§ 40-6-118 — Valuations - hearings - findings - review

(1) For the purpose of
ascertaining the matters and things specified in section 40-4-110, concerning the
value of the property of public utilities, the commission may cause a hearing to be
held at such time and place as the commission may designate. Before any hearing is
had, the commission shall give the public utility affected thereby at least thirty
days' written notice, specifying the time and place of such hearing, and such notice
shall be sufficient to authorize the commission to inquire into the matters
designated in this section and pursuant to section 40-6-111, but this provision shall
not prevent the commission from making any preliminary examination or
investigation into the matters herein referred to or from inquiring into such matters
in any other investigation or hearing. All public utilities affected shall be entitled to
be heard and to introduce evidence at such hearing. The commission is empowered
to resort to any other source of information available. The evidence introduced at
such hearing shall be reduced to writing and certified under the seal of the
commission. The commission shall make and file its findings of fact in writing upon
all matters concerning which evidence has been introduced before it which in its
judgment have bearing on the value of the property of the public utility affected.
Such findings shall be subject to review by the district court in the same manner
and within the same time as other orders and decisions of the commission.

(2) The findings of the commission so made and filed, when properly certified
under the seal of the commission, shall be admissible in evidence in any action,
proceeding, or hearing before the commission or any court, in which the
commission, the state, or any officer, department, or institution thereof, or any
county, city and county, municipality, or other body politic and the public utility
affected may be interested, whether arising under the provisions of this title, or
otherwise, and such findings, when so introduced, shall be conclusive evidence of
the facts therein stated as of the date therein stated under conditions then existing,
and such facts can only be controverted by showing a subsequent change in
conditions bearing upon the facts therein determined. The commission, from time to
time, may cause further hearings and investigations to be had for the purpose of
making revaluations or ascertaining the value of any betterments, improvements,
additions, or extensions made by any public utility subsequent to any prior hearing
or investigation, and may examine into all matters which may change, modify, or
affect any finding of fact previously made, and at such time may make findings of
fact supplementary to those theretofore made. Such hearings shall be had upon the
same notice and be conducted in the same manner, and the findings so made shall
have the same force and effect as is provided for such original notice, hearing, and
findings. Such findings made at such supplemental hearings or investigations shall
be considered in connection with and as a part of the original findings except
insofar as such supplemental findings shall change or modify the findings made at
the original hearing or investigation.

Legislative History

Source: L. 13: p. 501, � 55. C.L. � 2964. CSA: C. 137, � 55. CRS 53: � 115-6-18. C.R.S. 1963: � 115-6-18. L. 69: p. 952, � 50. L. 89: (2) amended, p. 1533, � 19, effective April 12.