2 Colo. Code Regs. § 404-1-501
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-501 - APPLICABILITY OF RULES OF PRACTICE AND PROCEDUREa.General. The Commission's 500 Series Rules will be known and designated as "Rules of Practice and Procedure before the Oil and Gas Conservation Commission of the State of Colorado," and will apply to all proceedings before the Commission. The Commission's Rules will be liberally construed to secure the just, speedy, and inexpensive determination of all issues presented to the Commission, Administrative Law Judges, and Hearing Officers.b.Prohibition of Abuse. Notwithstanding any provision of the Commission's Rules, the Commission, Administrative Law Judge, or Hearing Officer will, upon its own motion or upon the motion of a party to a proceeding, act to prohibit or terminate any abuse of process by an Applicant, petitioner, witness, or party offering a statement pursuant to Rule 512 in a proceeding. Such action may include, but is not limited to: summary dismissal of the application, petition, or other pleading; limitation or prohibition of harassing or abusive testimony; limitation or prohibition of excessive motion filing; restricted discovery; and finding a party in contempt. Grounds for such action may include, but are not limited to, the use of the Commission's procedures for reasons of obstruction and delay; misrepresentation in pleadings or testimony; or other inappropriate or outrageous conduct that is deemed by the Commission, Administrative Law Judge, or Hearing Officer to be an abuse of process.c. Before the Commission adopts any Rule or regulation, enters any order or amendment thereof, or grants any variance pursuant to Rule 502, the Commission, Administrative Law Judge, or Hearing Officer will hold a public hearing at such time and place as may be prescribed by the Commission, Administrative Law Judge, or Hearing Officer. Any party will be entitled to be heard as provided in the Commission's Rules. The foregoing will not apply to recommended orders of uncontested matters, the issuance of an Emergency Order, Notice of Alleged Violation ("NOAV"), or Cease and Desist Order.d.Judicial Review. Any Rule, regulation, permit, or final order of the Commission, whether approved by the Director or the Commission, is subject to judicial review pursuant to the provisions of the Administrative Procedure Act, §§ 24-4-101 -108, C.R.S. The statutory time period for filing a notice of appeal from any Commission decision commences pursuant to § 24-4-106(4), C.R.S.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022