7 Colo. Code Regs. § 1101-18-2-2

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1101-18-2-2 - Complaints

(1) The Safety Commission may review complaints from any person of alleged violations of the Act.

(a) A person who brings a frivolous complaint, as determined by the Safety Commission, commits a minor violation and is subject to a fine.

(b) The person filing the complaint may voluntarily withdraw the complaint prior to a hearing.

(2) The review of a complaint shall be completed by a Review Committee. The Review Committee shall:

(a) Be comprised of three to five members of the Safety Commission.

(b) Have an equal number of members representing excavators and owners/operators.

(c) Include at least one member who does not represent either excavators or owners/operators.

(3) The complaint process shall include:

(a) A complaint form, and, if applicable, a damage form, being completed and submitted to the Safety Commission.

(i) The Safety Commission, and administrative support staff, reserve the right to not formally receive or process incomplete forms. The person filing the complaint will be advised in writing of the required missing information.

(ii) The timeline for scheduling a complaint hearing will not begin until the complaint form has been completed.

(iii) Both the person filing the complaint and the alleged violator will be sent complaint received letters, a copy of the complaint form, and, if applicable, a copy of the damage form to advise them that the Safety Commission has formally received and begun processing the complaint. Both parties shall also receive copies of supporting documentation, as available.

(b) Within 90 days of the completed complaint form, and, if applicable, a damage form, being formally received, a hearing will be scheduled.

(i) Both the person filing the complaint and the alleged violator will be sent hearing notification letters to advise them of the logistics for the hearing.

(ii) The scheduled hearing date may be modified by mutual agreement of all parties and rescheduled when the Review Committee is available. Postponement requests are possible until the Response Required By Date. Requests made after the Response Required By Date may be denied. Both parties also have the option of submitting written statements as an alternative to postponement. Only one postponement request may be made by each party per complaint.

(c) If applicable, the Safety Commission will file a Data Request Form with Colorado 811 to gain ticket information.

(i) Data may not be available if the information requested is more than three years old.

7 CCR 1101-18-2-2

42 CR 10, May 25, 2019, effective 6/14/2019

47 CR 23, December 10, 2024, effective 1/1/2025