Current through Register Vol. 47, No. 17, September 10, 2024
a. A
person who may be adversely affected or aggrieved by an application may submit
a petition to the Commission as an Affected Person to participate formally as a
party in an adjudicatory proceeding. The petition will set forth a brief and
plain statement of the facts which entitle that person to be admitted and the
matters that the person claim should be decided. The Commission, Administrative
Law Judge, or Hearing Officer may admit any person or agency as a party to the
proceeding for limited purposes.
(1) Federal
agencies, state agencies, tribal governments, Relevant Local Governments, and
special districts with legal authority over the application are Affected
Persons.
(2) For purposes of an
application filed pursuant to Rule 503.g.(1), Surface Owners and residents
(including owners and tenants) of Building Units located within 2,000 feet of a
proposed Working Pad Surface are Affected Persons.
(3) For all persons other than those listed
in Rules 507.a.(1) & (2), the person's petition will:
A. Identify an interest in the activity that
is adversely affected by the proposed activity;
B. Allege such interest could be an
injury-in-fact if the application is granted; and
C. Demonstrate that the injury alleged is not
common to members of the general public.
(4) When determining if a person is an
Affected Person all relevant factors will be considered, including, but not
limited to, the following:
A. Whether the
interest claimed is one protected or adversely affected by the
application;
B. Whether a
reasonable relationship exists between the interest claimed and the activity
regulated;
C. Likely impacts and
magnitude of impacts of the regulated activity on the health, safety, welfare,
or use of property of the person;
D. Likely impacts of the regulated activity
on the impacted natural resources or wildlife used or enjoyed by the person;
or
E. For a Governmental Agency not
identified in Rule 507.a.(1), its legal authority over or interest in the
issues relevant to the application.
b. For purposes of an application filed
pursuant to Rule 503.g.(2), only a mineral Owner within the unit, Relevant
Local Government, CDPHE, or CPW may file a petition.
c. A petition filed by the Relevant Local
Government, CDPHE, or CPW will be granted.
d. The petition will be filed with the
Commission and served on the Applicant's counsel, if the Applicant is
represented by counsel, at least 30 days before the hearing. If the Applicant
is not represented by counsel, service will be made on the Applicant.
e. Pursuant to Rule 510.l, the filing
deadline for the filing of petitions may be extended for good cause upon any
continuance of a hearing.
f. All
petitions will include:
(1) The application
docket number;
(2) A general
statement of the factual or legal basis for the petition based on the
application;
(3) A statement and
support for why the person filing the petition meets the definition of an
Affected Person;
(4) A statement of
the relief requested;
(5) A written
description of the case the Affected Person plans to present to the Commission
including a list of proposed witnesses;
(6) A time estimate to hear the
petition;
(7) A certificate of
service attesting that the pleading has been served on the Applicant and any
other party in the proceeding; and
(8) If applicable, the name, mailing address,
phone number, and email address of the petitioner's legal counsel or the
petitioner themselves if not represented by legal counsel.
g. The Commission, Administrative Law Judge,
or Hearing Officer may require any additional information necessary pursuant to
the Commission's Rules to ensure the petition is complete. The Commission,
Administrative Law Judge, or Hearing Officer has the discretion to summarily
dismiss without prejudice any petition that does not meet the informational
requirements set forth in this Rule.
