DOR Enforcement Division Rulemaking Regarding Prohibited Use of Electronic Benefit Transfer (EBT) Services

House Bill 15-1255 required that the Department of Revenue (DOR) adopt rules pursuant to the “State Administrative Procedure Act”, article 4 of title 24, C.R.S.  The purpose of these rules and regulations is to govern the enforcement of the prohibited use of electronic benefits transfer service cards at automated teller machines located in licensed gaming establishments, in-state simulcast facilities, race tracks, establishments licensed to sell malt, vinous, or spirituous liquors, medical marijuana businesses, and retail marijuana establishments.  Rule 1 CCR 210-4 Enforcement of the Prohibited Use of Electronic Benefits Transfer Cards at Certain Locations (EBT) went into effect as of January 1, 2016.  In November of 2016, the Office Of Legislative Legal Services (OLLS) expressed concern that the EBT Rule did not specify that there would be “increasing penalties for multiple violations” as was required by House Bill 15-1255.  The OLLS directed the DOR to revise the rule to include this requirement. 

The DOR drafted proposed changes to the EBT rule and sent them out to all stakeholders for comment on March 30, 2017.

On May 17, 2017, Notice was filed with the Colorado Secretary of State’s office concerning a rulemaking hearing regarding these proposed changes. 

The Rulemaking Public Comment Hearing: will be held Tuesday, June 20, 2017
Date: Tuesday, June 20, 2017, at 2:00 PM

Location:  Colorado Division of Gaming, 17301 W. Colfax Ave., Suite 135, Golden, Colorado.

All stakeholders are welcome to attend the hearing and will be given an opportunity to testify.  

Proposed Changes to 1 CCR 210-4