Code of Colorado Regulations · AQCC Procedural Rules

Code of Colorado Regulations · AQCC Procedural Rules

PROCEDURAL RULES 5 CCR 1001-1

This document sets out the procedural rules for proceedings before the Air Quality Control Commission, in two parts. Part A applies to proceedings before August 1, 2025, and continues to apply on and after that date to rulemaking proceedings initiated by a Petition for Rulemaking and adjudicatory proceedings commenced by a Request for Hearing filed before August 1, 2025. Part B applies to all other proceedings before the Commission on and after August 1, 2025, and Part A no longer applies to them.

PART A

Procedural Rules for All Proceedings before the Commission before August 1, 2025 and All Rulemaking Proceedings Commenced by a Petition for Rulemaking and Adjudicatory Proceedings Commenced by a Request for Hearing Filed before August 1, 2025

Part A of the Procedural Rules applies to all Commission proceedings before August 1, 2025, and continues to apply after that date to any rulemaking started by a Petition for Rulemaking or adjudicatory proceeding started by a Request for Hearing filed before August 1, 2025. The part covers definitions, general meeting procedures, rulemaking procedures, adjudicatory procedures, public comment hearings on permit applications, public and confidential information, conflict-of-interest rules, and state implementation plan matters.

I.

This is an introductory section that describes the Commission's role, composition, and approach to proceedings; it states that abusive tactics, misrepresentations, and personal attacks on the motivation of others will not be tolerated, and it sets no deadline.

II.A.

The Commission adopted these procedural regulations under §§ 25-7-106(3) and -106(5), C.R.S., and they are intended to implement and be consistent with § 24-4-101 et seq., C.R.S. (the State Administrative Procedure Act) and § 25-7-101 et seq., C.R.S. (the Act).

II.B.

These rules govern all procedures and hearings before the Air Quality Control Commission, and where the rules specifically say so, they also govern certain procedures and hearings before the Air Pollution Control Division (part of CDPHE).