5 Colo. Code Regs. § 1003-2-100.3
Current through Register Vol. 47, No. 17, September 10, 2024
Section 5 CCR 1003-2-100.3 - WATER QUALITY CONTROL DIVISION AND CONTRACTOR DUTIES: APPEALS OF DETERMINATIONS100.3.1 The Colorado Water Quality Control Division oversees state-wide implementation of this regulation with respect to owner compliance and operator discipline. The local city, city and county, or county with a local graywater control program has exclusive enforcement authority regarding compliance with the ordinance or resolution and, if applicable, rule, including the certified operator in responsible charge requirements for graywater facilities.100.3.2 In carrying out its responsibilities to administer the operator certification program pursuant to Article 9 of Title 25, C.R.S., the Board may select and appoint through contract, one or more independent nonprofit corporations ("contractors") to carry out the following duties, including but not limited to:(a) administering the operator certification program;(b) with the prior approval of the Board for each agreement, a nonprofit corporation contracted by the Board may enter into subsidiary agreements with other nonprofit corporations, educational institutions, and for-profit corporations to carry out the duties assigned by the Board.(c) collecting program fees for administration of the operator certification program;(d) administering validated examinations for operator certification;(e) maintaining records of certified operators;(f) notifying operators of expiration of certificates;(g) providing information on accredited training programs and training requirements;(h) preparing and/or furnishing validated examinations and related materials;(i) collecting fees for examinations and administration of examinations;(j) setting times, dates, and places for holding examinations;(k) ensuring the accurate and unbiased grading of examinations;(l) evaluating work experience of applicants;(m) evaluating and approving training units for renewal of certificate;(n) evaluating and making recommendations for requests for certification from operators holding valid operator certificates from other certifying entities;(o) recording results of examinations;(p) notifying applicants of their examination results;(q) recommending issuance of certificates or issuing certificates in accordance with Board criteria; or(r) preparing and distributing annual reports.100.3.3 The Board retains the final authority for all actions and decisions carried out on behalf of the Board by a nonprofit corporation, educational institution, or for-profit corporation.100.3.4 Any person affected or aggrieved by a decision of the Division or the Board's contractor(s) may request a hearing before the Board within thirty (30) days of notice of such decision by submitting a request containing the following information:(a) identification of the person(s) requesting the hearing and the subject matter of the request'(b) the statutory and/or regulatory authority and factual basis for the request, and(c) the relief requested.100.3.5 The Board shall grant any hearing request made pursuant to section 100.3.4 and shall schedule and conduct an adjudicatory hearing in accordance with section 24-4-105, C.R.S.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