Complaints Information - Questions and Answers

I’m not satisfied with the results of my complaint. What are my rights?

All complaints received by the ECMC are initially assessed to determine if the complaint is related to an issue within the ECMC’s jurisdiction. If staff determines that the issues in the complaint are within the ECMC’s jurisdiction, then an investigation will be performed by ECMC staff and the results will be communicated to you in writing. If you disagree with the ECMC’s action or investigation results, as a complainant you have certain rights per ECMC rules. Specifically:

1. Complainant rights related to ECMC’s decision that no violations occurred related to a written complainant:

  1. Per Rule 522.b.(4).(A) the complainant may file a Petition for Review requesting the commission hear an objection to the decision to not issue a Notice of Alleged Violation (NOAV). The procedure and requirements for filing a Petition for review are outlined in 522.b.(5) and 522.b.(6). The Complainant will have 28 days from receiving the decision to file a Petition for Review.
  2. The Complainant may make a public comment at a Commission hearing. A schedule of Commission hearings can be found at: https://ecmc.state.co.us/reg.html#/hearings.

2. Complainant rights related to ECMC’s decision that violations did occur as a direct result of a written complaint:

  1. If a written complaint leads to the issuance of a NOAV, the Complainant will be informed of the terms of a draft settlement and given an opportunity to comment on the settlement, called an Administrative Order of Consent (AOC), between the operator and the ECMC per Rule 522.b.(3).
  2. The Complainant may object to the terms of a final proposed AOC, per Rule 522.b.(4)(B). The Complainant will have 28 days from the date receiving the finalized settlement to formally object.
  3. The Complainant may make a public comment at a Commission hearing. A schedule of Commission hearings can be found at: https://ecmc.state.co.us/hearings.html#/overview.

Further information on what steps are required to file a Petition for Review, and the steps required after such filing, can be obtained by contacting the ECMC Hearings and Regulatory Affairs Manager. Complainant rights and responsibilities are contained within the 500 Series Rules of Practice and Procedure: https://ecmc.state.co.us/documents/reg/Rules/LATEST/500Series.pdf.