First Regular Session
Sixty-second General Assembly
LLS NO. 99-0182.01 Duane Gall SENATE BILL 99-042
STATE OF COLORADO
BY SENATOR Dyer
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
101 CONCERNING THE RULE-MAKING AUTHORITY OF THE DIRECTOR OF THE
102 DIVISION OF WORKERS' COMPENSATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Prohibits the director of the division of workers' compensation in
the department of labor and employment from adopting rules that increase
or decrease benefits or increase or decrease the overall cost of
administering the workers' compensation statutes, except in connection
with establishing the state's average weekly wage and the fee schedule for
medical benefits as required by current law.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 8-47-107, Colorado Revised Statutes, is amended
3 to read:
4 8-47-107. Adoption of rules - general authority - limitations -
5 procedure. (1) The director has the power to adopt reasonable and
6 proper rules and regulations relative to the administration of articles 40
7 to 47 of this title and proper rules and regulations to govern proceedings
8 and hearings of the division, and the director has the discretion to amend
9 said rules and regulations from time to time.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 (2) (a) No such rule shall limit the jurisdiction of an
2 administrative law judge in the division of administrative hearings to hear
3 and decide all matters arising under articles 40 to 47 of this title.
4 (b) EXCEPT WITH REGARD TO ESTABLISHING THE STATE AVERAGE
5 WEEKLY WAGE PURSUANT TO SECTION 8-47-106 AND THE FEE SCHEDULE
6 PURSUANT TO SECTION 8-42-101 (3), NO SUCH RULE SHALL HAVE THE
7 EFFECT OF INCREASING OR DECREASING BENEFITS OR INCREASING OR
8 DECREASING THE OVERALL COST OF ADMINISTERING ARTICLES 40 TO 47 OF
9 THIS TITLE.
10 (3) Such rules and regulations shall be promulgated in accordance
11 with section 24-4-103, C.R.S.
12 SECTION 2. Effective date - applicability. This act shall take
13 effect upon passage and shall apply to cases of injuries occurring on or
14 after said date.
15 SECTION 3. Safety clause. The general assembly hereby finds,
16 determines and declares that this act is necessary for the immediate
17 preservation of the public peace, health, and safety.