Colorado § 10-1-109 - Rules of commissioner.

§ 10-1-109. Rules of commissioner.

(1) The commissioner may establish, and from time to time amend, such reasonable rules as are necessary to enable the commissioner to carry out the commissioner's duties under the laws of the state of Colorado.

(2) The commissioner shall adopt rules to ensure that payments to the subsequent injury fund created in section 8-46-101, C.R.S., the workers' compensation cash fund, created in section 8-44-112 (7), C.R.S., the cost containment fund created in section 8-14.5-108, C.R.S., and the major medical insurance fund created in section 8-46-202, C.R.S., from surcharges on premiums paid for policies of workers' compensation insurance that feature deductibles in excess of the limit set forth in section 8-44-111 (1), C.R.S., reflect the value of any reduction in premium achieved through the use of such deductibles. Such rules shall apply only to claims made on policies issued or renewed after the effective date of the rules. In adopting such rules, the commissioner shall determine the most effective method of establishing the value of deductibles in excess of such limits and ensuring that payments reflect such value.

Source: L. 2003: Entire article RC&RE, p. 595, § 1, effective July 1.

Editor's note: This section is similar to former § 10-1-109 as it existed prior to 2002.

Cross references: For the rule-making procedures, see article 4 of title 24.

ANNOTATION

Annotator's note. Since § 10-1-109 is similar to § 10-1-109 as it existed prior to the 2002 repeal of article 1 of title 10, relevant cases construing that provision have been included in the annotations to this section.

Authority to issue proper regulations. The commissioner of insurance and the director of revenue have the authority, individually or jointly, to issue proper regulations to enforce relevant statutes. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

Deference given to construction of statute by administrative official. Construction of a statute by administrative official charged with its enforcement shall be given great deference by the courts. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

However, administrative regulations are not absolute rules. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

Action by administrative official in excess of authority. When an administrative official misconstrues a statute and issues a regulation beyond the scope of a statute, it is in excess of administrative authority granted, and the regulation is invalid. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

Regulation entitled "Colorado Auto Accident Reparations Act (No Fault) Interpretative Guidelines" held invalid. Travelers Indem. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976).

Applied in Augustin v. Barnes, 41 Colo. App. 533, 592 P.2d 9 (1978).