Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 501 - APPLICABILITY OF RULES OF PRACTICE AND PROCEDURE
Current through Register Vol. 47, No. 17, September 10, 2024
a. General. The Commission's 500 Series Rules will be known and designated as "Rules of Practice and Procedure before the Oil and Gas Conservation Commission of the State of Colorado," and will apply to all proceedings before the Commission. The Commission's Rules will be liberally construed to secure the just, speedy, and inexpensive determination of all issues presented to the Commission, Administrative Law Judges, and Hearing Officers.
b. Prohibition of Abuse. Notwithstanding any provision of the Commission's Rules, the Commission, Administrative Law Judge, or Hearing Officer will, upon its own motion or upon the motion of a party to a proceeding, act to prohibit or terminate any abuse of process by an Applicant, petitioner, witness, or party offering a statement pursuant to Rule 512 in a proceeding. Such action may include, but is not limited to: summary dismissal of the application, petition, or other pleading; limitation or prohibition of harassing or abusive testimony; limitation or prohibition of excessive motion filing; restricted discovery; and finding a party in contempt. Grounds for such action may include, but are not limited to, the use of the Commission's procedures for reasons of obstruction and delay; misrepresentation in pleadings or testimony; or other inappropriate or outrageous conduct that is deemed by the Commission, Administrative Law Judge, or Hearing Officer to be an abuse of process.
c. Before the Commission adopts any Rule or regulation, enters any order or amendment thereof, or grants any variance pursuant to Rule 502, the Commission, Administrative Law Judge, or Hearing Officer will hold a public hearing at such time and place as may be prescribed by the Commission, Administrative Law Judge, or Hearing Officer. Any party will be entitled to be heard as provided in the Commission's Rules. The foregoing will not apply to recommended orders of uncontested matters, the issuance of an Emergency Order, Notice of Alleged Violation ("NOAV"), or Cease and Desist Order.
d. Judicial Review. Any Rule, regulation, permit, or final order of the Commission, whether approved by the Director or the Commission, is subject to judicial review pursuant to the provisions of the Administrative Procedure Act, §§ 24-4-101 -108, C.R.S. The statutory time period for filing a notice of appeal from any Commission decision commences pursuant to § 24-4-106(4), C.R.S.