Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 522 - SERVICE

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

a. A person filing any application, petition, pleading, or other document will serve a copy, including all supporting attachments or exhibits, on every other party in the docketed matter. Service of all pleadings or other documents will be accomplished electronically in a manner determined by the Director.

b. Enforcement Documents. The Director will serve an NOAV, a Notice of Hearing of an enforcement action, or an OFV on the Operator or the Operator's Designated Agent and other parties as necessary by personal delivery or by certified mail, return receipt requested, to the address the Operator has on file with the Commission pursuant to Rule 205. All other documents in enforcement cases will be served electronically in a manner determined by the Director.

c. Complainant. Notice to a complainant may be served by confirmed electronic mail (unless previously objected to by a party) or by first class mail to the address provided. Where notice is sent electronically, notice is perfected when sent. Where notice is sent by first class mail, notice is perfected 5 days after mailing.

d. Petitions for Review. A Petition for Review by a complainant will be served on the Operator or the Operator's Designated Agent to the address on file with the Commission electronically in a manner as determined by the Director. If the complainant is unable to serve the Petition for Review electronically, the complainant will serve it by certified mail, return receipt requested. A complainant will serve its Petition for Review on the Operator within 7 days following filing of the petition. All other documents in a Petition for Review proceeding will be served on all parties electronically (unless previously objected to by a party).

e. Cease and Desist Orders. In Emergency Situations, a Cease and Desist Order may be served electronically in a manner as determined by the Director, followed by a copy served on the Operator or the Operator's Designated Agent by personal delivery or by certified mail, return receipt requested, to the address the Operator has on file with the Commission pursuant to Rule 205.

f. Service by Certified Mail. When service is accomplished through certified mail it will be perfected at the earliest of:

(1) The date of receipt;

(2) The date shown on the return receipt; or

(3) 5 days after mailing.

g. Service by First Class Mail. If a party or person lacks access to file or receive documents electronically in a manner as determined by the Director, service will be made by first class mail. When service is accomplished through first class mail, it is perfected 5 days after mailing. Service by first class mail may not be substituted for service by certified mail when service by certified mail is required by Commission Rule or the Act.

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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