Pursuant to title 6, article 16, Colorado Revised Statutes, the "Charitable Solicitations Act" and in accord with the rule-making provision of the State Administrative Procedures Act, specifically 24-4-103(6) C.R.S., I Donetta Davidson, Colorado Secretary of State, do hereby adopt and give NOTICE of the temporary adoption this 9th day of May 2002, effective this date, of Temporary Rules, 1 and 2 of the Rules for the Administration of the Colorado Charitable Solicitations Act.

Donetta Davidson
Secretary of State

Signed
By: William A Hobbs
Deputy Secretary of State

Date: May 9, 2002

Temporary Rules for the Administration of the Colorado Charitable Solicitations Act

Rule 1 - Electronic Filing

(1) All filings with the Office of the Secretary of State that are required or permitted by title 6, article 16, C.R.S., the "Colorado Charitable Solicitations Act," shall be made electronically, through the use of the Secretary of State's Internet charitable solicitation registration and reporting system, and shall be in the format prescribed by the Secretary of State. No such filing attempted on paper shall be deemed valid, nor shall any paper filing tendered in connection with the above cited Act be accepted by the Secretary of State.

(2) The Secretary of State shall issue a unique user identification number and password to any charitable organization, paid solicitor, or professional fundraising consultant who requests to file pursuant to title 6, article 16, C.R.S., provided that such requester first furnishes any information, agreement or affirmation that the Secretary of State requires in order to establish and maintain an accurate, accessible, and secure electronic charitable solicitations filing and information system. Submission of a filing with the identification number and password described in this Rule 1 shall constitute the filer's official signature, in accord with C.R.S. 24-71.1-106, affixed under penalty of perjury, as provided by law.

Rule 2 - Expedited Hearing Deadlines

(1) Upon receipt of a request for hearing pursuant to C.R.S. 6-16-111 (6) (b), the Secretary of State shall set and give notice of the requested hearing. Such notice shall be served within five business days of the Secretary of State's receipt of the hearing request, and shall set the hearing on a date no sooner than ten and no later than twenty calendar days after the date of service of the notice. For the purposes of this Rule 2, any notice by mail shall be deemed served on the date of its postmark.

(2) Proceedings conducted pursuant to C.R.S. 6-15-111 (6) and this Rule 2 may, in the discretion of the Secretary of State, be continued for good cause shown by any party to such proceedings. Any continuance shall be as brief as practicable, and no continuance shall be for a period longer than ten days.

(3) The Secretary of State shall conclude all expedited hearings with reasonable dispatch, and shall take final agency action, including, but without limitation, issuance of all such administrative findings, decisions, and orders as the Secretary considers appropriate, within twenty calendar days from the date on which any such expedited proceeding is concluded.

Statement of Emergency Justification

This statement pertains to Temporary Rules 1 and 2 for the Administration of the Colorado Charitable Solicitations Act. Immediate adoption of these rules is imperative because they are necessary for the implementation of extensive amendments to the Colorado charitable solicitation registration and reporting system. The amendments were enacted in 2001 with an effective date of May 9, 2002. They require the Secretary of State to prescribe forms for charitable solicitation filings (6-16-104, 104.3 and 104.6), give her authority to promulgate rules for electronic filing (6-16-110.5), and require that she provide by rule for expedited hearing deadlines (6-16-111).

Prior to the effective date of the 2001 legislation, the Secretary of State had no rule-making authority pursuant to the Charitable Solicitations Act. For this reason, she could not begin rule promulgation proceedings before May 9, 2002, in anticipation of the need (and the statutory requirement) for rules on and after that date. To cover the period of time necessary for the promulgation process for permanent rules, temporary rules must therefore be adopted on the effective date of the legislation.