Colorado § 12-150-107 - Disciplinary action - administrative sanctions - grounds.

§ 12-150-107. Disciplinary action - administrative sanctions - grounds.

(1) Disciplinary action of the board pursuant to this section shall be taken in accordance with the "State Administrative Procedure Act", article 4 of title 24, and section 12-20-403.

(2) The board may impose disciplinary action as an alternative to or in conjunction with the issuance of orders or the pursuit of other remedies provided by section 12-150-108 or 12-150-116. Disciplinary action may include any of the following:

(a) Action as authorized in section 12-20-404. The board may summarily suspend a license pursuant to the authority granted by this article 150 or article 4 of title 24.

(b) Sending of a letter of admonition to an area operator under the circumstances specified in and in accordance with section 12-20-404 (4);

(c) Assessment of a fine, not to exceed ten thousand dollars per act or omission or, in the case of acts or omissions found to be willful, fifty thousand dollars per act or omission, against any area operator;

(d) Imposition of reasonable conditions upon the continued licensing of a passenger tramway or upon the suspension of further disciplinary action against an area operator.

(3) The board may take disciplinary action for any of the following acts or omissions:

(a) Any violation of the provisions of this article 150, an applicable provision of article 20 of this title 12, or any rule of the board promulgated pursuant to section 12-150-105 when the act or omission upon which the violation is based was known to, or reasonably should have been known to, the area operator;

(b) Violation of any order of the board issued pursuant to provisions of this article 150;

(c) Failure to report any incident or accident to the board as required by any provision of this article 150 or any rule of the board promulgated pursuant to section 12-150-105 when the incident or accident was known to, or reasonably should have been known to, the area operator;

(d) Willful or wanton misconduct in the operation or maintenance of a passenger tramway;

(e) Operation of a passenger tramway while a condition exists in the design, construction, operation, or maintenance of the passenger tramway that endangers the public health, safety, or welfare, which condition was known, or reasonably should have been known, by the area operator;

(f) Operation of a passenger tramway by an operator whose license has been suspended;

(g) Failure to comply with an order issued under section 12-150-108 or 12-150-116.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 981, § 1, effective October 1; IP(2) and (2)(b) amended, (SB 19-159), ch. 209, p. 2211, § 7, effective October 1.

Editor's note: (1) This section is similar to former § 25-5-706 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-159. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 17, 2019, to October 1, 2019, see SB 19-159, chapter 209, Session Laws of Colorado 2019.