U.S. Federal and State Cases, Codes, and Articles
Select a tab to search United States Cases, Codes, or Articles
U.S. Federal and State Cases, Codes, and Articles
Select a tab to search United States Cases, Codes, or Articles
Search for cases
Indicates required field
Search by keyword or citation
Indicates required field
Search blogs, article pages, and cases and codes
Indicates required field
Current as of January 01, 2022 | Updated by FindLaw Staff
(1) For purposes of this section, unless the context otherwise requires, “permit” means a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. “Permit” does not include a professional license issued by a licensing board or an agency to conduct a profession or occupation. “Permit” does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. “Permit” does not include a water well permit issued by the state engineer pursuant to title 37, C.R.S.
(2)(a) The rules and any written statements of agency interpretation of the statutes of an agency that are in effect on the date that a person applies for issuance or renewal of a permit govern the application process and any permit eligibility requirement. If the rules or any written statements of agency interpretation of the statutes governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency shall process the application under the rules and any written statements of agency interpretation of the statutes in effect on the date of the application, unless the agency determines in writing that:
(I)(A) The new rules materially affect the health and safety of the public; and
(B) Use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with the new rules; or
(II) New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or
(III) New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or
(IV) New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order.
(b) If the agency determines that one of the exceptions to the requirements of paragraph (a) of this subsection (2) will occur if the applicant does not comply with the new rules or new requirements, the agency shall:
(I) Treat the application as pending;
(II) Provide a written notice to the applicant stating the reasons the application is incomplete; and
(III) Give the applicant a reasonable opportunity to comply with the new rules or new requirements.
(3) If an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 24. Government State § 24-4-104.5. Permits--rules in effect at time of submission of application for a permit control - last updated January 01, 2022 | https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-4-104-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Response sent, thank you
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)