8 CCR 1501-11.4 - [Effective 6/30/2025] Definitions

Accessible or accessibility: has the same meaning as defined in section 24-85-102 (1.5), C.R.S., or as superseded by a future statute, which is perceivable, operable, and understandable digital content that reasonably enables an individual with a disability to access the same information, engage in the same interactions, and enjoy the same services offered to other individuals, with the same privacy, independence, and ease of use as exists for individuals without a disability.

Accessibility standards for individuals with a disability: as used in section 24-34-802(1)(c), C.R.S. means these rules, 8 CCR 1501-11 Rules Establishing Technology Accessibility Standards.

Active use: For public-facing ICT, active use means ICT that is currently used by members of the public as a primary means to apply for, gain access to, or participate in a public entity's services, programs, or activities. For internal-facing ICT, active use means ICT currently used by employees to perform their job duties. ICT in active use includes the authorized, official version or versions. ICT in active use does not include previous versions that may still be available, archived content, archivist materials, working products, deliberative materials, or drafts.

Applicable and achievable: In the context of technical specifications, standards, or outcomes, applicable and achievable means all technical specifications, standards, or outcomes which are assessable and/or whose elements, artifacts, or functionality are present in an ICT asset.

Archived content: ICT that is:

(1) retained exclusively for reference, research, or recordkeeping;

(2) not altered or updated after the date of archiving; and

(3) is organized, stored, or marked in a manner that clearly identifies the ICT as being archived.

Archivist materials: Historical or legacy digital content that:

(1) is preserved or retained solely for its cultural, educational, or historic value and is not required for the operation of or access to any governmental entity's services, programs, or activities and

(2) either (i) was converted to a digital format before July 1, 2024; (ii) is a reproduction of a physical record, such as a photograph, manuscript, or other non-digital artifact, that has been digitized but is not intended for interactive use; or (iii) has been transferred to the Colorado State Archives by a governmental entity or office in the State of Colorado or otherwise designated for permanent retention by the State Archivist.

Closed functionality: Characteristics that limit functionality or prevent a user from attaching or installing assistive technology. Examples of ICT with closed functionality are self-service machines, information kiosks, set-top boxes, fax machines, calculators, interactive whiteboards, ebook readers, and computers that are locked down so that users may not adjust settings due to a policy such as Desktop Core Configuration.

Conforming alternate version: An accessible version of content or functionality provided in a different format as set forth in section 11.8.

Conventional electronic documents: ICT that is a static, digital file created, stored, or accessed using computer systems and designed for offline use. Examples of conventional electronic document file types and categories include: portable document format (PDF), word processor file formats (DOC/DOCX, RTF, WPD), presentation file formats (PPT/PPTX), spreadsheet file formats (XLS/XLSX, CXV, ODS), computer-aided design files (CWG, DXF), geospatial files (KML/KMZ, SHP), and databases (MDB, SQL).

Digital Content: Any ICT created, shared, or accessed through digital platforms, including electronic documents, websites, mobile applications, and online services. Digital Content does not include ICT with closed functionality or hardware.

Direct threat: a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services.

Fundamental alteration: a change in the essential nature of the public entity's program, service, or activity.

Hardware: a tangible device, piece of equipment, or physical component of ICT, such as telephones, computers, multifunction copy machines, and keyboards.

Information and communication technology (ICT): Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to: computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; web sites; videos; and, electronic documents. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. However, if the embedded information technology has an externally available web or computer interface, that interface is considered ICT. For example, Heating, Ventilation, and Air Conditioning (HVAC) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation are not considered information technology.

Internal-facing ICT: ICT that is necessary to allow an employee of a public entity to perform their job duties for the public entity.

Public entity: has the same meaning as defined in section 24-34-301(18), C.R.S., or as superseded by a future statute, which is:

(a) Any state or local government; or

(b) Any department, agency, special district, or other instrumentality of a state or local government.

Public-facing ICT: ICT that is necessary to allow a person to apply for, gain access to, or participate in the public entity's programs, services, and activities.

Reasonable accommodation: as it pertains to internal-facing ICT, reasonable accommodation is a change or adjustment to a job or work environment that will enable a qualified individual with a disability to access internal-facing ICT.

Reasonable modification: as it pertains to public-facing ICT, reasonable modification is a change in policies, practices, or procedures that is necessary to enable an individual with a disability to access public-facing ICT in order to access the public entity's programs, services, and activities.

Section 508, Section 508 of the Rehabilitation Act: Unless a specific citation is provided, Section 508 refers to the ICT Standards and Guidelines (also known as "Standards and Guidelines"), under Section 508 of the Rehabilitation Act and Section 255 of the Communications Act, as issued on Jan. 18, 2017 and corrected on Jan. 22, 2018 by the U.S. Access Board and not including any later amendments or versions.

Single digital product: as used in section 24-34-802(2)(b), C.R.S. means ICT that share a common purpose, intended to support a single program or service, created by the same author, group, or organization, including:

A. Electronic communications

B. Digital documents like PDFs and graphics

C. Mobile applications

D. Desktop applications

E. Websites

F. Digital kiosks

G. Input devices

H. Digital video files

I. Audio recordings

Technical standards: as used in these rules, technical standards refers to the following:

A. For Digital Content, the applicable and achievable success criteria of the W3C WCAG 2.1 conformance levels A and AA, as published on Sep. 21, 2023, not including any later amendments or versions, hereby incorporated by reference and available from the Office of Information Technology during regular business hours or from the World Wide Web Consortium. Criteria or standards should be read, interpreted, and applied substituting references for "web" or "web content" with "software", "application", "document", or other appropriate term.

B. For ICT with closed functionality, such products must interoperate with assistive technology, provide documentation on accessibility features, and provide user control over accessibility features; and conform with all applicable and achievable success criteria of the W3C WCAG 2.1 conformance levels A and AA, as published on Sep. 21, 2023, not including any later amendments or versions, hereby incorporated by reference and available from the Office of Information Technology during regular business hours or from the World Wide Web Consortium.

C. For hardware, all applicable and achievable requirements of the standards contained in Chapter 4 of the Information and Communication Technology (ICT) Standards and Guidelines under Section 508, including Standards 402, 404, 407, 408, 409, 410, and 411, as corrected on Jan. 22, 2018, not including any later amendments or versions, hereby incorporated by reference and available from the Office of Information Technology during regular business hours or from the U.S. Access Board.

Undue burden: as it pertains to public-facing ICT, refers to the standard as construed by C.R.S. § 24-34-601, et seq., C.R.S. § 24-34-802, Title II of the Americans with Disabilities Act, and Section 508 of the Rehabilitation Act, and the related conforming and implementing regulations.

Undue hardship: as it pertains to internal-facing ICT, refers to the standard as construed by C.R.S. § 24-34-401, et seq. and Title I of the Americans with Disabilities Act and the related conforming and implementing regulations.

Web Content Accessibility Guidelines (WCAG): a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally, as published by the World Wide Web Consortium (W3C). (https://www.w3.org/WAI/standards-guidelines/wcag)

Notes

8 CCR 1501-11.4

47 CR 06, March 25, 2024, effective 4/14/2024 48 CR 11, June 10, 2025, effective 6/30/2025