Current through Register Vol. 47, No. 17, September 10, 2024
A.
Business Meetings
1) The
Commission shall hold regularly scheduled meetings as required by the Act for
the conduct of its business, and such meetings are not subject to the
requirements of the APA.
2) Dates
for such meetings shall be set by agreement of the Commission
members.
3) Agendas for such
meetings shall be published and mailed to the Commission members and all
persons on the mailing list required to be kept by section 302(1)(e) of the
Act, at least five days prior to each meeting.
4) The proceedings of all such meetings shall
be taped or otherwise recorded.
5)
The chairperson of the Commission, an officer of the Commission, or a
duly-appointed member of the Commission shall preside at each business
meeting.
6) Business meetings
should be conducted in accordance with Robert's Rules of Order-Revised but may
proceed on an informal basis.
7) At
business meetings the Commission may, in addition to other business, receive
reports from the Division, the Administrator, or the Attorney General, or any
other person at the discretion of the Commission. Any person seeking Commission
action on any matter not already included on the agenda shall submit such
matter to the Commission at least seven days prior to the meeting. Matters
submitted beyond this deadline shall be considered at the next subsequent
meeting, unless the Commission determines for good cause shown that the matter
should be acted upon immediately.
8) All business meetings of the Commission
shall be open to the public. However, the Commission may, in accordance with
the Public Meetings Law, the Public Records Act, or as otherwise provided by
law, exclude the public from attendance with respect to specific individual
matters.
9) Members of the public
may participate in business meetings in an appropriate manner as determined by
the Commission in its discretion.
B.
Informal Hearings
1) The Commission may conduct informal
hearings not subject to the requirements of the APA, the
Act, the drinking water statutes or sections 21.3 and 21.4 of
this regulation in order to solicit information from the public with respect to
specified matters in order to consider for adoption interpretive rules or
statements of policy not intended to be binding, or for such other purposes as
may be appropriate. The Commission shall determine the procedures to be
followed for such hearings on a case-by-case basis.
2) The Commission may conduct administrative
action hearings that do not involve formal rulemaking, but which result in a
Commission approval action. The purposes of such hearings may include, but need
not be limited to:
a) Approval of Commission
policy documents that do not have regulatory effect and are not intended to be
binding;
b) Approval of proposed
Section 319 nonpoint source project funding priorities;
c) Approval of Section 208 water quality
management plans which shall include recommendations approved by the Commission
following deliberation;
d) Approval
of the Section 303(d) Listing Methodology, for development of Colorado's list
of impaired waters;
e) Approval of
the Section 305(b) Report on the Status of Water Quality in Colorado;
f) Approval of a Colorado Nonpoint Source
Management Program;
g) Approval of
Intended Use Plans.
Administrative action hearings are not subject to the formal
legal requirements of rulemaking hearings. Notice of such hearings will be
published in the non-rulemaking section of the Colorado Register at least 20
days in advance on the hearing. There is no formal "party status" or mailing
list status, generally written comments are not required to be mailed or
e-mailed to other hearing participants, no prehearing conference is held, and
generally no transcript is prepared. Written comments submitted prior to the
hearing are encouraged, but written or oral comments are accepted at the
hearing.
