DWR_3604586

• Document Type - Guidance Documents: Policy
• Topic: Board of Examiners
• Title: REVOKED POLICY 2004-2A: DISCIPLINARY ACTION, FINE SCHEDULE AND DELEGATION OF AUTHORITY, STIPULATED SETTLEMENTS
• Document Date: 8/2/2019

STATE OF COLORADO
BOARD OF EXAMINERS OF WATER WELL CONSTRUCTION AND PUMP INSTALLATION CONTRACTORS c
Division of Watcr Resources
1313 Sherman Strcc%Room 818 REVOKED 8/2/2019 ��y F F�j�l
[knvcr, CO 80203 ; � m vePho'
FAX[phone] BOARD POLICY NO. 2004-02 AMENDED
FAxtao3�sc�-3sgQ (AMENDED)
Hill Ritter. Jr
hop ,-www.wmlerstale co.om'boe Governor
Amos D. Sherman
Investigation, Remedial and Disciplinary Action,
E►otunve Direcror. DNR
Fine Schedule and Delegation of Authority
Dick Wolfe. P.E
To Allege Violations and Negotiate Stipulated Settlement
Secretary
INTRODUCTION:
Senate Bill 03-045 established authority for the Board of Examiners to order
investigation of a well, remedial action to correct a well defect or deficiency, and impose
penalties such as withhold, suspend, revoke a license, and impose fines of not less than
$50 nor more than $1000 for each violation of Articles 90 and 91 of Title 37, and Board
of Examiner's rules promulgated pursuant to Article 91, Title 37. This policy provides
the delegation of authority and basic process for implementation of the Board's
responsibilities and applicable due process under State Administrative Procedure Act.
DISCUSSION:
The Board of Examiner's Rules, dated June 2D04, provide for investigation of a well.
remedial action to correct a well defect or deficiency, and impose penalties such as
withhold, suspend, revoke a license, and impose fines. The Board's intent to respond
timely to complaints and alleged violations requires the Board to delegate the authority
to allege violations and negotiate stipulated settlements with licensed contractors.
private drillers and pump installers to the State Engineer. The impact of not delegating
this authority will result in some complaints and alleged violations to wait in excess of 60
days prior to obtaining approval to allege violations and 120 days from the alleged
violation to approval of a simple stipulated settlement. These delays are not consistent
with the Boards desire to allow rapid conclusion of potential violations identified by well
inspectors and not contested by licensed contractors and private drillers and pump
installers.
The Board retains the authority for approval of the stipulation and the licensed
contractor and private driller and pump installer retain the right to a hearing on the
alleged violations. The process alleging violations and fine schedule allow reasonable
certainty for rapid resolution of undisputed facts and timely response to complaints. The
stipulated settlement form provides a simple and consistent process to allege violations
and resolve the violations with a stipulated settlement or hearing.
TIMOTHY L. DECKER., Montrose; JOSEPR T. BENDER, Arvada; JEFFREY K. CANFIELD, Fort Morgan, GREG NAUGLE, Denver