(1) The commission may deny, suspend, or revoke a river outfitter license, place a licensed river outfitter on probation, or issue a letter of admonition to a licensed river outfitter if the applicant or holder:
Violates section 33-32-105 or 33-32-106 or uses fraud, misrepresentation, or deceitin applying for or attempting to apply for licensure;
Unlawfully acts as a river outfitter if such violation results in a conviction;
Advertises as a river outfitter in this state without first obtaining a river outfitterlicense;
Violates any provision of law regulating the practice of river outfitting in anotherjurisdiction if such violation resulted in disciplinary action against the applicant or holder. Evidence of such disciplinary action shall be prima facie evidence for the possible denial of a license or other disciplinary action in this state if the violation resulting in the disciplinary action in such other jurisdiction would be grounds for disciplinary action in this state.
Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two or more second orthird degree criminal trespass convictions within any three- to five-year period while acting as a river outfitter or guide; except that the commission shall be governed by section 24-5-101, C.R.S., when considering any such conviction;
Violates section 33-32-105.5 (1) by employing any person as a guide who fails tomeet the requirements of such section; or
Violates any order of the division or commission or any other provision of this articleor any rules promulgated under this article.
A plea of nolo contendere or a deferred prosecution shall be considered a violationfor the purposes of this section.
(a) Any proceeding to deny, suspend, or revoke a license granted under this article or to place a licensee on probation shall be pursuant to sections 24-4-104 and 24-4-105, C.R.S. Such proceeding may be conducted by an administrative law judge designated pursuant to part 10 of article 30 of title 24, C.R.S.
(b) Any proceeding conducted pursuant to this subsection (3) shall be deemed final for purposes of judicial review. Any appeal of any such proceeding shall be made to the court of appeals pursuant to section 24-4-106 (11), C.R.S.
(4) The commission may deny an application for a river outfitter license or a renewal of a river outfitter's license if the applicant does not meet the requirements specified in section 3332-105 or 33-32-106.
Source: L. 84: Entire article added, p. 931, § 1, effective May 9. L. 88: Entire section amended, p. 1172, § 10, effective October 1. L. 94: Entire section amended, p. 1230, § 8, effective July 1. L. 2012: IP(1), (1)(e), (1)(g), and (4) amended, (HB 12-1317), ch. 248, p. 1231, § 77, effective June 4.