Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 509 - PREHEARING PROCEDURES FOR CONTESTED APPLICATIONS

Universal Citation: 2 CO Code Regs 404-1 ยง 509

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

a. The Commission encourages the use of prehearing conferences between parties to a contested matter in order to facilitate settlement, narrow the issues, identify any stipulated facts, resolve any other pertinent issues, and reduce the hearing time. A prehearing conference will be conducted at the direction of the Commission, Administrative Law Judge, or Hearing Officer upon receipt of a petition, an enforcement matter, or upon the request of the Applicant or any person who has filed a petition. For matters in which staff is a party or a staff analysis has been prepared, the Director will participate in the prehearing conference to advise the parties of the content of staff's analysis. The prehearing conference will be conducted under the following general guidelines.

b. The Commission, Administrative Law Judge, or Hearing Officer will enter a case management order that establishes:

(1) The hearing schedule;

(2) The filing deadlines;

(3) Whether discovery is permitted; and

(4) Any other procedural matters.

c. An Administrative Law Judge or Hearing Officer will preside over any prehearing conference and rule on preliminary matters.

d. The Secretary, Administrative Law Judge, or Hearing Officer will notify the Applicant and any person who has filed a petition of the prehearing conference, and will direct the attorneys for the parties, and parties who are not represented by an attorney, to appear in order to expedite the hearing, settle issues, or both.

e. All parties will be prepared to discuss all procedural and substantive issues and will be authorized to make binding commitments.

f. Preparation should include advance study of all materials filed and, if discovery is permitted pursuant to Rule 509.b.(3), such materials obtained through discovery.

g. Failure of a party to attend any hearing other than a rulemaking hearing, after being notified of the date, time, and place, will be a waiver of any objection and will be deemed to be a concurrence to any agreement reached, or to any order or ruling made at the hearing, including the entry of a default judgment or the dismissal of a petition.

h. A prehearing statement may be required of any party.

i. At any prehearing conference, the following matters may be considered:

(1) Offers of settlement or designation of issues;

(2) Simplification of and establishment of a list or summary of the issues;

(3) Bifurcation of issues for hearing purposes;

(4) Admissions as to, or stipulations of facts not remaining in dispute or the authenticity of documents;

(5) Limitation of the number of fact and expert witnesses;

(6) If a party seeks additional discovery beyond what was permitted by Rule 509.b.(3), a limitation on methods and extent of discovery and a discovery schedule;

(7) Disposition of procedural motions; and

(8) Other matters raised by the parties, the Commission, Administrative Law Judge, or Hearing Officer.

j. At any prehearing conference, the following information may be required:

(1) An exchange and acceptance of service of exhibits proposed to be offered in evidence, and establishment of a list of exhibits to be offered;

(2) Establishment of a list of witnesses to be called and anticipated testimony times; and

(3) A timetable for the completion of discovery, if discovery is allowed.

k. The Administrative Law Judge or Hearing Officer will reduce to writing any agreement reached or orders issued at a prehearing conference. The Administrative Law Judge or Hearing Officer may require parties to submit proposed findings or orders.

l. It is the intent of this Rule 509 that a prehearing order will be binding upon the participating parties.

m. Subsequent to the prehearing conference and prior to the hearing on a contested matter, the parties may be asked to each prepare and submit to the Administrative Law Judge or Hearing Officer a recommended order to consider for adoption at the time of hearing.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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