Colorado § 12-145-109 - Disciplinary actions - grounds for discipline.

§ 12-145-109. Disciplinary actions - grounds for discipline.

(1) The director may take disciplinary or other action as authorized in section 12-20-404 if an applicant for or a holder of an outfitter's registration:

(a) Violates any order of the division or the director, any provision of this article 145, an applicable provision of article 20 of this title 12, or the rules established under this article 145;

(b) Fails to meet the requirements of section 12-145-108 or uses fraud, misrepresentation, or deceit in applying for or attempting to apply for registration;

(c) Violates any local, state, or federal law or regulation concerning public land management, wildlife, health, or cruelty to animals, including, but not limited to, section 33-6-113;

(d) Is convicted of or has entered a plea of nolo contendere or guilty to a felony; except that the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea;

(e) Uses false, deceptive, or misleading advertising;

(f) Misrepresents his or her services, facilities, or equipment to a client or prospective client;

(g) Uses alcohol or any controlled substance, as defined in section 18-18-102 (5), to the extent that the use places the user or other persons at risk while providing outfitting services or is a habitual user of alcohol or a controlled substance, as defined in section 18-18-102 (5), to the extent that the use places the user or other persons at risk while providing outfitting services;

(h) Has incurred disciplinary action related to the practice of outfitting in another jurisdiction. Evidence of such disciplinary action shall be prima facie evidence for denial of registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.

(i) Has been convicted of second or third degree criminal trespass pursuant to section 18-4-503 or 18-4-504; except that the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction;

(j) Hires an individual as a guide who fails to meet the requirements of section 12-145-106, unless the hiring is a result of an emergency situation, as defined by rules promulgated by the director, in which case the outfitter may hire a guide who does not possess a valid first-aid card or first aid instructor's card;

(k) Serves or consumes alcohol while engaged in the activities of an outfitter, if the applicant or holder is under twenty-one years of age;

(l) Violates section 18-4-503 or 18-4-504, resulting in two or more second or third degree criminal trespass convictions within any three- to five-year period while acting as an outfitter or guide; or

(m) Fails to respond to a complaint against the registered outfitter.

(2) To be valid, a proceeding under this section must be conducted in accordance with sections 12-20-403, 24-4-104, and 24-4-105.

(3) The director may issue and send a letter of admonition to a registrant under the circumstances specified in and in accordance with section 12-20-404 (4).

(4) The director may send a registrant a confidential letter of concern under the circumstances specified in section 12-20-404 (5).

(5) Notwithstanding any other provision of this article 145, the director may deny an initial application for registration if:

(a) The applicant is an individual who was previously listed as participating in an entity pursuant to section 12-145-108 (2), and the entity was subjected to discipline under this article 145;

(b) The applicant is an entity, the entity lists an individual as participating in the entity pursuant to section 12-145-108 (2), and that individual was previously listed as a participating person in an entity that was subjected to discipline under this article 145; or

(c) The applicant is an entity, the entity lists an individual as a participating person pursuant to section 12-145-108 (2), and that individual was previously subjected to discipline under this article 145.

(6) The director may discipline an applicant or registrant under this section for the acts of a person who:

(a) Is acting on behalf of the applicant or registrant; and

(b) (I) Is an officer, director, member, partner, or owner of the applicant or registrant;

(II) Has managing or controlling authority of the applicant or registrant; or

(III) Is an employee, contractor, or authorized booking agent of the applicant or registrant.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 970, § 1, effective October 1. L. 2025: (6)(b)(I) amended, (SB 25-174), ch. 310, p. 1614, § 3, effective August 6.

Editor's note: This section is similar to former § 12-55.5-106 as it existed prior to 2019.

ANNOTATION

Annotator's note. The following annotations include a case decided under a former provision similar to this section.

Provision for payments of costs does not violate equal protection guarantees in that it has a rational basis and is reasonably related to the state's legitimate governmental purpose of protecting the public safety. The statute discourages statutory violations and encourages settlement of meritorious claims against outfitters while also encouraging the agency to bring only meritorious claims and deterring alleged violators from raising frivolous claims or defenses. Sears v. Romer, 928 P.2d 745 (Colo. App. 1996).

Director's interpretation of the term "costs" to include the amount billed by the division of administrative hearings for an administrative law judge and his or her legal assistant and the appearance fee of the court reporter was reasonable. Sears v. Romer, 928 P.2d 745 (Colo. App. 1996).