5 Colo. Code Regs. § 1002-21.5
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-21.5 - Business Meetings and Informal HearingsA.Business Meetings1) The Commission shall hold regularly scheduled meetings as required by the Act for the conduct of its business, and such meetings are not subject to the requirements of the APA.2) Dates for such meetings shall be set by agreement of the Commission members.3) Agendas for such meetings shall be published and mailed to the Commission members and all persons on the mailing list required to be kept by section 302(1)(e) of the Act, at least five days prior to each meeting.4) The proceedings of all such meetings shall be taped or otherwise recorded.5) The chairperson of the Commission, an officer of the Commission, or a duly-appointed member of the Commission shall preside at each business meeting.6) Business meetings should be conducted in accordance with Robert's Rules of Order-Revised but may proceed on an informal basis.7) At business meetings the Commission may, in addition to other business, receive reports from the Division, the Administrator, or the Attorney General, or any other person at the discretion of the Commission. Any person seeking Commission action on any matter not already included on the agenda shall submit such matter to the Commission at least seven days prior to the meeting. Matters submitted beyond this deadline shall be considered at the next subsequent meeting, unless the Commission determines for good cause shown that the matter should be acted upon immediately.8) All business meetings of the Commission shall be open to the public. However, the Commission may, in accordance with the Public Meetings Law, the Public Records Act, or as otherwise provided by law, exclude the public from attendance with respect to specific individual matters.9) Members of the public may participate in business meetings in an appropriate manner as determined by the Commission in its discretion.B.Informal Hearings1) The Commission may conduct informal hearings not subject to the requirements of the APA, the Act, the drinking water statutes or sections 21.3 and 21.4 of this regulation in order to solicit information from the public with respect to specified matters in order to consider for adoption interpretive rules or statements of policy not intended to be binding, or for such other purposes as may be appropriate. The Commission shall determine the procedures to be followed for such hearings on a case-by-case basis.
2) The Commission may conduct administrative action hearings that do not involve formal rulemaking, but which result in a Commission approval action. The purposes of such hearings may include, but need not be limited to: a) Approval of Commission policy documents that do not have regulatory effect and are not intended to be binding;b) Approval of proposed Section 319 nonpoint source project funding priorities;c) Approval of Section 208 water quality management plans which shall include recommendations approved by the Commission following deliberation;d) Approval of the Section 303(d) Listing Methodology, for development of Colorado's list of impaired waters;e) Approval of the Section 305(b) Report on the Status of Water Quality in Colorado;f) Approval of a Colorado Nonpoint Source Management Program;g) Approval of Intended Use Plans. Administrative action hearings are not subject to the formal legal requirements of rulemaking hearings. Notice of such hearings will be published in the non-rulemaking section of the Colorado Register at least 20 days in advance on the hearing. There is no formal "party status" or mailing list status, generally written comments are not required to be mailed or e-mailed to other hearing participants, no prehearing conference is held, and generally no transcript is prepared. Written comments submitted prior to the hearing are encouraged, but written or oral comments are accepted at the hearing.
38 CR 07, April 10, 2015, effective 4/30/201540 CR 07, April 10, 2017, effective 4/30/2017