Colorado § 8-3-105 - Director to administer - adopt rules and regulations.

§ 8-3-105. Director to administer - adopt rules and regulations.

The director shall enforce and administer the provisions of this article and may adopt reasonable rules and regulations relative to its administration and to the conduct of all elections and hearings pertaining to mass transportation as defined in section 8-3-104 (15). Such rules and regulations shall not be effective until ten days after the date thereof.

Source: L. 43: p. 397, § 3. CSA: C. 97, § 94(3). CRS 53: § 80-5-3. C.R.S. 1963: § 80-4-3. L. 64: p. 148, § 82. L. 65: p. 811, § 2. L. 69: p. 594, § 73. L. 86: Entire section R&RE, p. 470, § 24, effective July 1.

Cross references: For rule-making by state agencies in general, see article 4 of title 24.

ANNOTATION

I. Administration.

II. Rules and Regulations.

I. ADMINISTRATION.

Annotator's note. Cases included in the annotations to this section which refer to the industrial commission were decided prior to the 1969 amendment to this section which placed the duty of enforcing and administrating the "Labor Peace Act" on the director of the division of labor instead of the industrial commission.

The labor peace act confers jurisdiction on the industrial commission only in cases where the number of employees is eight or more. Int'l Bhd. of Teamsters v. Publix Cab Co., 119 Colo. 208, 202 P.2d 154 (1949).

The commission has jurisdiction to enforce the provisions of the labor peace act against a nonprofit school for handicapped children which does not provide medical services of any sort. Indus. Comm'n v. Wallace Vill. for Children, 165 Colo. 10, 437 P.2d 62 (1968).

II. RULES AND REGULATIONS.

Annotator's note. Cases included in the annotations to this section which refer to the industrial commission were decided prior to the enactment of 1986 Senate Bill No. 12 which abolished said commission and transferred rule-making authority under this section to the director of the division of labor.

Rules and regulations adopted by the commission, unless expressly or impliedly authorized by statute, are without force or effect if they add to, change, or modify existing statutes. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244, 331 P.2d 507 (1958).

For the commission's authority to regulate does not include the authority to legislate, but is strictly limited by the law under which it is pursued. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244, 331 P.2d 507 (1958).

Hence, when a statute clearly provides a method for accomplishing a desired result, the commission cannot set up a regulation which is contrary thereto, as its regulations must fit within the framework of the statute itself. Graham Furn. Co. v. Indus. Comm'n, 138 Colo. 244, 331 P.2d 507 (1958).

Regulations protecting right to petition for election to ratify all-union agreement. The director of the division of labor does not have the authority to adopt rules protecting employees' right to petition for an election to ratify an all-union agreement; the authority to promulgate such regulations is with the industrial commission. Ruff v. Kezer, 199 Colo. 182, 606 P.2d 441 (1980).