6 Colo. Code Regs. § 1007-3-7.06
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-7.06 - Hearings(1)Public Hearings. The Commission is authorized to hold public hearings that are conducted in compliance with the APA. Public hearings may include rulemaking hearings pertaining to hazardous or solid waste regulations or other regulations authorized by statute. Public hearings also include adjudicatory hearings, hearings on penalties and compliance orders, and hearings on interpretative rules. Public hearings afford any interested person the opportunity to submit data, views, or arguments orally or in writing. The Commission may designate certain matters for which oral presentations are unnecessary as "Written Comment Only" hearings.(2)Informal Hearings. Informal hearings are held in the discretion of the Commission to gather information or receive comment on a matter under preliminary consideration by the Commission or staff. They are typically held during the Commission's general meetings. Informal hearings do not require compliance with the APA and are conducted as deemed appropriate by the Commission. Matters considered at informal hearings do not have binding regulatory or adjudicatory effect.a.Process. Whenever the Commission contemplates rulemaking, public announcement of any informal pre-rulemaking proceedings may be made at such time and in such manner as the Commission or staff determines. The proponent of the contemplated rule will provide information to the Commission on the need for the proposed rulemaking, the details of the proposed rulemaking, and the statutory authority of the proposed rulemaking. Additionally, the Division will inform the Commission about the public process related to the proposed rulemaking. The Division, during the informal hearing, may make a recommendation to the Commission related to the need for a prehearing process to the formal rulemaking hearing. The public will also be invited to submit views or otherwise participate informally in conferences with the Commission or staff on the proposals under consideration. It is in the sole discretion of the Commission to determine if and when such proceedings should occur and whether a rulemaking hearing will include a prehearing process.b.Staff: In order to solicit participation in the development of regulatory text prior to submitting a petition for rulemaking to the Commission, the Division may use whatever means are practical and efficient, including public workshops or staff-initiated workgroups. Such workshops or workgroups should be noticed where appropriate and should strive to include the general public.c.Work Groups: A work group may be convened by staff at the direction of the Commission for the purpose of producing either a consensus proposal or to develop a core proposal and potential alternatives. Commissioners generally do not participate in workgroups. Public announcement of any workgroup will be provided as deemed appropriate by the Commission or workgroup participants. At the end of any workgroup, any person, including the Division as staff, may proceed with a request for formal action before the Commission at a properly noticed meeting.d.Subcommittees. The Commission may convene a subcommittee of Commissioners, and appoint a Commissioner to chair a subcommittee to evaluate any issue that may come before the Commission, including new regulatory requirements or revisions to existing regulations. A subcommittee consists of one or more Commissioners. If more than one Commissioner is on the subcommittee, subcommittee meetings will be noticed pursuant to the Open Meetings Act. Members of the public may participate to assist the Commission, but are not part of the subcommittee. A subcommittee's recommendation is a proposal to generate discussion in an efficient and focused hearing before the full Commission. Commission members of the subcommittee are not committed to the subcommittee's recommendation. Regulation text developed by the subcommittee generally will be proposed and presented in a petition by the Division as staff. Members of the public and the Division may offer alternate proposals to those of the subcommittee. Any subcommittee formed shall exist for one year unless renewed by the Commission.(3)Formal Hearings. Formal hearings are held by the Commission for all rulemakings, interpretative rules, administrative penalty reviews and other matters which require an official act of the Commission. Formal hearings proceed in compliance with the APA. Action taken by the Commission during a formal hearing is binding and subject to judicial review. The Commission, in its sole discretion, may elect to use the prehearing procedure described in Section 7.08 for any formal action.a.Rights and obligations of the parties, non-parties, and the Division: I.Parties. Persons granted party status shall have the right to make an individual presentation either orally or in writing, or both, during the formal hearing, to make appropriate objections, and to cross-examine witnesses. Parties to the formal hearing must comply with the prehearing procedures set forth in Section 7.08, if elected by the Commission, including any order of the Commission or the Hearing Officer. Failure to comply with the prehearing procedures or any order may result in loss of party status, as determined by the Commission or the Hearing Officer.II.Non-Parties. Persons who do not desire party status but would like to participate in the formal hearing process may make their views known to the Commission by speaking during the public comment period during the hearing.III.Division. The Division acts as staff to the Commission in any rulemaking hearing and typically is not a formal party. In fulfilling its role as staff, the Division will present evidence, testimony, and background information; respond to questions; and provide any additional information during the hearing requested by the Commission. The Division or the Assistant Attorney General representing the Division may, as necessary to assist the Commission, make objections or cross-examine witnesses, in the discretion of the Commission.b. The Commission shall conduct all formal hearings in accordance with the following provisions: I.Public participation encouraged: The Commission shall hold a public hearing before promulgating any rule or regulation. The Commission encourages the public to participate in rulemaking hearings by commenting on proposed rules or alternate proposals. The Commission will generally afford any person an opportunity to submit data, views or arguments orally at the hearing, but, where appropriate, the Commission may require that such data, views or arguments be submitted in writing in advance of or at the rulemaking hearing as reflected in the notice of proposed rulemaking or by order of the Commission. The Commission will generally set aside a portion of the rulemaking hearing to hear public comment and testimony from those persons who are not a party to the rulemaking. The presiding Commissioner may limit oral testimony at a hearing. Organized groups are urged to identify one spokesperson. Speakers are asked to be as concise as possible and to avoid repeating comments made by others.II.Submission of Written Materials. Members of the public may submit written materials electronically to the Commission before a formal hearing. If members of the public would like the Commission to review written material prior to the hearing, such documents must be electronically filed with the Commission in sufficient time to be included in the meeting materials for the Commission (generally three weeks prior to the noticed hearing), or as otherwise specified in the notice of proposed rulemaking hearing. The Commission may provide parties or the Division an opportunity to rebut oral testimony or documents submitted by the public during a rulemaking hearing and may provide time as reasonably necessary for such rebuttal.III.Order of presentation: If a prehearing process is utilized, the prehearing order issued by the Hearing Officer or the Commission Administrator following the prehearing conference will specify the order of presentations before the Commission and the time allotted for each presentation, rebuttal or closing statements. If a prehearing process is not used, rulemaking hearings generally will involve:A.Opening the Hearing and Disposing of any Procedural Issues. Procedural issues may include prehearing motions, remaining party status issues, late filings, etc.... The Commission at this time should determine whether any potential conflicts of interest exist as described in Section 7.04.B.Presentation by the Division. The Division will make a presentation to the Commission describing the background and basis for the proposed rule. This introductory presentation may, at the discretion of the Commission, be provided by a party proposing the rule instead of the Division.C.Public Comment. The chairman or the presiding Commissioner may specify when and how public comment may be taken during the proceeding.D.Witness presentations. Oaths or affirmations may be required of persons who make statements at rulemaking hearings. The Commission encourages the general public and party witnesses to make plain, brief and simple statements of their positions. Where submittal of written testimony is required prior to the hearing pursuant to the notice of proposed rulemaking or the prehearing order, only an oral summary of that testimony should be provided at the hearing. When not explicitly required, the Commission encourages filing of written testimony prior to the hearing in accordance with the prehearing procedures.E.Cross-examination and Objections. Where the Commission allows participation as a party, a party may make objections, and all witnesses are subject to cross-examination by or on behalf of persons who have party status. In all hearings, witnesses are subject to cross-examination by or on behalf of the Commission, and the Commission may allow its staff and/or legal counsel for the Commission, or Division staff and/or legal counsel for the Division to conduct cross-examination. Any witness whose oral and/or written testimony a party wishes to have as part of the record shall be available for cross-examination at the rulemaking hearing. Where lengthy cross-examination would use undue time, the presiding Commissioner may require each party to estimate the amount of time necessary for cross-examination. To promote an efficient and focused hearing, the presiding Commissioner may limit each party's time for cross-examination.F.Summation of facts and law. The Commission, after the receipt of evidence, may allow or require staff, parties, or other persons to present oral or written summations of the facts and the law, either at the hearing or subsequent thereto, prior to the Commission deliberations.(4)Role of the Division. The Division shall act as staff to the Commission in any informal or formal hearing. In fulfilling its role as staff, the Division may present evidence, provide background information, make proposals or alternate proposals, and summarize evidence and any matters settled before the hearing, make recommendations to the Commission; make objections or cross-examine witnesses, and provide other support as necessary to assist the Commission. The Division may affirmatively request party status in a proceeding before the Commission. If the Division has formally gained party status, it may continue to provide staff services to assist the Commission, as directed by the Commission or the Hearing Officer.(5)Other authority. In conducting any rulemaking hearing, the Commission, the presiding Commissioner, or, where appropriate, the Hearing Officer, is authorized to: a. administer oaths and affirmations;b. sign and issue subpoenas;c. regulate the course of the hearing;d. set the time and place for continued hearings;e. fix the time for filing of documents;f. take depositions or have depositions taken;g. issue appropriate orders which shall control the subsequent course of the proceedings; andh. take any other action authorized by agency rule consistent with CHWA, SWDA, and the APA.(6)Continuing hearings. Upon motion by a party for good cause, or by its own motion, the Commission or the Hearing Officer may cancel, or continue any formal hearing to a later date, as deemed necessary and appropriate. For continuances, the new hearing date, time and place may be announced by an amended notice or by a statement at the time and place of the initial noticed hearing. The Hearing Officer may also continue a hearing by order based upon a written request and for good cause, or when the officer deems it appropriate. The hearing will be rescheduled for the next Commission meeting or at the convenience of the Commission. If requested to continue a hearing a second time, the Commission, in its sole discretion, may vacate the hearing and re-notice it for a later date pursuant to Section 7.05(7) and in compliance with Section 24-4-103(4)(d), C.R.S.(7)Cancelled hearings. The Commission may cancel any hearing by issuing a notice to that effect on the Commission's website or by announcement at the time and place of the noticed hearing.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023