2 Colo. Code Regs. § 404-1-530
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-530 - EX PARTE COMMUNICATIONSa. The following provisions will be applied in any adjudicatory proceeding before the Commission, Administrative Law Judge, or Hearing Officer. (1) No person will make or knowingly cause to be made to any member of the Commission, Administrative Law Judge, or Hearing Officer an ex parte communication concerning the merits of a proceeding for which an application has been filed.(2) No Commissioner, Administrative Law Judge, or Hearing Officer will make or knowingly cause to be made to any interested person an ex parte communication concerning the merits of a proceeding that has been noticed for hearing.(3) A Commissioner, Administrative Law Judge, or Hearing Officer who receives, or who makes, or knowingly causes to be made, a communication prohibited by this rule will place on the public record of proceeding: A. All such written communications and any responses thereto; andB. Memoranda stating the substance of any such oral communications and any responses thereto.(4) Upon receipt of a communication knowingly made or knowingly caused to be made by a person in violation of this Rule 530, the Commission, Administrative Law Judge, or Hearing Officer may require the person to show cause why their claim or interest in the proceeding should not be dismissed, denied, or otherwise adversely affected on account of such violation.(5) If Staff is a party to an adjudicatory proceeding, they are subject to the provisions of this Rule 530.a.b. Oral or written communication with individual Commission members is permissible in a rulemaking proceeding. The Commission will make any communication presented to or considered by an individual Commissioner part of the record. After the rulemaking record is closed, new information that is intended for the rulemaking record will be presented to the Commission as a whole upon approval of a request to reopen the rulemaking record.c. This Rule 530 will not limit the right to challenge a decision of the Commission, Administrative Law Judge, or Hearing Officer on the grounds of bias or prejudice due to any ex parte communication.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