§ 40-6-102 — Service - fees - depositions - examination of witnesses

Colorado § 40-6-102

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Hearings and Investigations

Text

(1) The
commission, each commissioner, an administrative law judge with respect to
matters referred to such judge, and the director of the commission have power to
issue notices, orders to satisfy or answer, summonses, subpoenas, and commissions
to take the deposition of any witness whose testimony is required in any proceeding
pending before the commission in like manner and to the same extent as courts of
record. The process issued by the commission, any commissioner, an administrative
law judge, or the director of the commission shall extend to all parts of the state
and beyond the boundaries thereof as may be provided by law or the Colorado rules
of civil procedure and may be served by any person authorized to serve process of
courts of record, by any person designated for that purpose by the commission or a
commissioner, or by first-class mail, postage prepaid, as provided in section 40-6-108. The person executing any such process shall receive such compensation as
may be allowed by the commission, not to exceed the fees now prescribed by law
for similar services, and such fees shall be paid in the same manner as provided for
payment of the fees of witnesses.

(2) In any investigation, inquiry, hearing, or other proceeding pending before
the commission, any commissioner, or any administrative law judge of the
commission, the depositions of witnesses may be taken, both within and without the
state of Colorado, under the same circumstances and in the same manner as
provided by the Colorado rules of civil procedure for the taking of depositions in
courts of record.

(3) A party to the record of any investigation, inquiry, hearing, or other
proceeding pending before the commission, any commissioner, any administrative
law judge of the commission, or a person for whose immediate benefit such
investigation, hearing, or other proceeding is prosecuted or defended, or the
directors, officers, superintendent, or managing agent of any corporation which is a
party to the record in such investigation, hearing, or other proceeding may be
examined upon the hearing thereof, or upon deposition, or both, as if under cross-examination at the instance of the commission or any adverse party, and for that
purpose may be compelled, in the same manner and subject to the same rules for
examination as any other witness, to testify; but the party calling for such
examination shall not be concluded thereby but may rebut it by counter testimony.

Legislative History

Source: L. 13: p. 489, � 39. C.L. � 2948. CSA: C. 137, � 39. L. 45: p. 527, � 5. CRS 53: � 115-6-2. C.R.S. 1963: � 115-6-2. L. 69: p. 940, � 34. L. 89: Entire section amended, p. 1527, � 10, effective April 12. L. 2003: (1) amended, p. 1705, � 19, effective May 14.