Current through Register Vol. 47, No. 17, September 10, 2024
a. The
purpose of this Rule 514 is to ensure that the Commission's decisions are free
from personal bias and that its decision-making processes are consistent with
the concept of fundamental fairness. The provisions of this Rule 514 are in
addition to the requirements for Commission members set forth in §
24-18-101
et
seq., C.R.S. This Rule 514 should be construed and applied to further
the objectives of fair and impartial decision-making. To achieve these
standards, Commissioners, Administrative Law Judges, and Hearing Officers
should:
(1) Discharge their responsibilities
with high integrity;
(2) Respect
and comply with the law. Their conduct, at all times, should promote public
confidence in the integrity and impartiality of the Commission; and
(3) Not lend the prestige of the office to
advance their own private interests, or the private interests of others, nor
should they convey, or permit others to convey, the impression that special
influence can be brought to bear on them.
b.
Conflicts of Interest. A
conflict of interest exists in circumstances where a Commissioner,
Administrative Law Judge, or Hearing Officer has a personal or financial
interest that prejudices that person's ability to participate objectively in an
official act.
(1) A Commissioner,
Administrative Law Judge, or Hearing Officer will disclose the basis for a
potential conflict of interest to the Commission and others in attendance at
the hearing before any discussion begins or as soon thereafter as the conflict
is perceived. A conflict of interest may also be raised by other Commissioners,
the Applicant, any petitioner, any parties to the proceeding, or any member of
the public.
(2) In response to an
assertion of a conflict of interest, a Commissioner may withdraw or the
Director may designate an alternate Administrative Law Judge or Hearing
Officer. If the Commissioner does not agree to withdraw, the other
Commissioners will vote on whether a conflict of interest exists. Such vote
will be binding on the Commissioner with the conflict.
(3) In determining whether there is a
conflict of interest that warrants withdrawal, the Commission members,
Administrative Law Judge, or Hearing Officer will take the following into
consideration:
A. Whether the official act
will have a direct economic benefit on a business or other undertaking in which
the Commissioner, Administrative Law Judge, or Hearing Officer has a direct or
substantial financial interest;
B.
Whether the potential conflict will result in the Commissioner, Administrative
Law Judge, or Hearing Officer not being capable of judging a particular
controversy fairly on the basis of its own circumstances; and
C. Whether the potential conflict will result
in the Commissioner, Administrative Law Judge, or Hearing Officer having an
unalterably closed mind on matters critical to the disposition of the
proceeding.
c.
Discharge of Duties. In the
performance of its official duties, the Commission, Administrative Law Judge,
and Hearing Officer will apply the following standards:
(1) To be faithful to and constantly strive
to improve its competence in statutory and regulatory principles, and to be
unswayed by partisan interests, public clamor, or fear of criticism;
(2) To maintain order and decorum in the
proceedings before it;
(3) To be
patient, dignified, and courteous, and to require similar conduct of attorneys,
staff, and others subject to its direction and control;
(4) To afford to every person who is legally
interested in a proceeding full right to be heard according to law;
and
(5) To diligently discharge its
administrative responsibilities, maintain professional confidence in Commission
administration, and facilitate the performance of the administrative
responsibilities of other staff officials.
