FAQs for State Agencies - Filing Notices and Attachments

1. Where should I place the hearing link when filing a notice?

We recommend placing the hearing link in the Hearing Location field rather than the Comments field.

  • The Hearing Location field appears in the Colorado Register, making the link visible to the public.
  • The Comments field does not appear in the Register, so any information placed there will not be publicly accessible.

Using the correct field ensures transparency and helps stakeholders easily access hearing details.

2. What should I do if my link does not fit in the Hearing Location, if I have both an in-person and online hearing?

We recommend communicating with your Assistant Attorney General on best practice. However, we also recommend that you provide a shortened link, if possible, in the Hearing Location. Or, you could submit documentation to the Additional Information field that includes the link to the online portion of the rulemaking hearing and state in the Hearing Location that the webinar link is located in the Additional Information attachment. The Additional Information document is included in the Colorado Register publication.

3. Can I file a second Notice of Rulemaking using the same SOS tracking number?

No, the e-filing system does not support republishing a notice using the same tracking number.

If you need to continue a rulemaking process:

  • File a new tracking number for the second notice.
  • In the Comments section, note that this is a continuation of the rulemaking initially noticed under the original tracking number.
  • Then, file a termination for the original tracking number.
  • In the termination reason, include a statement informing interested parties that the rulemaking action is continued under the new tracking number.

This cross-referencing helps ensure transparency and allows the public to follow the rulemaking process across filings.

4. Is an effective date required when submitting a final rule filing?

Yes, a specific effective date is required when submitting the final rule filing. The earliest effective date for adopted rules is 20 days after publication in the Colorado Register, per section 24-4-103(5), C.R.S.

Example: If your rule is scheduled to be published in the January 25th, issue of the Colorado Register, then the earliest possible effective date would be February 14th.

There is no limit on how far out a future effective date can be set. However, if the actual effective date is still uncertain:

  • You may use your best estimate for the effective date.
  • Be aware that a subsequent rulemaking (such as an emergency or temporary adoption) may be required to adjust the date later.

Since this situation may involve legal interpretation, we recommend consulting your Assistant Attorney General for guidance on how to proceed.

5. Can we change the effective date after the final filing is completed?

Once the Attorney General’s office (AGO) has filed the rule opinion and the final filing is completed, agencies cannot amend the effective date through the e-filing system.

However, as a one-time exception, our office can submit an IT support ticket to update the effective date especially in cases where there was initial uncertainty. Please email us at rules@coloradosos.gov to request this update.

Optional public notice:

To ensure transparency, you may also consider filing a non-rulemaking public notice in a future issue of the Colorado Register to inform the public of the new effective date once it is determined.