5 Colo. Code Regs. § 1003-2-100.52
Provisions of section 25-9-104, C.R.S., provide the specific statutory authority for the adoption of these amendments to the established regulatory provisions of Regulation 100 governing the requirements for water and wastewater facility operators (5 CCR 1003-2). The board hereby adopts, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
Sections 100.15.3 and 100.20.1(j). The board added subsection 100.20.1(j) in August 2014 to clarify that the board may take disciplinary action against a certified operator for failure to conduct oneself in a "professional manner." In August 2015, the board adopted section 100.15.3 to include in the list of certified operators' duties the requirement to act in a professional manner. The board made these additions to clarify its expectation that certified operators have an obligation to uphold the integrity of the profession by working with the public, others in the regulated community, and regulators in a dignified manner that fosters trust and respect. The board believes this obligation is important because the profession is directly linked to the important duties of protecting public health and the environment.
The Office of Legislative Legal Services, which conducts legal reviews of all newly-promulgated agency rules, expressed concern after the August 2015 adoption of section 100.15.3 that the language describing "professional manner" was too vague to meet the requirements of the Colorado Administrative Procedures Act, 24-4-101 et. seq., C.R.S. To address these concerns, the board adopted changes to section 100.15.3 to delete the concept of "professional manner," and instead to specifically prohibit certain types of behavior when a certified operator is acting in a professional capacity. These prohibited behaviors are related to a certified operator's demeanor while communicating/interacting with the public, the regulated community and regulators. The board similarly revised section 100.20.1(j) to clarify that certified operators who exhibit such behavior are subject to disciplinary action by the board.
5 CCR 1003-2-100.52