HB 12-1002: Creating Level Expectations for Application Review Act (CLEAR Act)

• Establishes that agencies must process permit applications under the rules and written interpretations in effect on the date the application is submitted, not rules adopted later.

• Permits are defined as grants of authority by an agency to perform an act not forbidden by law, excluding professional licenses, professional registrations or certifications, and water well permits.

• Agencies may apply new rules to pending applications only if they determine in writing that: new rules affect public health and safety, ensure federal law compliance, prevent state statute conflicts, or comply with court orders.

• When applying new rules is necessary, agencies must treat the application as pending, provide written notice explaining the incomplete status, and give applicants reasonable opportunity to comply with new requirements.

• Applicants have the option to choose between processing their application under the original rules or new rules if the agency adopts or amends rules after the application is filed but while still pending.