C.R.S. Section 25-7-119
Hearings


(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.

Source: Section 25-7-119 — Hearings, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑7‑101
Short title
25‑7‑102
Legislative declaration
25‑7‑103
Definitions
25‑7‑103.5
Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal
25‑7‑104
Air quality control commission created
25‑7‑105
Duties of commission - technical secretary - rules - report - legislative declaration - definitions - repeal
25‑7‑105.1
Federal enforceability
25‑7‑106
Commission - additional authority
25‑7‑106.3
Commission - duties - wood-burning stoves - episodic no-burn days - rules
25‑7‑106.7
Regulations - studies - AIR program area
25‑7‑107
Commission - area classification
25‑7‑108
Commission to promulgate ambient air quality standards
25‑7‑109
Commission to promulgate emission control regulations
25‑7‑109.1
Emergency rule-making
25‑7‑109.2
Small business stationary source technical and environmental compliance assistance program - rules - advisory panel - legislative declaration - repeal
25‑7‑109.3
Colorado hazardous air pollutant control and reduction program - rules - repeal
25‑7‑109.5
Toxic air contaminants - annual toxic emissions reporting program - monitoring program - health-based standards - emission control regulations - air toxics permitting program assessment - rules - definitions
25‑7‑109.6
Accidental release prevention program
25‑7‑110
Commission - procedures to be followed in setting standards and regulations
25‑7‑110.5
Required analysis of proposed air quality rules
25‑7‑110.8
5
25‑7‑111
Administration of air quality control programs - directive - prescribed fire - review
25‑7‑112
Air pollution emergencies endangering public health anywhere in this state
25‑7‑113
Air pollution emergencies endangering public welfare anywhere in this state
25‑7‑114
Permit program - definitions
25‑7‑114.1
Air pollutant emission notices - rules - fees
25‑7‑114.2
Construction permits
25‑7‑114.3
Operating permits required for emission of pollutants
25‑7‑114.4
Permit applications - contents - rules - definitions
25‑7‑114.5
Application review - public participation
25‑7‑114.6
Emission notice - fees
25‑7‑114.7
Emission fees - fund - rules - definition
25‑7‑115
Enforcement - civil actions - definitions
25‑7‑117
State implementation plan - revisions of limited applicability
25‑7‑118
Delayed compliance orders
25‑7‑119
Hearings
25‑7‑120
Judicial review
25‑7‑121
Injunctions
25‑7‑122
Civil penalties - rules - definitions
25‑7‑122.1
Criminal penalties
25‑7‑122.5
Enforcement of chlorofluorocarbon regulations
25‑7‑122.6
Administrative and judicial stays
25‑7‑123
Open burning - penalties
25‑7‑123.1
Statute of limitations - penalty assessment - criteria
25‑7‑124
Relationship with federal government, regional agencies, and other states
25‑7‑125
Organization within department of public health and environment
25‑7‑126
Application of article
25‑7‑127
Continuance of existing rules and orders
25‑7‑128
Local government - authority - penalty
25‑7‑129
Disposition of fines - community impact cash fund - repeal
25‑7‑130
Motor vehicle emission control studies
25‑7‑131
Training programs - emission controls
25‑7‑132
Emission data - public availability - submission of 2023 reports to state auditor - definitions - repeal
25‑7‑133
Legislative review and approval of state implementation plans and rules - legislative declaration - definition
25‑7‑133.5
Approval or rescission of specific revisions to state implementation plan (SIP) after 1996
25‑7‑135
Ozone protection fund created
25‑7‑137
Requirements for legislative approval of Grand Canyon visibility transport commission or successor body advisory recommendations, reports, and interpretations
25‑7‑138
Housed commercial swine feeding operations - waste impoundments - odor emissions - fund created
25‑7‑139
Methyl tertiary butyl ether - prohibition - phase-out - civil penalty
25‑7‑140
Greenhouse gas emissions - data collection - legislative declaration - rules - reporting - forecasting - public information - definitions
25‑7‑141
Air toxics - duties of covered entities - public notice of air quality incidents - monitoring - corrective action - legislative declaration - definitions - rules
25‑7‑142
Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - definitions - legislative declaration - repeal
25‑7‑143
Emergency stationary engine exception - legislative declaration - rules - notice to revisor - repeal
25‑7‑144
Tampering with motor vehicle emission control systems - violations - exceptions - rules - reporting - definitions
25‑7‑145
Legislative interim committee on ozone air quality - created - members - repeal
25‑7‑201
Prevention of significant deterioration program
25‑7‑203
State implementation plan - contents
25‑7‑204
Exclusions
25‑7‑205
Innovative technology - waivers
25‑7‑206
Procedure - permits
25‑7‑208
Area designations
25‑7‑209
Colorado designated pristine areas for sulfur dioxide
25‑7‑210
Applicability
25‑7‑211
Visibility impairment attribution studies
25‑7‑212
Actions of federal government affecting visibility - evaluation report
25‑7‑301
Attainment program
25‑7‑302
State implementation plan - contents
25‑7‑304
Emission reduction offsets
25‑7‑305
Alternative emission reduction
25‑7‑401
Legislative declaration
25‑7‑402
Definitions
25‑7‑403
Commission - rule-making for wood-burning stoves
25‑7‑404
Wood stove testing program established
25‑7‑405
Certification required for sale
25‑7‑405.5
Resale of used noncertified wood-burning devices - prohibited
25‑7‑406
Fireplace design program
25‑7‑407
Commission - rule-making for fireplaces
25‑7‑408
Required compliance in building codes
25‑7‑409
Voluntary no-burn days
25‑7‑410
Applicability
25‑7‑411
Legislative declaration
25‑7‑412
Definitions
25‑7‑413
Methods for reducing wood smoke in program area
25‑7‑501
Legislative declaration
25‑7‑502
Definitions
25‑7‑503
Powers and duties of commission - rules - delegation of authority to division
25‑7‑504
Asbestos abatement project requirements - certificate to perform asbestos abatement - certified trained persons
25‑7‑505
Certificate to perform asbestos abatement - application - approval by division - suspension or revocation of certificate
25‑7‑505.5
Testing for certification under part 5
25‑7‑506
Certificate of trained supervisors - application - approval by division - rules - responsibilities of trained supervisors - renewal of certificate
25‑7‑506.5
Certification of air monitoring specialist - rules
25‑7‑507
Certification required under federal law for asbestos projects in facilities
25‑7‑507.5
Renewal of certificates - rules - recertification
25‑7‑508
Grounds for disciplinary action - letters of admonition - denial of certification - suspension, revocation, or refusal to renew - requirement for corrective education - administrative fines
25‑7‑509
Prohibition against local certification regarding asbestos abatement
25‑7‑509.5
Building permits
25‑7‑510
Fees
25‑7‑511
Enforcement
25‑7‑511.5
Injunctive proceedings
25‑7‑511.6
Refresher training - authorization
25‑7‑512
Repeal of part
25‑7‑901
Legislative declaration
25‑7‑902
Definitions
25‑7‑903
Clean air transit options for state employees
25‑7‑1001
Legislative declaration
25‑7‑1002
Air quality related values program
25‑7‑1003
Definitions
25‑7‑1004
Administration of program by division
25‑7‑1005
Verification of federal land manager’s assertion of air quality related value impairment
25‑7‑1006
Source attribution and control strategy development
25‑7‑1007
Commission to consider control strategies in rule-making proceeding
25‑7‑1008
Voluntary agreements
25‑7‑1101
Legislative declaration
25‑7‑1102
Definitions
25‑7‑1103
Powers and duties of air quality control commission - rules
25‑7‑1104
Duties of air pollution control division - certification of trained individuals
25‑7‑1105
Fees
25‑7‑1106
Enforcement
25‑7‑1107
Applicability of article - child-occupied facilities and target housing
25‑7‑1201
Legislative declaration
25‑7‑1202
Definitions
25‑7‑1203
Voluntary agreements
25‑7‑1204
Regulatory assurances
25‑7‑1205
Exceptions
25‑7‑1206
Coal-fired power plants
25‑7‑1207
Allowances
25‑7‑1208
Economic or cost-effectiveness analyses not required
25‑7‑1301
Legislative declaration
25‑7‑1302
Definitions
25‑7‑1303
Southern Ute Indian tribe/state of Colorado environmental commission created
25‑7‑1304
Commission - powers and duties - rules
25‑7‑1305
Administration of reservation air program
25‑7‑1306
Agencies of state to cooperate
25‑7‑1307
Funding for staff and program costs
25‑7‑1308
Administrative and judicial review of commission actions
25‑7‑1309
Repeal of part
25‑7‑1401
Legislative declaration
25‑7‑1402
Definitions
25‑7‑1403
Electrifying school buses grant program - creation - eligibility
25‑7‑1404
Reporting
25‑7‑1405
Electrifying school buses grant program cash fund - creation - gifts, grants, and donations - transfer
25‑7‑1406
Repeal of part
25‑7‑1501
Legislative declaration
25‑7‑1502
Definitions
25‑7‑1503
Scope and applicability
25‑7‑1504
Emission standards for new products
25‑7‑1505
Testing - required displays - demonstrations of compliance
25‑7‑1506
Rules - analysis
25‑7‑1507
Enforcement - verifications of compliance - civil action by attorney general - penalties
Green check means up to date. Up to date

Current through Fall 2024

§ 25-7-119’s source at colorado​.gov