2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 115. Electricians
Section 12-115-122. Violations - citations - settlement agreements - hearings - fines - rules.

(1) The board may take disciplinary or other action as authorized by section 12-20-404 in regard to any license or registration issued or applied for under the provisions of this article 115 or may issue a citation to a licensee, registrant, or applicant for licensure for any of the following reasons:

1. Violation of or aiding or abetting in the violation of any of the provisions of thisarticle 115 or an applicable provision of article 20 of this title 12;

2. Violation of the rules or orders promulgated by the board in conformity with theprovisions of this article 115 or aiding or abetting in the violation;

3. Failure or refusal to remove within a reasonable time the cause of the disapproval ofany electrical installation as reported on the notice of disapproval, but a reasonable time shall include time for appeal to and a hearing before the board;

4. Failure or refusal to maintain or adhere to the minimum standards set forth in rulesadopted by the board pursuant to section 12-115-107 (2)(a);

5. Any cause for which the issuance of the license could have been refused had it thenexisted and been known to the board;

6. Commitment of one or more acts or omissions that do not meet generally acceptedstandards of electrical practice;

7. Conviction of or acceptance of a plea of guilty or nolo contendere by a court to afelony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

8. Advertising by any licensee or registrant that is false or misleading;

9. Deception, misrepresentation, or fraud in obtaining or attempting to obtain a license;

10. Failure of a master electrician who is charged with supervising all electrical workperformed by a contractor pursuant to section 12-115-110 (5)(c) to adequately supervise the work or failure of any licensee to adequately directly supervise an apprentice who is working at the trade pursuant to section 12-115-115;

11. Employment of any person required by this article 115 to be licensed or registered orto obtain a permit who has not obtained the license, registration, or permit;

12. Disciplinary action against an electrician's license or registration in another jurisdiction. Evidence of the disciplinary action shall be prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.

13. Providing false information to the board during an investigation with the intent todeceive or mislead the board;

14. Practicing as a residential wireman, journeyman, master, contractor, or apprenticeduring a period when the licensee's license or the registrant's registration has been suspended or revoked;

15. Selling or fraudulently obtaining or furnishing a license to practice as a residentialwireman, journeyman, or master or aiding or abetting therein;

16. In conjunction with any construction or building project requiring the services of anyperson regulated by this article 115, willfully disregarding or violating:

1. Any building or construction law of this state or any of its political subdivisions;

2. Any safety or labor law;

3. Any health law;

4. Any workers' compensation insurance law;

5. Any state or federal law governing withholdings from employee income, includingbut not limited to income taxes, unemployment taxes, or social security taxes; or

6. Any reporting, notification, or filing law of this state or the federal government.

(2) (a) If, pursuant to an inspection or investigation by a state electrical inspector, the board concludes that any licensee, registrant, or applicant for licensure has violated any provision of subsection (1) of this section and that disciplinary action is appropriate, the program director or the program director's designee may issue a citation in accordance with subsection (4) of this section to the licensee, registrant, or applicant.

(b) (I) The licensee, registrant, or applicant to whom a citation has been issued may make a request to negotiate a stipulated settlement agreement with the program director or the program director's designee, if the request is made in writing within ten working days after issuance of the citation that is the subject of the settlement agreement.

(II) All stipulated settlement agreements shall be conducted pursuant to rules adopted by the board pursuant to section 12-115-107 (2)(a). The board shall adopt a rule to allow any licensee, registrant, or applicant unable, in good faith, to settle with the program director to request an administrative hearing pursuant to subsection (2)(c) of this section.

(c) (I) The licensee, registrant, or applicant to whom a citation has been issued may request an administrative hearing to determine the propriety of the citation if the request is made in writing within ten working days after issuance of the citation that is the subject of the hearing or within a reasonable period after negotiations for a stipulated settlement agreement pursuant to subsection (2)(b) of this section have been deemed futile by the program director.

2. For good cause the board may extend the period of time in which a person who hasbeen cited may request a hearing.

3. All hearings conducted pursuant to subsection (2)(c)(I) of this section shall be conducted in compliance with section 24-4-105.

(d) Any action taken by the board pursuant to this section shall be deemed final after the period of time extended to the licensee, registrant, or applicant to contest the action pursuant to this subsection (2) has expired.

(3) (a) The board shall adopt a schedule of fines pursuant to subsection (3)(b) of this section as penalties for violating subsection (1) of this section. The fines shall be assessed in conjunction with the issuance of a citation, pursuant to a stipulated settlement agreement, or following an administrative hearing. The schedule shall be adopted by rule in accordance with section 12-115-107 (2)(a).

(b) In developing the schedule of fines, the board shall:

1. Provide that a first offense may carry a fine of up to one thousand dollars;

2. Provide that a second offense may carry a fine of up to two thousand dollars;

3. Provide that any subsequent offense may carry a fine of up to two thousand dollarsfor each day that subsection (1) of this section is violated;

4. Consider how the violation impacts the public, including any health and safety considerations;

5. Consider whether to provide for a range of fines for any particular violation or typeof violation; and

6. Provide uniformity in the fine schedule.

(4) (a) (I) Any citation issued pursuant to this section shall be in writing, shall adequately describe the nature of the violation, and shall reference the statutory or regulatory provision or order alleged to have been violated.

2. Any citation issued pursuant to this section shall clearly state whether a fine is imposed, the amount of the fine, and that payment for such fine must be remitted within the time specified in the citation if such citation is not contested pursuant to subsection (2) of this section.

3. Any citation issued pursuant to this section shall clearly set forth how the citationmay be contested pursuant to subsection (2) of this section, including any time limitations.

2. A citation or copy of a citation issued pursuant to this section may be served bycertified mail or in person by a state electrical inspector or the program director's designee upon a person or the person's agent in accordance with rule 4 of the Colorado rules of civil procedure.

3. If the recipient fails to give written notice to the board that the recipient intends tocontest the citation or to negotiate a stipulated settlement agreement within ten working days after service of a citation by the board, the citation shall be deemed a final order of the board.

4. (I) The board may take disciplinary action as specified in section 12-20-404 (1)(b) or(1)(d) if the licensee or registrant fails to comply with the requirements set forth in a citation deemed final pursuant to subsection (4)(c) of this section.

(II) Upon completing an investigation, the board shall make one of the following findings:

1. The complaint is without merit and no further action need be taken.

2. There is no reasonable cause to warrant further action.

3. The investigation discloses an instance of conduct that does not warrant formal action and should be dismissed, but the investigation also discloses indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the board shall send a confidential letter of concern to the licensee or registrant in accordance with section 12-20-404 (5).

4. The investigation discloses an instance of conduct that does not warrant formal action but should not be dismissed as being without merit. If this finding is made, the board may send a letter of admonition to the licensee or registrant by certified mail in accordance with section 12-20-404 (4).

5. The investigation discloses facts that warrant further proceedings by formal complaint. If this finding is made, the board shall refer the complaint to the attorney general for preparation and filing of a formal complaint.

(III) The board shall conduct all proceedings pursuant to this subsection (4) expeditiously and informally so that no licensee or registrant is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint.

5. The failure of an applicant for licensure to comply with a citation deemed final pursuant to subsection (4)(c) of this section is grounds for denial of a license.

6. No citation may be issued under this section unless the citation is issued within thesix-month period following the occurrence of the violation.

(5) (a) Any fine collected pursuant to this section shall be transmitted to the state treasurer, who shall credit one-half of the amount of the fine to the general fund, and one-half of the amount of the fine shall be shared with the appropriate city, town, county, or city and county, which amounts shall be transmitted to the entity on an annual basis.

2. Any fine assessed in a citation or an administrative hearing or any amount due pursuant to a stipulated settlement agreement that is not paid may be collected by the program director through a collection agency or in an action in the district court of the county in which the person against whom the fine is imposed resides or in the county in which the office of the program director is located.

3. The attorney general shall provide legal assistance and advice to the program directorin any action to collect an unpaid fine.

4. In any action brought to enforce this subsection (5), reasonable attorney fees andcosts shall be awarded.

(6) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 863, § 1, effective October 1; (1)(j) amended, (SB 19-156), ch. 346, p. 3207, § 17, effective October 1.

Editor's note: (1) This section is similar to former § 12-23-118 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.