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T <br />F COLO <br />´┐ŻARD OF EXAMINERS OF WATER WELL CONSTRUCTION AND PUMP INSTALLATION CONTRACTORS <br />+ision of Water Resources <br />1313 Sherman Street, Room 818 <br />Denver, CO 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 BOARD POLICY NO. 2004-02 <br />http://www.water.state.co.us/boe Amended Policy 2004-02A <br />Investigation, Remedial and Disciplinary Action, <br />Fine Schedule and Delegation of Authority <br />To Allege Violations and Negotiate Stipulated Settlement <br />:ADO <br />OF'001 <br />a' y0 <br />y O <br />* ra7s <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director, DNR <br />Hal D. Simpson, P.E. <br />Secretary <br />INTRODUCTION: <br />Senate Bill 03-045 established authority for the Board of Examiners to order <br />investigation of a well, remedial action to correct a well defect or deficiency, and impose <br />penalties such as withhold, suspend, revoke a license, and impose fines of not less than <br />$50 nor more than $1000 for each violation of Articles 90 and 91 of Title 37, and. Board <br />of Examiner's rules promulgated pursuant to Article 91, Title 37. This policy provides <br />the delegation of authority and basic process for implementation of the Board's <br />responsibilities and applicable due process under State Administrative Procedure Act. <br />DISCUSSION: <br />The Board of Examiner's Rules, dated June 2004, provide for investigation of a well, <br />remedial action to correct a well defect or deficiency, and impose penalties such as <br />withhold, suspend, revoke a license, and impose fines. The Board's intent to respond <br />timely to complaints and alleged violations requires the Board to delegate the authority <br />to allege violations and negotiate stipulated settlements with licensed contractors, <br />private drillers and pump installers to the State Engineer. The impact of not delegating <br />this authority will result in some complaints and alleged violations to wait in excess of 60 <br />days prior to obtaining approval to allege violations and 120 days from the alleged <br />violation to approval of a simple stipulated settlement. These delays are not consistent <br />with the Boards desire to allow rapid conclusion of potential violations identified by well <br />inspectors and not contested by licensed contractors and private drillers and pump <br />installers. <br />The Board retains the authority for approval of the stipulation and the licensed <br />contractor and private driller and pump installer retain the right to a hearing on the <br />alleged violations. The process alleging violations and fine schedule allow reasonable <br />certainty for rapid resolution of undisputed facts and timely response to complaints. The <br />stipulated settlement form provides a simple and consistent process to allege violations <br />and resolve the violations with a stipulated settlement of hearing. <br />TIMOTHY L. DECKER, Montrose; H. RAY NEWMYER, Mosm; JEFFREY K. CANFIELD, Fort Morgan, GREG NAUGLE, Denver <br />