4 CCR 723-2-2155 - Disputes Regarding the Emergency Telephone Charge and 9-1-1 Surcharge
(a) Notice of Assessment.
(I) The director of the Commission or his or
her designee shall have the authority to issue a notice of assessment under
this rule and for delinquent remittance or other violations as provided in ยง
29-11-103, C.R.S., alone or in
combination with civil penalties as provided in rule 2010 and paragraph (b) of
this rule. Additional penalties for other violations of this rule or rule 2150
may incur additional penalties as outlined in rule 2011.
(II) The notice of assessment shall include
all penalty and interest calculations.
(III) The OSP cited in the notice of
assessment may either admit the assessed calculations or may contest the
calculations within 30 days of the notice of assessment. Any notice of
assessment not admitted within the 30-day period shall be immediately referred
to an Administrative Law Judge for hearing. At any hearing contesting an
alleged assessment, the designee of the director of the Commission shall have
the burden of demonstrating the accuracy of the calculated amounts by a
preponderance of the evidence.
(IV)
Unless a proceeding has commenced through a notice of assessment or show cause
proceeding as discussed in this rule, an OSP may seek revisions to any final
audit report directly with the director of the Commission or his or her
designee by providing information warranting the correction in writing. If the
director or his or her designee reject the requested revision, the operating
service provider may file a petition under rule 2003. The petition shall
include, at a minimum, the audit report in question, the requested revisions,
and supporting information regarding the requested change. The designee of the
director of the Commission shall be a necessary party to any such
petition.
(b) Civil
penalties for delinquent or miscalculated payments.
(I) No civil penalty assessment notice shall
be issued in addition to a notice of assessment for the first instance of
delinquent or miscalculated payments in any 12-month period if there are no
other violations alleged.
(II) In
the event the OSP is issued more than one assessment notices in any 12-month
period, the director of the Commission, or his or her designee may request that
the Commission issue a decision to show cause under the rules of practice and
procedure, in addition to any civil penalty assessment notice in conjunction
with the second notice of assessment in the 12-month period.
(III) In the event the OSP is issued three or
more assessment notices in any 24-month period, the director of the Commission,
or his or her designee shall request that the Commission issue a decision to
show cause under the rules of practice and procedure, in addition to any civil
penalty assessment notice in conjunction with the notice of assessment in the
24-month period.
(IV) The request
that the Commission issue a decision to show cause provided with any notice of
assessment shall include all penalty and interest calculations, and information
relied on, along with separate statements for each alleged violation, if any,
and the maximum penalty amount provided. If civil penalties are included in the
assessment, information included shall also comply with rule 2010.
(V) The OSP cited in the notice of
assessment, and any accompanying request for the Commission to issue a decision
to show cause, may either admit the assessed calculations or may contest the
calculations within 30 days of the notice of assessment. At any hearing
contesting an alleged assessment, the designee of the director of the
Commission shall have the burden of demonstrating the accuracy of the
calculated amounts by a preponderance of the evidence.
Notes
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