Colorado § 8-47-107 - Adoption of rules.

§ 8-47-107. Adoption of rules.

The director has the power to adopt reasonable and proper rules relative to the administration of articles 40 to 47 of this title and proper rules to govern proceedings and hearings of the division, and the director has the discretion to amend the rules from time to time. No such rule shall limit the jurisdiction of an administrative law judge in the office of administrative courts to hear and decide all matters arising under articles 40 to 47 of this title; except that in any matter where the director has issued an order to enforce a provision of the "Workers' Compensation Act of Colorado", an administrative law judge in the office of administrative courts shall not hear and decide the same matter while it is pending before the director. The rules shall be promulgated in accordance with section 24-4-103, C.R.S.

Source: L. 90: Entire article R&RE, p. 553, § 1, effective July 1. L. 94: Entire section amended, p. 1880, § 17, effective June 1. L. 2005: Entire section amended, p. 857, § 18, effective June 1. L. 2009: Entire section amended, (SB 09-070), ch. 49, p. 177, § 5, effective August 5.

Editor's note: This section is similar to former § 8-46-108 as it existed prior to 1990.

ANNOTATION

Annotator's note. (1) Since § 8-47-107 is similar to § 8-46-108 as it existed prior to the 1990 repeal and reenactment of the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.

(2) 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 its powers, duties, and functions under this section to the director of the division of labor.

A rule of the industrial commission, not pleaded, and which does not appear in the record, should not be considered by the court in an action to set aside an award of the commission. Indus. Comm'n v. Roper, 91 Colo. 125, 12 P.2d 349 (1932).

Commission has power to enforce its own rules and regulations by the imposition of appropriate sanctions. Saxton v. Indus. Comm'n, 41 Colo. App. 309, 584 P.2d 638 (1978).

The director of the division of labor is granted broad discretionary power to promulgate rules and regulations under the Colorado Workers' Compensation Act. Hargett v. Dir., Div. of Labor, 854 P.2d 1316 (Colo. App. 1992).

Agency's construction of own rule remains undisturbed upon review absent plain error. An administrative agency's construction of its own rule is generally entitled to great weight; consequently, such construction will not be disturbed upon review unless it is plainly erroneous or inconsistent with such rule or the underlying statute. Timberline Sawmill & Lumber, Inc. v. Indus. Comm'n, 624 P.2d 367 (Colo. App. 1981).

Applied in Martinez v. Indus. Comm'n, 632 P.2d 1044 (Colo. App. 1981).