Provisions procedural and remedial

24-3-103. Provisions procedural and remedial. The provisions of this article shall be construed as procedural and remedial and shall not be construed as extending, conferring, or granting such agencies any substantive powers, duties, or functions, nor shall this article be construed as granting permission to sue the sovereign state of Colorado or any agency thereof. Source: L. 57: p. 119, � 4. CRS 53: � 3-2-7. C.R.S. 1963: � 3-2-7. ARTICLE 3.5 Meetings of Boards and Commissions 24-3.5-101. Legislative declaration relating to meetings of state boards and commissions. The general assembly declares that public participation in government produces better government; therefore, to promote as much public participation in government as possible, every state board and commission established by law is encouraged to hold at least one-third of its regularly scheduled meetings outside the Denver metropolitan area each year, taking their budgetary constraints into account. Source: L. 75: Entire article added, p. 791, � 1, effective June 20. Cross references: For the open meetings law, see part 4 of article 6 of this title. ARTICLE 3.7 Statutory Requirements for Creation of Boards and Commissions 24-3.7-101. Statutory language required for creation of state boards and commissions. When the general assembly statutorily creates any board or commission in state government, such statutory provision shall specify a termination date for such board or commission, the appointing authority for each member, any requirement for senate confirmation of appointments, the number and type of members, any per diem or allowance for expenses, the state department in which the board or commission shall be located, any explicit powers possessed by such board or commission, including but not limited to advisory authority, rule-making authority, or authority regarding the control of revenues, and any staffing, funding, or reporting requirements. Source: L. 91: Entire article added, p. 834, � 1, effective March 29. 24-3.7-102. Best practices for state boards and commissions. (1) Notwithstanding any law to the contrary, commencing January 1, 2019, each statutorily created board or commission in state government, not including a special purpose authority as defined in section 24-77-102 (15), shall implement written policies or bylaws and obtain annual training on: (a) Understanding and operating within the limits of statutory directives, legislative intent, and any specific directions or laws related to the board or commission's establishment and its powers and duties; (b) Defining the board or commission's mission or role in the oversight of projects or entities approved to receive public funding, if applicable; (c) Understanding the goals of the programs the board or commission oversees, and aligning the board or commission's processes with those goals; (d) Identifying and managing conflicts of interest; (e) Understanding the requirements of the Colorado Open Records Act, part 2 of article 72 of this title 24, and the open meetings law, part 4 of article 6 of this title 24; (f) Setting parameters regarding board or commission staff's duties relative to the board or commission's mission or role; (g) Identifying and securing sufficient data in order for the board or commission to make informed decisions; (h) Ensuring the appropriate involvement of members in the review of key communications and in any policy-making activities; (i) Ensuring members act in accordance with their roles as public representatives; (j) Coordinating with other boards or commissions, industry, educational institutions, and state agencies where responsibilities and interests overlap; and (k) Annually reviewing management practices to ensure best practices are utilized. (2) Each state agency responsible for a statutorily created board or commission shall ensure that the state board or commission obtains the annual training and implements the written policies specified in subsection (1) of this section. Source: L. 2018: Entire section added, (HB 18-1198), ch. 145, p. 930, � 1, effective August 8. ARTICLE 4 Rule-making and Licensing Procedures by State Agencies Cross references: For limitation on licensing and revocation of licenses, see Graeb v. State Board of Medical Examiners, 55 Colo. 523, 139 P. 1099; Chenowith v. State Board of Medical Examiners, 57 Colo. 74, 141 P. 132 (1914); Sapero v. State Board of Medical Examiners, 90 Colo. 568, 11 P.2d 555 (1932); Paine v. People, 106 Colo. 258, 103 P.2d 686 (1940); Prouty v. Heron, 127 Colo. 168, 255 P.2d 755 (1953); Colorado State Board of Nurse Examiners v. Hohu, 129 Colo. 195, 268 P.2d 401 (1954); In re Hearings Concerning Canon 35, 132 Colo. 591, 296 P.2d 465 (1956); and Geer v. Stathopulos, 135 Colo. 146, 309 P.2d 606 (1957). For the distinction between standards which must be enacted by the general assembly and rules and regulations which can be enacted by the department, see cases annotated under article III of the Colorado Constitution; Schechter Poultry Corp. v. U.S., 295 U.S. 495, 55 S. Ct. 837, 79 L. Ed. 1570 (1935); Prouty v. Heron, 127 Colo. 168, 255 P.2d 755 (1953); and Casey v. People, 139 Colo. 89, 336 P.2d 308 (1959); for article, Administrative Rule Review: Procedures and Oversight by the Colorado General Assembly, see 33 Colo. Law. 83 (June 2004). Law reviews: For article, The Colorado Administrative Procedure Act: Exclusive Demanding Reform, see 44 Den. L.J. 42 (1967); for comment on the Colorado Administrative Procedure Act and its construction, see 51 Den. L.J. 275 (1974); for comment, Pre-Enforcement Judicial Review: CF&I Steel Corp. v. Colorado Air Pollution Control Commission, see 58 Den. L.J. 693 (1981); for article, Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 61 Den. L.J. 109 (1984); for article, Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 62 Den. U. L. Rev. 9 (1985); for Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 63 Den. U. L. Rev. 165 (1986); for article, A Practitioner's Guide to the Colorado Air Quality Control Commission, see 16 Colo. Law. 1405 (1987); for article, General Principles of the Colorado Administrative Procedure Act, see 16 Colo. Law. 1983 (1987); for article, Prosecuting an Appeal from a Decision of the Colorado Public Utilities Commission, see 16 Colo. Law. 2163 (1987); for article, Practicing Before the Colorado Civil Rights Commission, see 17 Colo. Law. 259 (1988); for article, Administrative Law, which discusses Tenth Circuit decisions dealing with questions of administrative law, see 65 Den. U. L. Rev. 357 (1988); for a discussion of Tenth Circuit decisions dealing with questions of administrative law, see 66 Den. U. L. Rev. 667 (1989); for a discussion of Tenth Circuit decisions dealing with questions of administrative law, see 67 Den. U. L. Rev. 603 (1990); for article, Parallel Criminal and Administrative Licensure Proceedings, see 20 Colo. Law. 213 (1991); for article, Legislative Sunset of Administrative Rules, see 21 Colo. Law. 2191 (1992); for article, Representing a Professional Licensee in A Regulatory Board Investigation, see 21 Colo. Law. 1397 (1992). PART 1 GENERAL