3 Colo. Code Regs. § 720-1.7

Current through Register Vol. 48, No. 1, January 10, 2025

Section 3 CCR 720-1.7 - ENFORCEMENT

A.Knowledge of Violation. Licensees and registrants having knowledge of, or involvement in, any alleged violation of Title 12, Article 155, C.R.S., or Board Rules, shall cooperate with any investigation initiated by the Board and furnish such information or assistance as may be requested.

B. Reporting Felony Convictions

1. A licensee or registrant, as defined in sections 12-155-103(3), (4), (9), (10), and (13), C.R.S., including but not limited to registered plumbing apprentices, registered plumbing contractors, or licensed plumbers (residential, journeyman, and master) shall inform the Board, in a manner set forth in this Rule, within forty- five days of the conviction of the licensee or registrant of a felony under the laws of any state or of the United States.

2. The conviction of the licensee or registrant of a felony under the laws of any state or of the United States is grounds for discipline pursuant to section 12-155-113(1)(f), C.R.S.

3. For purposes of this Rule, a "conviction" includes:

a. A guilty verdict;

b. A plea of guilty accepted by the court; or

c. A plea of nolo contendere (no contest) accepted by the court.

4. The notice to the Board shall include the following information:

a. The court;

b. The jurisdiction;

c. The case name;

d. The case number; and

e. A description of the matter or a copy of the indictment or charges.

5. The licensee or registrant shall inform the Board of the following information within forty-five days of each such occurrence:

a. The imposition of sentence for a felony conviction; and

b. The completion of all terms of a sentence for a felony conviction.

6. The licensee or registrant notifying the Board may submit a written statement with any notice under this Rule to be included in the registrant or licensee records.

7. This Rule shall apply to any conviction or plea as described in Rule 1.7(B)(3).

C. Citations

1.Forms. The citation form will be completed by the state plumbing inspector or by the Board. Citations shall be served by certified mail, in person by a State plumbing inspector, or by waiver of personal service. Personal service provided by the plumbing inspector shall be verified by affidavit. The Program Director will approve the completed and served citation. The Board maintains the discretion to dismiss the citation at any time.

2.Response. The citation form shall direct the recipient to respond in one of the following ways within ten working days after service of the citation:

a. Pay the fine;

b. Submit a written request to negotiate a stipulated settlement agreement with the Program Director; or

c. Submit a written request for a formal administrative hearing.

3.Fines. If one of the following actions is not taken by the citation recipient within ten working days following service of the citation, recipient will be deemed to have failed to comply with the citation:

a. Full payment of the fine;

b. Written request for negotiation of a stipulated settlement agreement; or

c. Written request for a formal administrative hearing. Reasonable attorney fees and costs may be assessed by the Board when taking formal action to collect fines. A citation offense that is more than four years old will not be considered by the Board when determining disciplinary action.

4.Negotiations. All requests and explanation for negotiation of a stipulated settlement agreement shall be submitted to the Program Director or designee in writing and may include information in mitigation of the violation. Inspectors shall not negotiate settlements or accept payments of fines resulting from citations. The date the request for negotiation of a stipulated settlement agreement is received by the Program Director constitutes the submittal date. After reviewing the requested settlement information, the Program Director has the option to authorize any of the following actions:

a. Reduce the fine;

b. Arrange a payment schedule for the fine;

c. Permit a personal appearance before the Board;

d. Refer the matter to the Board.

5.Termination of negotiations. Negotiations may terminate for reasons including but not limited to:

a. The recipient admits to committing the violation;

b. The recipient does not conduct settlement negotiations timely and in writing;

c. The recipient does not present reasonable mitigating or extenuating information in writing;

d. The Program Director determines the settlement negotiations are not being conducted in good faith or are being conducted for the purpose of delay;

e. It appears unlikely the parties will reach a negotiated resolution;

f. The recipient has prior violations that need to be brought to the Board's attention prior to attempting settlement negotiations.

6.Stipulation Agreement. A stipulated settlement agreement shall be signed and dated by the Program Director and the citation recipient. The stipulated settlement agreement shall be approved by the Board to become final and shall contain an admission of the violation(s), unless good cause exists, in the Program Director's discretion, to omit one or more admissions. A stipulated settlement agreement shall be considered a violation for the purpose of determining the fine amount of subsequent violations.

7.Formal Hearing. A written request from the citation recipient to proceed to a formal hearing may be submitted at any time during settlement negotiations. If the negotiations are subsequently deemed futile, the citation recipient shall be notified that payment of the fine or request for a formal administrative hearing shall be submitted within ten calendar days. Written settlement information may be used against the licensee, registrant, or applicant respondent at the hearing when unsuccessful settlement negotiations proceed to a formal administrative hearing.

8.Attorney General Assistance. The Board or Program Director may request that the Attorney General assist with settlement negotiations when the citation recipient retains an attorney for assistance during the stipulated settlement negotiations.

9.Hearings. Hearings shall be conducted by an administrative law judge at the Office of Administrative Courts. The citation recipient may be represented at the hearing by counsel of his or her choosing. Hearings shall be conducted in accordance with the Administrative Procedure Act, Title 24, Article 4, C.R.S.

a. Board action. At the formal administrative hearing, the Board may pursue the maximum fine allowed by statute. At the formal administrative hearing, the Board may also pursue any other disciplinary sanctions such as revocation, suspension, or probation.

D. The following is the current fine schedule adopted by the Board pursuant to section 12-155-123(2), C.R.S.

Violation	Statutory/Rule Provision	1st	2nd	3rd
Engaging in the business, trade, or calling of a residential plumber without a license	12-155-108(1) 12-155-113(1)(a) 12-155-113(1)(o)	$150	$375	Up to $2,000 per day
Engaging in the business, trade or calling of a journeyman plumber without a license	12-155-108(1) 12-155-113(1)(a) 12-155-113(1)(o)	$225	$600	Up to $2,000 per day
Engaging in the business, trade or calling of a master plumber without a license	12-155-108(1) 12-155-113(1)(a) 12-155-113(1)(o)	$300	$600	Up to $2,000 per day
Engaging in the business, trade, or calling of a registered water conditioning installer without being registered by the Board	12-155-108(1) 12-155-113(1)(a) 12-155-113(1)(o)	$150	$375	Up to $2,000 per day
Engaging in the business, trade or calling of a registered water conditioning principal without being registered by the Board	12-155-108(1) 12-155-113(1)(a) 12-155-113(1)(o)	$225	$600	Up to $2,000 per day
Engaging in the business, trade or calling of a registered water conditioning contractor without being registered by the Board	12-155-108(1) 12-155-113(1)(a) 12-155-113(1)(o)	$300	$600	Up to $2,000 per day
Failure of a plumbing contractor to register an apprentice	12-155-108(2)(b) 12-155-113(1)(a)	$225	$600	Up to $2,000 per day
Failure of an apprentice to work under the supervision of a licensed plumber	12-155-124(1) 12-155-113(1)(a)	$50	$200	Up to $2,000 per day
Employment of unlicensed personnel to perform plumbing work	12-155-113(1)(k)	$300	$600	Up to $2,000 per day
Operating as a plumbing contractor without obtaining registration from the Board	12-155-108(3) 12-155-113(1)(a)	$750	$1,500	Up to $2,000 per day
Failure of a licensee to supervise a plumbing apprentice	12-155-113(1)(i) 12-155-124	$375	$600	Up to $2,000 per day
Supervision by a residential, journeyman, or master plumber of more than three apprentice plumbers at the same jobsite	12-155-124(1) 12-155-113(1)(a)	$375	$600	Up to $2,000 per day
Failure to obtain a permit and/or failure to obtain an inspection	12-155-120(1) 12-155-113(1)(a)	$375	$900	Up to $2,000 per day
Failure of a licensed or registered individual working as a plumber to carry on his or her person the appropriate license, temporary work permit, or registration	12-155-113(1)(b) Rule 1.4(G)	$150	$375	Up to $2,000 per day
Failure to remove a cause for disapproval of any plumbing installation within a reasonable time	12-155-113(1)(c)	$450	$900	Up to $2,000 per day
Advertising by a licensee or registrant which is false or misleading	12-155-113(1)(g)	$375	$750	Up to $2,000 per day
Deception, misrepresentation or fraud in obtaining or attempting to obtain a license	12-155-113(1)(h)	$1,000	$2,000	Up to $2,000 per day
Violating other state law in connection with a construction project (i.e., construction, safety, labor, health, worker's compensation insurance, or tax law)	12-155-108(3) 12-155-113(1)(q)	$375	$750	Up to $2,000 per day
Other violations of Article 155 of Title 12, C.R.S. or any Board Rule	12-155-113(1)	Up to $1,000	Up to $2,000	Up to $2,000 per day

E. Compliance. Payment of a fine assessed from a citation does not relieve the receiver of the citation from correcting the situation, installation, statute or code violation noted in the citation.

3 CCR 720-1.7

43 CR 10, May 25, 2020, effective 6/14/2020

44 CR 15, August 10, 2021, effective 8/30/2021

44 CR 22, November 25, 2021, effective 12/15/2021

45 CR 22, November 25, 2022, effective 12/15/2022

46 CR 06, March 25, 2023, effective 4/14/2023