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COLORADO <br /> Division of Water Resources <br /> Department of Natural Resources <br /> Board of Examiners of Water Well Construction <br /> and Pump Installation Contractors <br /> May 23, 2024 <br /> BOE POLICY 2019-2 AMENDED MAY 23, 2024 <br /> INVESTIGATION OF VIOLATIONS <br /> AND NEGOTIATION OF STIPULATED SETTLEMENTS <br /> Background <br /> Article 91 of title 37, Colorado Revised Statutes, establishes the authority of the Board of <br /> Examiners (Board) to order remedial actions to correct a deficiency in well construction or pump <br /> installation, to suspend or revoke a license, and to issue fines between $50 and $1,000 dollars per <br /> violation. This policy describes the process for Staff to investigate violations of statute and the <br /> Board's rules that may warrant action by the Board and to negotiate stipulated settlements, as <br /> previously described in BOE Policy 2004-2A (Revoked 8/2/2019). This Policy does not address the <br /> process for formal complaints filed with the Board by Staff or other persons that initiate a hearing <br /> before the Board, or allegations against unlicensed contractors. <br /> Policy <br /> In order to address alleged violations of statute or the Board's rules, the Board relies on its Staff <br /> to investigate alleged violations and negotiate stipulated settlements with licensed contractors, <br /> authorized individuals, and private drillers and pump installers. <br /> Staff may learn of potential violations through its own investigations (e.g., well inspections and <br /> review of well construction reports) or through information provided by third parties. When Staff <br /> has reason to believe a person may have violated statute or the Board's rules, Staff will send an <br /> Allegation Letter to that person. The letter will describe the nature of the allegations and <br /> identify specific statutes and/or rules that may have been violated. The letter will give the <br /> recipient the opportunity to respond to the allegations and provide additional information. <br /> After Staff has received the response or the deadline for the response has passed, Staff will decide <br /> whether to proceed with the allegations. If Staff decides not to proceed with the allegations, it <br /> will inform the Board of that result and its reasoning and close the file on the allegations. If Staff <br /> does decide to proceed, the next step typically will be to offer a stipulated settlement to the <br /> person accused of the violation. <br /> For violations other than reporting violations, Staff will use its discretion whether to offer a <br /> stipulated settlement to the person accused of the violation pursuant to the Stipulated Settlement <br /> Guide (enclosed) or to summarize the allegation for the Board at its next regularly scheduled <br /> meeting. The Board will consider the allegations and may direct Staff to offer a stipulated <br /> F CO <br /> /tw �0 � <br /> 1313 Sherman Street, Room 818, Denver, CO 80203 P 303.866.3581 httos://dwr.colorado.2ov/ <br /> Christopher J. Sanchez, P.G. I Todd Hunter I Tim Kunau I Robert Hillegas, CDPHE I Jason Ullmann, P.E. I <br /> 1876 <br />