(1)Not more than thirty calendar days after a hearing
has been requested as provided in this article 7, the commission must act upon such
request. If granted, the commission shall set a time and place for the hearing not
more than ninety calendar days following the first regularly scheduled commission
meeting after receipt of the hearing request, unless a shorter period is otherwise
specifically provided for in this article 7. Notice of the hearing must be printed in a
newspaper of general circulation in the area in which the proposed project or
activity is located at least thirty days prior to the date of the hearing.
(2)The division shall appear as a party in any hearing before the commission
and shall have the same rights to judicial review as any other party.
(2.5) The divi
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(1) Not more than thirty calendar days after a hearing
has been requested as provided in this article 7, the commission must act upon such
request. If granted, the commission shall set a time and place for the hearing not
more than ninety calendar days following the first regularly scheduled commission
meeting after receipt of the hearing request, unless a shorter period is otherwise
specifically provided for in this article 7. Notice of the hearing must be printed in a
newspaper of general circulation in the area in which the proposed project or
activity is located at least thirty days prior to the date of the hearing.
(2) The division shall appear as a party in any hearing before the commission
and shall have the same rights to judicial review as any other party.
(2.5) The division or the federal environmental protection agency, or both,
may appear as parties pursuant to subsection (5) of this section in any hearing
before the commission. The federal environmental protection agency is encouraged
to participate in the hearing process early and often so that its interpretations are
heard. If the federal environmental protection agency does not comply with the
provisions of this subsection (2.5), the commission may not receive evidence from
such agency in any hearing related to stationary sources conducted pursuant to
this section, and any subsequent opinions by such agency shall carry no weight
before the commission or in any judicial proceeding.
(3) All testimony taken at any such hearing before the commission shall be
under oath or affirmation. A full and complete record of all proceedings and
testimony presented shall be taken and filed. The stenographer shall furnish, upon
payment and receipt of any fees allowed therefor, a certified transcript of the
whole or any part of the record to any party in such hearing requesting the same.
(4) Any information relating to secret processes or methods of manufacture
or production which may be required, ascertained, or discovered shall not be
publicly disclosed in public hearings or otherwise and shall be kept confidential by
any member, officer, or employee of the commission or the division. Any person
seeking to invoke the protection of this subsection (4) in any hearing shall bear the
burden of proving its applicability. Except as provided in the federal act,
information claimed to be related to secret processes or methods of manufacture
or production but which constitutes emission data may not be withheld as
confidential; except that such information may be submitted under a claim of
confidentiality, and the division shall not disclose any such information to the public
unless required under the federal act.
(5) At any hearing, any person who is affected by the proceeding and whose
interests are not already adequately represented shall have the opportunity to be a
party thereto upon prior application to and approval by the commission in its sole
discretion, as deemed reasonable and proper by said commission, and such person
shall have the right to be heard and to cross-examine any witness.
(6) After due consideration of the written and oral statements, the
testimony, and the arguments presented at any such hearing, the commission shall
make its findings and order, based upon evidence in the record, or make such
determination of the matter as it shall deem appropriate, consistent with the
provisions of this article and any rule, regulation, or determination promulgated by
the commission pursuant thereto. Unless a time period is otherwise specifically
provided for in this article, such finding and order or determination shall be made
within thirty calendar days after the completion of such hearing.
(7) In all proceedings before the commission with respect to any alleged
violation of any provision of this article, regulation of the commission, order or
permit or terms or conditions thereof, or requirement of the state implementation
plan, the burden of proof shall be upon the division.
(8) The applicant for a permit or delayed compliance order, or any
modification thereof, and the petitioner for any amendment to the state
implementation plan shall bear the burden of proof with respect to the justification
therefor and the information, data, and analysis supportive thereof or required with
respect to such application or petition.
(9) Repealed.
(10) Every hearing granted by the commission shall be conducted by the
commission, and every hearing shall comply with the provisions of this article and
the provisions of article 4 of title 24, C.R.S.