Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 529 - RULEMAKING PROCEEDINGS

Universal Citation: 2 CO Code Regs 404-1 ยง 529

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

a. Initiation of Rulemaking. The Commission may initiate rulemaking on its own motion or in response to an application filed by any person, including the Director. Whether to conduct a rulemaking lies within the discretion of the Commission. A rulemaking may address regulations statewide, or in a more limited geographic area such as a specific geologic basin or Field.

b. Applications for Rulemaking. Any person may petition the Commission to initiate rulemaking. All applications for rulemaking will contain the following information:

(1) The name, address, and telephone number of the person requesting the rulemaking;

(2) A copy of the rule proposed in the application and a general statement of the reasons for the requested rule;

(3) The Commission's statutory authority to enact the proposed rule; and

(4) A proposed statement of the basis and purpose for the rule.

c. Notice of Proposed Rulemaking. All rulemaking hearings of the Commission will be noticed by publication in the Colorado Register not less than 20 days prior to the hearing and as otherwise specified in the Administrative Procedure Act, § 24-4-103, C.R.S.

d. Development of Proposed Rules. Prior to the notice of proposed rulemaking, the Commission or Director will establish a representative group of participants with an interest in the subject of the rulemaking pursuant to § 24-4-103(2), C.R.S. The Commission or Director may also use other means to gather information, including, but not limited to public forums, investigation by Commission Staff, and formation of rulemaking teams. Commissioners may participate in such informal proceedings.

(1) Colorado Parks and Wildlife Consultation. For new basin-wide orders or modifications of existing basin-wide or Field-wide orders, on issues pertaining to Wildlife Resources or wildlife-related environmental concerns or protections, or for development acreage that intersects High Priority Habitat, the Commission will consult with CPW during the stakeholder process.

(2) The Director will consult with the CDPHE when the Commission develops a regulation that can reasonably be anticipated to have impacts on public health, welfare, safety, or the environment.

(3) The Director will consult with the CDPHE when an Operator requests a modification of an existing Commission order to increase Well density or otherwise proposes a Well density of more than 1 Well per 40 acres.

e. Content of Notice. The notice will state the time, date, place, and general subject matter of the hearing to be held. It may include a statement indicating whether an informal public meeting will be held, the time, date, place, and general purpose of the meeting, any special procedures the Commission deems appropriate for the particular rulemaking proceeding and a statement encouraging public participation. The notice will state that the proposed regulations will be available upon request from the office of the Commission, and the date of availability. The notice will include a short and plain statement that summarizes the intended action and states generally the basis and purpose of the Rules.

f. The Rulemaking Hearing. The Commission will hold a formal public hearing before promulgating any Rules or regulations. At that hearing, the Commission will afford any person an opportunity to submit data, views, or arguments. The Commission may limit such testimony or presentation of evidence, including oral testimony or presentations, at its discretion and may prohibit repetitive, irrelevant, or harassing testimony.

g. Conduct of Rulemaking Hearings.

(1) The Commission encourages any person to participate at rulemaking hearings. The times at which the public may participate will be determined at the discretion of the Commission. The Commission may, at its discretion, limit the amount of time a person may use to comment or make public statements. Oaths will not be required for public participation.

(2) The Commission encourages witnesses to make plain, brief, and simple statements of their positions. It also encourages submittal of written statements prior to hearing, with only an oral summary of such a statement at the hearing. In its discretion, the Commission may allow only pre-filed written testimony and oral testimony or presentations at a rulemaking hearing.

(3) The order of presentation at a rulemaking hearing will be as established by the Commission at the hearing.

(4) The Commission has the discretion to continue rulemaking hearings by announcement at the rulemaking hearing without republishing the proposed Rules.

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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