2 Colo. Code Regs. § 410-2-8
Current through Register Vol. 47, No. 19, October 10, 2024
Rule 2 CCR 410-2-8 - Hearing OfficersA. Pursuant to § 37-90-113(2), C.R.S., the Commission may designate an Agent or Hearing Officer who is technically qualified to conduct or assist in such hearings to make an Initial Decision. The Commission may also designate an agent or Hearing Officer to conduct fact finding and present recommendations concerning designated ground water basin determinations or rulemakings as required under §§ 37-90-106 & 37-90-111(h), C.R.S. Appeals of rulings of the agent or Hearing Officer designated by the Commission shall be reviewed at any regular or special Commission meeting at the location chosen by the Commission for that meeting.B. No Person engaged in conducting a hearing or rulemaking shall be responsible to or subject to the supervision or direction of any officer, employee or agent engaged in the performance of investigatory or prosecuting functions for the Commission or Division of Water Resources. Sections 24-4-105(3) and (6), C.R.S.C. Upon the filing in good faith by a Party of a timely and sufficient affidavit of personal bias of the Hearing Officer, the Hearing Officer shall forthwith rule upon the allegations in such affidavit as part of the record in the case. A Person designated to conduct a hearing may at any time withdraw if they deem themselves disqualified or for any other good reason in which case another Person or Hearing Officer may be assigned by the Commission to continue the hearing, and they shall do so in such manner that no substantial prejudice to any Party results therefrom. Section 24-4-105(3), C.R.S.D. After complying with Rule 8.C, if the Parties are dissatisfied with the Person or Persons appointed by the Commission to conduct the hearing or act as Hearing Officer, they may request the Commission to appoint another Person or Persons. Requests shall be accompanied by a detailed statement of the reasons justifying the request and shall include the identity of other Parties that support the request. The Commission shall have discretion in whether to grant or deny any request under this Rule 8.D.