Colorado Code § 40-6-108

Complaints - service - notice of hearing
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(1) (a) Complaint may be made by
the commission on its own motion or by any corporation, person, chamber of commerce, or
board of trade, or by any civic, commercial, mercantile, traffic, agricultural, or manufacturing
association or organization, or by any body politic or municipal corporation by petition or
complaint in writing, setting forth any act or thing done or omitted to be done by any public
utility, including any rule, regulation, or charge heretofore established or fixed by or for any
public utility, in violation, or claimed to be in violation, of any provision of law or of any order
or rule of the commission.
(b) No complaint shall be entertained by the commission, except upon its own motion, as
to the reasonableness of any rates or charges of any gas, electric, water, or telephone public
utility, unless the same is signed by the mayor or the president or chairman of the board of
trustees or a majority of the council, commission, or other legislative body of the county, city
and county, city, or town, if any, within which the alleged violation occurred, or not less than
twenty-five customers or prospective customers of such public utility.
(c) All matters upon which complaint may be founded may be joined in one hearing, and
no motion shall be entertained against a complaint for misjoinder of causes of action or
grievances or misjoinder or nonjoinder of parties. In any review by the courts of orders or
decisions of the commission, the same rule shall apply with regard to the joinder of causes and
parties.
(d) The commission is not required to dismiss any complaint because of the absence of
direct damage to the complainant.
(e) Upon the filing of any complaint, the commission shall cause a copy thereof to be
served upon the person complained of, together with an order requiring such defendant to satisfy
or answer said complaint within a time to be fixed by the commission.
(2) (a) Notice of all applications, petitions, and orders instituting investigations or
inquiries shall be given to all persons, firms, or corporations who, in the opinion of the
commission, are interested in, or who would be affected by, the granting or denial of any such
application, petition, or other proceeding. Except for good cause shown, any person desiring to
file an objection or intervene in or participate as a party in any such proceeding shall file his or
her objection or petition for leave to intervene or, under such rules as the commission may
prescribe, file other appropriate pleadings to become a party, within thirty days after the date of
the notice, or such lesser time as the commission may prescribe. No final action shall be taken by
the commission in any proceeding during the time any such filing is permitted.
(b) Any public utility giving notice of a proposed gas or electric tariff shall serve such
notice upon the Colorado energy office or its successor agency. The office shall be granted leave
to intervene as a matter of right, upon a timely filing of a petition or other pleading in accordance
with this section, in adjudicatory matters affecting gas or electric utilities; except that the office
shall not be a party to any individual complaint between a utility and an individual.
(3) Service in all applications, petitions, complaints, hearings, investigations, and other
proceedings pending before the commission may be made upon any person upon whom a
summons may be served in accordance with the provisions of the Colorado rules of civil
procedure, or may be made personally or by first-class mail. In all cases wherein service is
obtained by mail by the commission, the certificate of the director of the commission of such
mailing shall be prima facie evidence that service has been obtained, and the time fixed in any
order or notice shall commence to run from the date of mailing as shown in such certificate. The
mailing of any notice or other paper by any other party to a proceeding shall be evidenced by the
certificate of the person mailing such notice or other paper, and the time fixed in any such notice
or other paper shall commence to run from the date of mailing as shown in such certificate.
(4) The commission shall fix the time when and place where any hearing required by this
title or by article 4 of title 24, C.R.S., will be had upon any application, complaint, petition,
investigation, or other proceeding, and shall serve notice thereof to the parties not less than ten
days before the time set for such hearing, unless the commission finds that public interest or
necessity requires that any such hearing be held at an earlier date. The commission shall hold a
hearing and issue a final order in complaint cases within two hundred ten days after the filing of
testimony and exhibits by the complainant. In extraordinary circumstances, the commission may
extend the time an additional ninety days following a hearing in which such extraordinary
circumstances are established. The complainant may waive the time limits established in this
section, in which case the time limits are not binding on the commission.

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