4 CCR 733-1.6 - RESPONSIBILITIES, PROFESSIONAL CONDUCT AND PROHIBITED CONDUCT

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.

Notes

4 CCR 733-1.6

43 CR 13, July 10, 2020, effective 7/30/2020 43 CR 22, November 25, 2020, effective 12/15/2020 44 CR 20, October 25, 2021, effective 11/14/2021 45 CR 17, September 10, 2022, effective 8/15/2022 45 CR 21, November 10, 2022, effective 11/30/2022