2 Colo. Code Regs. § 404-1-524
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-524 - COMPLAINANT ENFORCEMENT MATTERSa. Any person may make a complaint using the Form 18 to the Director alleging that a violation of the Act or any Commission Rule, order, or permit has occurred. The Director will investigate all complaints made pursuant to this Rule to the extent the Director believes sufficient grounds exist to warrant an investigation.b. The Director will notify the complainant of whether an investigation will be conducted. (1) If the Director determines no violation occurred, the Director will notify the Operator and the complainant, and no further action will be taken.(2) If the Director determines a violation may have occurred, the Director may initiate and resolve the enforcement action pursuant to Rule 523.(3) If a complaint specifically results in the issuance of an NOAV, a complainant who has filed a written complaint on a Form 18 will be given 14 days to comment on the terms of a draft proposed settlement of the NOAV, if any, before the AOC is signed and presented to an Administrative Law Judge or Hearing Officer for a recommended order approving it.c. A complainant who has filed a written complaint on a Form 18 may file a Petition for Review requesting the Commission hear the complainant's objections to: (1) The Director's decision not to issue an NOAV for an alleged violation specifically identified in the written complaint; or(2) The settlement terms of a final proposed AOC that settles an alleged violation arising directly from the Form 18.d. Complainants will file a Petition for Review application with the Commission within 28 days of service of the Director's decision.e. A Petition for Review will set forth in reasonable detail the legal arguments and facts the complainant contends demonstrate that the Director's decision was clearly erroneous. (1) A Petition for Review may include a request for a continuance of the enforcement hearing on the AOC. Such a request will be based on actual, compelling evidence, which has been gathered by the complainant after the Director's contested decision, and will explain why the Director should further investigate the circumstances surrounding the alleged violation. The Commission, Administrative Law Judge, or Hearing Officer will determine whether a continuance is warranted, and whether to direct Staff to conduct additional investigation or receive and consider additional information.(2) An Administrative Law Judge or Hearing Officer will issue a case management order that establishes the deadlines for filing responses to the Petition for Review.(3) Discovery will not be permitted prior to the Petition for Review hearing.f. Unless otherwise continued, a Petition for Review will be heard within 42 days following filing of the Petition for Review.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