Colorado § 12-155-113 - Disciplinary action by board - procedures - cease-and-desist orders.

§ 12-155-113. Disciplinary action by board - procedures - cease-and-desist orders.

(1) The board may take disciplinary or other action as authorized by section 12-20-404 for any of the following reasons:

(a) Violation of, or aiding or abetting in the violation of, any of the provisions of this article 155 or an applicable provision of article 20 of this title 12;

(b) Violation of the rules or orders promulgated by the board in conformity with the provisions of this article 155 or aiding or abetting in such violation;

(c) Failure or refusal to remove within a reasonable time the cause for disapproval of any plumbing installation as reported on the notice of disapproval, but reasonable time shall include time for appeal to and a hearing before the board;

(d) Any cause for which the issuance of the license could have been refused had it then existed and been known to the board;

(e) Commitment of any act or omission that does not meet generally accepted standards of plumbing practice;

(f) Conviction of or acceptance of a plea of guilty or nolo contendere by a court to a felony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(g) Advertising by any licensee or registrant that is false or misleading;

(h) Deception, misrepresentation, or fraud in obtaining or attempting to obtain a license;

(i) Failure of any licensee to adequately supervise an apprentice who is working at the trade pursuant to section 12-155-124;

(j) Failure of any licensee to report to the board:

(I) Known violations of this article 155;

(II) Civil judgments and settlements that arose from the licensee's work performance;

(k) Employment of any person required by this article 155 to be licensed or to obtain a permit who has not obtained the license or permit;

(l) Habitual or excessive use or abuse of any habit-forming drug, any controlled substance, as defined in section 18-18-102 (5), or any alcohol beverage;

(m) Any use of a schedule I controlled substance, as defined in section 18-18-203;

(n) Disciplinary action against a license or registration in another jurisdiction. Evidence of the disciplinary action is prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.

(o) Practicing as a water conditioning contractor, water conditioning installer, water conditioning principal, or a residential, journeyworker, or master plumber during a period when the person's license or registration has been suspended or revoked;

(p) Selling or fraudulently obtaining or furnishing a license or registration to practice as a residential, journeyworker, or master plumber, water conditioning contractor, water conditioning installer, water conditioning principal, or plumbing contractor or aiding or abetting in the activity;

(q) In connection with a construction or building project requiring the services of a person regulated by this article 155, willfully disregarding or violating:

(I) Any building or construction law of this state or any of its political subdivisions;

(II) Any safety or labor law;

(III) Any health law;

(IV) Any workers' compensation insurance law;

(V) Any state or federal law governing withholdings from employee income, including, but not limited to, income taxes, unemployment taxes, or social security taxes; or

(VI) Any reporting, notification, or filing law of this state or the federal government;

(r) Applying for a plumbing permit pursuant to section 12-155-120 (1) if the applicant is not a qualified applicant, as defined in section 12-155-120 (11);

(s) Failing to display plumbing contractor and master plumber registration information, as specified in section 12-155-125.

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

(3) The board may issue and send a confidential letter of concern to a licensee or registrant under the circumstances specified in section 12-20-404 (5).

(4) Any disciplinary action taken by the board shall be in accordance with the provisions of section 12-20-403 and article 4 of title 24.

(5) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 997, § 1, effective October 1. L. 2020: (1)(l) amended, (SB 20-007), ch. 286, p. 1410, § 30, effective July 13. L. 2022: (1)(r) added, (HB 22-1346), ch. 483, p. 3511, § 4, effective January 1, 2023. L. 2024: (1)(a), (1)(l), and (2) amended and (1)(s) added, (HB 24-1344), ch. 343, p. 2325, § 14, effective July 1; (1)(o) and (1)(p) amended, (HB 24-1344), ch. 343, p. 2325, § 15, effective July 1, 2025.

Editor's note: This section is similar to former § 12-58-110 as it existed prior to 2019.