Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 517 - APPLICABILITY OF COLORADO COURT RULES AND ADMINISTRATIVE NOTICE

Universal Citation: 2 CO Code Regs 404-1 ยง 517

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

a. The Colorado Rules of Civil Procedure apply to Commission proceedings unless they are inconsistent with the Commission's Rules or the Act, or as the Administrative Law Judge or Hearing Officer may otherwise direct on the record during prehearing proceedings or by written order.

b. In general, the Colorado Rules of Evidence applicable before a trial court without a jury will be applicable in matters before the Commission, providing that such rules may be relaxed, where, by so doing, the ends of justice will be better served.

(1) To promote uniformity in the admission of evidence, the Commission, Administrative Law Judge, or Hearing Officer, to the extent practical, will observe and conform to the Colorado Rules of Evidence applicable in civil non-jury cases in the district courts of Colorado.

(2) When necessary to ascertain facts affecting substantial rights of the parties to a proceeding, the Commission, Administrative Law Judge, or Hearing Officer may receive and consider evidence not admissible under the Rules of Evidence, if the evidence possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.

(3) Informality in any proceeding or in the manner of taking testimony will not invalidate any Commission order, decision, Rule, or regulation.

c. Administrative Notice. The Commission, Administrative Law Judge, or Hearing Officer may take administrative notice of:

(1) Constitutions and statutes of any state, tribe, and of the United States;

(2) Rules, regulations, official reports, decisions, and orders of local, state, and federal administrative agencies;

(3) Decisions and orders of federal and state courts;

(4) Commission and Commission Staff reports, data, files, documents, and records;

(5) Matters of common knowledge and undisputed technical or scientific fact;

(6) Matters that may be judicially noticed by a Colorado district court in a civil case; and

(7) Matters within the expertise of the Commission or Commission Staff.

d. Upon receipt of an objection to any discovery issued pursuant to Rule 509.b.(3), the Commission, Administrative Law Judge, or Hearing Officer has the discretion to limit the scope of the discovery sought to matters that are within the scope of the Commission's jurisdiction under the Act, or otherwise.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.