Current through Register Vol. 47, No. 5, March 10, 2024
5.1 The Division
will enforce the requirements of these rules by following the provisions of
this section 5.1.
5.1.1 The Division may
issue a notice of violation to a person who is believed to have violated these
rules. The notice shall be delivered to the alleged violator by certified mail,
return receipt requested, or by any means that verifies receipt as reliably as
certified mail, return receipt requested.
5.1.2 The notice of violation shall allege
the facts that constitute a violation
5.1.3 The notice of violation may require the
alleged violator to correct the alleged violation or to stop work until such
time as acceptable conditions exist to continue work.
5.1.4 Within ten working days after delivery
of the notice of violation, the alleged violator may request in writing an
informal conference with the Director (or his designee) concerning the notice
of violation. If the alleged violator fails to request the conference within
ten days, the notice of violation is final and not subject to further review,
and any requirement to correct the alleged violation pursuant to 5.1.3 becomes
a binding enforcement order.
5.1.5
Upon receipt of a request for an informal conference, the Director (or his
designee) shall set a reasonable time and place for the conference and shall
notify the alleged violator of the time and place of the conference. At the
conference, the alleged violator may present evidence and arguments concerning
the allegations in the notice of violation.
5.1.6 Within twenty working days after the
informal conference, the Director shall uphold, modify, or strike the
allegations within the notice of violation and may issue an enforcement order.
The decision and, if applicable, enforcement order shall be delivered to the
alleged violator by certified mail, return receipt requested, or by any means
that verifies receipt as reliably as certified mail, return receipt
requested.
5.2 A person
who is the subject of, and is adversely affected by, a notice of violation or
enforcement order issued pursuant to Article 5 may appeal such action to the
Executive Director. The Executive Director shall hold a hearing to review such
notice or order and take final action in accordance with Article 11 and may
either conduct the hearing personally or appoint an administrative law judge
from the department of personnel.
5.2.1 Final
agency action shall be subject to judicial review pursuant to C.R.S. Article
4 of Title
24.
5.2.2 An alleged violator who is required to
correct an action pursuant to Article 12 shall be afforded the procedures set
forth in section
24-4-104(3),
C.R.S., to the extent applicable.
5.3 The Director may file suit in district
court in the judicial district in which a violation is alleged to have occurred
to judicially enforce an enforcement order issued pursuant to this
section.
5.4 In addition to the
remedies provided in this Article, the Director is authorized to apply to the
district court, in the judicial district where the violation has occurred, for
a temporary or permanent injunction to restrain any person from violation any
provision of section 5.1 regardless of whether there is an adequate remedy at
law.
