3 Colo. Code Regs. § 710-1.10

Current through Register Vol. 47, No. 20, October 25, 2024

Section 3 CCR 710-1.10 - ENFORCEMENT

This Rule is promulgated pursuant to sections 12-20-204, 12-115-107(2)(a), and 12-115-122, C.R.S.

A. Cooperation with Board Investigations. Licensees and registrants having knowledge of, and/or involvement in, any alleged violation of Title 12, Article 115, and/or Board Rules, shall cooperate with any investigation initiated by the Board and timely furnish such information or assistance as may be requested.

B. Report Convictions, Judgments, and Administrative Proceedings

1. A licensee or registrant shall inform the Board, in a manner set forth by the Board, within thirty days of any of the following occurrences: the conviction of the registrant or licensee of a felony under the laws of any State or of the United States.

2. A licensee or registrant convicted of a felony under the laws of any State or of the United States is grounds for discipline pursuant to section 12-115-122, C.R.S.

3. For purposes of this Rule, a "conviction" includes:

a. A guilty verdict;

b. A plea of guilty accepted by the court; or

c. A plea of nolo contendere (no contest) accepted by the court.

4. The notice to the Board shall include the following information:

a. The court;

b. The jurisdiction;

c. The case name;

d. The case number; and,

e. A description of the matter or copy of the indictment or charges.

5. The licensee or registrant shall inform the Board of the following information within thirty days of each such occurrence:

a. The imposition of a sentence for a felony conviction; and,

b. The completion of all terms of a sentence for a felony conviction.

6. The licensee or registrant notifying the Board may submit a written statement with any notice under this Rule to be included in the registrant or licensee records.

7. This Rule shall apply to any conviction or plea as described in Board Rule 1.10(B)(3).

C. Citations

1. The citation form shall be completed by the state electrical inspector. Citations will be served by certified mail or in person by a state electrical inspector. Completed, served citation forms will be mailed to the Board for review. The Board maintains the discretion to dismiss the citation at any time.

2. The citation form shall direct the recipient to respond in one of the following ways within ten working days after service of the citation:

a. Pay the fine; or

b. Submit a written request to negotiate a stipulated settlement agreement with the Program Director; or

c. Submit a written request for a formal administrative hearing.

3. Fines

a. If one of the following actions has not been taken by the citation recipient within ten working days following the service of the citation, the citation shall become a final Board action:

(1) Full payment of the fine;

(2) Written request for negotiation of a stipulated settlement agreement;

(3) Written request for a formal administrative hearing.

b. In any action to collect a fine, the Board shall seek reasonable attorney fees and costs.

c. For good cause the Board may extend the 10 day working period, as set forth in Board Rule 1.10, in which a citation recipient may request a hearing.

4. Negotiations

a. A written request and explanation for negotiation of a stipulated settlement agreement shall be submitted to the Program Director or designee and may include information in mitigation of the violation. The date the request for negotiation of a stipulated agreement is received by the Program Director constitutes the submittal date. After reviewing the requested settlement information, the Program Director has the option to authorize the following actions:

(1) Issue a letter of admonition;

(2) Dismiss the citation;

(3) Reduce the fine;

(4) Arrange a payment schedule;

(5) Permit a personal appearance before the Board; and/or,

(6) Refer the matter for a formal administrative hearing.

b. Negotiations may terminate for reasons including but not limited to:

(1) The recipient admits to committing the violation;

(2) The recipient does not conduct settlement negotiations timely and in writing;

(3) The recipient does not present reasonable mitigating or extenuating information in writing;

(4) The Program Director determines the settlement negotiations are not being conducted in good faith or are being conducted for the purpose of delay;

(5) It appears unlikely the parties will reach a negotiated resolution; and/or,

(6) The recipient has prior violations that need to be brought to the Board's attention prior to attempting settlement negotiations.

c. A stipulated settlement agreement shall be considered a violation for the purpose of determining the fine amount in subsequent violations. The stipulated settlement agreement may contain an admission of the violation(s). A stipulated settlement agreement shall be signed and dated by both the Program Director or Board chair or designee and the citation recipient. A stipulated settlement agreement shall be approved by the Board in order to become a final agency order.

d. A written request from the citation recipient to proceed to a formal hearing may be submitted at any time during settlement negotiations. If the negotiations are subsequently deemed futile, the citation recipient shall be notified that payment of the fine or request a formal administrative hearing shall be submitted within ten calendar days. Written settlement information may be used against the licensee, registrant, applicant or respondent at the hearing when unsuccessful settlement negotiations proceed to a formal hearing.

e. When the citation recipient retains an attorney for assistance during stipulated settlement negotiations, the Board or Program Director may request the Attorney General to assist with settlement negotiations.

f. Hearings. Hearings shall be conducted in accordance with the Administrative Procedure Act. The hearings shall be conducted by an administrative law judge at the Office of Administrative Courts. The citation recipient may be represented by counsel of his or her choosing.

(1) At the formal administrative hearing, the Board may pursue the award of the maximum fine allowed by statute. At the formal administrative hearing, the Board may also pursue the award of any other disciplinary sanctions such as revocation, suspension or probation. The Board shall review the entire citation history of a licensee, as found in the Board's records, in any disciplinary action against a licensee.

g. Inspectors shall not negotiate settlements or accept payment of fines.

D. Fine Schedule. The following is the current fine schedule adopted by the Board pursuant to section 12-115-122(3)(a), C.R.S.

Violation	Statutory Provision	1st Offense	2nd Offense	Subsequent Offense
Engaging in the business, trade, or calling of a journeyman electrician without a license	12-115-109(1)	$225	$600	Up to $2,000 per day
Engaging in the business, trade, or calling of a master electrician without a license	12-115-109(1)	$300	$600	Up to $2,000 per day
Engaging in the business, trade, or calling of a residential wireman without a license	12-115-109(2)	$150	$375	Up to $2,000 per day
Performing electrical work beyond the authorization of a residential wireman license	12-115-109(1)	$375	$750	Up to $2,000 per day
Failure of an electrical contractor to register an apprentice	12-115-115(3) 12-115-122(1)(a)	$225	$600	Up to $2,000 per day
Failure of a licensee or registered apprentice to produce a license or registration as required by Rule 7.3	12-115-122(1)(b)	$50	$200	Up to $2,000 per day
Employment by an electrical contractor of unlicensed persons doing electrical work	12-115-122(1)(k)	$300	$600	Up to $2,000 per day
Engaging in the business of an electrical contractor without obtaining registration from the Board	12-115-110(5)(a)	$750	$1,500	Up to $2,000 per day
Applying for an electrical permit if not qualified applicant	12-115-113(1)(r) 12-115-122(1)(q)	$375	$900	Up to $2,000 per day
Failure of a licensed electrician to supervise an apprentice	12-115-115(1), 12-115-115(3)(b) 12-115-122(1)(j)	$375	$600	Up to $2,000 per day
Failure of an electrical contractor to maintain a supervisory ratio of one licensed electrician to three apprentices	12-115-115(1)	$375	$600	Up to $2,000 per day
Failure to obtain a permit and/or failure to obtain an inspection	12-115-120 12-115-122(1)(a)	$375	$900	Up to $2,000 per day
Failure to remove a cause for disapproval of any electrical installation within a reasonable time	12-115-122(1)(c)	$450	$900	Up to $2,000 per day
Advertising by a licensee or registrant which is false or misleading	12-115-122(1)(h)	$375	$750	Up to $2,000 per day
Deception, misrepresentation or fraud in obtaining or attempting to obtain a license (includes loaning a license)	12-115-122(1)(i)	$1,000	$2,000	Up to $2,000 per day
Failure to comply with other state or federal law (safety, health, insurance, tax)	12-115-122(1)(p)	$375	$750	Up to $2,000 per day
Other violations of the state electrical statutes, rules, or Board orders.	12-115-122(1)	Up to $1,000	Up to $2,000	Up to $2,000 per day

E. Compliance. Payment of a fine assessed from a citation does not relieve the receiver of the citation from correcting the situation, installation, statute or code violation noted in the citation.

3 CCR 710-1.10

40 CR 04, February 25, 2017, effective 3/17/2017

40 CR 08, April 25, 2017, effective 6/1/2017

40 CR 12, June 25, 2017, effective 7/15/2017

41 CR 04, February 25, 2018, effective 3/17/2018

41 CR 20, October 25, 2018, effective 11/14/2018

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 12, June 25, 2021, effective 7/15/2021

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 12, June 25, 2022, effective 7/15/2022

45 CR 21, November 10, 2022, effective 11/30/2022

46 CR 13, July 10, 2023, effective 7/30/2023