Correction Filing Request

Correction Filing Request Summary of the request: The department is requesting an administrative correction so the effective date in the Colorado Register and the title block for three rules match.

Correction requested for:  TN: 2017-00126, 6 CCR 1007-1 Pt 3, Radiation Control: Licensing of Radioactive Material  TN: 2017-00127, 6 CCR 1007-1 Pt 4, Radiation Control: Standards for Protection Against Radiation  TN: 2017-00128, 6 CCR 1007-1 Pt 22, Radiation Control: Physical Protection of Category 1 and Category 2 Radioactive Material

Language to be revised: The title block of the adopted documents reads, “Adopted by the Board of Health on May 17, 2017; effective July 15, 2017.”

The Department is requesting that the rule be corrected to read, “Adopted by the Board of Health on May 17, 2017; effective June 30, 2017.”

Rationale: The Administrative Procedure Act requires adopted material to be filed within 20 days after adoption. For the Board of Health, this filing typically occurs in time for the Colorado Register publication on the 25th day of the month. These rules involved minor modifications and the Department and the Office of the Attorney General were able to process them quickly. This resulted in the rule being filed in time to be part of the June 10th publication. Because the effective date was based upon the Colorado Register publication date, the result is that the adopted material has a June 30th effective date.

This correction is consistent with the direction of the Board of Health as the Board did not adopt the rule with a delayed effective date; rather, the effective date was based upon the date of publication in the Colorado Register. The redline hearing document clearly communicates that while July 15, 2017 was the anticipated effective date, it may change.