C07-0565Decision No. C07-0565
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
07R-255TRDOCKET NO. 07R-255TR
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS UNDER HOUSE BILLS 07-1065 AND 07-1249.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:  July 3, 2007
Adopted Date:  June 27, 2007
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing fingerprint-based criminal history record checks under House Bills 07-1065 and 07-1249.  For the reasons set forth in this decision, we now adopt on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the emergency rules appended to this Decision as Attachment A.
2.	Generally, the purpose of the emergency rules adopted by this order is to set the framework for processing fingerprint-based criminal history record checks, including the setting of compliance deadlines, payment instructions, and form completion instructions.  The emergency rules also include specific compliance requirements.  Lastly, the rules establish the consequences for the results of the criminal history record checks.
3.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
4.	We find that immediate adoption of the emergency rules is imperative and necessary to implement the requirements of House Bills 07-1065 and 07-1249.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
5.	The rules attached to this order shall be effective on July 1, 2007, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.
2.	The attached rules shall be effective on July 1, 2007.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
June 27, 2007.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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