§ 34-22-107 — Disciplinary action - procedures - grounds

Colorado § 34-22-107

• Jurisdiction: Colorado
• Title 34: Mineral
• Art.: Coal Mine Board of Examiners

Text

(1) In any case in
which consideration is given to taking disciplinary action against the holder of a
certificate of competency issued pursuant to this article, such proceedings shall be
conducted in accordance with the provisions of sections 24-4-104 and 24-4-105,
C.R.S., and no certificate shall be revoked except according to the criteria stated in
this article.

(2) A proceeding for the taking of disciplinary action against the holder of a
certificate of competency may be commenced by the office of active and inactive
mines upon its own motion for good cause shown or by the filing with the office of
active and inactive mines of a written complaint, signed and attested to by the
complainant, stating the name of the certificate holder against whom the complaint
is made, the grounds on which the complaint is made, and a description of the facts
and circumstances that gave rise to the complaint. The office of active and inactive
mines shall have the authority to investigate any complaint to establish good cause
prior to the initiation of disciplinary proceedings.

(3) No disciplinary action shall be lawful unless the office of active and
inactive mines has first given the certificate holder notice, in writing, of the facts or
conduct that may warrant such action, afforded the certificate holder an
opportunity to submit written data, views, and arguments with respect to such facts
or conduct and, except in cases of reckless actions or conduct that demonstrates a
serious disregard for health and safety, given the certificate holder a reasonable
opportunity to comply with all lawful requirements.

(4) (Deleted by amendment, L. 2006, p. 282, � 6, effective March 31, 2006.)

(5) The board shall hold a hearing within thirty days of the filing of written
charges, and such hearing shall be held in accordance with the provisions of section
24-4-105, C.R.S.

(6) No certificate of competency shall be revoked except where the majority
of the board finds, in writing, based on the evidence of a hearing record, that the
holder of the certificate is guilty of:

(a) Reckless disregard of applicable mining law; or

(b) Reckless disregard for compliance with health and safety standards; or

(c) Demonstrated incompetence in the mine which endangers life or
property; or

(d) Intentional withholding or altering of mine examination information or
reports where life and property is endangered.

(7) A written decision by the board made pursuant to section 24-4-105,
C.R.S., which includes findings of fact and conclusions of law, shall be delivered to
the certificate holder within ten days after the conclusion of the hearing. The
written decision will accompany a written notice of disciplinary action. Such notice
shall be delivered to the certificate holder by certified mail, and the disciplinary
action shall be effective upon receipt of the notice. A copy of a notice of suspension
or revocation shall be mailed to any coal mine operator who employs the person
whose certification has been suspended or revoked.

(8) Final board actions and orders appropriate for judicial review may be
reviewed in the court of appeals pursuant to section 24-4-106 (11), C.R.S. Judicial
proceedings to enforce an order or action of the board may be instituted in
accordance with section 24-4-106 (11), C.R.S.

(9) The board shall decide on a case-by-case basis whether a person whose
certificate has been revoked may subsequently be issued a certificate and the
duration of the revocation period, and such decision shall be written in the notice of
revocation.

Legislative History

Source: L. 88: Entire article R&RE, p. 1190, � 3, effective July 1. L. 92: (2) to (4) amended, p. 1933, � 20, effective July 1. L. 96: (3) and (6) amended, p. 377, � 2, effective July 1. L. 2006: (1), (2), (3), (4), and (7) amended, p. 282, � 6, effective March 31.