6 Colo. Code Regs. § 1007-1-18.7
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-18.7 - License Hearings18.7.1 There shall be an opportunity for public hearings to be held in accordance with the procedures in Sections 24-4-104 and 24-4-105, CRS., and 18.7, prior to the granting, denial or renewal of a specific license permitting the receipt, possession or use of source material for milling or byproduct material as defined in this part, provided, however, in the event of a conflict between the provisions of 18.7 and the hearing provisions of any applicable administrative hearing forum, including the Office of Administrative Courts, the latter shall apply.18.7.2 Notice of Hearing 18.7.2.1 All hearings shall be preceded by written notice containing:18.7.2.1.1 The nature of the hearing and its time and place;18.7.2.1.2 The legal authority and jurisdiction under which the hearing is to be held;18.7.2.1.3 The matters of fact and law asserted or to be considered;18.7.2.1.4 A description of the proposed licensing action and a statement of the availability of its text from the Department;18.7.2.1.5 A description of the right of any interested person to make written comments to the Department or present oral comments at the hearing;18.7.2.1.6 The procedure for applying to become a party to the hearing; and18.7.2.1.7 A description of the procedures to be followed at the hearing and at a prehearing conference if required.18.7.2.2 The notice of the hearing shall be mailed by the Department to the licensee or applicant and to each person who has filed a written request to receive notice of such proceedings. The licensee or applicant shall cause the notice to be published for three (3) days in a newspaper of statewide circulation and in local newspapers designated by the Department in the area to be affected by the proposed action. The notice shall be mailed and published not less than ninety (90) days prior to the hearing.18.7.2.3 The time and place of hearing will be fixed with due regard for the convenience of the parties or their representatives, and the public interest. The hearing will be held in the locale of the site to be licensed.18.7.2.4 The cost of any licensing action hearing shall be at the expense of the applicant. These costs shall include, but not be limited to, the hearing officer, the meeting room, the court reporter and transcript copies, and the required notices. The costs shall not include the expenses of other parties to the hearing.18.7.3 Party Status 18.7.3.1 A person who may be affected or aggrieved by Department action may apply for party status not less than twenty (20) days prior to the hearing. Thereafter, application to be made a party shall not be considered except upon motion for good cause shown.18.7.3.2 Application for party status must identify the individual or group applying, including the address or phone number where they may be contacted, state the nature of their interest in the hearing and the specific ground on which they claim to be affected or aggrieved, and the specific aspects of the hearing which they wish to address.18.7.3.3 The Department, or the hearing officer, will grant or deny party status within five (5) days after receipt of the request for party status based on the nature and extent of the person's property, financial or other interest in the hearing and the possible effect of any order which may be entered as a result of the hearing on the person's interest. Any person applying for or granted party status may, by motion to the hearing officer or Department, as appropriate, challenge the right of any other person to be a party.18.7.3.4 Parties shall have the right to initiate discovery. Parties shall have the right to make motions or objections, present evidence, cross-examine witnesses, and appeal from the decision of the hearing as provided by the Colorado Administrative Procedure Act, Section 24-4-101et seq., CRS.18.7.3.5 A person who is not a party will be permitted to submit written comments to the Department and may be permitted to make an oral presentation at the hearing, but will not have the other rights of a party. 18.7.4 Prehearing Conference 18.7.4.1 The Department or hearing officer, on its own motion or at the request of any party or any person who has applied to become a party, may direct the parties to appear at a specific time and place for a conference to consider: 18.7.4.1.1 The simplification and clarification of the issues;18.7.4.1.2 The obtaining of stipulations and admissions of fact and of the contents and authenticity of documents to avoid unnecessary proof;18.7.4.1.3 Identification of witnesses and the limitation of the number of expert witnesses, and other steps to expedite the presentation of evidence;18.7.4.1.4 The setting of a hearing schedule;18.7.4.1.5 Granting or denying requests for party status, if such decisions have not previously been made;18.7.4.1.6 Such other matters as may aid in the orderly disposition of the hearing.18.7.4.2 At such conference each party or person who has applied to become a party shall present to every other person, party, and the Department a prehearing statement containing the following: 18.7.4.2.1 A brief summary of the nature of the claim of the party and the basis therefore;18.7.4.2.2 A copy of all exhibits proposed to be introduced; and18.7.4.2.3 A list of all witnesses who may be called and a brief description of their testimony.18.7.4.3 Except for good cause shown or for evidence or testimony accepted as rebuttal, no witness may testify nor may any exhibits be introduced on behalf of a party who had notice of the prehearing conference unless such witness has been previously listed and/or his written testimony and related exhibits have been presented to opposing parties at the prehearing conference.18.7.4.4 The Department or hearing officer shall issue a written summary of the action taken at the conference and agreements by the parties, which limits the issues or defines the matters in controversy to be determined in the hearing.18.7.5 Discovery 18.7.5.1 Any party may initiate discovery in the form of interrogatories to another party, requests for admission to another party, requests for production of documents to another party, or depositions of any persons, or any combination thereof. The Colorado Rules of Civil Procedure, to the extent not inconsistent with the Colorado Administrative Procedure Act, shall apply. Such discovery may be modified by a motion for protective order filed with the Department or hearing officer within seven (7) days of receipt of the notice or request for discovery. Motions for protective order shall set forth the grounds in support thereof and shall be ruled upon immediately. Discovery shall be completed no later than ten (10) days preceding the hearing date, except as otherwise ordered by the Department or hearing officer. 18.7.6 Conduct of Hearings 18.7.6.1 Hearing presentations will proceed in the following order unless otherwise directed by the Department or hearing officer.18.7.6.1.1 Call to order, introductory remarks, and action on applications for party status, if not already decided.18.7.6.1.2 Presentation of any stipulations or agreements of the parties, and any other matters which were required to be dealt with at the prehearing conference, if held.18.7.6.1.3 Opening statement by the party upon whom the burden of proof rests.18.7.6.1.4 Opening statements by all other parties.18.7.6.1.5 Presentation of case by party upon whom burden of proof rests.18.7.6.1.6 Presentation by all other persons wishing to offer evidence in the order to be determined by the Department or hearing officer.18.7.6.1.7 Rebuttal by the party upon whom the burden of proof rests, followed by rebuttal of other parties.18.7.6.1.8 Closing statements by party upon whom the burden of proof rests, followed by closing statements of all other parties.18.7.6.2 Public participation as provided for in these rules shall be allowed at that time or times during the hearing as determined by the Department or hearing officer in their discretion to be appropriate.18.7.6.3 At the conclusion of any witness's testimony, or at the conclusion of the party's entire presentation, as may be determined by the Department or hearing officer, all parties may then cross-examine such witness or witnesses. The Department or hearing officer may examine and cross-examine any witness. A person who is not a party shall not have the right to cross-examine.18.7.6.4 Any person, not a party to the proceeding, wishing to present testimony may do so by indicating his desire in writing. A form will be available prior to and during the hearing. This form will request the person's name, address, whom he represents, the general nature of his testimony, and the time required for his presentation. This form is to be presented to a representative of the Department during the hearing. Voluntary testimony not specifically requested on or by the written form may also be allowed. Any person presenting testimony shall be under oath and be subject to cross examination.18.7.6.5 The proponent of any motion, order, or license issuance bears the burden of proof.18.7.6.6 No interested person, party, or applicant for party status outside the Department will have any oral or written communication with any Department personnel or hearing officer relevant to the merits of a hearing pending before the Department unless reasonable prior notice is given to all participants in the hearing. This prohibition shall apply after the hearing is noticed. Any Department employee or hearing officer who is involved in such a prohibited communication shall make a written record of it and transmit it to all the parties to the hearing.18.7.7 Department Decision 18.7.7.1 Any party to a hearing may, or if so directed by the Department or the hearing officer shall, file proposed findings of fact and conclusions of law and a proposed form of order or decision within twenty (20) days after the record is closed. A party who has the burden of proof may reply within ten (10) days after service of proposed findings of fact and conclusions of law.18.7.7.2 After due consideration of the hearing record, the Department or hearing officer shall issue its findings of fact, conclusions of law, and decision and order.Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/201438 CR 02, January 25, 2015, effective 2/14/201538 CR 05, March 10, 2015, effective 3/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 14, July 25, 2015, effective 8/14/201539 CR 02, January 25, 2016, effective 2/14/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 6/30/201740 CR 20, October 25, 2017, effective 11/14/201742 CR 24, December 25, 2019, effective 1/14/202043 CR 14, July 25, 2020, effective 8/14/202043 CR 18, September 25, 2020, effective 10/15/202044 CR 11, June 10, 2021, effective 7/15/202144 CR 14, July 25, 2021, effective 8/14/202145 CR 22, November 25, 2022, effective 12/15/2022