2 CCR 601-16-8.00 - Permit Denial, Revocation, Suspension and Appeal Process
8.01 Notice and a hearing concerning such
denials, revocation or immediate suspension will be provided as required by
§
24-4-104, C.R.S.
8.02 Written notice of denial of a Permit
application, or of denial of Permit renewal, or of Permit revocation, or of
immediate suspension shall be sent to the Permittee by first class mail and
shall specify the grounds for such denial or revocation, including which
requirements, or criteria, of the Rules, state, federal or local law or §
43-1-210.5, C.R.S., the Permittee
has failed to meet.
8.03 No Permit
may be issued or renewed which, in the judgment of the Department, would not be
in the best interests of the State or that would be detrimental to the public
health, safety, welfare, or that would be in conflict with any applicable
federal, state, or local law, or that allows any agricultural purpose other
than Harvesting by mechanical means only.
8.04 The Department may deny, revoke or
suspend a Permit or deny a renewal of a Permit under §
43-1-210.5, C.R.S. based on the
rationale stated therein, including but not limited to:
8.04.1 The Permittee is no longer entitled to
the Permit under these Rules and applicable state law;
8.04.2 The Permittee has violated the terms
or conditions of the Permit or of these Rules.
8.04.3 The Department determines that the
public health, safety or welfare is adversely affected by issuance or renewal
of a Permit.
8.04.4 The Permittee's
proof of insurance indicates it has lapsed, or the Permittee is not able to
produce evidence of sufficient insurance, the sufficiency of which to be
determined by the CDOT Risk Management Office.
8.04.5 Fire bans are put into effect by the
proper fire authority. Such suspension shall occur automatically and without
notice by the Department and shall exist for the duration of the fire ban. No
reimbursement or refunds shall be paid by the state in the event the Permit is
suspended.
8.05 Should a
Permit be revoked or not renewed for any reason, the Permittee shall, at
his/her own expense, restore the ROW to its original condition. If the
Permittee does not accomplish this within thirty (30) days after notification
has been sent by the Department, then the Department shall perform this task
and bill the Permittee for the cost to do so.
8.06 When the Department has reasonable
grounds to believe and finds that the Permittee has been guilty of willful and
deliberate violation of the Rules, or the health, safety, or welfare of the
public imperatively requires emergency action, a Permit may be immediately
suspended as provided in §
24-4-104(4),
C.R.S.
8.07 In such emergency
situations, the Department may take immediate action prior to notice and
hearing.
8.08 When the Department
determines the Harvesting operation is creating an undue safety hazard, all
operations will cease until further notice upon verbal notification to the
Permittee. Such suspension shall not require any compensation, monetary or
otherwise, to the Permittee.
8.09
Notice of Permit suspension shall be sent to the Permittee within one working
day of the suspension of Harvesting by first class mail. Such notice shall set
forth the basis for the emergency action.
8.10 In the event that the Permittee's
insurance should lapse for any reason, this Permit shall immediately be null
and void.
8.11 The Department
reserves the right to order an immediate suspension of the Harvesting
operations for any reason, based on non-compliance with the Rules and the
Permit, or state, federal or local law.
8.12 The Department may temporarily suspend a
Permit if:
8.12.1 The Department learns of
environmentally sensitive, threatened or endangered species being present in
the permitted area.
8.12.2 The
Department learns of new species being identified, in which case the Department
may suspend the Permit until the area can be cleared for the new
species.
8.12.3 The Department
determines that temporarily suspension of the Permit is in the best interests
of the State, and Harvesting operations under the Permit would be detrimental
to the public health, safety, welfare, or would be in conflict with any
applicable federal, state, or local law.
8.13 The provisions of §
43-1-210.5, and §
24-4-104, C.R.S. and these Rules
shall apply to the appeal from the Department's denial of a Permit application,
denial of renewal, Permit revocation, or immediate suspension.
8.14 A request for a hearing shall be made in
writing and must be received by the Department no later than sixty (60) days
after notification is sent by the Department to the Permittee of such
notice.
Notes
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