The Statements of Basis, Specific Statutory Authority
and Purpose for rulemaking activity from 1978 to 1986 are no longer in the
Department's files.
1.
Emergency Rule Adopted July 1, 2009 - Effective July 1, 2009
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
Emergency Rule Amendments is set forth in §§
35-14-107(1)(o),
121(3), C.R.S.
(2008), §
35-1-107(5)(a),
C.R.S. (2008), §
24-4-103(6)
C.R.S., (2008), and §§
35-14-121(5),
123(1),
123(2)(a),
123(2)(b), and
127(1), C.R.S., as
enacted in SB 09-113.
PURPOSE:
The purpose of these Emergency Rule Amendments is to update
the rules pertaining to the Measurement Standards Act of 1983 to comply with
the amendments to the Act set forth in SB 09-113.
These Amendments:
a.
Establish the license expiration date for operation of commercial weighing and
measuring devices.
b. Establish the
certified weigher certificate expiration date for those individuals who obtain
a certificate on or after July 1, 2009.
c. Establish the certificate expiration date
for commercial weighing and measuring device service providers who obtain a
certificate on or after July 1, 2009.
d. Establish commercial weighing and
measuring device service provider certification categories and performance
requirements.
e. Amend commercial
weighing and measuring device service provider certification requirements to
clarify the requirements are for the company, not the individual service person
employed by the company.
f. Add a
section to contain the statements of basis, specific statutory authority and
purpose.
FACTUAL AND POLICY BASIS:
The factual and policy issues that require the immediate
adoption of these Emergency Rule Amendments are as follows:
1. The Department of Regulatory Agencies
performed a Sunset Review in 2008 of the Colorado Measurement Standards Act,
which resulted in several amendments to the Act enacted by the General Assembly
in SB 09-113, effective July 1, 2009, that:
a.
Remove statutory expiration dates for device licenses, certified weigher and
device service providers and requires the Commissioner to establish such dates
in rule.
b. Require the
Commissioner to establish commercial weighing and measuring device service
provider certification categories and performance requirements.
2. The existing rule sets forth
certification requirements for individuals, but the statute requires the
business to obtain the certificate. The amendment clarifies that the
requirements for certification of service providers is for the company, not an
individual.
3. The Commissioner
hereby finds that immediate adoption of these Emergency Rule Amendments is
imperatively necessary to comply with the revisions to the Colorado Measurement
Standards Act of 1983, §§
35-14-101 - 134, C.R.S., enacted
by the General Assembly in its 2009 legislative session, which take effect on
July 1, 2009. These Emergency Rule Amendments are required to permit the
continuous and uninterrupted administration and enforcement of the Act,
including the issuance of licenses and certificates thereunder.
2.
Adopted July 16, 2009 - Effective
August 30, 2009
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
Permanent Rule Amendments is set forth in §§
35-14-107(1)(o),
121(3), C.R.S.
(2008), §
35-1-107(5)(a),
C.R.S. (2008), and §§
35-14-121(5),
123(1),
123(2)(a),
123(2)(b), and
127(1), C.R.S., as
enacted in SB 09-113.
PURPOSE:
The purpose of these Permanent Rule Amendments is to update
the rules pertaining to the Measurement Standards Act of 1983 to comply with
the amendments to the Act set forth in SB 09-113.
These Permanent Rule Amendments:
a. Establish the license expiration date for
operation of commercial weighing and measuring devices.
b. Establish the certified weigher
certificate expiration date for those individuals who obtain a certificate on
or after July 1, 2009.
c. Establish
the certificate expiration date for commercial weighing and measuring device
service providers who obtain a certificate on or after July 1, 2009.
d. Establish commercial weighing and
measuring device service provider certification categories and performance
requirements.
e. Amend commercial
weighing and measuring device service provider certification requirements to
clarify the requirements are for the company, not the individual service person
employed by the company.
f. Add a
section to contain the statements of basis, specific statutory authority and
purpose.
g. Correct typographical
errors throughout the rule.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
these Permanent Rule Amendments are as follows:
1. The Department of Regulatory Agencies
performed a Sunset Review in 2008 of the Colorado Measurement Standards Act,
which resulted in several amendments to the Act enacted by the General Assembly
in SB 09-113, effective July 1, 2009, that:
a.
Remove statutory expiration dates for device licenses, certified weigher and
device service providers and requires the Commissioner to establish such dates
in rule.
b. Require the
Commissioner to establish commercial weighing and measuring device service
provider certification categories and performance requirements.
2. The existing rule sets forth
certification requirements for individuals, but the statute requires the
business to obtain the certificate. The amendment clarifies that the
requirements for certification of service providers is for the company, not an
individual.
3. The Commissioner
intends to adopt Emergency Amendments to the Rules on July 1, 2009 in order to
implement the changes to the Act made by the General Assembly in SB 09-113.
These Permanent Amendments will make permanent those Emergency
Amendments.
3.
Adopted April
9, 2013 - Effective January 1, 2014
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
Permanent Rule Amendments is set forth in §
35-14-107(1)(o)
and §
35-1-107(5)(a),
C.R.S.
PURPOSE:
The purpose of this Permanent Rule Amendment is to amend
Regulation 8 1.1 to change the license expiration date for operation of
commercial weighing and measuring devices from June 30 to December 31.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
these Permanent Rule Amendments are as follows:
1. This change is necessary to allow the
Department to consolidate licensing functions to one time per year for all
licenses issued by the ICS Division.
2. The Department of Agriculture is moving
its licensing functions from a paper based system to an online system. To
accommodate licensee's who hold multiple licenses with the Department of
Agriculture, we are establishing a common licensing date so a licensee can
obtain all their licenses in one transaction.
4.
Adopted June 11, 2014 - Effective
July 30, 2014
STATUTORY AUTHORITY:
The Commissioner of Agriculture, is authorized to adopt these
permanent rules pursuant to §§
35-14-107(1)(o),
35-14-123(2)(b),
35-14-123(7), and
35-14-124(5),
C.R.S.
PURPOSE:
The specific purposes of these rule changes are as
follows:
1. Reformat the rule by
changing the term "regulation" to "part" so as to be consistent with other
Colorado Department of Agriculture rules.
2. Delete the civil penalty regulation, which
will now be set via policy. Existing rule is too stringent and does not allow
for consideration of aggravating/mitigating circumstances when a civil penalty
is issued.
3. Amend Part 1.1. by
removing the apprentice training requirement, which is no longer applicable.
Training can be completed by a scale operator.
4. Amend Part 1.2. by removing the
unnecessary requirement of an interview to become a certified weigher and add
language to clarify that applicants must pass a written exam.
5. Amend Part 2.1. by removing the onerous
and difficult to obtain training and experience requirement to become a device
service provider. Language in its place has been added that requires applicants
pass a written exam in order to become certified.
6. Add language to Part 3 to meet the
statutory requirement to create performance requirements for device service
providers, including language added to clarify time frame for in-service report
submission, require ownership of standards, provide for use of standards not
owned by the service provider, require a scale test report for large capacity
devices, and specify the information required on a placing in-service
report.
7. Add language to Part 4
that clarifies the statutory definition of a commercial weighing and measuring
device. Also add language that specifies the scale type to be used for
commercial transactions involving total weights of 3 ounces or less.
8. Add language to Part 5 to meet the
statutory requirement that mandates rules clarifying the circumstances under
which a blue or red tag should be issued for a rejected device.
9. Delete the requirement of what information
is needed on a license application, which will now be set in policy.
10. Delete requirements in regard to scale
pit depth, and approaches to vehicle scales which are no longer in line with
the national model law. The less restrictive requirements set forth in the
model law, NIST Handbook 44, will now be used.
FACTUAL AND POLICY ISSUES:
1. During 2008-09 the Department of
Regulatory Agencies (DORA) performed a Sunset Review of the Colorado
Measurement Standards Act (MSA). The outcome of this process was the amendment
of the MSA whereby language was added that required CDA to promulgate rules
that specify performance requirements for device service providers, information
required on a placing in-service report and criteria under which a blue or red
tag will be issued to a rejected device. Thus in order for the Department of
Agriculture to comply with these statutory requirements, the proposed rules in
8 CCR
1202-2 have been created. These rules have been
drafted with the assistance from representatives of the industry that would be
affected by their adoption.
2.
Rules that the Department no longer believe to be necessary, or not in
accordance with the national model law have been removed.
3. These revisions incorporate changes as a
result of the Department's Regulatory Efficiency Review Process conducted in
accordance with the Governor's Executive Order D 2012-002.
