§ 25-15-305 — Judicial review

(1) (a) Any final rule issued by the commission
shall be subject to judicial review in accordance with the provisions of this article
and article 4 of title 24, C.R.S.

(b) Judicial review of any rules promulgated by the commission shall be filed
in the district court for the second judicial district.

(2) (a) Except as provided in section 25-15-308, any final determination
issued by the department pursuant to this part 3, including but not limited to,
permit determinations, permit terms or conditions, determinations regarding
closure plans, or determinations regarding permits, closure plans, or corrective
action plans required by a compliance order, shall be subject to review in
accordance with the provisions of this section and section 24-4-106, C.R.S. A
hearing pursuant to section 24-4-105, C.R.S., shall not be required prior to the
issuance of any final determination described in this paragraph (a).

(b) Any proceeding for judicial review of any final determination of the
department shall be filed in the district court for the district in which the site or
facility is or may be located.

(c) Any proceeding for judicial review of any final determination of the
department described in paragraph (a) of this subsection (2) shall be filed within
thirty days after said determination has become effective. Such determination shall
become effective upon issuance or upon such later date as is specified in such
determination.

(d) The contested provisions of a determination under review and the
uncontested provisions that are not severable from such contested provisions, as
determined by the department, shall be stayed during the pendency of the judicial
review of such determination. All other provisions of the department's
determination under review shall be fully effective unless, upon application and a
showing of good cause by a party to the judicial review, the court stays such other
provisions. The stay of any portion of a determination pursuant to this paragraph (d)
shall have no effect on the obligations of the person to whom such determination
applies to comply with applicable laws, regulations, and valid existing orders. The
commission shall promulgate regulations governing the continuance of existing,
expiring, or superseded permits, closure plans, or corrective action plans during the
time period of any appeal of such determination pursuant to this section.

(e) Upon motion of a party to the judicial review, and in the discretion of the
court, the court may request an interpretive rule from the commission pertaining to
any rule adopted pursuant to this part 3 which is at issue in the judicial review only
in the event that there is no genuine issue of material fact, or in the event that the
parties have stipulated to the material facts for the purposes of such interpretive
rule. The court may adjust the schedule of the judicial review to accommodate the
receipt of such information. Notwithstanding the provisions of section 24-4-103 (1),
C.R.S., in the event that an interpretive rule is requested by the court and the
commission agrees to issue such an interpretation, notice to the public of the
interpretive rule-making proceeding shall be given in accordance with the
provisions of section 24-4-103, C.R.S. Such notice shall be provided within forty-five
days following the receipt of the request. The commission shall receive written
material, not to exceed fifteen pages in length, from any interested person no later
than fifteen days following the date that notification is given. The commission shall
issue the written interpretive rule no later than thirty days following the deadline
for the receipt of any such written material. The legal effect of any such
interpretive rule shall be determined in accordance with applicable law and is not
presumed to be binding on any party to the judicial review.

Legislative History

Source: L. 81: Entire article R&RE, p. 1357, � 1, effective July 1. L. 92: Entire section R&RE, p. 1245, � 8, effective August 1.