2 Colo. Code Regs. § 404-1-503

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 404-1-503 - APPLICATIONS FOR A HEARING BEFORE THE COMMISSION

a.Commission's Own Motion. The Commission may, on its own motion, initiate proceedings upon any question relating to Oil and Gas Operations in the State of Colorado, or to the administration of the Act, by notice of hearing or by issuance of an Emergency Order without notice of hearing. Such Emergency Order will be effective upon issuance and will remain effective for a period not to exceed 15 days. Notice of an Emergency Order will be given as soon as practicable after issuance.

b. All proceedings that require a Commission decision, other than those initiated by the Commission, will be commenced by filing an application for a hearing before the Commission.

c. All applications will include at a minimum:

(1) The Applicant's name and email address;

(2) If the Applicant is an Operator registered with the Commission, the Operator's Commission identification number;

(3) Identification of the type of application submitted;

(4) All geologic formations, if necessary for adjudication of the application;

(5) The location of applicable lands (including county, Field name, Township / Range / Section, and nearby public crossroads) and map of the same;

(6) The name and contact information (including email) for an Operator or Applicant representative designated to receive questions and petitions;

(7) A description of the relief requested, set forth in reasonable detail;

(8) The legal and factual grounds for the requested relief;

(9) A prayer for relief;

(10) If applicable, the name, mailing address, phone number, and email address of the Applicant's legal counsel;

(11) The name of each person entitled to receive notice of the application under the Commission's Rules; and

(12) Any information required by the Commission's Rules that is specific to the application.

d. All applications will be executed by a person with authority to do so on behalf of the Applicant, and the contents thereof will be verified by a party with sufficient knowledge to confirm the facts contained therein.

e. The originally signed application will be maintained by the filing party. The electronically submitted application, and all subsequent documents submitted, are Commission public records.

f. Each application, except those filed by a Governmental Agency or the Commission, will be accompanied by a docket fee established by the Commission (see Appendix III).

g.Commission Application Types. The following applications may be filed with the Commission for adjudication:

(1)Oil and Gas Development Plan. An Oil and Gas Development Plan application will satisfy the requirements set forth in Rule 303. Only an Owner or Operator within the proposed Oil and Gas Development Plan may file an Oil and Gas Development Plan.

(2)Drilling Units. Pursuant to Rule 305, applications for the creation of drilling units, additional Wells within existing drilling units, other applications for modifications to existing drilling unit orders, or applications for exception locations not subject to Rule 401.c. Only an Owner or Operator within the proposed or existing unit may file an application pursuant to this Rule 503.g.(2).

(3)Pooling and Unitization Applications. A statutory pooling application filed pursuant to § 34-60-116, C.R.S., or a unitization application filed pursuant to § 34-60-118, C.R.S. Unitization applications will satisfy the information requirements set forth in Rule 505. Statutory pooling applications will satisfy the information requirements set forth in Rules 505 & 506.

(4)Order Finding Violation. An Order Finding Violation ("OFV") application will include the NOAV. Only the Director may be the Applicant for an OFV.

(5)Payment of Proceeds. A payment of proceeds application will satisfy the information requirements set forth in Rules 429 or 430, and will be submitted on a Form 38, Payment of Proceeds Hearing Request.

(6)School and Child Care Center Setbacks. A School and Child Care Center setback application will satisfy the information requirements set forth in Rule 604.a.(3).

(7)Petition for Review. A complainant's Petition for Review will satisfy the requirements of Rule 524.e.

(8)Comprehensive Area Plan. A Comprehensive Area Plan will satisfy the requirements of Rule 314. Only an Owner or Operator may file a Comprehensive Area Plan.

(9)Variances. An application for a variance will satisfy the requirements of Rule 502.

(10) Any person may seek relief or a ruling from the Commission on any other matter not described in Rules 503.g.(1)-(9) & (11)-(12). Rulemaking petitions are not relief or rulings covered by this Rule 503.g.(10) and may be filed by any person pursuant to Rule 529.b.

(11)Financial Assurance. An application for a Financial Assurance hearing will satisfy the requirements of Rules 218.b.(5).D, 218.i.(2), 434.d.(8), 701.b, 702.b, 703.b.(1).A, 703.d.(2).C, 704.b, 706.b, 706.c.(1), 706.e, 707.a, or 707.b. If the Commission initiates a Financial Assurance hearing on its own motion pursuant to Rule 503.a and 707.b, or the Director initiates a Financial Assurance hearing pursuant to Rules 218.b.(5).D, 434.d.(8).B.ii, 706.b, or 707.a.(2), it will be the responsibility of the Operator subject to the hearing to compile any information required by those Rules and submit it into the docket for the proceeding.

(12)Well or Location Closure. An application to require Plugging and Abandonment of a Well or closure of an Oil and Gas Location or Oil and Gas Facility will satisfy the requirements of Rule 211.

A. The Director may file an application to Plug and Abandon a Well or close an Oil and Gas Location pursuant to Rule 211.

B. The Relevant Local Government or Surface Owner may file an application to Plug and Abandon a Well or close an Oil and Gas Location pursuant to Rule 211. Such application by a Relevant Local Government or Surface Owner will include:

i. A certification that the Relevant Local Government or Surface Owner has conferred in good faith with the Operator;

ii. A certification that the Well has been a Low Producing Well each year of the previous three years; and

iii. Evidence demonstrating that the Well is:

aa. A threat to public health, safety, welfare, the environment, or wildlife resources; or

bb. No longer Used or Useful.

h. Unless provided for in the Commission's Rules, or the Commission otherwise orders, all matters submitted to the Commission for adjudication will automatically be assigned to an Administrative Law Judge or Hearing Officer. An assignment to an Administrative Law Judge or Hearing Officer will encompass all issues of fact and law concerning the matter unless the Commission specifies otherwise in a written order. Notwithstanding the foregoing, the following will be considered only by the Commission and not a Hearing Officer or Administrative Law Judge:

(1) Approval of Comprehensive Area Plans filed pursuant to Rule 314;

(2) Applications seeking a hearing pursuant to Rules 604.a.(3) or 604.b.(4);

(3) Variance requests to the Commission filed pursuant to Rule 502.a;

(4) Rulemaking proceedings held pursuant to Rule 529;

(5) Financial Assurance hearings pursuant to Rules 218.b.(5).D, 218.i.(2), 434.d.(8), 701.b, 702.b, 703.b.(1).A, 703.d.(2).C, 704.b, 706.b, 706.c.(1), 706.e, 707.a, or 707.b; and

(6) Well or Location Closure hearings pursuant to Rule 211.

i. The Commission, Director, Administrative Law Judge, or Hearing Officer may require any additional information necessary to ensure an application is complete. The Commission, Administrative Law Judge, or Hearing Officer may issue an order rejecting an application if the application is found to be without merit or is incomplete. The rejection of an application will be in writing and constitute a final agency order that is subject to judicial review.

j. A party filing an application may amend its application at any time prior to notice being sent consistent with Rule 504. A material amendment is a change that substantially alters the requested relief of the original application, requires notice to additional persons, or as otherwise determined by the Commission, Administrative Law Judge, or Hearing Officer. If the application requires a material amendment, the Commission, Administrative Law Judge, or Hearing Officer may in its discretion dismiss the application.

k. Upon the acceptance of an application:

(1) Commission Staff will assign the application a docket number; and

(2) The matter will be set for hearing, and notice of that hearing will be given pursuant to Rule 504.

l. The Commission, Administrative Law Judge, or Hearing Officer will grant the first request by an Applicant for a continuance of any uncontested application. The Commission, Administrative Law Judge, or Hearing Officer has discretion to grant or deny subsequent requests for a continuance of an uncontested application.

m. Commission Staff will evaluate all applications, which may include a recommendation on the merits of the application. Any such recommendation will be part of the administrative record to be considered by the Commission, Administrative Law Judge, or Hearing Officer.

n. Subsequent to the initiation of a proceeding, all pleadings filed by any party will reference the docket number assigned to such proceeding. Each pleading will include a certificate of service identifying the document served and filed with the Commission and that the pleading was served on all parties, pursuant to Rule 522.

2 CCR 404-1-503

37 CR 16, August 25, 2014, effective 9/30/2014

38 CR 01, January 10, 2015, effective 2/14/2015

38 CR 03, February 10, 2015, effective 3/2/2015

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

38 CR 16, August 25, 2015, effective 9/14/2015

39 CR 04, February 25, 2016, effective 3/16/2016

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 06, March 25, 2018, effective 5/1/2018

41 CR 23, December 10, 2018, effective 12/30/2018

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 17, September 10, 2019, effective 9/30/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 13, July 10, 2020, effective 11/2/2020

43 CR 24, December 25, 2020, effective 1/15/2021

45 CR 07, April 10, 2022, effective 4/30/2022

45 CR 09, May 10, 2022, effective 5/30/2022

45 CR 13, July 10, 2022, effective 7/30/2022