Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 520 - INTERIM DECISIONS, RECOMMENDED ORDERS AND EXCEPTIONS

Universal Citation: 2 CO Code Regs 404-1 ยง 520

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

a. Interim Decisions.

(1) Interim decisions are issued after an application is set for hearing, but are not recommended orders that may become a final decision of the Commission. A Hearing Officer or Administrative Law Judge's decision on a motion to dismiss is an interim decision, unless an application is dismissed in part or in its entirety.

(2) Interim decisions will not be subject to exceptions. However, any aggrieved party or rulemaking participant may challenge the matters determined in an interim decision in exceptions to a recommended order.

(3) Nothing in this Rule 520.a prohibits a motion for clarification of an interim decision set forth in an interim decision.

b. Recommended Orders. After due consideration of written statements, oral statements, the testimony, the evidence, and the arguments presented at hearing, the Administrative Law Judge or Hearing Officer will make a written recommended order based upon evidence in the record, consistent with the Act and any Commission Rule, permit, or order made pursuant thereto. The Administrative Law Judge or Hearing Officer will promptly transmit electronically to the Commission and the parties the record and exhibits of the proceeding and a written recommended order. The recommended order becomes a final agency action if no exceptions are filed within 20 days after service upon the parties and the Commission does not stay the recommended order on its own motion.

c. Exceptions. Pursuant to § 34-60-108(9), C.R.S., a recommended order becomes the Commission's final order unless, within 20 days or such additional time as the Commission may allow, any party or person whose petition to participate in the matter was denied files exceptions to the recommended order or the Commission orders the recommended order to be stayed. A stay of a recommended order does not automatically extend the period for filing exceptions or a motion for an extension of time to file exceptions. If exceptions are timely filed, the recommended order is stayed until the Commission rules upon them. Parties may file responses to exceptions within 14 days following service of the exceptions.

(1) The Commission will conduct a review upon the same record before the Administrative Law Judge or Hearing Officer, and a de novo review of the law.

(2) The Commission may, upon its own motion or upon the motion of a party, order oral argument regarding exceptions. The Secretary will set the time allotted for argument. The Commission may terminate argument whenever, in its judgment, further argument is unnecessary. The party filing exceptions is entitled to open and conclude the argument. Arguments will be limited to issues raised in the exceptions, unless the Commission orders otherwise.

d. An Administrative Law Judge or Hearing Officer's recommended order will be an initial decision for purposes of filing an exception pursuant to the state Administrative Procedure Act.

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