Colorado § 33-32-109 - Denial, suspension, or revocation of license - disciplinary actions.

§ 33-32-109. Denial, suspension, or revocation of license - disciplinary actions.

(1) The commission, in accordance with subsection (3) of this section, may deny, suspend, or revoke a river outfitter license, place a licensed river outfitter on probation, or issue a letter of admonition to a licensed river outfitter if the applicant or license holder:

(a) Violates section 33-32-105 or 33-32-106 or uses fraud, misrepresentation, or deceit in applying for or attempting to apply for licensure;

(b) Unlawfully acts as a river outfitter if such violation results in a conviction;

(c) Advertises as a river outfitter in this state without first obtaining a river outfitter license;

(d) Violates any provision of law regulating the practice of river outfitting in another jurisdiction if such violation resulted in disciplinary action against the applicant or license holder. Evidence of such disciplinary action shall be considered prima facie evidence for the possible denial, suspension, or revocation of a license or other disciplinary action in this state if the violation resulting in the disciplinary action in such other jurisdiction would be grounds for disciplinary action in this state.

(e) Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two or more second or third degree criminal trespass convictions within any three- to five-year period while acting as a river outfitter or guide; except that the commission shall be governed by section 24-5-101, C.R.S., when considering any such conviction;

(f) Violates section 33-32-105.5 (1) by employing any person as a guide who fails to meet the requirements of such section; or

(g) Violates any order of the division or commission or any other provision of this article or any rules promulgated under this article.

(2) A plea of nolo contendere or a deferred prosecution shall be considered a violation for the purposes of this section.

(3) (a) (I) Any proceeding to deny, suspend, or revoke a license granted under this article 32 or to place a licensee on probation shall be conducted pursuant to this subsection (3) and subsection (4) of this section. Such proceeding may be conducted by a hearing officer designated by the commission pursuant to this subsection (3).

(II) The commission, when bringing an action against a license holder or an applicant pursuant to subsection (1) of this section, or a hearing officer who has been delegated authority by the commission, shall provide the license holder or applicant notice of the action. Such notice must:

(A) Be sent by certified mail, with a return receipt requested;

(B) Be sent to the last-known address of the license holder or applicant;

(C) State the basis for the action under subsection (1) of this section; and

(D) Include the date and location of the hearing.

(III) A license holder or an applicant who receives a notice from the commission pursuant to subsection (3)(a)(II) of this section shall be given the opportunity to appear and dispute the commission's allegation and demonstrate at the hearing why the license holder's license should not be suspended or revoked, why the license holder should not be placed on probation or issued a letter of admonition, or why the applicant should not be denied a license.

(b) (I) Any hearing conducted pursuant to this subsection (3) shall be conducted by a hearing officer on behalf of the commission. The director shall appoint the hearing officer, who may be an employee of the division.

(II) Any hearing conducted pursuant to this section shall be held in the regional or area office of the division nearest to the last-known residence of the license holder or applicant or, in the case of a nonresident license holder or applicant, in such other location as may be determined by the division.

(c) In conducting a hearing pursuant to this subsection (3), the hearing officer may administer oaths and affirmations, issue subpoenas for the attendance of witnesses or the production of documents, and apply to a district court with proper jurisdiction for the enforcement of those subpoenas. The hearing officer is not subject to part 10 of article 30 of title 24.

(d) The hearing officer's determination in the hearing shall be sent to the license holder or applicant by certified mail, with a return receipt requested, to the license holder's or applicant's last-known address within thirty days after the conclusion of the hearing.

(e) A license holder or an applicant may appeal the hearing officer's determination to the commission by filing a notice of appeal with the commission within thirty-five days after notice of the hearing officer's determination is sent in accordance with subsection (3)(d) of this section.

(4) (a) The commission may deny an application for a river outfitter license or a renewal of a river outfitter license if the license holder or applicant:

(I) Does not meet the requirements specified in section 33-32-105 or 33-32-106; or

(II) Commits an act described in subsection (1) of this section.

(b) If the commission denies an application for a river outfitter license or an application for a renewal of a river outfitter license, the license holder or applicant may request a hearing in accordance with subsection (3) of this section within sixty days after the date that the application was denied by the commission.

Source: L. 84: Entire article added, p. 931, § 1, effective May 9. L. 88: Entire section amended, p. 1172, § 10, effective October 1. L. 94: Entire section amended, p. 1230, § 8, effective July 1. L. 2012: IP(1), (1)(e), (1)(g), and (4) amended, (HB 12-1317), ch. 248, p. 1231, § 77, effective June 4. L. 2024: IP(1), (1)(d), (3), and (4) amended, (SB 24-161), ch. 150, p. 608, § 7, effective August 7.