Colorado § 25.5-6-313 - Rules - federal authorization.

§ 25.5-6-313. Rules - federal authorization.

(1) Pursuant to article 4 of title 24, C.R.S., the state board shall adopt rules for the administration of this part 3.

(1.5) The rules adopted by the state board pursuant to subsection (1) of this section shall include the following provisions concerning adult day care facilities:

(a) A definition of a restricted environment and a restrictive egress alert device;

(b) Parameters governing how the restrictive egress alert device shall be used and tested and the staff roles regarding the use and oversight of the device; and

(c) Parameters governing a restricted environment, including but not limited to staffing and training requirements; appropriateness of placement; assessment; participant's rights; records and reporting requirements; building requirements including grounds and fire safety; restrictive egress alert systems and devices; fencing or other enclosures; and the application process to offer a restricted environment.

(2) The state department is authorized to seek any necessary federal authorization to implement the provisions of this part 3.

Source: L. 2006: Entire article added with relocations, p. 1942, § 7, effective July 1. L. 2010: (1.5) added, (HB 10-1053), ch. 276, p. 1267, § 4, effective May 26.

Editor's note: This section is similar to former § 26-4-612 as it existed prior to 2006.

Cross references: For the legislative declaration in the 2010 act adding subsection (1.5), see section 1 of chapter 1267, Session Laws of Colorado 2010.

ANNOTATION

Annotator's note. Since § 25.5-6-313 is similar to § 26-4-612 as it existed prior to the 2006 amendments relocating article 4 of title 26 to title 25.5 and § 26-4-612 is similar to § 26-4.5-115 as it existed prior to the 1991 repeal of article 4.5 of title 26, a relevant case construing that provision has been included in the annotations to this section.

In the absence of a waiver of any defect in the form of the notice, a notice of adverse action that does not substantially comply with the federal and state requirements cannot provide the basis for a deprivation of benefits. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).

Reliance on the numerical point system formulated by the Department of Social Services as the sole criterion upon which to determine petitioner's continuing eligibility for benefits was in error when the system had never been made the subject of a formally adopted rule or regulation nor had claimant been given proper notice of its preeminent significance in determining benefit eligibility. Weaver v. Dept. of Soc. Servs., 791 P.2d 1230 (Colo. App. 1990).