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HOUSE BILL 26-1343
BYREPRESENTATIVE(S) Mauro and Clifford, Bacon, Bradley, Hamrick,
Nguyen, Rutinel, Duran, Keltie, Lindsay, Marshall, Phillips, Weinberg,
McCluskie;
also SENA TOR(S) Marchman, Coleman.
CONCERNING EXPANDING THE USE OF ELECTRONIC PROCESSES IN
PROCEEDINGS INVOLVING THE "STATEADMINISTRA TIVE PROCEDU RE
ACT".
Be it enacted by the General Assembly of the State of Colorado:
SE CTION 1. In Colorado Revised Statutes, 24-4-105, amend
(2)(a), (2)(b), and (16)(a) as follows:
24-4-105. Hearings and determinations.
(2) (a) In any sueh proceeding in which an opportunity for agency
adjudicatory hearing is required under the state constitution or by this or any
other statute, the parties are entitled to a hearing and decision in conformity
with this section. Any person entitled to notice of a hearing shall be given
timely notice of the time, place, and nature thereof, the legal authority and
jurisdiction under which it is to be held, and the matters of fact and law
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
asserted. Unless otherwise provided by law, suehTHE notice shall be served
personally; BY ELECTRONIC MEANS, UPON THE DOCUMENTED REQUEST OR
CONSENT OF THE PERSON TO BE NOTIFIED; or by mailing by first-class mail
to the last address furnished TO the agency by the person to be notified at
least thirty days prior to the hearing. In fixing the time and place for a
hearing, due regard shall be had for the convenience and necessity of the
parties and their representatives.
(b) Any person given sueh notice PURSUANT TO SUBSECTION (2)(a)
OF THIS SECTION shall file a written answer thirty days after the service,
ELECTRONIC DELIVERY, or mailing of sueh THE notice. If sueh THE person
fails to answer, any agency, administrative law judge, or hearing officer,
upon motion, may enter a default. For good cause shown, the entry of
default may be set aside within ten days after the date of sueh entry.
(16) (a) Each decision and initial decision shall be served on each
party by personal service; BY ELECTRONIC MEANS, UPON THE DOCUMENTED
REQUEST OR CONSENT OF THE PARTY TO BE SERVED; or by mailing by
first-class mail to the last address furnished TO the agency by sueh THE party
and, except as provided in paragraph (b) ofthis subsection ( 16) SUBSECTION
( 16)(b) OF THIS SECTION, shall be effective as to sueh THE party on the date
mailed, PROVIDED ELECTRONICALLY, or sueh THE later date as is stated in
the decision.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 2-HOUSE BILL 26-1343
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Ju~~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ ~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
PAGE 3-HOUSE BILL 26-1343
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
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