Colorado Revised Statutes

Colo. Rev. Stat. § 40-6-101 (2026)

Proceedings - delegation of duties - rules

✓ current as of July 2026

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(1) The commission shall conduct its proceedings in such manner as will best conduce the proper dispatch of business and the ends of justice. All of the provisions of article 4 of title 24, C.R.S., shall apply to the work, business, proceedings, and functions of the commission, or any individual commissioner or administrative law judge; but where there is a specific statutory provision in this title applying to the commission, such specific statutory provision shall control as to the commission. For this purpose, any administrative law judge, as provided in this title, shall be deemed to be a hearing commissioner as that term is used in said article 4 of title 24, C.R.S. The commission may from time to time make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any individual commissioner or administrative law judge, including forms of notices and the service thereof. Any party to the proceeding may appear before the commission or any individual commissioner or administrative law judge and be heard. Every vote and official act of the commission, any individual commissioner, or an administrative law judge shall be entered of record and such record shall be made public upon the request of any party interested. All hearings before the commission, any individual commissioner, or an administrative law judge shall be public.

(2) (a) The commission may by order direct that any of its work, business, or functions under any provision of law, except functions vested solely in the commission under this title 40, be assigned or referred to an individual commissioner or to an administrative law judge to be designated by order for action. The commission may by order at any time amend, modify, supplement, or rescind any such assignment or reference. When an individual commissioner or an administrative law judge is unable to act upon any matter assigned or referred because of absence or other cause, the chair of the commission may designate another commissioner or administrative law judge, as the case may be, to serve temporarily until the commission otherwise orders.

(b) Every case submitted to the commission for adjudication must be heard in the first instance by the commission unless, by rule, minute order, or written decision, the commission assigns the case to an administrative law judge or to an individual commissioner for hearing.

(3) An individual commissioner or an administrative law judge has authority to hear and determine, order, certify, report, or otherwise act as to any work, business, or functions assigned or referred to such officer under the provisions of this title and, with respect thereto, has all the jurisdiction and powers conferred by law upon the commission and is subject to the same duties and obligations. The seal of the commission shall be the seal of an individual commissioner or administrative law judge. Except as otherwise provided in this title, any order, decision, or requirement of an individual commissioner or an administrative law judge with respect to any matter assigned or referred to such officer under subsection (2) of this section has the same force and effect and may be made and evidenced in the same manner as if made or taken by the commission.

(4) All hearings and investigations before the commission, any individual commissioner, or any administrative law judge shall be governed by this title and by rules of practice and procedure adopted by the commission; and, in the conduct thereof, neither the commission, nor any individual commissioner, nor any administrative law judge shall be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony before the commission, any commissioner, or any administrative law judge shall invalidate any order, decision, rule, or regulation made, approved, or confirmed by the commission.

(5) Notwithstanding subsections (2) to (4) of this section, the commission may promulgate rules to authorize the delegation of its routine administrative transportation matters to commission staff. If the commission promulgates rules pursuant to this subsection (5), the commission shall define in rule the meaning of the term "routine administrative transportation matter".

Source: L. 13: p. 489, § 38. C.L. § 2947. CSA: C. 137, § 38. L. 45: p. 527, § 4. CRS 53: § 115-6-1. C.R.S. 1963: § 115-6-1. L. 69: p. 939, § 33. L. 89: Entire section amended, p. 1526, § 9, effective April 12. L. 93: (2) amended, p. 2063, § 16, effective July 1. L. 2003: (3) amended, p. 1705, § 18, effective May 14. L. 2019: (2) amended and (5) added, (SB 19-236), ch. 359, p. 3311, § 15, effective May 30.

Cross references: For conduct that may constitute the practice of law, see article 93 of title 13.

Notes of Decisions

Cited in 13 cases, 1973–2007 · leading case: Bd. of Cnty. Commissioners of the Cnty. of San Miguel v. Colorado Pub. Utils. Comm'n, 157 P.3d 1083 (Colo. 2007).

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Bd. of Cnty. Commissioners of the Cnty. of San Miguel v. Colorado Pub. Utils. Comm'n, 157 P.3d 1083 (Colo. 2007). · cites it 10× “Under its long-standing interpretation of the authority granted to it by this statute, the PUC utilizes advisory memoranda of expert staff in the deliberative phase of the proceedings to assist in analyzing the evidence and arraying decision-making choices the Commissioners have…”

Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 626 P.2d 159 (Colo. 1981). · cites it 6× “Section 40-6-101(1), C.R.S. 1973. Its official acts must be “entered of record,” and its hearings must be public.”

Home Builders Ass'n of Metro. Denver v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986). · cites it 4× “), and the Colorado Public Utilities Law, §§ 40-6-101 to -121, 17 C.R.S. (1984 & 1985 Supp.”

Mountain States Tel. & Tel. Co. v. Pub. Utils. Comm'n, 576 P.2d 544 (Colo. 1978). · cites it 2× “By statute, the PUC has the responsibility of expeditiously completing its investigations, audits, hearings, and decision within the 210-day maximum period of suspension. See section 40-6-111, C.”

Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). · cites it 2× “Therefore, any hearing commenced by the PUC, whether on its own motion, or upon complaint made to the PUC, pursuant to sections 40-6-101(1) or 40-6-111, does not have the effect of suspending the effective date of such tariffs.”

Durango Transp., Inc. v. Colorado Pub. Utils. Comm'n, 122 P.3d 244 (Colo. 2005). · cites it 2× “Commission hearings are not governed by the technical rules of evidence, § 40-6-101(4), C.R.S. (2005), and this Court has observed that Commission decisions that rely in part on hearsay are not for that reason invalid.”

Colorado Energy Advocacy Off. v. Pub. Serv. Co., 704 P.2d 298 (Colo. 1985). · cites it 2× “Under section 40-6-101(1), 17 C.R.S. (1984), the APA applies to the PUC, but any specific provision of articles 1 to 13 of title 40 controls.”

Douglas Cnty. Bd. of Commissioners v. Pub. Utils. Comm'n, 829 P.2d 1303 (Colo. 1992). “§ 40-6-101(1), 17 C.R.S. (1991 Supp.). Therefore, where provisions of public utilities law conflict with the APA, the public utilities law governs.”

City of Boulder v. Colorado Pub. Utils. Comm'n, 996 P.2d 1270 (Colo. 2000). · cites it 2× “CPCN for a Project Already Undertaken Boulder first argues that the PUC exceeded its authority by issuing the CPCN to PSCO in contravention of the plain language of section 40-6-101, 11 C.R.S. (1999), and caselaw construing it.”

Denver Welfare Rights Org. v. Pub. Utils. Comm'n, 547 P.2d 239 (Colo. 1976). “1973; the power to conduct hearings and investigations; see generally sections 40-6-101 to 40-6-121, C.R.S. 1973; and the right to initiate enforcement and penalty provisions of the Public Utilities Act, see sections 40-7-101 to 40-7-111, C.”

People v. Norton, 507 P.2d 862 (Colo. 1973). · cites it 4× “As used in sections 40-6-101 to 40-6-104: (1) “Pregnancy” means the implantation of an embryo in *51 the uterus.”

North Glenn Suburban Co. v. Dist. Court, 532 P.2d 332 (Colo. 1975). · cites it 2× “Now section 40-6-101, et seq., C.R.S. 1973.”

Show all 13 citing cases →

— Colo. Rev. Stat. § 40-6-101(1) — 6 cases

Bd. of Cnty. Commissioners of the Cnty. of San Miguel v. Colorado Pub. Utils. Comm'n, 157 P.3d 1083 (Colo. 2007). “Under its long-standing interpretation of the authority granted to it by this statute, the PUC utilizes advisory memoranda of expert staff in the deliberative phase of the proceedings to assist in analyzing the evidence and arraying decision-making choices the Commissioners have…”

Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 626 P.2d 159 (Colo. 1981). “Section 40-6-101(1), C.R.S. 1973. Its official acts must be “entered of record,” and its hearings must be public.”

Home Builders Ass'n of Metro. Denver v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986). “), and the Colorado Public Utilities Law, §§ 40-6-101 to -121, 17 C.R.S. (1984 & 1985 Supp.”

Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). “Therefore, any hearing commenced by the PUC, whether on its own motion, or upon complaint made to the PUC, pursuant to sections 40-6-101(1) or 40-6-111, does not have the effect of suspending the effective date of such tariffs.”

Colorado Energy Advocacy Off. v. Pub. Serv. Co., 704 P.2d 298 (Colo. 1985). “Under section 40-6-101(1), 17 C.R.S. (1984), the APA applies to the PUC, but any specific provision of articles 1 to 13 of title 40 controls.”

— Colo. Rev. Stat. § 40-6-101(4) — 2 cases

Durango Transp., Inc. v. Colorado Pub. Utils. Comm'n, 122 P.3d 244 (Colo. 2005). “Commission hearings are not governed by the technical rules of evidence, § 40-6-101(4), C.R.S. (2005), and this Court has observed that Commission decisions that rely in part on hearsay are not for that reason invalid.”

People v. Norton, 507 P.2d 862 (Colo. 1973). “As used in sections 40-6-101 to 40-6-104: (1) “Pregnancy” means the implantation of an embryo in *51 the uterus.”

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