Colorado’s Attorney General convened the formal ADMT rulemaking hearing at 10:00 a.m. MT in Denver today, and the written comment window on the October 6 interim draft closes at 11:59 p.m. MT. After tonight, the record shuts.

What the AG does with that record will decide which small-business AI tools fall inside SB 26-189’s “materially influence” trigger when the statute takes effect January 1, 2027. The compliance date, per Jones Walker, is unaffected by the federal enforcement posture, a point worth repeating because it keeps getting lost in the xAI coverage.

Rule 6, the most consequential piece of the interim draft, creates a rebuttable presumption of material influence whenever an AI output ranks, scores, classifies, or constrains options and the human decision is consistent with that output. Moore & Van Allen reads this as the operative compliance switch. If it survives, lead scoring, applicant ranking, and automated prioritization in employment, lending, insurance, housing, education, healthcare, and essential government services are presumptively covered. “Consumer” expressly includes employees and Colorado-resident job applicants.

The deployer clock is tight. Thirty days for an adverse-outcome disclosure. Fifteen for information requests. Ten to acknowledge a human-review request, 45 to complete it. Three years of records.

Enforcement is the part being misread. The April 27 federal court order in xAI v. Weiser bars AG enforcement only until 14 days after a ruling on xAI’s preliminary injunction, which isn’t due until 28 days after final rules adopt. The Colorado Anti-Discrimination Act, meanwhile, attaches to ADMT-influenced decisions independent of the AG. That’s the exposure a 5-to-30-person deployer actually carries into January.

See the earlier compliance brief and yesterday’s hearing preview for the pre-hearing posture.

Sources

Sources