5.1
The Division, in accordance with the Administrative Procedures Act, C.R.S.
24-4-101, et seq., may deny or
revoke any certificate or refuse to renew a certificate to any applicant for,
but not limited to, the following reasons:
5.1.1 Failure to meet requirements specified
in these rules pertaining to the issuance of certificates and/or the renewal of
certification
5.1.2 Any conduct as
described in Section 5.2 pertaining to good cause for disciplinary
action
5.1.3 Fraud,
misrepresentation, or deception in applying for or securing certification. Or
in taking any written or practical certification exam
5.1.4 Aiding and abetting another person in
procuring or attempting to procure certification for any person who is not
eligible for certification
5.1.5
Creating a disturbance during a state practical skills evaluation or a state
written examination, or conducting themselves in a manner that disrupts other
persons taking the examination or prevents the examination proctor from
conducting the examination.
5.2 In addition to the reasons outlined in
5.1, the Division may revoke an individual's Certified Burner certification if
the individual is assessed fifteen (15) points as outlined in 5.2.1 during the
course of any one certification period.
5.2.1
Violation Point Assessment Table
|
Certified burner initiates a burn outside of
prescription parameters based upon morning forecast
|
Five (5) Points
|
|
Certified Burner obtains an authorization knowingly
using false information
|
Fifteen (15) Points
|
|
Fire escapes from the prescribed area and does not
cause damage to the property of the Certified Burner or landowner
|
Three (3) Points
|
|
An emergency response agency is required to take
suppression actions because of a burn led by Certified Burner.
|
Two (2) Points
|
|
Certified Burner fails to pay suppression charges
on an escaped burn within 15 days of receipt of second notice
|
Three (3) Points
|
|
Certified Burner fails to identify or mitigate
smoke sensitive areas
|
Two (2) Points
|
|
Certified Burner burns without obtaining an
authorization
|
Fifteen (15) Points
|
|
Certified Burner fails to attempt to shut down a
burn after notification from the Division or Colorado Air Pollution Control
Division
|
Five (5) Points
|
|
Certified Burner's escaped fire causes damage to
the property/improvements of persons other than the Certified Burner
|
Five (5) Points
|
|
Certified Burner attempts to burn as a Certified
Burner without a written prescription at the site of the burn while burn is
being conducted
|
Five (5) Points
|
5.2.2 The Division will discover potential
violations through direct investigation or from information provided by local
or state agencies or the general public. The Division will investigate all
allegations of a Certified Burner committing one of the violations in 5.2.1.
Following a determination that a violation has been committed, the Division
will send a written notice of violation to the Certified Burner's address on
file with the Division. Upon receipt of the notification, a Certified Burner
then has thirty (30) days to respond in writing to contest the notice of
violation. The protest may include any relevant information or documentation as
to why the points should not be assessed against the Certified
Burner.
5.2.3 Once the Division
receives a Certified Burner's contest of a violation notice, the Division
Director shall determine whether points should be assessed against the
Certified Burner and notify the Certified Burner of his or her decision in
writing within thirty days of receipt of a Certified Burner's contest of a
violation notice. This decision shall be considered a final agency action for
the purposes of the Colorado Administrative Procedure Act,
24-4-101, et seq.,
C.R.S.
5.2.4 If a Certified Burner
accumulates 15 points during one certification period, the Division will send a
notice of decertification to the violator. The Certified Burner has 30 days
from the date the notice of decertification is issued to protest the
decertification notice to the Division Director. The Division Director shall
notify the Certified Burner of his or her decision on the Certified Burner's
decertification within 30 days of receipt of a Certified Burner's protest of a
decertification notice. This decision shall be considered a final agency action
for purposes of the Colorado Administrative Procedure Act,
24-4-101, et seq.,
C.R.S.
5.2.5 Once decertified, an
individual must complete the Certified Burner Course and the requisite training
task book in order to be recertified as a Certified Burner.
