(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.
A proceeding for the taking of disciplinary action against the holder of a certificateof 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.
No disciplinary action shall be lawful unless the office of active and inactive mineshas 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.
(Deleted by amendment, L. 2006, p. 282, § 6, effective March 31, 2006.)
The board shall hold a hearing within thirty days of the filing of written charges, andsuch hearing shall be held in accordance with the provisions of section 24-4-105, C.R.S.
No certificate of competency shall be revoked except where the majority of the boardfinds, in writing, based on the evidence of a hearing record, that the holder of the certificate is guilty of:
Reckless disregard of applicable mining law; or
Reckless disregard for compliance with health and safety standards; or
Demonstrated incompetence in the mine which endangers life or property; or
Intentional withholding or altering of mine examination information or reports wherelife and property is endangered.
A written decision by the board made pursuant to section 24-4-105, C.R.S., whichincludes 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.
Final board actions and orders appropriate for judicial review may be reviewed in thecourt 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.
The board shall decide on a case-by-case basis whether a person whose certificatehas 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.
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.
Editor's note: This section is similar to former § 34-21-117 as it existed prior to 1988.