5 Colo. Code Regs. § 1003-2-100.54
Provisions of section 25-9-104, C.R.S. provide the specific statutory authority for the adoption 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
At its November 29, 2016 rulemaking hearing, the board revised section 100.9.7 to state that a facility owner can respond to a notice of violation issued by the division or a civil penalty assessment issued by the Department by "submitting to the Board" a hearing request. Subsequently it came to the board's attention that this revision was not consistent with the Board's enabling statute (section 25-9-110(4), C.R.S.), which requires that the facility owner submit such hearing requests to the division. The board conducted a "written comment only rulemaking hearing" to address this relatively minor issue, and received no comments. In order to align the language in the regulation with the statute, the board is now revising section 100.9.7 to indicate that hearing requests for notices of violation under sections 100.9.1-100.9.5 and related civil penalty assessments are to be submitted to the division. The hearings are then conducted by the board.
5 CCR 1003-2-100.54