2 Colo. Code Regs. § 404-1-507

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

Section 2 CCR 404-1-507 - CONTESTED HEARING APPLICATIONS

a. A person who may be adversely affected or aggrieved by an application may submit a petition to the Commission as an Affected Person to participate formally as a party in an adjudicatory proceeding. The petition will set forth a brief and plain statement of the facts which entitle that person to be admitted and the matters that the person claim should be decided. The Commission, Administrative Law Judge, or Hearing Officer may admit any person or agency as a party to the proceeding for limited purposes.

(1) Federal agencies, state agencies, tribal governments, Relevant Local Governments, and special districts with legal authority over the application are Affected Persons.

(2) For purposes of an application filed pursuant to Rule 503.g.(1), Surface Owners and residents (including owners and tenants) of Building Units located within 2,000 feet of a proposed Working Pad Surface are Affected Persons.

(3) For all persons other than those listed in Rules 507.a.(1) & (2), the person's petition will:

A. Identify an interest in the activity that is adversely affected by the proposed activity;

B. Allege such interest could be an injury-in-fact if the application is granted; and

C. Demonstrate that the injury alleged is not common to members of the general public.

(4) When determining if a person is an Affected Person all relevant factors will be considered, including, but not limited to, the following:

A. Whether the interest claimed is one protected or adversely affected by the application;

B. Whether a reasonable relationship exists between the interest claimed and the activity regulated;

C. Likely impacts and magnitude of impacts of the regulated activity on the health, safety, welfare, or use of property of the person;

D. Likely impacts of the regulated activity on the impacted natural resources or wildlife used or enjoyed by the person; or

E. For a Governmental Agency not identified in Rule 507.a.(1), its legal authority over or interest in the issues relevant to the application.

b. For purposes of an application filed pursuant to Rule 503.g.(2), only a mineral Owner within the unit, Relevant Local Government, CDPHE, or CPW may file a petition.

c. A petition filed by the Relevant Local Government, CDPHE, or CPW will be granted.

d. The petition will be filed with the Commission and served on the Applicant's counsel, if the Applicant is represented by counsel, at least 30 days before the hearing. If the Applicant is not represented by counsel, service will be made on the Applicant.

e. Pursuant to Rule 510.l, the filing deadline for the filing of petitions may be extended for good cause upon any continuance of a hearing.

f. All petitions will include:

(1) The application docket number;

(2) A general statement of the factual or legal basis for the petition based on the application;

(3) A statement and support for why the person filing the petition meets the definition of an Affected Person;

(4) A statement of the relief requested;

(5) A written description of the case the Affected Person plans to present to the Commission including a list of proposed witnesses;

(6) A time estimate to hear the petition;

(7) A certificate of service attesting that the pleading has been served on the Applicant and any other party in the proceeding; and

(8) If applicable, the name, mailing address, phone number, and email address of the petitioner's legal counsel or the petitioner themselves if not represented by legal counsel.

g. The Commission, Administrative Law Judge, or Hearing Officer may require any additional information necessary pursuant to the Commission's Rules to ensure the petition is complete. The Commission, Administrative Law Judge, or Hearing Officer has the discretion to summarily dismiss without prejudice any petition that does not meet the informational requirements set forth in this Rule.

2 CCR 404-1-507

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