your adopted/amended rules, which can be a .doc, .rtf, or .pdf file.

    Remember: Do not include periods in your file name.

    1. Log in to the Secretary of State’s eFiling system.
    2. Under "Permanent Rule Filing", click on "Step 2: Request an AGO".
    3. Enter your tracking number and click "Go".
    4. Information that you entered on your Notice will automatically be filled in, including the department, agency, CCR Title and CCR Number.
    5. Enter the adopting agency if it is different from the agency listed at the top of the form. This field will be displayed on your Attorney General Opinion.
    6. Attach a file or files containing a clean copy of your adopted/amended rules. The Adopted Rules file must be saved as .rtf or .doc. Do not save as .docx or .pdf.
      Tables and graphics can be attached as separate .pdf documents. These files will be published in the Colorado Register.
      Remember: The file(s) attached as Adopted Rules constitute your legal rule filingand will be reviewed by the Office of Legislative Legal Services. All text submitted is subject to review. Any discrepancies between the Redline and the Adopted Rules documents will be decided in favor of the Adopted Rules document.
    7. We recommend that you attach a red-line version of your adopted/amended rules. If you do not have a red-line version, leave this field blank.  This document can be a .doc, .rtf, or .pdf file.
    8. Select "Yes" or "No" regarding whether your rule was submitted in response to issues raised by the Committee on Legal Services or the Office of Legislative Legal Services staff.
    9. Enter the adopted date of your rule in MM/DD/YYYY format.
    10. Make changes to the Information/Comments field and contact information, if necessary. This field is viewable by the public. (For example, "DPOS Board held duly noticed public hearing; quorum present; no written or verbal comments from public received; Board adopted by roll call vote.")
    11. Enter a brief description of the purpose or objective of the rule. This field is limited to 600 characters. (For example, "The purpose of this regulation is to establish guidelines for the application process, to ensure an adequate diversity exists for the evaluation of the effectiveness of the Pilot Program, and to set forth the filing requirements and standards for initial and continued licensure of a MEWA under the Pilot Program.")
      If you wish to provide a longer description, enter "See attached Statement of Basis and Purpose" in this field and attach a document in the designated field below.
    12. Attach your Basis and Purpose document if it is not included in the text of the rule.  This document can be a .doc, .rtf, or .pdf file.
    13. Select "Yes" or "No" regarding whether a regulatory analysis was prepared.
      If you choose "Yes", attach your regulatory analysis or fiscal statement.  This document can be a .doc, .rtf, or .pdf file.
    14. The statutory authority will automatically be filled in based on what you entered on the "File a Notice"’ form. You can make changes to this information if needed. Include both the general statutory authority for adopting rules and the specific statutory provisions (if any) that the rule interprets or refines.
    15. If the rule is required or allowed by federal law, rule, or order, enter the citation for the applicable federal provision(s).
    16. Make sure that all required fields are filled in (look for the red asterisks).
    17. Click on "Submit".
    18. Print the confirmation screen and keep it as proof of your filing. If a confirmation page does not appear, your filing is not complete.  You can resubmit the filing, or call our office if you need help.

    The eFiling system will send an email to the Attorney General’s Office to alert them of your filing. After the AG Opinion has been issued, a notice will be e-mailed to you. You can then complete your rulemaking by eFiling your rule with the Secretary of State and the Office of Legislative Legal Services.

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    IV. File a Permanent Rule
    1. Log in to the Secretary of State’s eFiling system.
    2. Under "Permanent Rule Filing", click on "Step 3: File a Rule". 
    3. Enter your tracking number and click "Go".
    4. All information is automatically filled in.
    5. You can view all of the attached files by clicking on the file names. You can view the Attorney General Opinion by clicking on the date. 
    6. Enter the effective date in MM/DD/YYYY format.
      For permanent rules, the effective date must be 20 days after publication in the Colorado Register or later.
    7. Click on "Submit".
    8. Print the confirmation screen and keep it as proof of your filing. If a confirmation page does not appear, your filing is not complete. You can resubmit the filing, or call our office if you need help.

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