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Notice of Proposed Rulemaking

Pursuant to the requirements of section 24-4-103, C.R.S., the Secretary of State hereby gives notice of proposed rulemaking. A rulemaking hearing will be held on Thursday, August 12, 2004 at 1:00 p.m. in the Secretary of State's large conference room, Suite 200, 1560 Broadway, Denver, Colorado 80202. All interested persons will be afforded an opportunity to be heard on the subject of additions and amendments to the rules concerning the Electronic Filing Technology Fund Grant Program.

Subject of Proposed Rulemaking

Amendments to the Secretary of State’s “Rules Concerning the Electronic Recording Technology Grant Program, 8 CCR 1505-10, including but not limited to amendments to implement House Bill 04-1413 (effective May 12, 2004) and Senate Bill 04-219 (effective July 1, 2004).

Authority for Proposed Rulemaking

The rulemaking is proposed pursuant to the authority delegated to the Secretary of State in section 30-10-423 (7), C.R.S., which is effective until July 1, 2004 and which requires the Secretary of State to “promulgate rules necessary to establish a grant application process and any other rules necessary to implement provisions of this section” and pursuant to the authority delegated to the Secretary of State in section 30-10-424, C.R.S., which will become effective on July 1, 2004 and which requires the Secretary of State to promulgate rules that establish standards for necessary improvements to the recording and filing systems of county clerk and recorders, standards for electronic filing systems of county clerk and recorders, and a grant application process and such other rules as may be necessary to supervise the clerk and recorder technology panel or to administer the clerk and recorder technology program.

A preliminary draft of the proposed rules has been prepared by the Office of the Secretary of State, and a final copy of the proposed rules to be considered at the rule-making hearing will be completed as soon as possible and in no event later than five days before the rule-making hearing in accordance with section 24-4-103 (4)(a), C.R.S.

Copies of the proposed rules may be obtained from the office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80202, or by calling (303) 894-2200 ext. 6108. An initial copy will be given free of charge. The proposed rules also will be published on the Secretary of State's Internet Website at www.sos.state.co.us.

The hearing will be held in accordance with section 24-4-103, C.R.S. Written and oral data, comments, and arguments will be received from all interested parties. Written submissions must be filed at or before the commencement of the hearing on Thursday, August 12, 2004 at 1:00 p.m. in order to be considered. Oral testimony may be limited, in order to allow the proceedings to go forward with reasonable promptness and efficiency.