CO Code § 40-6-102 (2021)
2021 Colorado Code|Title 40 - Utilities|Article 6 - Hearings and Investigations|§ 40-6-102. Service - Fees - Depositions - Examination of Witnesses

  The commission, each commissioner, an administrative law judge with respect to matters referred to such judge, and the director of the commission have power to issue notices, orders to satisfy or answer, summonses, subpoenas, and commissions to take the deposition of any witness whose testimony is required in any proceeding pending before the commission in like manner and to the same extent as courts of record. The process issued by the commission, any commissioner, an administrative law judge, or the director of the commission shall extend to all parts of the state and beyond the boundaries thereof as may be provided by law or the Colorado rules of civil procedure and may be served by any person authorized to serve process of courts of record, by any person designated for that purpose by the commission or a commissioner, or by first-class mail, postage prepaid, as provided in section 40-6-108. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees now prescribed by law for similar services, and such fees shall be paid in the same manner as provided for payment of the fees of witnesses.    In any investigation, inquiry, hearing, or other proceeding pending before the commission, any commissioner, or any administrative law judge of the commission, the depositions of witnesses may be taken, both within and without the state of Colorado, under the same circumstances and in the same manner as provided by the Colorado rules of civil procedure for the taking of depositions in courts of record.    A party to the record of any investigation, inquiry, hearing, or other proceeding pending before the commission, any commissioner, any administrative law judge of the commission, or a person for whose immediate benefit such investigation, hearing, or other proceeding is prosecuted or defended, or the directors, officers, superintendent, or managing agent of any corporation which is a party to the record in such investigation, hearing, or other proceeding may be examined upon the hearing thereof, or upon deposition, or both, as if under cross-examination at the instance of the commission or any adverse party, and for that purpose may be compelled, in the same manner and subject to the same rules for examination as any other witness, to testify; but the party calling for such examination shall not be concluded thereby but may rebut it by counter testimony.     History. Source: L. 13: P. 489, § 39. C.L. § 2948. CSA: C. 137, § 39. L. 45: P. 527, § 5. CRS 53: § 115-6-2. C.R.S. 1963: § 115-6-2. L. 69: P. 940, § 34. L. 89: Entire section amended, p. 1527, § 10, effective April 12. L. 2003: (1) amended, p. 1705, § 19, effective May 14. History. Source: L. 13: P. 489, § 39. C.L. § 2948. CSA: C. 137, § 39. L. 45: P. 527, § 5. CRS 53: § 115-6-2. C.R.S. 1963: § 115-6-2. L. 69: P. 940, § 34. L. 89: Entire section amended, p. 1527, § 10, effective April 12. L. 2003: (1) amended, p. 1705, § 19, effective May 14.    Cross references:   For depositions and discovery, see Rules 26 to 37, Colorado rules of civil procedures; for service of process, see Rule 4(d), Colorado rules of civil procedure; for fees of sheriff for service of process, see § 30-1-104 ; for payment of fees of witnesses, see § 40-6-103 .   ANNOTATION   Commission's discovery procedures based on rules of civil procedure. The public utilities commission has itself adopted procedures for conducting discovery which are based on the Colorado rules of civil procedure. Peoples Natural Gas Div. v. Pub. Utils. Comm'n, 626 P.2d 159 (Colo. 1981).   Availability of discovery in post-hearing, preappeal proceeding limited. In a post-hearing, preappeal administrative proceeding, discovery should be available as a matter of right only if the party alleging procedural irregularities first shows, by affidavit or other substantial factual evidence, that there is good cause to believe that ex parte communications, personal bias, or other impermissible considerations played a part in the tribunal's decision. Peoples Natural Gas Div. v. Pub. Utils. Comm'n, 626 P.2d 159 (Colo. 1981).   Ex parte exchanges between advocate and adjudicatory tribunal may not arbitrarily be screened from appellate scrutiny. Peoples Natural Gas Div. v. Pub. Utils. Comm'n, 626 P.2d 159 (Colo. 1981).