5 Colo. Code Regs. § 1002-21.14

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

Section 5 CCR 1002-21.14 - Reconsideration

A.Reconsideration of Adjudicatory Action Upon Motion of a Party

1) During the time permitted for seeking judicial review of any final order or determination of the Commission or Division rendered in any adjudicatory proceeding, any party directly affected by such order or determination may apply to the Commission or the Division, as appropriate, for a hearing or rehearing with respect to, or reconsideration of, such order or determination. The determination by the Commission or the Division of whether to grant or deny the application for a hearing, rehearing, or reconsideration shall be made within ten days after receipt by the Commission or Division of such application. Such determination by the Commission may be made by telephone or mail or at a meeting, but in any event shall be confirmed at the next meeting of the Commission.

2) If the application for a hearing, rehearing, or reconsideration is granted, the order or determination to which such application pertains shall not be considered final for purposes of judicial review, and the Commission or the Division may affirm, reverse, or modify, in whole or in part, the pertinent order or determination; thereafter such order or determination shall be final and not subject to stay or reconsideration under this section.

3) If the application for a hearing, rehearing, or reconsideration is denied, the order or determination to which such application pertains shall be considered final agency action as of the date specified in section 21.4 . An application under this section extends the time period for seeking judicial review of the original order or determination only for the number of days that it is pending, since such an application merely stays the time period for seeking judicial review.

4) The decision to grant or deny a hearing, rehearing or reconsideration pursuant to this section is not subject to judicial review.

B.Reconsideration of Rulemaking Action

Reconsideration of rulemaking action of the Commission may be sought in accordance with the provisions of section 21.3 pertaining to petitions for rulemaking. Any such request shall be evaluated according to the established regulations and policies of the Commission where applicable, and may be granted for good cause shown. Such a request is not a pre-requisite to the right of judicial review of the rule on which it is based and does not affect the time period for seeking judicial review of the rule. The decision to grant or deny such request is not itself final agency action subject to judicial review.

C.Reconsideration of Decisions by the Division or the Executive Director of the Department of Public Health and Environment (or His/Her Designee) Upon Own Motion

Where any person appeals to the Commission a decision or order of the Division or the Executive Director of the Department of Public Health and Environment (or his/her designee), the Division or the Executive Director (or his/her designee) shall retain continuing jurisdiction over the decision or order until the Commission holds its appeal hearing, and may reconsider and revise the decision or order at any time prior to said hearing. Prior to reconsidering and revising any such decision or order, the Division or the Executive Director (or his/her designee) shall consult with all interested parties. If the person who has requested the hearing no longer wishes to have the hearing after the decision or order has been reconsidered and revised, the person shall file a notice of withdrawal of appeal with the Commission, and the hearing shall not be held. The revised decision or order shall then be subject to appeal to the Commission pursuant to the provisions of the Act, the drinking water statutes and this regulation.

5 CCR 1002-21.14

38 CR 07, April 10, 2015, effective 4/30/2015

40 CR 07, April 10, 2017, effective 4/30/2017