[Colorado Register, Vol. 42, No. 6, 03/25/2019 Tracking Number 2019-00070]
The Colorado Underground Damage Prevention Safety Commission Regulations 7 CCR 1101-8 became effective on February 14, 2019.
These regulations are to establish rules for the Underground Damage Prevention Safety Commission (Safety Commission) responsibilities within the Excavation Requirements Act §§ 9-1.5-101, et. seq., C.R.S. (the Act). The purpose of the Safety Commission is to prevent injury to persons and damage to property.
Colorado has granted the Safety Commission the ability to review complaints from any person of alleged violations of the Excavation Requirements Act and to pursue enforcement action through penalties or remedial actions where necessary.
The review will be completed by a review committee consisting of 3 – 5 members of the Safety Commission representing an equal number of excavators and owners/operators plus one member that is not representative of either. The review process will include a complaint form submitted to the Safety Commission and within 90 days of submittal, the committee shall schedule a hearing. The Safety Commission may file a Data Request Form with Colorado 811 to access ticket information.
At the hearing, all parties may present information to the committee. After reviewing all oral and written documentation, the committee will determine whether a violation has occurred and report its findings and recommendations 7 days after the completion of the hearing. The findings will then be reviewed by the Safety Commission at the next scheduled meeting and amend any findings which will then be reported to all involved parties within 10 days.
Remedial actions or penalties may be enforced if a violation has occurred. See the table below for Potential Enforcement Penalties.
The Review Committee shall not recommend remedial action or a fine against a homeowner, rancher, or farmer, unless the Review Committee finds by clear and convincing evidence that a violation of the law has occurred.
More information can be found on the Colorado State website.