2 Colo. Code Regs. § 404-1-514

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

Section 2 CCR 404-1-514 - STANDARDS OF CONDUCT

a. The purpose of this Rule 514 is to ensure that the Commission's decisions are free from personal bias and that its decision-making processes are consistent with the concept of fundamental fairness. The provisions of this Rule 514 are in addition to the requirements for Commission members set forth in § 24-18-101et seq., C.R.S. This Rule 514 should be construed and applied to further the objectives of fair and impartial decision-making. To achieve these standards, Commissioners, Administrative Law Judges, and Hearing Officers should:

(1) Discharge their responsibilities with high integrity;

(2) Respect and comply with the law. Their conduct, at all times, should promote public confidence in the integrity and impartiality of the Commission; and

(3) Not lend the prestige of the office to advance their own private interests, or the private interests of others, nor should they convey, or permit others to convey, the impression that special influence can be brought to bear on them.

b.Conflicts of Interest. A conflict of interest exists in circumstances where a Commissioner, Administrative Law Judge, or Hearing Officer has a personal or financial interest that prejudices that person's ability to participate objectively in an official act.

(1) A Commissioner, Administrative Law Judge, or Hearing Officer will disclose the basis for a potential conflict of interest to the Commission and others in attendance at the hearing before any discussion begins or as soon thereafter as the conflict is perceived. A conflict of interest may also be raised by other Commissioners, the Applicant, any petitioner, any parties to the proceeding, or any member of the public.

(2) In response to an assertion of a conflict of interest, a Commissioner may withdraw or the Director may designate an alternate Administrative Law Judge or Hearing Officer. If the Commissioner does not agree to withdraw, the other Commissioners will vote on whether a conflict of interest exists. Such vote will be binding on the Commissioner with the conflict.

(3) In determining whether there is a conflict of interest that warrants withdrawal, the Commission members, Administrative Law Judge, or Hearing Officer will take the following into consideration:

A. Whether the official act will have a direct economic benefit on a business or other undertaking in which the Commissioner, Administrative Law Judge, or Hearing Officer has a direct or substantial financial interest;

B. Whether the potential conflict will result in the Commissioner, Administrative Law Judge, or Hearing Officer not being capable of judging a particular controversy fairly on the basis of its own circumstances; and

C. Whether the potential conflict will result in the Commissioner, Administrative Law Judge, or Hearing Officer having an unalterably closed mind on matters critical to the disposition of the proceeding.

c.Discharge of Duties. In the performance of its official duties, the Commission, Administrative Law Judge, and Hearing Officer will apply the following standards:

(1) To be faithful to and constantly strive to improve its competence in statutory and regulatory principles, and to be unswayed by partisan interests, public clamor, or fear of criticism;

(2) To maintain order and decorum in the proceedings before it;

(3) To be patient, dignified, and courteous, and to require similar conduct of attorneys, staff, and others subject to its direction and control;

(4) To afford to every person who is legally interested in a proceeding full right to be heard according to law; and

(5) To diligently discharge its administrative responsibilities, maintain professional confidence in Commission administration, and facilitate the performance of the administrative responsibilities of other staff officials.

2 CCR 404-1-514

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