Colorado § 37-91-108 - Denial, revocation, or suspension of license.

§ 37-91-108. Denial, revocation, or suspension of license.

(1) The board, by an affirmative vote of at least four of its six members, may withhold, deny, revoke, or suspend any license issued or applied for in accordance with this article 91, upon proof that the licensee or applicant:

(a) Has used fraud or deception in applying for a license or in taking an examination provided for in this article;

(b) Has willfully or negligently violated any of the provisions of this article or of the "Colorado Groundwater Management Act";

(c) Has failed to comply with minimum standards prescribed by section 37-91-110 or the rules of the board promulgated with respect to this article;

(d) Knowingly constructed a well, installed a ground heat exchanger, or installed pumping equipment without a valid permit;

(e) Has knowingly filed with the division of water resources a document containing untrue statements;

(f) Used fraud or deception in collecting fees from persons with whom the licensee contracted for well construction, ground heat exchanger installation, or pump installation;

(g) Failed to submit a report required by the rules of the board;

(h) Authorized a person not directly employed or directly supervised by the licensee to construct wells, install ground heat exchangers, or install pumping equipment under the authority of the licensee's license; or

(i) Has failed to complete the continuing education requirement established in section 37-91-107 within one year after the establishment of such requirement.

(2) No license shall be withheld, denied, revoked, or suspended except in conformity with article 4 of title 24, C.R.S.

(3) A hearing upon a complaint may be initiated only if the complaint was filed with the board within two years after the filing of the completion report for the well, ground heat exchanger, or pumping equipment, the construction or installation of which formed the basis of the complaint. If no completion report was filed, a hearing upon the complaint may be initiated only if the complaint was filed with the board within two years after the discovery of the violation or defect that constituted the grounds for the complaint.

(4) The board may order the nondestructive investigation, abandonment, repair, drilling, redrilling, casing, recasing, deepening, or excavation of a well or ground heat exchanger to protect groundwater resources and the public health if the board finds the action to be necessary to correct violations of article 90 of this title 37, this article 91, or the rules adopted by the board pursuant to this article 91.

(5) The board may assess fines of at least fifty dollars for violations of article 90 of this title 37, this article 91, or the rules adopted by the board pursuant to this article 91 for each violation. The fines shall be credited to the well inspection cash fund created in section 37-80-111.5.

Source: L. 67: p. 696, § 8. C.R.S. 1963: § 148-20-8. L. 85: (1)(c) amended and (1)(d) to (1)(h) and (3) added, p. 1186, §§ 10, 11, effective July 1. L. 2003: (1)(h) amended and (1)(i), (4), and (5) added, p. 1680, §§ 8, 9, effective May 14. L. 2025: IP(1), (1)(d), (1)(f), (1)(g), (1)(h), (3), (4), and (5) amended, (HB 25-1165), ch. 257, p. 1317, § 24, effective August 6.

Cross references: (1) For rule-making and licensing procedures by state agencies, see article 4 of title 24; for the "Colorado Groundwater Management Act", see article 90 of this title 37.

(2) For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.