1 CCR 101-1 - STATE FISCAL RULES

  1. 1 CCR 101-1-1 - ACCOUNTING AND INTERNAL CONTROLS (§ 1 CCR 101-1-1-1 to 1 CCR 101-1-1-4)
  2. 1 CCR 101-1-2 - DISBURSEMENT (§ 1 CCR 101-1-2-1 to 1 CCR 101-1-2-7)
  3. 1 CCR 101-1-3 - COMMITMENT VOUCHERS (§ 1 CCR 101-1-3-1)
  4. 1 CCR 101-1-4 - CONSTRUCTION (§ 1 CCR 101-1-4-1 to 1 CCR 101-1-4-3)
  5. 1 CCR 101-1-5 - TRAVEL (§ 1 CCR 101-1-5-1)
  6. 1 CCR 101-1-6 - CASH (§ 1 CCR 101-1-6-1 to 1 CCR 101-1-6-6)
  7. 1 CCR 101-1-7 - BUDGET (§ 1 CCR 101-1-7-1 to 1 CCR 101-1-7-4)
  8. 1 CCR 101-1-8 - REPORTING (§ 1 CCR 101-1-8-1 to 1 CCR 101-1-8-2)
  9. 1 CCR 101-1-9 - PAYROLL (§ 1 CCR 101-1-9-1 to 1 CCR 101-1-9-6)

Current through Register Vol. 44, No. 18, September 25, 2021

STATE OF COLORADO FISCAL RULES

PURPOSE

The purpose of these Fiscal Rules is to implement statutory provisions, set forth principles concerning internal controls, accounting policies, and financial reporting for the State of Colorado, and assist the State Controller in managing the finances and financial affairs of the State.

STATUTORY AUTHORITY

Colorado Revised Statutes created the Office of the State Controller. Title 24, Article 30, Part 2, C.R.S., lists the powers and duties of the State Controller and is incorporated as a reference into each of these Fiscal Rules. § 24-30-202(13), C.R.S., provides the authority of the State Controller to issue binding Fiscal Rules and is specifically incorporated into each of these State Fiscal Rules as statutory authority.

DEFINITIONS

In addition to any definitions contained in each Rule, the following general definitions shall apply to and are incorporated into each of these Fiscal Rules:

Agreement - A legal agreement between a State Agency or Institution of Higher Education and another individual or entity that may or may not constitute a State Contract, as defined in Fiscal Rule 3-3.

Chief Executive Officer - An executive director, commissioner, president, and/or any individual delegated to act on behalf of any of the foregoing.

Chief Fiscal Officer - The top financial position in the State Agency or Institution of Higher Education.

Commitment Voucher - A document, the form of which has been approved by the State Controller, which includes a Purchase Order, as defined in Fiscal Rule 3-2, State Contract, as defined in Fiscal Rule 3-3, travel authorization, Advice of Employment, as defined in Fiscal Rule 3-1, Grant, as defined in Fiscal Rule 3-4, license agreement, parking license agreement, Small Purchase Documentation, as defined in Fiscal Rule 3-1, and other written authorizations for disbursement of funds approved by the State Controller. Commercial Cards, as defined in Fiscal Rule 2-7, are not Commitment Vouchers but are instead a method of payment.

CORA - The Colorado Open Records Act, § 24-72-200.1, et seq., C.R.S.

Elective Officers - The Governor, Lieutenant Governor, Attorney General, Secretary of State, and Treasurer of the State of Colorado.

Institution of Higher Education- A college or university in Colorado State government created by law, executive order, or any other authority that has not elected to be exempt from these Fiscal Rules under § 24-30-202(13)(b), C.R.S.

Procurement Code - Section 24-101-101, et seq., C.R.S.

Procurement Rules- Rules promulgated under the Procurement Code, set forth in 1 CCR 101-9.

State - The State of Colorado.

State Agency - A department, division, section, unit, commission, board, bureau, or institution in Colorado State government created by law, executive order, or any other authority, but does not include an Institution of Higher Education, or a college or university that has elected to be exempt from these Fiscal Rules under § 24-30-202(13)(b), C.R.S.

State Financial System - The official financial system for the State of Colorado, as now or hereafter prescribed by the State Controller. The current State Financial System is composed of the Colorado Operations Resource Engine (CORE), including the various systems and sub-systems that now or may hereafter interface to CORE such as human resource and payroll systems.

APPLICABILITY

These Fiscal Rules are applicable to all State Agencies and Institutions of Higher Education, to all employees of the State in the applicable State Agencies and Institutions of Higher Education, and to all funds in the executive branch of State government, except as provided in the following paragraph.

Pursuant to § 24-2-102(4) C.R.S., an Elective Officer and each Elective Officer's second-in-command, such as a deputy or chief of staff, may elect to exempt any solicitation or Commitment Voucher from either or both of § 24-30-202 C.R.S., including the Fiscal Rules, and the Procurement Code and the Procurement Rules, on a case-by-case basis. The Elective Officer, or second-in-command, shall authorize the use of the exemption, which shall be documented prior to issuing the solicitation, for exemptions from the Procurement Code, or upon executing the Commitment Voucher, for exemptions from § 24-30-202, C.R.S. The departments headed by Elective Officers are otherwise subject to § 24-30-202 C.R.S., including these Fiscal Rules, and the Procurement Code and the Procurement Rules, unless the Elective Officer chooses to exempt all solicitations and Commitment Vouchers by expressly documenting the Elective Officer's intent.

VIOLATIONS

If a State Agency or Institution of Higher Education materially violates any of these Fiscal Rules, that State Agency or Institution of Higher Education shall seek ratification of that violation from the Office of the State Controller. Repeated, willful, or unratified material violations of these Fiscal Rules, or a knowing failure to seek ratification of a material violation of these Fiscal Rules, may result in any of the following: removal of or limitation on delegated authority; disciplinary action, up to and including termination, at the discretion of the appointing authority of the individual who violated the Fiscal Rules; or any other remedies as provided by law or elsewhere in these Fiscal Rules.

RESPONSIBILITY

It is the responsibility of the Chief Executive Officer of each State Agency or Institution of Higher Education to ensure compliance with these Fiscal Rules.

ADMINISTRATIVE HARDSHIP

A State Agency or Institution of Higher Education may submit a written request to the State Controller, with notification to the State Agency or Institution of Higher Education's Chief Fiscal Officer, for exemption if any of these Fiscal Rules or the related State Controller policies create undue administrative or financial hardship. The State Controller, in that individual's sole discretion, may approve or deny such request and may waive the requirements of any such Fiscal Rules and State Controller Policies that create the undue administrative or financial hardship.

STATE CONTROLLER POLICIES

The State Controller may issue policies under these Fiscal Rules to provide specific requirements, direction, guidance, and clarification in relation to complying with the requirements of these Fiscal Rules. All such policies shall be deemed to include all applicable definitions from these Fiscal Rules.

DEPARTMENTAL POLICIES

A State Agency or Institution of Higher Education may implement internal policies r that may be more restrictive than these Fiscal Rules or the State Controller Policies. If a State Agency or Institution of Higher Education develops such policies, then employees at that State Agency or Institution of Higher Education shall comply with those policies in addition to complying with these Fiscal Rules.

SUBSTANCE OVER FORM

When reviewing any action for compliance with these Fiscal Rules, the individual reviewing the action shall review the substance of the action and not just the legal form of that action. These Fiscal Rules apply to the true intent of the transaction as well as its form.

Notes

1 CCR 101-1
Chapter 5 eff. 09/30/2007.
Rules 2-2, 3-1 eff. 01/01/2009.
Rule 5-1 eff. 08/01/2009.
41 CR 19, October 10, 2018, effective 11/1/2018

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