5 Colo. Code Regs. § 1002-21.25
The provisions of 25-8-202(1)(l); and 25-8-401(2) C.R.S. provide the specific statutory authority for the amendments to this regulation adopted by the Commission. The Commission has also adopted the following statement of basis and purpose.
Basis and Purpose:
The revisions adopted in this rulemaking proceeding address several suggestions for improvements to the Procedural Rules that have come to the Commission's attention since the last revisions of this regulation in 1988.
Provisions regarding the required number of copies, and the distribution of copies, of party status requests, prehearing statements, and other documents submitted in Commission rulemaking proceedings have been revised in accordance with what the Commission has determined to be a more efficient process.
The Commission has adopted new provisions, in section 2.1.3 C, to more explicitly provide for written-comment-only rulemaking proceedings. At the recommendation of the Water Quality Forum and other members of the public, the Commission has decided to provide for such proceedings as a more efficient mechanism for completing some noncontroversial rulemakings.
The Commission has adopted revisions to section 2.1.3 D to allow interested persons to acquire "mailing list status" for rulemaking proceedings. This status explicitly provides for an intermediate level of participation in rulemaking proceedings, as an alternative to participation as a formal party or merely as an interested member of the public. This provision formally acknowledges what has essentially become an informal practice of the Commission over the last few years.
The Commission has added a new subsection to section 2.1.3 K regarding the conduct of hearings to more directly address the issue of ex parte communications during rulemaking hearings. The Commission does not believe that such ex parte communications should be encouraged. However, the Commission believes that the new provision may provide useful guidance regarding this matter to Commission members and participants in rulemaking proceedings. The new provisions establish certain constraints on such communications during a rulemaking proceeding, and prohibit such communication once a rulemaking is closed.
The Commission also amended section 2.1.3 K to provide additional clarification regarding the requirement to have witnesses present for cross-examination, and regarding potential restrictions on the time allowed for cross-examination. These revisions explicitly recognize what has become standard Commission practice.
The Commission has revised section 2.1.3 L(7) to eliminate a potential confusion regarding the publication date of adopted rules for purposes of determining the effective date of rules.
The Commission has revised section 2.1.4 A, and 2.1.16, to recognize in this regulation the Commission's role in hearing appeals of antidegradation review determinations by the Division. The Commission's role in this regard was previously established by provisions in section 3.1.8 of the Basic Standards and Methodologies for Surface Water. No changes to the Commission's role or the nature of the antidegradation review determination appeal process result from these revisions.
5 CCR 1002-21.25