8 Colo. Code Regs. § 1507-32, art. 5
Current through Register Vol. 48, No. 1, January 10, 2025
Article 5 - GROUNDS AND PROCESSES FOR RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATIONS5.1 The Division, in accordance with the Administrative Procedures Act, C.R.S. 24-4-101, et seq., may deny or revoke any certificate or refuse to renew a certificate to any applicant for, but not limited to, the following reasons: 5.1.1 Failure to meet requirements specified in these rules pertaining to the issuance of certificates and/or the renewal of certification5.1.2 Any conduct as described in Section 5.2 pertaining to good cause for disciplinary action5.1.3 Fraud, misrepresentation, or deception in applying for or securing certification. Or in taking any written or practical certification exam5.1.4 Aiding and abetting another person in procuring or attempting to procure certification for any person who is not eligible for certification5.1.5 Creating a disturbance during a state practical skills evaluation or a state written examination, or conducting themselves in a manner that disrupts other persons taking the examination or prevents the examination proctor from conducting the examination.5.2 In addition to the reasons outlined in 5.1, the Division may revoke an individual's Certified Burner certification if the individual is assessed fifteen (15) points as outlined in 5.2.1 during the course of any one certification period. 5.2.1 Violation Point Assessment Table Certified burner initiates a burn outside of prescription parameters based upon morning forecast | Five (5) Points |
Certified Burner obtains an authorization knowingly using false information | Fifteen (15) Points |
Fire escapes from the prescribed area and does not cause damage to the property of the Certified Burner or landowner | Three (3) Points |
An emergency response agency is required to take suppression actions because of a burn led by Certified Burner. | Two (2) Points |
Certified Burner fails to pay suppression charges on an escaped burn within 15 days of receipt of second notice | Three (3) Points |
Certified Burner fails to identify or mitigate smoke sensitive areas | Two (2) Points |
Certified Burner burns without obtaining an authorization | Fifteen (15) Points |
Certified Burner fails to attempt to shut down a burn after notification from the Division or Colorado Air Pollution Control Division | Five (5) Points |
Certified Burner's escaped fire causes damage to the property/improvements of persons other than the Certified Burner | Five (5) Points |
Certified Burner attempts to burn as a Certified Burner without a written prescription at the site of the burn while burn is being conducted | Five (5) Points |
5.2.2 The Division will discover potential violations through direct investigation or from information provided by local or state agencies or the general public. The Division will investigate all allegations of a Certified Burner committing one of the violations in 5.2.1. Following a determination that a violation has been committed, the Division will send a written notice of violation to the Certified Burner's address on file with the Division. Upon receipt of the notification, a Certified Burner then has thirty (30) days to respond in writing to contest the notice of violation. The protest may include any relevant information or documentation as to why the points should not be assessed against the Certified Burner.5.2.3 Once the Division receives a Certified Burner's contest of a violation notice, the Division Director shall determine whether points should be assessed against the Certified Burner and notify the Certified Burner of his or her decision in writing within thirty days of receipt of a Certified Burner's contest of a violation notice. This decision shall be considered a final agency action for the purposes of the Colorado Administrative Procedure Act, 24-4-101, et seq., C.R.S.5.2.4 If a Certified Burner accumulates 15 points during one certification period, the Division will send a notice of decertification to the violator. The Certified Burner has 30 days from the date the notice of decertification is issued to protest the decertification notice to the Division Director. The Division Director shall notify the Certified Burner of his or her decision on the Certified Burner's decertification within 30 days of receipt of a Certified Burner's protest of a decertification notice. This decision shall be considered a final agency action for purposes of the Colorado Administrative Procedure Act, 24-4-101, et seq., C.R.S.5.2.5 Once decertified, an individual must complete the Certified Burner Course and the requisite training task book in order to be recertified as a Certified Burner.38 CR 01, January 10, 2015, effective 1/30/2015