5 Colo. Code Regs. § 1003-2-100.13
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1003-2-100.13 - DISCIPLINARY PROCEEDINGS100.13.1 The Division shall investigate any instances of possible misconduct by certified operators or certified operators in responsible charge. The Division shall present the results of the investigation and its recommendations for any disciplinary action, including reprimand or suspension or revocation of a certificate, to the Board in accordance with section 24-4-104, C.R.S.100.13.2 Certified Operators - In accordance with the procedures in sections 24-4-104 and 105, C.R.S., the Board may reprimand a certified operator, and/or suspend or revoke the certificate of any certified operator who violates the requirements of this regulation, including, but not limited to the following:(a) failing to exercise reasonable care and judgment consistent with the operator's level of certification and degree of responsibility for the operation of a water or wastewater facility;(b) failing to properly perform and/or supervise activities pertinent to controlling the operation of a water or wastewater facility, including, but not limited to the tasks described in section 100.11 of this regulation;(c) willfully or negligently violating, causing, or allowing the violation of this regulation, 5 CCR 1003-2; the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11; the Colorado Discharge Permit System Regulations, 5 CCR 1002-61, or a discharge permit issued thereunder; or any other relevant regulations;(d) submitting false or misleading information on any document provided to the Department, Division, Board, or contractor of the Board;(e) using fraud or deception in the course of employment as a certified operator;(f) failing to conform with minimum standards of performance of a certified operator's duty;(g) engaging in dishonest conduct during an examination;(h) obtaining a certificate through fraud, deceit, or the submission of materially inaccurate application information;(i) representing oneself as holding a valid operator's certificate after the expiration, suspension, or revocation of the certificate; (j) when acting in the capacity of a certified operator, behaving in a threatening, intimidating, demeaning or similar manner in verbal or written communications or in interactions with the public, the regulated community or regulators; or (k) failure to follow the Colorado Certified Water Professionals Code of Conduct (June 2018), available online at https://drive.google.com/file/d/1CzfHNNhvgHhT8glSEYxtqOgsiIdWky5k/view and available for public inspection during normal business hours from the Water and Wastewater Operators Certification Board, 4300 Cherry Creek Drive South, Denver, CO 80246.100.13.3 Certified Operators in Responsible Charge - In accordance with the procedures in sections 24-4-104 and 105, C.R.S., the Board may reprimand a certified operator in responsible charge, and/or suspend or revoke the certificate of any certified operator in responsible charge, who: (a) fails to meet the requirements of a certified operator in responsible charge as defined in section 100.12; and/or(b) willfully or negligently causes, instructs, or allows any other person or operator under his or her charge, direction, or supervision to act in a manner inconsistent with a certified operator's duties and obligations as described in section 100.11 or other relevant parts of this regulation, or to act in a manner inconsistent with any other relevant regulations or permits.100.13.4 Reprimand A reprimand is an official admonition for wrongdoing issued to a certified operator by the Board in the form of a letter, which includes the facts and circumstances leading to the reprimand, the statutory and regulatory provisions at-issue, and a warning of more serious consequences for future wrongdoings.
100.13.5 Suspension (a) The Board may suspend a certificate for a period not to exceed three (3) years.(b) At the end of the suspension period, an operator may resume prior duties without being required to submit a new application for certification.(c) If an operator's certificate is due for renewal during the period of suspension, the operator shall remain subject to the renewal deadline and shall renew the certificate in a timely manner.(d) Certificates renewed during a suspension period shall become valid for a period of three (3) years, effective on the ending date of the suspension period.100.13.6 Revocation (a) Following the revocation of a certificate, an operator may not apply for another certificate in the same classification category as that of the revoked certificate for a period of three (3) years.(b) Any operator whose certificate is revoked shall be treated as a new applicant for purposes of this regulation and must meet all the initial certification requirements, including passing the appropriate certification examination.100.13.7 Emergency Suspension or Revocation The Division may immediately suspend or revoke certificates where such immediate action is necessary to protect the public health or the environment.
100.13.8 Following the suspension or revocation of his or her certificate, an operator shall not represent that he or she holds a certificate in the classification category for which the certificate was suspended or revoked. No person shall operate a water or wastewater facility with a suspended or revoked certificate.37 CR 18, September 25, 2014, effective 10/30/201438 CR 14, July 25, 2015, effective 8/30/201539 CR 01, January 10, 2016, effective 1/30/201639 CR 24, December 25, 2016, effective 1/30/201740 CR 14, July 25, 2017, effective 8/31/201741 CR 20, October 25, 2018, effective 3/1/201941 CR 24, December 25, 2018, effective 3/1/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 05, March 10, 2021, effective 3/31/202144 CR 09, May 10, 2021, effective 5/30/202144 CR 20, October 25, 2021, effective 11/30/2021