2 Colo. Code Regs. § 404-1-522
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-522 - SERVICEa. A person filing any application, petition, pleading, or other document will serve a copy, including all supporting attachments or exhibits, on every other party in the docketed matter. Service of all pleadings or other documents will be accomplished electronically in a manner determined by the Director.b.Enforcement Documents. The Director will serve an NOAV, a Notice of Hearing of an enforcement action, or an OFV on the Operator or the Operator's Designated Agent and other parties as necessary by personal delivery or by certified mail, return receipt requested, to the address the Operator has on file with the Commission pursuant to Rule 205. All other documents in enforcement cases will be served electronically in a manner determined by the Director.c.Complainant. Notice to a complainant may be served by confirmed electronic mail (unless previously objected to by a party) or by first class mail to the address provided. Where notice is sent electronically, notice is perfected when sent. Where notice is sent by first class mail, notice is perfected 5 days after mailing.d.Petitions for Review. A Petition for Review by a complainant will be served on the Operator or the Operator's Designated Agent to the address on file with the Commission electronically in a manner as determined by the Director. If the complainant is unable to serve the Petition for Review electronically, the complainant will serve it by certified mail, return receipt requested. A complainant will serve its Petition for Review on the Operator within 7 days following filing of the petition. All other documents in a Petition for Review proceeding will be served on all parties electronically (unless previously objected to by a party).e.Cease and Desist Orders. In Emergency Situations, a Cease and Desist Order may be served electronically in a manner as determined by the Director, followed by a copy served on the Operator or the Operator's Designated Agent by personal delivery or by certified mail, return receipt requested, to the address the Operator has on file with the Commission pursuant to Rule 205.f.Service by Certified Mail. When service is accomplished through certified mail it will be perfected at the earliest of:(2) The date shown on the return receipt; or(3) 5 days after mailing.g.Service by First Class Mail. If a party or person lacks access to file or receive documents electronically in a manner as determined by the Director, service will be made by first class mail. When service is accomplished through first class mail, it is perfected 5 days after mailing. Service by first class mail may not be substituted for service by certified mail when service by certified mail is required by Commission Rule or the Act.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