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Water Quality Control Act - 14 <br />Title 25, Article 8 <br />(4) Regulations prcmrlgated pursuant to this section shall not take effect <br />until thirty days after they have been filed with the secretary of state. <br />25-803. ADbfINISTRATIVE RDOONSIDFRATION. During the time permitted for <br />seeking judicial review of any final order or determination of the crnmission <br />or division, any party directly affected by such order or determination may apply <br />to the cQrmission or division, as appropriate for a hearing or rehearing with <br />respect to, or reconsideration of, such order or determination. The determination <br />by the commission or division of whether to grant or deny the application for a <br />hearing, rehearing, or reconsideration shall be made within ten days after receipt <br />by the camiission or division of such application. Such determination by the com- <br />mission may be made by telephone, mail, or at a meeting, but in any event shall <br />be confirmed at the next meeting of the cannission. If the application for a <br />hearing, rehearing, or reconsideration is granted, then the order or determination <br />to which such application pertains shall not be considered final for purposes of <br />judicial review, and the carmission or the division may affirm, reverse, or modify, <br />in whole or in part, the pertinent order or determination; thereafter such order <br />or determination shall be final, and not subject to stay or reconsideration under <br />this section. <br />25-8-404. II~ORCRf11T 1ff:ARIN(,S - JUDICIAL REUIEK'. (1) Any final order or <br />determination by the division or the commission shall be in writing, supported by <br />written findings, and subject to judicial review in accordance with the pro- <br />visions of this article and the provisions of article 4 of title 29, C.R.S. 1973. <br />(2) Any proceeding for judicial review of any final order or determination <br />of the division or the carmission shall be filed in the district crwrt for the <br />district in which is located the pollution source affected, and shall be filed <br />within thirty days after said order or determination has been served upon the <br />party affected. Such period shall be stayed while any application for a hearing. <br />rehearing, or reconsideration is pending pursuant to section 25-803. <br />(3) (a) FSccept with respect to emergency orders issued pursuant to section <br />25-8-307, any person to whom a cease and desist order, clean-up order, or other <br />order has been issued by the division or crnmission, or against whom an adverse <br />determination has been made, may petition the district court for a stay of the <br />effectiveness of such order or determination. Such petition shall be filed in <br />the district court in which is located the pollution sources affected. <br />(b) Such petitions may be filed prior to any such order or determination <br />becaning final or during any period in which such order or determination is under <br />judicial review. <br />(c) Such stay shall be granted by the court if there is probable cause to <br />believe that refusal to grant a stay will cause serious harm to the affected <br />person or any other person, and: <br />(I) That the alleged violation or activity to which the order nr dPLermina- <br />tion pertains will not continue, or if it does continue. any harrnfu] effeo•ts on <br />• state waters will be alleviated prmcptly after the cessation c>f the violation or <br />activity; or <br />(II) That the refusal to grant a stay could be without sufficient cor- <br />responding public benefit. <br />- 14 - <br />