Pursuant to the provisions of the Colorado Charitable Solicitations Act, specifically C.R.S. 6-16-110.5 (3) and 5-16-111 (6) (b), I, Donetta Davidson, Secretary of State and charitable solicitations filing authority, do hereby adopt and give NOTICE of the adoption this 9th day of July 2002 of Rules 1 and 2 of the Rules for the Administration of the Colorado Charitable Solicitations Act.

Donetta Davidson
Secretary of State

By: William A. Hobbs
Deputy Secretary of State

Rules for the Administration of the Colorado Charitable Solicitations Act

Rule 1 - Electronic Filing

(1) All filings with the Office of the Secretary of State that are required or permitted by title 6, article 16, C.R.S., the "Colorado Charitable Solicitations Act," shall be made electronically, through the use of the Secretary of State's Internet charitable solicitation registration and reporting system, and shall be in the format prescribed by the Secretary of State. No such filing attempted on paper shall be deemed valid, nor shall any paper filing tendered in connection with the above cited Act be accepted by the Secretary of State.

(2) The Secretary of State shall issue a unique user identification number and password to any charitable organization, paid solicitor, or professional fundraising consultant who requests to file pursuant to title 6, article 16, C.R.S., provided that such requester first furnishes any information, agreement or affirmation that the Secretary of State requires in order to establish and maintain an accurate, accessible, and secure electronic charitable solicitations filing and information system. Submission of a filing with the identification number and password described in this Rule 1 shall constitute the filer's official signature, in accord with C.R.S. 24-71.1-106, affixed under penalty of perjury, as provided by law.

Rule 2 - Expedited Hearing Deadlines

(1) Upon receipt of a request for hearing pursuant to C.R.S. 6-16-111 (6) (b), the Secretary of State shall set and give notice of the requested hearing. Such notice shall be served within five business days of the Secretary of State's receipt of the hearing request, and shall set the hearing on a date no sooner than ten and no later than twenty calendar days after the date of service of the notice. For the purposes of this Rule 2, any notice by mail shall be deemed served on the date of its postmark.

(2) Proceedings conducted pursuant to C.R.S. 6-15-111 (6) and this Rule 2 may, in the discretion of the Secretary of State, be continued for good cause shown by any party to such proceedings. Any continuance shall be as brief as practicable, and no continuance shall be for a period longer than ten days.

(3) The Secretary of State shall conclude all expedited hearings with reasonable dispatch, and shall take final agency action, including, but without limitation, issuance of all such administrative findings, decisions, and orders as the Secretary considers appropriate, within twenty calendar days from the date on which any such expedited proceeding is concluded.

Statement of Basis, Purpose, and Statutory Authority

Office of the Secretary of State

Rules for the Administration of the Colorado Charitable Solicitations Act

Pursuant to C.R.S. 24-4-103

Basis and Purpose

These rules are based on:

1) The rule-related requirements of the amendments to title 6, article 16 that took effect on May 9, 2002;
2) Information obtained from charitable organizations, professional fundraisers, fundraising counsel, and the Secretary of State's Charitable Solicitations Advisory Board; and
3) The experience of the Office of the Secretary of State in the areas of electronic filing functions, agency hearing procedures, and administration, since its inception, of the Charitable Solicitations Act.

It is the purpose of Rule 1 of these rules to provide specific guidelines for online filings, and the electronic signatures thereto, as such filings are made pursuant to the requirements of the Colorado Charitable Solicitations Act. It is the purpose of Rule 2 to set deadlines for the expedited hearings described in the Act at C.R.S. 6-15-111 (6).

Specific Statutory Authority

These rules are promulgated in accord with the Colorado Administrative Procedures Act, C.R.S. 24-4-103, "Rule-making procedure," and pursuant to the specific rule-making authority granted to the Secretary of State by the Colorado Charitable Solicitations Act at C.R.S. 6-16-110.5 (3) and 6-16-111 (6) (b).