4 Colo. Code Regs. § 723-1-1206

Current through Register Vol. 47, No. 22, November 25, 2024

Section 4 CCR 723-1-1206 - Commission Notice - Generally

(a) Except as provided in paragraph (c) of this rule, the Commission shall, within 15 days of the date an application or petition is filed, provide notice of the application or petition to any person who in the opinion of the Commission may be affected by the grant or denial of the application or petition. Unless a mailed notice is required by Commission decision or specific rule, the Commission shall give notice of applications or petitions to all persons through the E-Filings System.

(b) The notice required by paragraph (a) of this rule shall state the following:

(I) the name and address of the applicant or petitioner;

(II) the caption and proceeding number of the proceeding;

(III) the date the application or petition was filed;

(IV) a brief description of the purpose and scope of the application or petition;

(V) whether the applicant has filed testimony and is seeking a Commission decision within 120 days, or has waived the time limits under § 40-6-109.5, C.R.S.;

(VI) the date by which any objection, notice of intervention as of right, motion to permissively intervene, testimony or any other document must be filed;

(VII) the date by which Commission staff must file any objection, notice of intervention, testimony, or any other document, if different from the date(s) fixed in subparagraph (b)(VI) of this rule;

(VIII) a statement that the Commission may consider the application or petition without a hearing if:

(A) no notice of intervention as of right or motion to permissively intervene is timely filed, or

(B) no notice of intervention as of right or motion to permissively intervene requests a hearing and contests or opposes the application or petition; and

(IX) a statement that any person who files an objection, notice of intervention as of right, motion to permissively intervene, testimony, or any other document shall do so in accordance with the instructions set forth in the notice; and that the Commission may dismiss or strike any such document not filed in accordance with the instructions set forth in the notice.

(c) Nothing in paragraph (a) of this rule shall require the Commission to provide notice of:

(I) an application or petition that does not reasonably specify the information required by subparagraph (b)(IV) of this rule;

(II) a restrictive amendment of any pleading;

(III) a petition for declaratory order or a petition for rulemaking, until the Commission in its discretion opens a proceeding regarding such a petition;

(IV) a regulated intrastate carrier application that does not include the requisite filing fee; or

(V) a regulated intrastate carrier application for emergency temporary authority.

(d) Unless shortened by Commission decision or rule, the intervention period for notice mailed by the Commission shall expire 30 days after the mailing date. The Commission shall re-notice any application or petition that, through amendment or otherwise, is changed in any manner that broadens the application's or petition's purpose or scope.

(e) In addition to complying with § 24-4-103, C.R.S., the Commission shall provide a notice of proposed rulemaking to: each regulated entity that may be affected; each person who previously notified the Commission in writing that he or she desires notice of proposed rulemaking proceedings; each person who registered to receive notification of rulemakings though the E Filings System; and any other person who in the opinion of the Commission may be interested in or affected by the rulemaking proceedings.

4 CCR 723-1-1206

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 20, October 25, 2015, effective 11/14/2015

43 CR 13, July 10, 2020, effective 7/30/2020

45 CR 07, April 10, 2022, effective 4/30/2022