The Division provides these regulations to assist Operators
and Inspectors with safe and proper operation of Amusement Rides and Devices.
The Division may inspect the premises and operation of the Amusement Ride or
Device to insure that the financial and safety standards in this regulation
have been met. When an Amusement Ride or Device is found to be out of
compliance with these regulations, the Division will pursue enforcement actions
against the Operator or Inspector who is in violation of these regulations
and/or statutes (8-20 C.R.S.).
The enforcement process will include requiring the Operator
or Inspector to make repairs and/or upgrades, perform system tests, provide
records and complete other actions to bring the Amusement Ride or Device back
into compliance. During and following the enforcement process, the Division
will continue to assist the Operator or Inspector to remain in compliance. The
enforcement process may include monetary penalties of up to one thousand
dollars ($1,000) per violation per day according to statute (8-20-104 C.R.S.)
if the enforcement obligations are not implemented according to the required
schedule.
6-1-1
Notice of
Violation
(A) A notice of violation
(NOV) may be issued to an Operator when an Amusement Ride or Device is found to
be out of compliance with these regulations and/or statutes. The notice of
violation may include fines and/or an order to cease and desist operation of
the specific Amusement Ride or Device until all violations are satisfactorily
corrected.
An NOV may be issued to an Inspector when the Inspector has
failed to comply with these regulations and/or statutes. The notice of
violation may include fines and/or a suspension of the inspector's
certification.
(B) Within
ten working days after an NOV has been issued, the person issued the NOV may
file a written request with the Division for an informal conference regarding
the NOV. Upon receipt of the request, the Division shall provide the alleged
violator with notice of the date, time and place of the informal conference.
During the conference, the alleged violator and Division personnel may present
information and arguments regarding the allegations and requirements of the
NOV.
(C) Within 20 days after the
informal conference, the Division shall uphold, modify, or strike the
allegations within the NOV in the form of a settlement agreement or an
enforcement order.
(D) If the
alleged violator fails to timely request an informal conference, the terms of
the NOV become a binding enforcement order not subject to further
review.
6-1-2
Enforcement Order
(A) An
enforcement order may be issued when the violations included within an NOV are
not resolved within the prescribed time frame or when the schedule set forth in
a settlement agreement is not met.
(B) An enforcement order may include
increased fines of up to one thousand dollars ($1,000) per violation for each
day of violation. In addition, the enforcement order may include shut-down of
the Amusement Ride or Device and/or suspension or revocation of the permit or
Inspector certification.
(C) An
alleged violator may appeal the enforcement order to the Division for a hearing
under 24-4-105 C.R.S. The Division shall then issue a final decision which is
subject to judicial review under 24-4-106 C.R.S.
6-1-3
Procedure on Revocation,
Suspension, or Denial of Inspector Certification
(A) In any case where the Division denies a
certification or the applicant or certified Inspector is subject to suspension
or revocation for a violation of these regulations, the Division shall notify
the applicant or certified Inspector in writing by first-class mail of the
grounds for denial for the violation. The notice shall state that the applicant
or certified Inspector may request a hearing in accordance with 24-4-104 and
24-4-105 C.R.S.
(B) The Division
may summarily suspend a certification if the Division has objective and
reasonable grounds to believe that the public health, safety, or welfare
requires emergency action. In such case, the Division shall notify the
certified Inspector in writing by first-class mail of the grounds for summary
suspension and shall state that the certified Inspector may request a hearing
in accordance with 24-4-105 C.R.S.
(C) Upon notice of the revocation or
suspension of any certification, the former Inspector shall immediately
surrender to the Division the certification and all copies thereof.
(D) Any person whose certification has been
denied or suspended under Section 3-5 may apply to the Division for a hearing
in order to seek relief.
(1) The hearing shall
be conducted by the Division or an Administrative Law Judge with the Division
of Administrative Hearings on behalf of the Division in accordance with the
procedures of 24-4-105 C.R.S.
(2)
The Division may grant the relief requested in the hearing if the Division
determines that the circumstances regarding the denial, suspension, or
revocation, and the applicant's record and reputation are such that the
granting of such relief is not contrary to public safety.
(E) Any person aggrieved by a decision or
order of the Division may seek judicial review pursuant to the provisions of
24-4-106 C.R.S.
(F) The period of
denial, suspension, or revocation shall be within the sound discretion of the
Division.
(G) Any person who has
been denied a certification may not reapply to the Division for a certification
within one year of the decision, unless exception is made by the Division and
the applicant establishes a substantial change in circumstances to indicate
fitness to hold an Inspector certification in accordance with the requirements
of these regulations.
(H) In case
of revocation or suspension of an Inspector certification, the Division shall
notify all certifying associations that have issued said Inspector any
certifications used for the approval by the Division, after a final decision
has been reached of such revocation or suspension.
Notes
7 CCR 1101-12-6-1
38
CR 13, July 10, 2015, effective 7/30/2015
42
CR 12, June 25, 2019, effective
7/15/2019
47
CR 15, August 10, 2024, effective
8/30/2024
