2 Colo. Code Regs. § 410-2-3
Current through Register Vol. 48, No. 1, January 10, 2025
Rule 2 CCR 410-2-3 - ApplicabilityA. These Rules apply to rulemakings, adjudicatory proceedings, declaratory orders, reconsideration of rulemaking decisions, and reconsideration of adjudicatory proceedings before the Commission. Adjudicatory proceedings include, but are not limited to, the granting, renewal, denial, revocation, suspension, annulment, limitation or modification of licenses or permits, applications for water right permits, changes in water right permits, applications for replacement plans, and applications for determinations of water rights.B. Except when necessary to comply with applicable statutes, the Commission may waive the requirements of these Rules by timely written notice to all Interested Persons, Agencies, and Parties whenever it is determined that strict adherence to the rules will not promote fairness and impartiality. In any such instance, appropriate justification shall be provided to all Interested Persons, Agencies, and Parties.C. In the event of a conflict between these rules and the APA, the Management Act or statutes, the statutes shall prevail. The provisions of the APA generally apply to all hearings held by the Commission. Specifically, the provisions of § 24-4-103, C.R.S., shall apply to all rulemaking hearings, the provisions of § 24-4-104, C.R.S., shall apply to all decisions regarding the grant, renewal, denial, revocation, suspension, annulment, limitation or modification of Licenses (permits), and the provisions of § 24-4-105, C.R.S., shall apply to all Adjudicatory Proceedings and petitions for declaratory orders unless such provisions are inconsistent with the specific provisions of the Management Act, in which case those statutory provisions shall control.