Colorado § 25-9-104 - Duties of board - rules.

§ 25-9-104. Duties of board - rules.

(1) (a) The board shall elect a chair and secretary each year and shall establish rules in accordance with article 4 of title 24, C.R.S., setting forth the requirements governing certification for water and wastewater facility operators, including:

(I) Application for certification;

(II) Admission to the examinations;

(III) Setting and coordination of examination schedules;

(IV) Recording and issuing of certificates for the class of operator for which the applicant is found to be qualified;

(V) Renewal of certificates;

(VI) Issuance of certificates based on reciprocity;

(VII) Minimum standards of operator performance; and

(VIII) Standards for the accreditation of training programs.

(b) (Deleted by amendment, L. 2013.)

(2) (a) The board may promote and assist in regular training schools and programs designed to aid applicants and other interested persons to acquire the necessary knowledge to meet the certification requirements of this article.

(b) The board shall ensure that an office is maintained for contact with operators and employers.

(c) The board shall ensure, through the use of subject matter experts, that all certification examinations test for information that is relevant to the knowledge that is necessary to operate the level of facility for which certification is sought.

(3) (a) The board shall establish classes of:

(I) Water treatment facility operators;

(II) Domestic wastewater treatment facility operators;

(III) Industrial wastewater treatment facility operators;

(IV) Water distribution system operators;

(V) Wastewater collection system operators;

(VI) Operators for small systems; and

(VII) Other persons who require and qualify for multiple certifications.

(b) In establishing each classification, the board shall differentiate the various levels of complexity to be encountered in water and wastewater facility operation and the qualifications for certification for each class. The board shall set minimum education, experience, examination, and ongoing training requirements for each class.

(4) Except as provided in section 25-9-104.4, the board shall establish for each water and wastewater facility a minimum class of certified operators required for its supervision.

(5) (a) The board shall establish a procedure whereby any decision of the board, the division, or nonprofit corporation contracting with the board can be appealed to the board.

(b) The board may adopt rules as necessary to ensure the proper administration of the program.

(c) The board may promulgate rules to allow the division to immediately suspend or revoke a certification if immediate action is necessary to protect the public health or environment.

(6) The board may exercise other powers and duties as necessary within the scope of this article. The board shall promulgate rules to establish criteria for the discipline or reprimand of any water or wastewater facility operator and for the suspension or revocation of the certification of an operator. The criteria must include:

(a) Willfully or negligently violating, causing, or allowing the violation of rules promulgated under this article or failing to comply with this article;

(b) Submitting false or misleading information on any document provided to the department, the board, or any organization acting on behalf of the board;

(c) Using fraud or deception in the course of employment as an operator;

(d) Failing to conform with minimum standards in the performance of an operator's duties; and

(e) Engaging in dishonest conduct during an examination.

(6.5) (Deleted by amendment, L. 2013.)

(7) Members of the board serve without compensation but are entitled to reimbursement for their necessary expenses.

(8) The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

Source: L. 73: p. 748, § 1. C.R.S. 1963: § 66-38-4. L. 96: IP(6) amended, p. 1477, § 43, effective June 1; (3), (4), and (6) amended, p. 358, § 3, effective July 1. L. 2000: (1) to (5), IP(6), and (6)(b) amended and (6.5) added, p. 769, § 4, effective May 23. L. 2004: (1)(a) amended, p. 282, § 4, effective July 1. L. 2008: (4) amended, p. 351, § 1, effective August 5. L. 2013: Entire section amended, (SB 13-150), ch. 391, p. 2270, § 4, effective July 1. L. 2022: (8) amended, (SB 22-162), ch. 469, p. 3369, § 53, effective August 10.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.