Code of Colorado Regulations
700 - Department of Regulatory Agencies
733 - Division of Professions and Occupations - Office of Outfitters Registration
4 CCR 733-1 - OUTFITTERS REGISTRATION RULES AND REGULATIONS
Section 4 CCR 733-1.6 - RESPONSIBILITIES, PROFESSIONAL CONDUCT AND PROHIBITED CONDUCT
Universal Citation: 4 CO Code Regs 733-1 ยง 6
Current through Register Vol. 47, No. 17, September 10, 2024
A. Responsibilities and Professional Conduct
1. A registrant shall be responsible for the
acts of all employees, contracted personnel, and booking agents when those
persons are acting within the scope of their employment, contract, agreement,
at the registrant's direction, or under the registrant's supervision.
2. A registrant shall respect the legal
rights of others, endeavor to promote and practice good stewardship of natural
resources, and provide outfitting services on public lands in a manner such
that they do not interfere with general public access to public land or access
to wildlife on public land.
3. A
registrant shall promptly refund deposits paid by clients upon request if such
deposits are due to a client in accordance with the outfitter's written refund
policy or any other written agreements;
4. A registrant shall honor the terms of
contractual obligations to clients. If the registrant is unable to honor the
terms of a client contract for any reason, the registrant shall immediately
notify the client.
5. A registrant
shall ensure that each client has the necessary permits, stamps, and licenses
prior to hunting or fishing when the registrant identifies this as a service
they expect to provide.
6. A
registrant shall inform clients, employees, contracted personnel, or others who
act on behalf of the registrant of all applicable local, state, and federal
laws related to land management and fish and game laws and maintain proof of
such notification.
7. A registrant
shall clearly indicate to clients the boundaries of the property they will be
hunting or fishing, and inform clients of any special restrictions with
conducting their hunt or fishing.
8. A registrant shall not subject any animal
used in providing outfitting services to abuse, or cruel and inhumane treatment
as provided by Colorado law.
9. A
registrant shall not make any substantially false statements or fail to
disclose any substantial facts requested in connection with an application or
any communication with the Director.
10. A registrant shall not make guarantees as
to the successful taking of fish or wildlife.
11. A registrant shall accurately represent
its facilities, prices, equipment, services or hunting or fishing
opportunities.
12. A registrant
shall not conduct any outfitting services on private or public land, except
legal transportation across such lands, without first having obtained
permission from the landowner or written authorization from the agency
administering the public land.
13.
A registrant shall not condone or willfully allow violations or attempted
violations of state and federal statutes or rules related to trespass, land
use, wildlife, or cruelty to animals by employees, independent contractors, or
clients.
14. A registrant shall
make all attempts to provide for the safety of clients and personnel at all
times, and shall not willfully threaten the safety of the public, clients and
employees.
15. A registrant shall
fully cooperate with private landowners and public land management agencies and
shall adhere to the laws; rules and regulations of the Director; Department of
Natural Resources, including Colorado Parks and Wildlife; United States Forest
Service; National Park Service; Bureau of Land Management; State Land Office;
U.S. Fish and Wildlife Service; and any other government agency having
authority over outfitters or outfitting services.
16. A registrant shall promptly report any
known or observed violation of federal or state law or regulation governing
wildlife, game, or fish to an appropriate law enforcement officer.
B. Cooperation with Investigations Registrants having knowledge of, or involvement in, any alleged violation of any provision of Article 145 of Title 12, C.R.S.; Article 6 of Title 33, C.R.S.; these Rules; or any alleged conduct for which disciplinary action would be warranted under section 12-145-109(1), C.R.S. shall cooperate with any investigation initiated by the Director and furnish such information, assistance,and documentation as may be requested.
C. Advertising Outfitting Services
1. General In any advertisement offering to
provide outfitting services, a registrant shall accurately represent its
facilities, prices, equipment, services and hunting or fishing opportunities. A
registrant shall not engage in fraud, deceit, misrepresentation, or concealment
of any material fact in advertising, soliciting, or in providing outfitting
services to the public.
2.
Advertising via the Internet. Any registrant offering to perform outfitting
services via the internet must include the following minimum information on the
internet site:
a. Name of the
registrant;
b. Mailing and physical
address of the principal location where the registrant offers and/or provides
outfitting services; and,
c.
Registrant's business telephone number.
D. Emergency Guide Replacement
1. Pursuant to section
12-145-109(1)(j),
C.R.S., a registrant shall not be subject to disciplinary action for hiring an
individual who does not meet the requirements of section
12-145-106, C.R.S. in an
"emergency situation." The Director shall consider that an emergency situation
exists only when, due to circumstances beyond a registrant's control, a guide
becomes unable to provide services to a client with less than seven days before
a scheduled hunt. In such a situation, the registrant may employ an individual
who does not have a valid first aid card, first aid instructor's card, or
equivalent training. Any individual hired as a guide in an emergency situation
shall be at least eighteen years old. A registrant may employ an individual who
does not possess a first aid card, first aid instructor's card, or equivalent
training to serve as a guide for either ten calendar days or for one hunting or
fishing excursion, whichever is less.
2. When an emergency situation arises, the
registrant must notify the client, in writing. The registrant and the client
shall sign and date the written notification. The registrant shall maintain a
copy of the signed written notification and provide a copy to the client. The
written notification shall state the following, at a minimum:
a. The nature of the emergency;
b. The individual who will be guiding the
client; and
c. That the replacement
individual fails to meet the requirements section
12-145-106, C.R.S.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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