2 Colo. Code Regs. § 601-16-8.00

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 601-16-8.00 - Permit Denial, Revocation, Suspension and Appeal Process

8.01 Notice and a hearing concerning such denials, revocation or immediate suspension will be provided as required by § 24-4-104, C.R.S.

8.02 Written notice of denial of a Permit application, or of denial of Permit renewal, or of Permit revocation, or of immediate suspension shall be sent to the Permittee by first class mail and shall specify the grounds for such denial or revocation, including which requirements, or criteria, of the Rules, state, federal or local law or § 43-1-210.5, C.R.S., the Permittee has failed to meet.

8.03 No Permit may be issued or renewed which, in the judgment of the Department, would not be in the best interests of the State or that would be detrimental to the public health, safety, welfare, or that would be in conflict with any applicable federal, state, or local law, or that allows any agricultural purpose other than Harvesting by mechanical means only.

8.04 The Department may deny, revoke or suspend a Permit or deny a renewal of a Permit under § 43-1-210.5, C.R.S. based on the rationale stated therein, including but not limited to:

8.04.1 The Permittee is no longer entitled to the Permit under these Rules and applicable state law;

8.04.2 The Permittee has violated the terms or conditions of the Permit or of these Rules.

8.04.3 The Department determines that the public health, safety or welfare is adversely affected by issuance or renewal of a Permit.

8.04.4 The Permittee's proof of insurance indicates it has lapsed, or the Permittee is not able to produce evidence of sufficient insurance, the sufficiency of which to be determined by the CDOT Risk Management Office.

8.04.5 Fire bans are put into effect by the proper fire authority. Such suspension shall occur automatically and without notice by the Department and shall exist for the duration of the fire ban. No reimbursement or refunds shall be paid by the state in the event the Permit is suspended.

8.05 Should a Permit be revoked or not renewed for any reason, the Permittee shall, at his/her own expense, restore the ROW to its original condition. If the Permittee does not accomplish this within thirty (30) days after notification has been sent by the Department, then the Department shall perform this task and bill the Permittee for the cost to do so.

8.06 When the Department has reasonable grounds to believe and finds that the Permittee has been guilty of willful and deliberate violation of the Rules, or the health, safety, or welfare of the public imperatively requires emergency action, a Permit may be immediately suspended as provided in § 24-4-104(4), C.R.S.

8.07 In such emergency situations, the Department may take immediate action prior to notice and hearing.

8.08 When the Department determines the Harvesting operation is creating an undue safety hazard, all operations will cease until further notice upon verbal notification to the Permittee. Such suspension shall not require any compensation, monetary or otherwise, to the Permittee.

8.09 Notice of Permit suspension shall be sent to the Permittee within one working day of the suspension of Harvesting by first class mail. Such notice shall set forth the basis for the emergency action.

8.10 In the event that the Permittee's insurance should lapse for any reason, this Permit shall immediately be null and void.

8.11 The Department reserves the right to order an immediate suspension of the Harvesting operations for any reason, based on non-compliance with the Rules and the Permit, or state, federal or local law.

8.12 The Department may temporarily suspend a Permit if:

8.12.1 The Department learns of environmentally sensitive, threatened or endangered species being present in the permitted area.

8.12.2 The Department learns of new species being identified, in which case the Department may suspend the Permit until the area can be cleared for the new species.

8.12.3 The Department determines that temporarily suspension of the Permit is in the best interests of the State, and Harvesting operations under the Permit would be detrimental to the public health, safety, welfare, or would be in conflict with any applicable federal, state, or local law.

8.13 The provisions of § 43-1-210.5, and § 24-4-104, C.R.S. and these Rules shall apply to the appeal from the Department's denial of a Permit application, denial of renewal, Permit revocation, or immediate suspension.

8.14 A request for a hearing shall be made in writing and must be received by the Department no later than sixty (60) days after notification is sent by the Department to the Permittee of such notice.

2 CCR 601-16-8.00