2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 155. Plumbers
Section 12-155-123. Violation - fines - rules.

(1) (a) If the board concludes that any licensee, registrant, or applicant for licensure has violated any provision of section 12-155-113 and that disciplinary action is appropriate, the program administrator or the program administrator's designee may issue a citation in accordance with subsection (3) 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 administrator or the program administrator'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 12-155-105 (1)(e). The board shall adopt a rule to allow any licensee, registrant, or applicant unable, in good faith, to settle with the program administrator to request an administrative hearing pursuant to subsection (1)(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 (1)(b) of this section have been deemed futile by the program administrator.

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 (1)(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 (1) has expired.

(2) (a) The board shall adopt a schedule of fines pursuant to subsection (2)(b) of this section as penalties for violating section 12-155-113. The fines shall be assessed in conjunction with the issuance of a citation, pursuant to a stipulated settlement agreement, or following an administrative hearing. Such schedule shall be adopted by rule in accordance with section 12155-105 (1)(e).

(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 any provision of section 12-155-113 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.

(3) (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 the fine must be remitted within the time specified in the citation if the citation is not contested pursuant to subsection (1) of this section.

3. Any citation issued pursuant to this section shall clearly set forth how the citationmay be contested pursuant to subsection (1) 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 program administrator or the administrator'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. 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 (3)(c) of this section.

5. The failure of an applicant for licensure to comply with a citation deemed final pursuant to subsection (3)(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.

(4) (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 administrator 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 administrator is located.

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

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

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1007, § 1, effective October 1.

Editor's note: This section is similar to former § 12-58-116.5 as it existed prior to 2019. 12-155-124. Apprentices - rules - repeal. (1) Any person may work as a plumbing apprentice for a registered plumbing contractor but shall not do any plumbing work for which a license is required pursuant to this article 155 except under the supervision of a licensed plumber. Supervision requires that a licensed plumber supervise apprentices at the job site. One licensed journeyman plumber, master plumber, or residential plumber shall not supervise more than three apprentice plumbers at the same job site.

2. Any master, journeyman, or residential plumber who is the supervisor of any plumbing apprentice shall be responsible for the work performed by the apprentice. The license of any plumber may be revoked, suspended, or denied under the provisions of section 12-155113 for any improper work performed by a plumbing apprentice while under the supervision of the licensee.

3. By July 1, 2022, and by July 1 each year thereafter, a registered plumbing contractor,an apprenticeship program registered with the United States department of labor's employment and training administration, and a state apprenticeship council recognized by the United States department of labor that employs a plumbing apprentice in this state shall report to the board the name and contact information of each plumbing apprentice in the apprenticeship program and the cumulative number of practical training hours each plumbing apprentice has completed toward the licensure requirements specified in section 12-155-110. The board shall keep the information reported pursuant to this subsection (3) confidential from all parties other than from the plumbing apprentice through the plumbing apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (8) of this section, indicate whether the plumbing apprentice has completed the required practical training hours in the department of regulatory agencies' online apprenticeship directory.

4. On and after July 1, 2021, contingent on the availability of existing resources withinthe department or the receipt of gifts, grants, and donations pursuant to subsection (8) of this section:

(a) (I) A plumbing apprentice who has been registered for at least six years, has completed six thousand eight hundred hours of practical training, and meets all other license requirements specified in section 12-155-110 shall take the license examination at least every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score.

(II) If a plumbing apprentice has failed to pass the license examination in two consecutive two-year periods, the plumbing apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the plumbing apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.

(b) A plumbing apprentice who has been registered for at least six years and who does not meet the license requirements specified in section 12-155-110 shall take the license examination at least once every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score. Once the plumbing apprentice passes the license examination, the apprentice must meet all other license requirements specified in section 12-155110 before the board may issue a license to the plumbing apprentice.

(5) (a) If the cumulative training hours of a plumbing apprentice are not reported as required by subsection (3) of this section or if a plumbing apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the plumbing apprentice's registration until the requirements are met.

(b) If a plumbing apprentice who is required to take the license examination pursuant to subsection (4) of this section has a learning disability, the plumbing apprentice, plumbing contractor, or apprenticeship program may request that the board make accommodations for the plumbing apprentice to take the examination with the appropriate level of support.

6. A registered plumbing contractor, an apprenticeship program registered with the United States department of labor's employment and training administration, and a state apprenticeship council recognized by the United States department of labor shall remove each plumbing apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.

7. (a) If the department of regulatory agencies is able to implement subsection (4) of this section, the department of regulatory agencies, in consultation with the board, industry stakeholders, examination proctors, national code organizations, apprenticeship training coordinators, and the department of labor and employment, shall conduct research to determine what barriers exist in the preparation and taking of the examination provided for in section 12155-110 for plumbing apprentices for whom English is a second language and, on or before January 1, 2021, shall report its findings, including any legislative or regulatory recommendations, to the general assembly.

(b) This subsection (7) is repealed, effective July 1, 2021.

(8) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1010, § 1, effective October 1. L. 2020: (3) to (8) added, (SB 20-120), ch. 244, p. 1173, § 2, effective September 14.

Editor's note: This section is similar to former § 12-58-117 as it existed prior to 2019.