Colo. Rev. Stat. » Title 40
Colorado Revised Statutes

Colo. Rev. Stat. § 40-6-108 (2026)

Complaints - service - notice of hearing

✓ current as of July 2026
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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.

Source: L. 13: p. 493, § 45. C.L. § 2954. CSA: C. 137, § 45. L. 45: p. 528, § 6. CRS 53: § 115-6-8. C.R.S. 1963: § 115-6-8. L. 69: p. 943, § 40. L. 89: (2) and (4) amended, p. 1529, § 12, effective April 12. L. 93: (4) amended, p. 2064, § 17, effective July 1. L. 2003: (3) amended, p. 1707, § 22, effective May 14. L. 2008: (2) amended, p. 1796, § 14, effective July 1. L. 2012:

(2)(b) amended, (HB 12-1315), ch. 224, p. 981, § 50, effective July 1.

Cross references: For service of summons, see Rule 4(e), Colorado rules of civil procedure.

40-6-109. Hearings - orders - record - review - representation of entities in nonadjudicatory proceedings. (1) (a) (I) At the time fixed for any hearing before the commission, any commissioner, or an administrative law judge or at the time to which the hearing may have been continued, the following persons are entitled to be heard, examine and cross-examine witnesses, and introduce evidence:

(A) The applicant;

(B) The petitioner;

(C) The complainant;

(D) The person, firm, or corporation complained of;

(E) Such persons, firms, or corporations as the commission may allow to intervene; and

(F) Such persons, firms, or corporations as will be interested in or affected by any order that may be made by the commission in such proceeding and who shall have become parties to the proceeding.

(II) All parties in interest are entitled to be heard in person or by attorney.

(b) In a proceeding before the commission that relates to an investor-owned utility's application for cost recovery, the commission shall permit a wholesale customer of the utility to intervene if the customer demonstrates a pecuniary or tangible interest in the proceeding.

(c) A reporter appointed by the commission, a commissioner if deemed appropriate by the commission, or, as applicable, an administrative law judge shall take down and record electronically a full and complete record of all proceedings had before the commission, any commissioner, or an administrative law judge in any formal hearing and all testimony.

(2) Whenever any hearing, investigation, or other proceeding is assigned to an administrative law judge or individual commissioner for hearing, the administrative law judge or individual commissioner, after the conclusion of said hearing, shall promptly transmit to the commission the record and exhibits of said proceeding together with a written recommended decision which shall contain his findings of fact and conclusions thereon, together with the recommended order or requirement. Copies thereof shall be served upon the parties, who may file exceptions thereto; but if no exceptions are filed within twenty days after service upon the parties, or within such extended period of time as the commission may authorize in writing (copies of any such extension to be served upon the parties), or unless such decision is stayed within such time by the commission upon its own motion, such recommended decision shall become the decision of the commission and subject to the provisions of section 40-6-115. The commission upon its own motion may and where exceptions are filed shall reconsider the matter, either upon the same record or after further hearing, and such recommended decision shall thereupon be stayed or postponed pending final determination thereof by the commission. The commission may adopt, reject, or modify the findings of fact and conclusions of such individual commissioner or administrative law judge or, after examination of the record of any such proceeding, enter its decision and order therein without regard to the findings of fact and conclusions of any individual commissioner or administrative law judge. Any commissioner to whom a proceeding may be so assigned shall not be disabled thereby from participating with the commission in the final decision.

(3) After the conclusion of any hearing, investigation, or proceeding before the commission, the commission shall make and file its decision. The decision shall be a report in writing in which the commission shall state its findings of fact and conclusions thereon together with its order or requirement. The decision, under the seal of the commission, shall be served upon all parties and made available to all participants in the proceeding.

(4) Unless otherwise provided in this title, all decisions of the commission shall become effective upon a day to be fixed by the commission in any such decision and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission. Decisions containing negative orders shall be effective on the date of entry thereof, unless otherwise provided in any such decision. If an order or requirement cannot, in the judgment of the commission, be complied with within the time prescribed therein, the commission, on application made within such time and for good cause shown, may extend the time for compliance fixed in its decision.

(5) The commission may by general rule or regulation provide for the taking of evidence in uncontested or unopposed proceedings by affidavit or otherwise, without the necessity of a formal oral hearing. Such shortened or informal proceedings shall otherwise be subject to all of the provisions of this title. Upon its own motion the commission may and upon request of a party timely made the commission shall assign any such uncontested or unopposed proceeding for hearing.

(6) The commission may make the initial decision in cases where it has not presided at the taking of evidence, and the recommended decision of the individual commissioner or administrative law judge may be omitted in any case in which the commission finds upon the record that due and timely execution of its functions imperatively and unavoidably so requires.

(7) The commission may by general rule or regulation provide for appearances pro se by, or for representation by authorized officers or regular employees of, the commission's staff, corporations, partnerships, limited liability companies, sole proprietorships, and other legal entities in certain nonadjudicatory matters before the commission.

Source: L. 13: p. 494, § 46. C.L. § 2955. CSA: C. 137, § 46. L. 45: p. 529, § 7. CRS 53: § 115-6-9. C.R.S. 1963: § 115-6-9. L. 69: p. 944, § 41. L. 89: (1), (2), and (4) to (6) amended, p. 1530, § 13, effective April 12. L. 93: (7) added, p. 2064, § 18, effective July 1. L. 2008: (3) amended, p. 1796, § 15, effective July 1. L. 2009: (1) amended, (HB 09-1118), ch. 130, p. 563, § 12, effective August 5. L. 2023: (1) amended, (SB 23-291), ch. 163, p. 722, § 6, effective August 7.

Notes of Decisions
Cited in 10 cases, 1981–2017 · leading case: Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988).
Sort: Relevance Newest Treatment
Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). · cites it 12× “In fact, when the last sentence of section 40-6-111(4)(a) is read in conjunction with section 40-6-108(1)(a) and (b) and section 40-6-111(1), it becomes possible to discern that not only are these provisions consistent with each other, but also that the last sentence of section…”
Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 698 P.2d 255 (Colo. 1985). · cites it 9× “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…”
Mountain View Elec. Ass'n v. Pub. Utils. Comm'n, 686 P.2d 1336 (Colo. 1984). · cites it 5× “§ 40-6-108(l)(a), 17 C.R.S. (1973). 6 Section 40-4-101(1), 17 C.”
City of Boulder v. Pub. Serv. Co. of Colorado, 996 P.2d 198 (Colo. Ct. App. 1999). · cites it 3× “” In Colorado, the applicable procedures for challenging a full avoided cost rate set forth in a PUC-approved tariff begin with a complaint to PUC pursuant to § 40-6-108, C.R.S.1998. If the complaint is denied or the complaining party remains unsatisfied with PUC’s…”
O'Bryant v. Pub. Utils. Comm'n, 778 P.2d 648 (Colo. 1989). · cites it 5× “On July 11, 1984, O’Bryant filed a pro se complaint with the Public Utilities Commission (PUC or commission) pursuant to section 40-6-108(l)(a), 17 C.R.S. (1984), 1 and based on the then existing Rule 13(b) of the Rules Regulating the Service of Telephone Utilities (hereinafter…”
O'BRYANT v. PUC of State of Colo., 778 P.2d 648 (Colo. 1989). · cites it 5× “On July 11, 1984, O'Bryant filed a pro se complaint with the Public Utilities Commission (PUC or commission) pursuant to section 40-6-108(1)(a), 17 C.R.S. (1984), [1] and based on the then existing Rule 13(b) of the Rules Regulating the Service of Telephone Utilities…”
Cottrell v. City & Cnty. of Denver, 636 P.2d 703 (Colo. 1981). “19 Nor do we perceive how this issue implicates a legally protected interest of the appellants.”
City of Aspen v. Kinder Morgan, Inc., 143 P.3d 1076 (Colo. Ct. App. 2006). “It held that although the statute creates a private cause of action for damages resulting from conduct of a regulated utility which violates state law, subject matter jurisdiction does not exist in the district court unless and until administrative remedies have been exhausted…”
Dev. Recovery Co., LLC v. Pub. Serv. Co. of Colorado, 2017 COA 86 (Colo. Ct. App. 2017). · cites it 2× “See §§ 40-6-108, -109, C.R.S. 2016. IV. Analysis ¶ 17 The PUC has exclusive jurisdiction over claims for the enforcement of tariffs.”
Hausam v. Pub. Utils. Comm'n, 751 P.2d 627 (Colo. 1988). “The Commission may, in its discretion, suspend the rates for an additional 90 days if no final decision is entered within the first 120 days.”
— Colo. Rev. Stat. § 40-6-108(1)(a) — 2 cases
Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). “In fact, when the last sentence of section 40-6-111(4)(a) is read in conjunction with section 40-6-108(1)(a) and (b) and section 40-6-111(1), it becomes possible to discern that not only are these provisions consistent with each other, but also that the last sentence of section…”
O'BRYANT v. PUC of State of Colo., 778 P.2d 648 (Colo. 1989). “On July 11, 1984, O'Bryant filed a pro se complaint with the Public Utilities Commission (PUC or commission) pursuant to section 40-6-108(1)(a), 17 C.R.S. (1984), [1] and based on the then existing Rule 13(b) of the Rules Regulating the Service of Telephone Utilities…”
— Colo. Rev. Stat. § 40-6-108(1)(b) — 1 case
Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). “In fact, when the last sentence of section 40-6-111(4)(a) is read in conjunction with section 40-6-108(1)(a) and (b) and section 40-6-111(1), it becomes possible to discern that not only are these provisions consistent with each other, but also that the last sentence of section…”
— Colo. Rev. Stat. § 40-6-108(l)(a) — 5 cases
Peoples Nat. Gas Div. of N. Nat. Gas Co. v. Pub. Utils. Comm'n, 698 P.2d 255 (Colo. 1985). “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…”
Mountain View Elec. Ass'n v. Pub. Utils. Comm'n, 686 P.2d 1336 (Colo. 1984). “§ 40-6-108(l)(a), 17 C.R.S. (1973). 6 Section 40-4-101(1), 17 C.”
Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). “In fact, when the last sentence of section 40-6-111(4)(a) is read in conjunction with section 40-6-108(1)(a) and (b) and section 40-6-111(1), it becomes possible to discern that not only are these provisions consistent with each other, but also that the last sentence of section…”
O'Bryant v. Pub. Utils. Comm'n, 778 P.2d 648 (Colo. 1989). “On July 11, 1984, O’Bryant filed a pro se complaint with the Public Utilities Commission (PUC or commission) pursuant to section 40-6-108(l)(a), 17 C.R.S. (1984), 1 and based on the then existing Rule 13(b) of the Rules Regulating the Service of Telephone Utilities (hereinafter…”
Hausam v. Pub. Utils. Comm'n, 751 P.2d 627 (Colo. 1988). “The Commission may, in its discretion, suspend the rates for an additional 90 days if no final decision is entered within the first 120 days.”
— Colo. Rev. Stat. § 40-6-108(l)(b) — 1 case
Colorado-Ute Elec. Ass'n v. Pub. Utils. Comm'n, 760 P.2d 627 (Colo. 1988). “In fact, when the last sentence of section 40-6-111(4)(a) is read in conjunction with section 40-6-108(1)(a) and (b) and section 40-6-111(1), it becomes possible to discern that not only are these provisions consistent with each other, but also that the last sentence of section…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.