Colorado § 28-5-703 - Rules - duties.

§ 28-5-703. Rules - duties.

(1) (a) The board shall propose for adoption by the adjutant general such rules and regulations, not in conflict with this article or other laws, as it may deem necessary to govern the programs administered pursuant to this article.

(b) Any rules adopted by the board of human services in accordance with the requirements of the "State Administrative Procedure Act", article 4 of title 24, C.R.S., relating to county veterans service offices and veterans affairs other than the veterans community living centers shall be enforceable and shall be valid until amended or repealed by the adjutant general.

(2) The division shall be responsible for the proper administration of this article. The board shall study periodically the problems of veterans and based on such studies shall propose such program or statutory changes as it may deem advisable or necessary for veterans' assistance by the state of Colorado or political subdivisions thereof. The board shall make a continuing study of any program put into effect. The board shall perform such other duties as may be assigned to it by law and shall advise and assist the governor, any department in the executive branch, and the general assembly or any committee thereof in regard to veterans' matters.

(3) Notwithstanding section 24-1-136 (11)(a)(I), on or before December 31, 2002, and on or before December 31 each year thereafter, the board, with the assistance of the division, shall report on the status of all programs providing services to the state's veterans, including but not limited to any recommendations for changes to policies, procedures, or law, to:

(a) The governor;

(b) The state, veterans, and military affairs committee of the house of representatives; and

(c) The state, veterans, and military affairs committee of the senate.

(4) The board shall serve in an advisory capacity to:

(a) The state board of human services and the department of human services regarding the operations and maintenance of veterans community living centers operated pursuant to article 12 of title 26, C.R.S.;

(b) The division of employment and training in the department of labor and employment regarding the provision of services to state veterans pursuant to the "Colorado Career Advancement Act", part 2 of article 83 of title 8;

(c) The department of revenue regarding the issuance of special license plates to veterans and active or retired military personnel; and

(d) Any department, division, board, or other entity that provides services specifically to state veterans, and any executive director, director, board, or other entity that has rule-making authority pursuant to state law regarding proposed rules that are directed specifically to veterans.

(5) The board shall determine whether a person is a discharged LGBT veteran pursuant to section 28-5-103.

Source: L. 2002: Entire part added with relocations, p. 346, § 3, effective July 1. L. 2003: (3)(c) amended, p. 2012, § 105, effective May 22. L. 2012: (4)(b) amended, (HB 12-1120), ch. 27, p. 110, § 28, effective June 1. L. 2013: (4)(a) amended, (HB 13-1300), ch. 316, p. 1692, § 88, effective August 7. L. 2014: (1)(b) and (4)(a) amended, (SB 14-096), ch. 59, p. 274, § 31, effective August 6. L. 2017: IP(3) amended, (HB 17-1255), ch. 248, p. 1045, § 1, effective August 9. L. 2018: (4)(b) amended, (HB 18-1375), ch. 274, p. 1715, § 66, effective May 29. L. 2021: (5) added, (SB 21-026), ch. 42, p. 174, § 4, effective November 11.

Editor's note: (1) This section is similar to former § 26-10-104 as it existed prior to 2002.

(2) The effective date for amendments to subsection (4)(b) by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)

Cross references: For the short title ("Restoration of Honor Act") in SB 21-026, see section 1 of chapter 42, Session Laws of Colorado 2021.