An Outfitter and Guide Member of the Colorado Outfitters Association shall:

 

Colorado Revised Statute 12-55.5-106

 

ARTICLE 55.5: OUTFITTERS AND GUIDES

  (1) Except as otherwise provided in this article, the director shall issue an initial or renewed certificate
        of registration as an outfitter to any individual who pays the required fee and furnishes evidence
        satisfactory to the director that such individual:
  (a) Is eighteen years of age or older;
  (b) Holds a valid instructor's card in first aid or a standard first aid card issued by the American red 
        cross or evidence of equivalent training;
  (c) Possesses minimum liability insurance coverage in the amount of fifty thousand dollars for bodily
        injury to one person in any single accident and one hundred thousand dollars for bodily injury to all
        persons in any single accident;
  (d) Has submitted to the director a surety bond in the minimum sum of ten thousand dollars, executed
        by the applicant as principal and by a surety company qualified and authorized to do business in this state
        as surety. Such bond shall be conditioned upon compliance with the provisions of this article and with the
        rules and regulations promulgated under this article.
  (e) Holds a valid first aid or first aid instructor's card issued by the American red cross or evidence of
        equivalent training credentials as approved by the director; and
  (f) Has, or will have before providing outfitting services, all the required permits or written permission
       on the land where the outfitter provides outfitting services.
  (2) and (3) (Deleted by amendment, L. 93, p. 1490, 3, effective July 1, 1993.)

  (4) An individual or entity may register as an outfitter. An application for registration of an entity shall
        include the names of all officers, directors, members, partners, owners of at least ten percent of the entity,
        and other persons who have managing or controlling authority in the entity. The entity shall designate on
        the application for outfitter registration one of its officers, directors, members, partners, or other controlling
        or managing individuals to be the responsible party and agent for the entity for all communications with
        the division. If the entity changes its responsible party and agent, it shall notify the division within ten
        working days after the name change and provide contact information for the new responsible party and 
        agent. If such responsible party and agent does not provide guide services, he or she shall not be
        required to comply with paragraph (b) of subsection (1) of this section.
  (5) Renewals and reinstatement of certificates shall be pursuant to a schedule established by the
        director of the division of registrations within the department of regulatory agencies and shall be renewed
        or reinstated pursuant to section 24-34-102 (8), C.RS. The director of the division of registrations within
        the department of regulatory agencies may establish renewal fees and delinquency fees for reinstatement
        pursuant to section 24-34-105, C.R.S. If a person fails to renew his or her certification pursuant to the
        schedule established by the director of the division of registrations, such certificate shall expire. Any
        person whose certificate has expired shall be subject to the penalties provided in this article or section 2434-

  102 (8), C.RS.

  12-55.5-106. Disciplinary actions -grounds for discipline.

  (1) The director may deny, suspend, revoke, or place on probation an outfitter's registration if the
         applicant or holder:
  (a) Violates any order of the division or the director or any provision of this article or the rules and
        regulations established under this article;
  (b) Fails to meet the requirements of section 12-55.5-105 or uses fraud, misrepresentation, or deceit
         in applying for or attempting to apply for registration;
  (c) Violates any local, state, or federal law related to public land management, wildlife, health, or
        cruelty to animals, including, but not limited to, section 33-6-113, C.RS.;
        Effective July 1, 2006 Page 30f8


ARTICLE 55.5: OUTFITTERS AND GUIDES

  (d) Is convicted of or has entered a plea of nolo contendere or guilty to a felony; except that the
        director shall be governed by the provisions of section 24-5-101, C.R.S., in considering such conviction or 
        plea;
  (e) Uses false, deceptive, or misleading advertising;
  (f) Misrepresents his services, facilities, or equipment to a client or prospective client;
  (g) Is addicted to or dependent upon alcohol or any controlled substance or is a habitual user of a 
        controlled substance as defined in section 18-18-102 (5), C.R.S.;
  (h) Has incurred disciplinary action related to the practice of outfitting in another jurisdiction. Evidence
        of such disciplinary action shall be prima facie evidence for denial of registration or other disciplinary
        action if the violation would be grounds for such disciplinary action in this state.
  (i) Has been convicted of second or third degree criminal trespass pursuant to section 18-4-503 or 
       18-4-504, C.R.S.; except that the director shall be governed by the provisions of section 24-5-101,
       C.R.S., in considering such conviction;
  (j) Hires any person as a guide who fails to meet the requirements of section 12-55.5-103.5, unless
       such hiring is a result of an emergency situation, as defined by rules promulgated by the director, in which
       case the outfitter may hire a guide who does not possess a valid first aid card or first aid instructor's card;
  (k) Serves or consumes alcohol while engaged in the activities of an outfitter, if the applicant or holder
        is under twenty-one years of age; or
  (I) Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two or more second or third degree
        criminal trespass convictions within any three-to five-year period while acting as an outfitter or guide.
  (2) Any proceeding to deny, suspend, revoke, or place on probation a registration shall be conducted
        pursuant to sections 24-4-104 and 24-4-105, C.R.S. The director may use an administrative law judge
        employed by the office of administrative courts in the department of personnel to conduct hearings. Any
        person whose registration is denied, suspended, placed on probation, or revoked shall pay for the costs
        incurred in bringing and conducting such proceeding.
  (3) (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of
         the director, does not warrant formal action by the director but that should not be dismissed as being
        without merit, a letter of admonition may be issued and sent, by certified mail, to the registrant.
  (b) When a letter of admonition is sent by the director, by certified mail, to a registrant, such registrant
         shall be advised that he or she has the right to request in writing, within twenty days after receipt of the
        letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon
        which the letter of admonition is based. 
  (c) If the request for adjudication is timely made, the letter of admonition shall be deemed vacated
        and the matter shall be processed by means of formal disciplinary proceedings.
  (4) Notwithstanding any other provision of this article, the director may deny an initial or renewal
        application for registration if:
  (a) The applicant is an individual who was previously listed as participating in an entity pursuant to
        section 12-55.5-105 (4), and such entity was subjected to discipline under this article;
  (b) The applicant is an entity, the entity lists an individual as participating in the entity pursuant to
        section 12-55.5-105 (4), and that individual was previously listed as a participating person in an entity that
       was subjected to discipline under this article; or
  (c) The applicant is an entity, the entity lists an individual as a participating person pursuant to section
        12-55.5-105 (4), and that individual was previously subjected to discipline under this article.
        Effective July 1,2006 Page 4 of8


ARTICLE 55.5: OUTFITTERS AND GUIDES

  (5) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of
         the director, warrants formal action, the complaint shall not be resolved by a deferred settlement, action,
         judgment. or prosecution.
        12-55.5-107. Penalties.

  (1) Any person who violates the provisions of this article or the rules of the director promulgated
        under this article may be penalized by the director upon a finding of a violation subject to article 4 of title
        24, C.R.S., as follows:
  (a) In the first administrative proceeding against any person, a fine of not less than one hundred 
        dollars but not more than five hundred dollars per violation;
  (b) In any subsequent administrative proceeding against any person for transactions occurring after a
        final agency action determining that a violation of this article has occurred, a fine of not less than one
        thousand dollars but not more than two thousand dollars per violation;
  (c) In an administrative proceeding against a person for a violation of section 12-55.5-103 (1), a fine
        of not less than one thousand dollars but not more than five thousand dollars per violation.
  (1.5) Repealed.
  (2) In addition to the penalties provided in subsection (1) of this section, the director, upon a finding of
        a violation, may deny, suspend, revoke, or place on probation an outfitter's registration or take other
       disciplinary action as provided in section 12-55.5-106 (3).
  (3) Any person who engages in activities as an outfrtter shall maintain all applicable documents,
        records, and other items, for the current year and the preceding four years at the address listed on the
        registration, required to be maintained by this article or by the rules or regulations of the director when
        requested to do so by any peace officer. Any such person who refuses to permit the inspection of such
        documents, records, or items is guilty of a misdemeanor and shall be punished by a fine of one hundred
        dollars.
  (4) (Deleted by amendment, L. 93, p. 1491, 5, effective July 1, 1993.)
  (5) All fines collected pursuant to this article shall be distributed as follows:
  (a) Fifty percent divided by the court between any federal, state, or local law enforcement agency
        assisting with an investigation;
  (b) Fifty percent to the division for the cost of administering this article.
  12-55.5-107.5. Violations -penalties -distribution of fines collected. (Repealed)

  (1) Repealed.
  (2) Repealed. 
  

 


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