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Colorado Department of Law — Annual Report 2009 - page 29 / 41





29 / 41

Colorado Department of Law — Annual Report 2009

operation of the Colorado Benefits Management System to make it compatible with other computer programs.

Workers’ Compensation

The State Services Section opened 110 cases to force employer compliance with mandatory workers’ compensation insurance statutes. Section attorneys closed 94 cases, either by settlement, the employer's payment of fines, sending the fines to collection, or by the employer obtaining insurance or closing the business. Of these cases, the section initiated five cease and desist cases, collected $14,405 in settlements and fines, sent $665,130 in fines to collection, and settled one independent contractor case. Section attorneys also opened 54 cases, filed 41 briefs, and participated in five oral arguments in appeals on behalf of the Industrial Claims Appeals Office.

Other Legal Actions

Attorneys and staff in the State Services Section also:

  • Handled 28 subpoenas for the Division of Workers’ Compensation and Unemployment Insurance.

  • Opened 32 cases and closed 49 cases in petroleum storage tank clean up reimbursement protests on behalf of the Division of Oil and Public Safety.

  • Successfully defended the Division of Oil and Public Safety’s denial of individual explosives permits in four cases involving persons with criminal convictions.

  • Completed 32 rule opinions for the Division of Labor and Employment and the Department of Personnel and Administration.

  • Completed nine informal opinions for the Division of Employment and Training, the Division of Oil and Public Safety, the Department of Personnel


and Administration, and the State Controller’s Office.

  • Provided legal guidance to the Public Utilities Commission on electric, gas, telephone, water, railroad and transportation matters, including major electric and telephone rate cases as well as resource planning cases.

  • Defended the Public Utilities Commission in nine court matters.

  • Drafted or reviewed and edited approximately 650 Public Utilities Commission decisions and orders.

  • Successfully defended the Public Utilities Commission against constitutional challenge to state statutory presumption regarding public need for additional taxicab companies in metro areas.

  • Successfully defended the Public Utilities Commission, in part, in federal court proceeding seeking judicial review of a Public Utilities Commission decision interpreting the Federal Communication Commission’s definition of a telephone business line for purposes of determining the level of competition in a telephone wire center and ultimately, the price for network elements sold at wholesale to facilities- based competitive local exchange carriers.

  • Successfully defended the Public Utilities Commission before the Colorado Supreme Court in a judicial review proceeding seeking to overturn the Public Utilities Commission’s issuance of a civil penalty to a towing carrier.

  • Continued to defend the Public Utilities Commission against constitutional challenge to a 2006 Public Utilities Commission rule that provides that, for power purchase contracts that predate Amendment 37, the renewable energy credits associated with the generation of electricity from renewable sources will be deemed to be combined with the energy transferred under the contract.

  • Advised the Public Utilities Commission in its consideration of Public Service Company’s application to raise its electric rates by $136 million. The Public Utilities Commission reduced the request to $128.3 million and later reduced it temporarily to $65 million to account for delays in Public Service’s new Comanche 3 coal plant.

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