(1) The commission shall prescribe
rules and regulations governing the practice and procedure before it.
(2) No rule, regulation, or order, or amendment thereof, shall be made by the
commission without a hearing upon at least twenty days' notice, except as provided
in this section. The hearing shall be held at such time and place as may be
prescribed by the commission, and any interested person shall be entitled to be
heard.
(3) When an emergency requiring immediate action is found by the
commission to exist, it is authorized to issue an emergency order without notice of
hearing, which shall be effective upon promulgation, but no such order shall remain
effective for more than fifteen days.
(4) Any notice required by this article, except as provided in this section,
shall be given by the commission either by mailing a copy thereof, postage prepaid,
to the last-known mailing address of the person to be given notice, or by personal
service. In addition, the commission shall cause one publication of such notice, at
least ten days prior to the hearing, in a newspaper of general circulation in the city
and county of Denver and in a newspaper of general circulation in the county where
the land affected, or some part thereof, is situated. The notice shall issue in the
name of the state, shall be signed by the commission or the secretary of the
commission, shall specify the style and number of the proceeding and the time and
place at which the hearing will be held, shall state the time within which protests to
the granting of a petition shall be filed if a petition has been filed, and shall briefly
state the purpose of the proceeding. Should the commission elect or be required to
give notice by personal service, such service may be made by any officer authorized
to serve summonses or by any agent of the commission in the same manner and
extent as is provided by law for the service of summons in civil actions in the district
courts of this state. Proof of service by such agent shall be by his affidavit, and
proof of service by an officer shall be in the form required by law with respect to
service of process in civil actions. In all cases where there is an application for the
entry of a pooling order or unitization order, or an application for an exception from
an established well spacing pattern, or a complaint is made by the commission or
any party that any provision of this article, or any rule, regulation, or order of the
commission, is being violated, notice of the hearing to be held on such application
or complaint shall be served on the interested parties either by mail as provided in
this subsection (4) or in the same manner as is provided in the Colorado rules of civil
procedure for the service of process in civil actions in the district courts of this
state.
(5) Any person who believes that he may be an interested party in any
proceeding before the commission may file with the commission a request for
notices, and thereafter for a period as determined by the commission, not to exceed
three years, such person shall be entitled to receive notice by mail of the filing of all
petitions upon which a hearing may be held. The filing of a request for notices by a
person shall be deemed to be a consent by that person to service of notice by mail
at the address shown on the request filed by him in those proceedings in which
notice by mail may be given. A request for notices filed under provisions of this
subsection (5) may be withdrawn or a new request filed at any time by the person
filing the same.
(6) All rules, regulations, and orders issued by the commission shall be in
writing, shall be entered in full in books kept by the commission for that purpose,
shall be indexed, shall show the date on which such entry was made in the books,
which date shall be the date of entry for the purpose of section 34-60-111, and shall
be public records open for inspection at all times during reasonable office hours.
Except for orders establishing or changing rules of practice and procedure, all
orders made and published by the commission shall include or be based upon
written findings of fact, which said findings of fact shall be entered and indexed as
public records in the manner provided by this section. A copy of any rule, regulation,
finding of fact, or order, certified by the commission or by its secretary, shall be
received in evidence in all courts of this state with the same effect as the original.
(7) The commission may act upon its own motion, or upon the petition of any
interested person. On the filing of a petition concerning any matter within the
jurisdiction of the commission, it shall promptly fix a date for a hearing thereon and
shall cause notice of the filing of the petition and of the date for the hearing
thereon to be given. Any interested party desiring to protest the granting of the
petition shall, at least three days prior to the date of the hearing, file a written
protest with the commission, which shall briefly state the basis of the protest. Upon
a showing that all interested parties have consented in writing to the granting of
the petition without a hearing, the commission may enter an order granting the
petition forthwith and without a hearing. In all other cases, the hearing shall be held
at the time and place specified in the notice, and all persons who have filed a timely
protest shall be given full opportunity to be heard. If no protest to the granting of
the petition has been made, the commission may enter an order based upon the
facts stated in the verified petition, without the necessity of taking testimony or the
making of a record. The commission shall enter its order within thirty days after the
hearing. Any person affected by any order of the commission shall have the right at
any time to apply to the commission to repeal, amend, modify, or supplement the
same.
(8) Any person who files a protest with the commission pursuant to the
provisions of subsection (7) of this section shall at the same time serve a copy
thereof on the person filing the petition. Such service shall be made by mailing a
copy of the protest, postage prepaid, to the petitioner.
(9) Whenever any hearing or other proceeding is assigned to an
administrative law judge, hearing officer, or individual commissioner for hearing, the
administrative law judge, hearing officer, or commissioner, after the conclusion of
the hearing, shall promptly transmit to the commission and the parties the record
and exhibits of the proceeding and a written recommended decision that contains
the findings of fact, conclusions, and recommended order. A party may file an
exception to the recommended order; but if no exceptions are filed within twenty
days after service upon the parties, or unless the commission stays the
recommended order within that time upon its own motion, the recommended order
becomes the decision of the commission and subject to section 34-60-111. The
commission upon its own motion may, and where exceptions are filed shall, conduct
a de novo review of the matter upon the same record, and the recommended order
is stayed pending the commission's final determination of the matter. The
commission may adopt, reject, or modify the recommended order.
(10) The director of the commission may hire and designate employees of the
commission as administrative law judges who have the authority to administer
oaths, examine witnesses, receive evidence, and conduct hearings, investigations,
and other proceedings on behalf of the commission.