Sunset Reviews

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The Colorado General Assembly sets specific dates that a particular agency, board, or function of government will terminate unless the legislature passes new legislation to continue. So, the “sun sets” on that part of government if it is not reauthorized. In fact, the term "sunset legislation" was originally coined in Colorado in the 1970s as a response to problems with regulatory boards, regulatory efficiencies, and government transparency. Many states now have sunset provisions, and the specific provisions may differ among states. In Colorado, a sunset review will generally question the need for regulation to protect the public. If regulation is determined to be needed, the sunset review will look for the least restrictive level of regulation consistent with the public interest.

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Who Conducts a Sunset Review?

COPRRR is charged by statute to conduct a sunset review of the entity or function and produce a report of its findings and recommendations prior to the agencies' sunset. Reviews are conducted according to statutory review schedule and according to statutory criteria.

Review Schedule

Providing Input on a Sunset Review

The review process involves soliciting and receiving input from interested parties and stakeholders. Anyone can contact COPRRR to provide input on a review. There is no need to wait to be contacted.

Provide Input

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Preparing for a Sunset Review

A recording of a webinar conducted in August 2019 providing an overview of the sunset process and identifying tasks to make participation in the sunset review more impactful.

View Webinar

Publication of Sunset Review Reports

The annual sunset review process culminates in the release of a report and supporting materials to the Office of Legislative Legal Services each year by October 15.

Find a Review

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Sunset Review Statutory Criteria

Sunset reviews are based on the following statutory criteria:

(I) Whether regulation by the agency is necessary to protect the public health, safety, and welfare; whether the conditions that led to the initial regulation have changed; and whether other conditions have arisen that would warrant more, less, or the same degree of regulation;

(II) If regulation is necessary, whether the existing statutes and regulations establish the least restrictive form of regulation consistent with the public interest, considering other available regulatory mechanisms, and whether agency rules enhance the public interest and are within the scope of legislative intent;

(III) Whether the agency operates in the public interest and whether its operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;

(IV) Whether an analysis of agency operations indicates that the agency performs its statutory duties efficiently and effectively;

(V) Whether the composition of the agency's board or commission adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;

(VI) The economic impact of regulation and, if national economic information is not available, whether the agency stimulates or restricts competition;

(VII) Whether complaint, investigation, and disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession;

(VIII) Whether the scope of practice of the regulated occupation contributes to the optimum use of personnel and whether entry requirements encourage affirmative action;

(IX) Whether the agency through its licensing or certification process imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses or certifications that the agency denied based on the applicant’s criminal history, the number of conditional licenses or certifications issued based upon the applicant’s criminal history, and the number of licenses or certifications revoked or suspended based on an individual’s criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.

(X) Whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest.

For sunset reviews commencing on or after October 16, 2022, the following sunset criteria will be used:

(I) Whether regulation or program administration by the agency is necessary to protect the public health, safety, and welfare;

(II) Whether the conditions that led to the initial creation of the program have changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;

(III) If the program is necessary, whether the existing rules and regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;

(IV) If the program is necessary, whether agency rules enhance the public interest and are within the scope of legislative intent;

(V) Whether the agency operates in the public interest and whether its operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;

(VI) Whether an analysis of agency operations indicates that the agency or the agency’s board or commission performs its statutory duties efficiently and effectively;

(VII) Whether the composition of the agency's board or commission adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;

(VIII) Whether regulatory oversight can be achieved through a director model;

(IX) The economic impact of the program and, if national economic information is not available, whether the agency stimulates or restricts competition;

(X) If reviewing a regulatory program, whether complaint, investigation, and disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;

(XI) If reviewing a regulatory program, whether the scope of practice of the regulated occupation contributes to the optimum use of personnel;

(XII) Whether entry requirements encourage equity, diversity, and inclusivity;

(XIII) If reviewing a regulatory program, whether the agency through its licensing or certification process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses or certifications that the agency denied based on the applicant’s criminal history, the number of conditional licenses or certifications issued based upon the applicant’s criminal history, and the number of licenses or certifications revoked or suspended based on an individual’s criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.

(XIV) Whether administrative and statutory changes are necessary to improve agency operations to enhance the public interest.

See the statute at section 24-34-104, C.R.S.

Go to Sunrise Reviews.

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Review Schedule

Participate in the Process

See Reviews in Progress

Sunset Reviews

Sunset Reviews

Who Conducts a Sunset Review?

Providing Input on a Sunset Review

Preparing for a Sunset Review

Publication of Sunset Review Reports

Sunset Review Statutory Criteria

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