7 Colo. Code Regs. § 1103-18-1

Current through Register Vol. 47, No. 24, December 25, 2024

Rule 7 CCR 1103-18-1 - Statement of Purpose and Authority

1.1 The general purpose of these Posting, Screening, and Transparency Rules ("POST Rules") is to exercise the authority of the Director, through the Division of Labor Standards and Statistics, to administer and enforce the provisions of C.R.S. §§ 8-2-126, 8-2-127, 8-2-130, 8-2-131, and 8-5-201 et seq. (2024). These rules are adopted pursuant to the Division's authority in C.R.S. §§ 8-1-107(2)(p), 8-1-103(3), 8-1-111, 8-2-126, 8-2-127, 8-2-130(5)(e), 8-2-131(5)(f), 8-5-103, and 8-5-203. These rules are intended to be consistent with the rulemaking requirements of the State Administrative Procedure Act, C.R.S. § 24-4-103. Unless otherwise noted, in these Rules: all statutes cited apply the most recent 2023 versions of the Colorado Revised Statutes; all rules cited apply the most recent versions adopted as of the adoption of these Rules.

1.2 These POST Rules replace the Employment Opportunity Act Rules (7 CCR 1103-4), the Social Media and the Workplace Law Rules (7 CCR 1103-5), the Colorado Chance To Compete Act Rules (7 CCR 1103-9), and the Equal Pay Transparency Rules ("EPT Rules") (7 CCR 1103-13).

1.3 The Director of the Division of Labor Standards and Statistics in the Department of Labor and Employment has the authority to enforce, interpret, apply, and administer the statutes cited in Rule 1.1 above and these rules.

1.4 Incorporation by reference. The Employment Opportunity Act, C.R.S. §§ 8-2-126; the Social Media and the Workplace Law, C.R.S. § 8-2-127; the Colorado Chance to Compete Act, C.R.S. § 8-2-130; the Job Application Fairness Act, C.R.S. § 8-2-131; and the Equal Pay for Equal Work Act, C.R.S. § 8-5-101 et seq. (2024) (together referred to as the "POST Acts") are hereby incorporated by reference into this rule. Such incorporation excludes later amendments to or editions of these statutes. These statutes are available for public inspection at the Colorado Department of Labor and Employment, 633 17th Street, Denver CO 80202. Copies may be obtained from the Department of Labor and Employment at a reasonable charge. Pursuant to C.R.S. § 24-4-103 (12.5)(b), the agency shall provide certified copies of them at cost upon request or shall provide the requestor with information on how to obtain a certified copy of the material incorporated by reference from the agency originally issuing the statutes. All Division rules are available to the public at www.coloradolaborlaw.gov. Where these rules have provisions different from or contrary to any incorporated or referenced material, the provisions of these rules govern so long as they are consistent with Colorado statutory and constitutional provisions. Where these rules reference another rule, the reference shall be deemed to include all subparts of the referenced rule.

1.5 Severability. If any part (including any section, sentence, clause, phrase, word, or number) is held invalid, (A) the remainder of the Rule remains valid, and (B) if the provision is held not wholly invalid, but merely in need of narrowing, the provision should be retained in narrowed form.

1.6 Deadlines. Deadlines in these Rules may be extended for good cause. In considering whether good cause exists, the Division will determine whether the reason is substantial and reasonable, and must take into account all available information and circumstances pertaining to the specific Complaint.

7 CCR 1103-18-1

47 CR 11, June 10, 2024, effective 7/1/2024