6 Colo. Code Regs. § 1007-3-7.03

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-3-7.03 - Definitions

For purposes of this Part 7, the following definitions shall apply:

(1)"Actual conflict of interest" means an inability of a Commissioner to objectively participate in the matter before the Commission because the Commissioner has an unalterably closed mind on a matter critical to the disposition of the proceeding. An official act that affects a group of industries or businesses does not, in and of itself, constitute an actual conflict of interest even though the Commissioner may work for or otherwise have an interest in one of the industries or businesses impacted.

(2)"Alternate proposal" means any new substantive proposed rule text offered for the Commission's consideration and approval, including wholly new regulation text, or amendments or revisions to previously proposed regulation text. Proposed text that simply deletes, clarifies or elaborates on elements of an already-submitted proposal, without substantive new obligations or requirements is not an alternate proposal.

(3)"Apparent conflict of interest" means a personal or financial interest which could reasonably be perceived as an interest that may influence the Commissioner's decision.

(4)"Commission" means the Solid and Hazardous Waste Commission.

(5)"Commission Administrator" means the individual holding the position created by Section 25-15-302(9)(a), C.R.S.

(6)"Commission Assistant" means the person who assists the Commission Administrator on matters related to the Solid and Hazardous Waste Commission.

(7)"Commissioner" means a duly appointed member of the Commission.

(8)"Days" means a calendar day including weekends and holidays.

(9)"Department" means the Colorado Department of Public Health and Environment.

(10)"Division" means the Hazardous Materials and Waste Management Division and/or the Division of Environmental Health and Sustainability that exist within the Department.

(11)"Electronic filing" or "Electronically filed" All filings for rulemakings, adjudications, interpretative rules, and penalty reviews shall be made by electronic mail, unless an Exception to Electronic Filing has been granted by the Commission. All deadlines are in the time zone of the Commission's office located at 4300 Cherry Creek Drive South, Denver, CO 80246. Filing by electronic mail shall be complete when the Commission receives, by 11:59 p.m. on the date it is due, an electronic mail containing an attached, signed version of the document to be filed, and a message is transmitted back to the sender from the Commission confirming the filing was received by 11:59 p.m. on the date that the document is due. An electronic document may be "signed" by affixing a signature to the document and scanning and attaching the signature page to the filing. Alternatively, by affixing his or her name to the document, a filer agrees that the document constitutes an electronic transaction pursuant to Section 24-71.3-105, C.R.S. and an electronic signature pursuant to Section 24-71-101, C.R.S. When a party files by electronic mail, it shall be considered an agreement to be served by electronic mail. The filer is responsible for furnishing one or more electronic notification addresses at which the electronic filer agrees to accept service and shall immediately provide the Commission and all parties with any change to the electronic filer's notification address. If the document is too large to transmit by electronic mail, the filer shall serve the document(s) under an Exception to Electronic Filing.

(12)"Ex Parte communication" means an oral or written communication regarding a proceeding where the communication is between a member or members of the Commission and a person who has an interest in the proceeding that (1) takes place after the adoption of a petition to notice a rulemaking or after an appeal for an adjudicatory hearing has been filed; (2) is not on the public record; (3) is not authorized by other specific provision of law or Commission order; and (4) with respect to which reasonable prior notice to all parties is not given.

(13)"Exception to electronic filing" Any person who is unable to comply with the requirements of electronic filing may request approval from the Commission to file documents in paper format or an alternative electronic mechanism approved in writing by the Commission Administrator or Commission Assistant. If documents are filed in a paper format, an original and the number of paper copies required for each proceeding as specified by the Commission must be filed with the Commission, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246. Filings under the exception to electronic filing shall be submitted by the same deadlines and under the same requirements as electronic filing, defined above.

(14)"Financial interest" A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:

a. An ownership or investment interest in any entity;

b. A compensation arrangement with the organization or with any entity or individual. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial;

c. Employment or prospective employment for which negotiations have begun;

d. An ownership interest in real or personal property; or

e. A loan or any other debtor interest.

(15)"Formal hearing" means a proceeding that is duly noticed at which the Commission takes a formal action in accordance with the requirements of the APA and these procedural rules.

(16)"Good cause" means a valid and sufficient reason, in the opinion of the Hearing Officer or the Commission, to make an exception to a requirement of the Procedural Rules.

(17)"Hearing Officer" means a Commissioner selected by the Commission to preside over prehearings, or informal or formal hearings.

(18)"Informal hearing" means a proceeding in which interested persons may submit views or otherwise informally participate in conferences on any proposal under consideration by the Commission.

(19)"Official act" means any vote, decision, recommendation, approval, disapproval or other action, including inaction, which involves the use of discretionary authority made by the Commission.

(20)"Party" means any person, entity, or agency named or admitted as a party in any Commission proceedings subject to these regulations. The Division and any person subject to an order or decision of the Division are parties to an adjudicatory proceeding.

(21)"Potential conflict of interest" means an apparent or actual conflict of interest that may come about due to reasonably foreseeable events.

(22)"Prehearing Procedure" means the procedure used by the Commission to obtain information for a formal action prior to the hearing. Use of the prehearing procedure is at the sole discretion of the Commission. The prehearing procedure is more particularly described in Section 7.08.

(23)"Rule" or "Regulation" as used in this Part 7 includes proposed revisions or amendments to existing regulations, alternate proposals, or wholly new regulation text.

(24)"Rulemaking proceeding" means a proceeding in which the Commission formulates, amends, or repeals a rule and is subject to the requirements of Section 24-4-103, C.R.S. Rulemaking proceedings are the notice and hearing activities required by law for the Commission to adopt regulations, as authorized by the APA or other specific authority, that are of general applicability and future effect that implement, interpret, or declare law or policy, which are intended to be binding. They include adoption of proposed regulations, or deletion of, or revisions or modifications to, existing regulations of the Commission.

(25)"Year" means a calendar year ending on December 31^st.

6 CCR 1007-3-7.03

37 CR 24, December 25, 2014, effective 3/2/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 11, June 10, 2016, effective 6/30/2016

40 CR 06, March 25, 2017, effective 4/14/2017

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 21, November 10, 2017, effective 11/30/2017

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 06, March 25, 2019, effective 5/30/2019

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 11, June 10, 2022, effective 6/30/2022

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 1/30/2023