Colorado AG Releases Revised Proposed Rules for Automated Decision-Making Ahead of Hearing
On October 6, the Colorado Attorney General (AG) released an interim redline of its proposed rules for implementing the state’s Automated Decision-Making Technology Act (SB 26-189) and Chatbot Safety Act (HB 26-1263). This release precedes an October 26 rulemaking hearing, with the goal of having rules adopted before the January 1, 2027, effective dates of these laws. The revised draft introduces a new rule that establishes when a system’s output is presumed to 'Materially Influence' a consequential decision. This presumption applies if a decision-maker reviews an output—such as a score, ranking, recommendation, or threshold—or uses it to screen data, and the output aligns with the final outcome. A deployer can rebut this presumption by demonstrating the output was only a 'De Minimis Factor.' Tools used solely for summarizing, organizing, or presenting information for human review are excluded from the statute's definition of the technology. The draft also clarifies that deployers remain responsible even w...
