Current through Register Vol. 47, No. 5, March 10, 2024
10.1.
NOTICE OF CO MOST PROGRAM VENDOR OR INSTRUCTOR DENIAL, LIMITATION,
REVOCATION, SUSPENSION OR REINSTATEMENT. A CO MOST Program Vendor or CO
MOST Program Instructor will be notified by the CO MOST Program Office in
writing of any denial, limitation, suspension, revocation, or reinstatement
action affecting the participation of either in the CO MOST Program, consistent
with §
24-4-104, CRS.
10.1.1. Consistent with the CO MOST Program
Accountability and Resolution Matrix and applicable provisions of Colorado
statutes, the CO MOST Program will notify the CDOR in writing regarding the
suspension or revocation of a CO MOST Program Instructor by the CO MOST Program
and the effective dates thereof.
10.1.2. Any training provided by a CO MOST
Program Instructor as of and after the effective date(s) of suspension or
revocation will be invalid until the CO MOST Program Office determines the
noncompliance identified has been corrected and/or is no longer present. The CO
MOST Program Office will notify the CDOR in writing of any decision to lift the
suspension or reinstate the valid training status of a CO MOST Program
Instructor, and the effective date(s) thereof.
10.2.
CO MOST PROGRAM VENDOR DENIAL,
LIMITATION, SUSPENSION, AND REVOCATION. The CO MOST Program Office may
deny, limit, suspend, or revoke the CO MOST Program Certification of a CO MOST
Program Vendor for any action or omission violating the purposes, scope or
effect of applicable state law, these rules, CO MOST Program agreements, CO
MOST Program policies, procedures and criteria, the CO MOST PnP and applicable
CO MOST Program Approved Courses. Grounds for denial, limitation, suspension,
or revocation of a CO MOST Program Vendor may include:
10.2.1. Knowingly presenting or allowing to
be presented to the CO MOST Program any false or misleading information
relating to CO MOST Program Vendor Certification or CO MOST Program Vendor
compliance pursuant to these rules;
10.2.2. Permitting or engaging in any fraud
or fraudulent practice concerning an applicant for a Motorcycle license,
waiver, or permit;
10.2.3.
Knowingly or recklessly disregarding, changing, or failing to comply with any
requirements of the rules or other applicable laws and standards relevant to
the CO MOST Program, subject to the provisions of §
24-5-101, CRS;
10.2.4. Failing to correct known
non-compliance identified by a QAR within the response period defined through
the CO MOST Program;
10.2.5. Having
two (2) QARs identifying consistent, repetitive, and/or different infractions
of similar severity rising to a level of non-compliance within a six (6) month
period;
10.2.6. Obtaining CO MOST
Program Vendor Certification based upon false or incorrect information or
mistake;
10.2.7. Engaging in a
pattern or a continuing course of misconduct of harassing, discriminatory, or
offensive behavior with a CO MOST Program student, other CO MOST Program
Vendor(s), CO MOST OR MOST Program Instructors, the CO MOST Program Office,
CSP, or its agents; or
10.2.8. The
violation of any applicable provision of the CO MOST Program PnP.
10.2.9. Any CO MOST Program Vendor may be
summarily suspended, pursuant to §
24-4-104(4),
CRS.
10.3.
CO MOST
PROGRAM INSTRUCTOR DENIAL, LIMITATION, SUSPENSION, AND REVOCATION. The
CO MOST Program may deny, limit, suspend, or revoke a CO MOST Program
Instructor for any action or omission violating the purposes, scope, or effect
of applicable state law, these rules, CO MOST Program agreements, CO MOST
Program policies, programs and criteria, the CO MOST PnP, and/or applicable CO
MOST Program Approved Courses. Grounds for denial, limitation, suspension, or
revocation may include:
10.3.1. Offenses
pursuant to §
43-5-503(3),
CRS;
10.3.2. Knowingly presenting
or allowing to be presented to the CO MOST Program Office any false or
misleading information related to a CO MOST Program Instructor requirement or
compliance pursuant to these rules;
10.3.3. Permitting or engaging in any fraud
or fraudulent practice concerning an application for a Motorcycle license,
waiver, or permit;
10.3.4.
Knowingly or recklessly disregarding, changing, or failing to comply with any
requirements of these rules or other applicable laws or standards relevant to
the CO MOST Program, subject to the provisions of §
24-5-101, CRS;
10.3.5. Failing to correct known
non-compliance identified by a QAR within the response period through the CO
MOST Program;
10.3.6. Having two
(2) QARs identifying consistent, repetitive, and/or different infractions of
similar severity rising to a level of noncompliance within a six (6) month
period;
10.3.7. Obtaining a CO MOST
Program Instructor Certification based upon false or incorrect information or
mistake;
10.3.8. Engaging in a
pattern or a continuing course of conduct of harassing, discriminatory or
offensive behavior with a CO MOST Program student, CO MOST Program Vendor(s),
other CO MOST and MOST Program Instructors, the CO MOST Program Office, CSP, or
its agents;
10.3.9. Being impaired
by alcohol and/or drugs while instructing or being present on a Training Site
or Temporary Training Site while actively delivering or performing as an
Instructor of a CO MOST Approved Course;
10.3.10. Failing to attend the required
minimum of one (1) CO MOST Program Approved PDW per year and/or any other
required CO MOST Program annual meeting, conference, or CO MOST Program
Approved Training, consistent with the terms and conditions set forth within
the CO MOST PnP;
10.3.11. Failing
to teach three (3) complete CO MOST Program Approved Courses, or the equivalent
thereof within the annual CO MOST Program Instructor Certification period
consistent with these rules; and
10.3.12. The violation of any applicable
provision or requirements set forth within the CO MOST Program PnP.
10.3.13. Any CO MOST Program Instructor may
be summarily suspended, pursuant to §
24-4-104(4),
CRS.
10.4.
CO MOST
PROGRAM REINSTATEMENT OF CO MOST VENDORS OR INSTRUCTORS. Upon
determination by the Chief, the CO MOST Program Office may reinstate a CO MOST
Program Vendor or Instructor that has been limited, suspended, or revoked.
10.4.1. The Chief will be responsible for
determining when it is appropriate to reinstate a CO MOST Program Vendor or CO
MOST Program Instructor.
10.4.2.
Reinstated CO MOST Program Vendors or CO MOST Program Instructors will be
notified in writing, delivered to the last known mailing address(es) for a
Vendor or Instructor. If available, notice of reinstatement will also be
emailed to the last known email address for a CO MOST Vendor or Instructor
provided to the CO MOST Program Office.
10.5.
REINSTATEMENT OF A CO MOST
PROGRAM VENDOR. In determining whether it is appropriate to reinstate a
CO MOST Program Vendor, the Chief may consider:
10.5.1. All relevant circumstances, including
the performance and completion of any remedial actions directed by the CO MOST
Program Office consistent with the CO MOST Program Accountability and
Resolution Matrix; and
10.5.2. The
CO MOST Program Vendor's compliance with all applicable requirements set forth
within these rules, relevant statutes, CO MOST Program agreements, applicable
CO MOST Program Approved Courses, and the CO MOST PnP.
10.6.
REINSTATEMENT OF A CO MOST
PROGRAM INSTRUCTOR. In determining whether it is appropriate to
reinstate a CO MOST Program Instructor, the Chief may consider:
10.6.1. All relevant circumstances, including
the performance and completion of any remedial actions by the Instructor
directed by the CO MOST Program Office consistent with the CO MOST Program
Accountability and Resolution Matrix;
10.6.2. Attendance and successful completion
of a CO MOST Program Approved Instructor Training Course or, at minimum, the
successful completion of remedial training as directed by the CO MOST Program
Office, consistent with the CO MOST Program Colorado-specific Instructor Course
requirements detailed within section 7 of these rules; and
10.6.3. The current compliance of a CO MOST
Instructor with all reasonably applicable CO MOST Program Instructor
requirements.
