5 Colo. Code Regs. § 1001-1-II

Current through Register Vol. 47, No. 18, September 25, 2024

Section 5 CCR 1001-1-II - SCOPE, PURPOSE, AND AUTHORITY

II.A. These procedural regulations are adopted pursuant to the authority conferred upon the Commission in §§ 25-7-106(3) and-106(5), C.R.S., and are intended to implement and be consistent with the requirements of the State Administrative Procedures Act, § 24-4-101 et seq., C.R.S., as amended (the APA), and the Colorado Air Pollution Prevention and Control Act, § 25-7-101 et seq., C.R.S., as amended (the Act).

II.B. These regulations govern all procedures and hearings before the Commission. Where specifically stated, they also govern certain procedures and hearings before the Air Pollution Control Division within the Colorado Department of Public Health and Environment.

II.C. These regulations do not apply to interpretive rules or general statements of policy issued by the Commission that are not intended to be binding.

II.D. Except when necessary to comply with applicable statutes or to provide due process, the requirements of these procedural regulations may be waived by the Commission whenever it is determined that strict adherence to the rules is not in the best interest of fairness, impartiality, or an efficient proceeding before the Commission. A party to any proceeding before the Commission who, during the proceeding, fails to raise an objection regarding lack of compliance with any procedural requirement of these regulations waives that issue for the purpose of judicial review.

II.E. In the event of a conflict between these regulations and the APA or the Act, the statutes prevail. Where a conflict between the APA and the Act arises, and the Act is more specific, the Act takes precedence.

II.F. The records of the Commission are open to the public for inspection during normal business hours unless confidential treatment of specified records is required under provision of law. Many Commission records are available online; please contact the Commission Office for further information.

5 CCR 1001-1-II

44 CR 16, August 25, 2021, effective 9/14/2021