5 Colo. Code Regs. § 1002-61.7
Current through Register Vol. 47, No. 10, May 30, 2024
Section 5 CCR 1002-61.7 - PERMIT ADJUDICATORY HEARINGS(a) The applicant or any other person, affected or aggrieved by the Division's final determination, may demand an adjudicatory hearing within thirty (30) days of the issuance of the final permit determination.(b) Such hearing shall be conducted pursuant to the requirements of sections 24-4-105 and 25-8-401, et seq, C.R.S.(c) Only issues of law or fact identified by the applicant or other person during the public comment period (including any public hearing) or not reasonably ascertainable from the draft permit may be identified at the adjudicatory hearing. The request for hearing must include a demonstration that each issue being identified in the request for hearing was identified during the public comment period (including any public hearing). For each issue identified that was not identified previously, the request for hearing must include an explanation as to why such issues were not reasonably ascertainable during the public comment period. The permit will become effective in its entirety thirty (30) days after issuance, or on such later date as specified by the Division, unless a stay is granted in accordance with section 25-8-404(3) and (4) or section 25-8-406 of the Colorado Water Quality Control Act or the provisions of the State Administrative Procedures Act, whichever is applicable.(d) The person requesting the adjudicatory hearing shall have the burden of proof in all hearings held pursuant to this section, except that the Division shall have the burden of proof under the following circumstances: (i) Where the Division initiated the permit revocation or modification; and(ii) Where the Division denies renewal of a permit or changes the terms of a renewed permit and that denial or change is not based either upon significant changes in the facts relevant to water quality considerations or upon changes in the applicable statutes or regulations.(e) The Colorado Water Quality Control Act, the Procedural Rules for all proceedings before the Water Quality Control Commission and the Water Quality Control Division and the State Administrative Procedures Act shall be applicable to all hearings held pursuant to this section.61.7(1)ADMINISTRATIVE STAYS - RENEWAL PERMITS(a) Any applicant for a renewal permit may appeal the action of the Division on such application in accordance with section 24-4-105, C.R.S. The resultant hearing shall be presided over by a hearing officer. Upon such an appeal and within 30 days of issuance of the final permit, the applicant may also request that the Division stay the contested terms and conditions of the renewal permit. Said permit becomes effective in its entirety unless a stay is granted by the Division pursuant to section 25-8-406 C.R.S. The Division may stay any contested terms and conditions for good cause shown.(b) Request for an administrative stay of the terms or conditions of a renewal permit must be submitted in writing to the Division along with the request for an appeal within thirty (30) days of issuance of the final permit.(c) The Division shall make a determination on a request for an administrative stay of permit terms and/or conditions within ten (10) days of receipt thereof, and shall grant the request if it reasonably appears that serious harm would otherwise result and either(i) refusal would not provide corresponding public benefit; or(ii) the alleged violation or activity to which the order or determination applies will not continue, or if it does continue, any harmful effects on state waters will be alleviated promptly after cessation of the violation or activity.(d) The Division shall notify the applicant in writing of the decision to grant or deny the request In the event of denial, the Division shall cite the reasons in the notification letter.(e) Any stay granted under this subsection shall expire when a final determination is made after the conclusion of the hearing held pursuant to section 24-4-105, C.R.S. During the period of any such stay, the corresponding terms and conditions of the prior permit shall remain in effect and are enforceable.(f) Any decision to grant or deny a request for an administrative stay of a permit shall be subject to the provisions of section 25-8-502, C.R.S., and shall be final action subject to de novo determination pursuant to section 25-8-404, C.R.S.38 CR 01, January 10, 2015, effective 1/30/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 17, September 10, 2016, effective 12/31/201639 CR 21, November 10, 2016, effective 12/31/201640 CR 07, April 10, 2017, effective 4/30/201741 CR 23, December 10, 2018, effective 12/30/201843 CR 10, May 25, 2020, effective 6/14/2020