1. What are the requirements for filing an Emergency Rule, and is the justification published?

Emergency rulemaking is governed by section 24-4-103(6), C.R.S. We recommend reviewing this section and consulting with your Assistant Attorney General (AG) to ensure your rule qualifies.

Key points:

• Subsection (6)(a) allows a temporary or emergency rule to be adopted without complying with subsections (2.5) and (2.7) of the APA.
• These subsections relate to permanent rulemaking procedures, including notification to the Office of State Planning and Budgeting (OSPB), and are not required for emergency rules.

Publication of justification:

• The emergency justification is published in the Colorado Register along with the emergency rule.
• This occurs after the AG opinion has been filed and the emergency rule is submitted through the e-filing system.