8 CCR 1202-15, pt. 9 - Disciplinary Actions and Denial of Licensure
9.1. A license will not be issued to any
applicant who:
9.1.1. Is not in total
compliance with PACFA and these Rules and regulations, including payment of
fees and any fines.
9.1.1.1. An initial
applicant for licensure will be allowed a maximum of three (3) inspections
within a time period to be determined by the Commissioner. Failure of these
three inspections will result in denial of licensure, requiring the applicant
to reapply. The initial license fee will not be returned upon denial of
licensure. Any subsequent reapplication must be accompanied with the proper
license fee.
9.1.1.2. An initial
applicant must not conduct any activity for which a license is required by
PACFA until such license is issued. An applicant may request an exemption from
this requirement to the Commissioner, which request will be accepted only in
written form.
9.1.1.3. Subsequent
applications by a person who has been denied a license under this Part will be
considered as an initial application, subject to the provisions of these Rules
and regulations.
9.1.1.4. Persons
denied a license under this Part may reapply after twelve (12) months from the
date of the notice of the denial.
9.1.1.5. Any person who petitions the
Commissioner for a hearing on any denial of the applicant's application may
apply for re-licensure 12 months after the initial date of denial when the
initial denial is upheld.
9.1.2. Has had a license revoked within the
prior two years or whose license is currently suspended. The two-year period of
ineligibility applies to a principal, officer, director, manager or any other
person who has substantial control or authority over the daily operations of
the entity, whether the person applies individually or as a principal, officer,
director, manager or other person who has or would have substantial control or
authority over the daily operations of the same or a different
entity.
9.1.3 Has been convicted of
a local, state or federal offense involving the theft, importation, capture,
neglect, or abuse of an animal, or animal cruelty as defined in article
9 of title
18, C.R.S., or any similar statute of
any other state. As used in this section, "convicted" means having entered a
plea of guilty, including a plea pursuant to a deferred judgment and sentence
under section
18-1.3-102, C.R.S., or a plea of
no contest, or a verdict of guilt from a judge or jury.
9.2. In addition to those grounds set forth
in ยง
35-80-112, C.R.S., the
Commissioner may issue letters of admonition, deny, suspend, refuse to renew,
restrict, or revoke any license on the following grounds:
9.2.1. Submitting falsified information or
making a material and deliberate misstatement on the application for any
original license or for any renewal license, including, but not limited to,
failing to identify all facilities, failing to provide full violation history,
or providing a false name or address.
9.2.2. Making false or fraudulent statements
or providing false or fraudulent records to the Commissioner.
9.2.3. Having been fined, sentenced to jail,
convicted, or having entered a plea of guilty or plea of no contest under any
local, state, or federal law pertaining to the importation or capture of
animals, theft or cruelty, neglect, or abuse of animals. Having been convicted
of a local, state, or federal offense involving the theft, importation,
capture, neglect or abuse of any animal, or cruelty to any animal as defined in
article 9 of title
18, c.r.s., or any similar statute of
any other state. As used in this section, "convicted" means having entered a
plea of guilty, including a plea of guilty entered pursuant to a deferred
judgment and sentence under section
18-1.3-102, c.r.s., or a plea of
no contest, or a verdict of guilt from a judge or jury.
9.2.4. Failure to comply with any provision
of these Rules and regulations.
9.2.5 Refusal to allow the inspector
designated by the Commissioner free and unimpeded access upon consent or upon
obtaining an administrative search warrant to inspect those portions of all
buildings, yards, pens, and other areas in which any animals are kept, handled,
or transported for the purpose of carrying out any provision of PACFA or these
Rules and regulations and to all records required to be kept and may make
copies of such records for the purpose of carrying out any provision of PACFA
or these Rules.
9.2.6. Failure on
three (3) inspections within any twelve-month period.
Notes
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