4 Colo. Code Regs. § 723-11-11508

Current through Register Vol. 47, No. 17, September 10, 2024

Section 4 CCR 723-11-11508 - Consent Stipulations

(a) If a matter has been set for hearing at any time before the issuance of a decision by the Commission, the PSP Chief and the operator may agree to dispose of the matter by a consent stipulation. The consent stipulation shall be submitted to the Commission for approval or rejection.

(b) A consent stipulation executed under this rule shall include the following:

(I) an admission by the operator of facts;

(II) an express waiver by the operator of further procedural steps, including (without limitation) its right to a hearing; its right to seek judicial review, or otherwise to challenge or to contest the validity of the consent stipulation; and its right to seek judicial review of the Commission order accepting the consent stipulation;

(III) an acknowledgment by the operator that the NPV may be used to construe the terms of the consent stipulation; and

(IV) a statement of the actions that the operator will take and the date by which such actions shall be completed.

(c) As appropriate, a consent stipulation executed under this rule may include a civil penalty.

4 CCR 723-11-11508

44 CR 04, February 25, 2021, effective 3/17/2021