2 Colo. Code Regs. § 404-1-517
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-517 - APPLICABILITY OF COLORADO COURT RULES AND ADMINISTRATIVE NOTICEa. The Colorado Rules of Civil Procedure apply to Commission proceedings unless they are inconsistent with the Commission's Rules or the Act, or as the Administrative Law Judge or Hearing Officer may otherwise direct on the record during prehearing proceedings or by written order.b. In general, the Colorado Rules of Evidence applicable before a trial court without a jury will be applicable in matters before the Commission, providing that such rules may be relaxed, where, by so doing, the ends of justice will be better served. (1) To promote uniformity in the admission of evidence, the Commission, Administrative Law Judge, or Hearing Officer, to the extent practical, will observe and conform to the Colorado Rules of Evidence applicable in civil non-jury cases in the district courts of Colorado.(2) When necessary to ascertain facts affecting substantial rights of the parties to a proceeding, the Commission, Administrative Law Judge, or Hearing Officer may receive and consider evidence not admissible under the Rules of Evidence, if the evidence possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.(3) Informality in any proceeding or in the manner of taking testimony will not invalidate any Commission order, decision, Rule, or regulation.c.Administrative Notice. The Commission, Administrative Law Judge, or Hearing Officer may take administrative notice of: (1) Constitutions and statutes of any state, tribe, and of the United States;(2) Rules, regulations, official reports, decisions, and orders of local, state, and federal administrative agencies;(3) Decisions and orders of federal and state courts;(4) Commission and Commission Staff reports, data, files, documents, and records;(5) Matters of common knowledge and undisputed technical or scientific fact;(6) Matters that may be judicially noticed by a Colorado district court in a civil case; and(7) Matters within the expertise of the Commission or Commission Staff.d. Upon receipt of an objection to any discovery issued pursuant to Rule 509.b.(3), the Commission, Administrative Law Judge, or Hearing Officer has the discretion to limit the scope of the discovery sought to matters that are within the scope of the Commission's jurisdiction under the Act, or otherwise.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