3 Colo. Code Regs. § 708-1-10.8
Current through Register Vol. 47, No. 11, June 10, 2024
Rule 3 CCR 708-1-10.8 - Declaratory Orders(A) These rules are adopted pursuant to § 24-4-105(11), C.R.S., in order to provide for a procedure for entertaining requests for declaratory orders to terminate controversies or to remove uncertainties with regard to the applicability of statutory provisions or rules or orders of the Commission to persons defined in the rules.(B) Any person may petition the Commission for a declaratory order to terminate controversies or to remove uncertainties as to the applicability to the petitioner of any statutory provision or of any rule or order of the commission.(C) The Commission will determine, in its discretion and without notice to petitioner, whether to rule upon any such petition. If the Commission determines that it will not rule upon such a petition, the Commission shall promptly notify the petitioner of its action and state the reasons for such action.(D) In determining whether to rule upon a petition filed pursuant to this rule, the Commission will consider the following matters, among others:(1) Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision or rule or order of the Commission.(2) Whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Commission or a court involving one or more of the petitioners.(3) Whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Commission or a court but not involving any petitioner.(4) Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.(5) Whether the petitioner has some other adequate legal remedy which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule or order in question.(E) Any petition filed pursuant to this rule shall set forth the following: (1) The name and address of the petitioner.(2) The statute, rule or order to which the petition relates.(3) A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner.(F) If the Commission determines that it will rule on the petition, the following procedures shall apply:(1) The Commission may rule upon the petition based solely upon the facts presented in the petition. In such a case: (a) Any ruling of the Commission will apply only to the extent of the facts presented in the petition and any amendment to the petition.(b) The Commission may order the petitioner to file a written brief, memorandum or statement of position.(c) The Commission may set the petition, upon due notice to petitioner, for a non- evidentiary hearing.(d) The Commission may dispose of the petition on the sole basis of the matters set forth in the petition.(e) The Commission may request the petitioner to submit additional facts, in writing. In such event, such additional facts will be considered as an amendment to the petition.(f) The Commission may take administrative notice of facts pursuant to the State Administrative Procedure Act [§ 24-4-105(8), C.R.S.], and may utilize its experience, technical competence and specialized knowledge in the disposition of the petition.(g) If the Commission rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision.(2) The Commission may, in its discretion, set the petition for hearing under § 24-4-105, C.R.S., upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the Commission intends to inquire. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Commission to consider.(G) The parties to any proceeding pursuant to this rule shall be the Commission and the petitioner. Any other person may seek leave of the commission to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the Commission. A petition to intervene shall set forth the same matters as required by Rule 10.9(E) of this rule. Any reference to a "petitioner" in this rule also refers to any person who has been granted leave to intervene by the Commission.(H) Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute final agency action subject to judicial review pursuant to § 24-4-106, C.R.S.37 CR 22, November 25, 2014, effective 12/15/201443 CR 12, June 25, 2020, effective 7/15/202045 CR 01, January 10, 2022, effective 1/30/202246 CR 04, February 25, 2023, effective 3/30/202346 CR 23, December 10, 2023, effective 12/30/2023