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A. First Conviction: Upon first conviction of a violation of any provision of this part, or aiding anyone else in the violation of this part, the penalty shall be a fine of not less than one hundred dollars ($100.00), or imprisonment for a period of not more than ninety (90) days, or both.
B. Second Conviction: Upon a second conviction of a violation of any provision of this part, or aiding anyone else in a violation of this part, the penalty shall be a fine of not less than two hundred fifty dollars ($250.00), or imprisonment for a period of not more than ninety (90) days, or both.
C. Third And Subsequent Convictions: Upon a third or subsequent conviction of a violation of any provision of this part, or aiding anyone else in the violation of this part, the penalty shall be a fine of not less than three hundred fifty dollars ($350.00), or imprisonment for a period of not more than ninety (90) days, or both. (Ord. 06-241)
The City Council hereby finds that the suspension or revocation of a license may be necessary in the public interest when a licensee fails to exercise the privileges associated with the license in accord with the provisions of this Code and the utility service installer license rules and procedures. Utilities is authorized to initiate suspension or revocation proceedings against a licensee when these circumstances arise. Utilities is authorized to suspend licenses or to conduct revocation hearings in accord with the utility service installer license rules and procedures and this Code. (Ord. 06-241)
The grounds for suspension or revocation of a utility service installer license are as follows:
A. The licensee or any agent or employee of the licensee fails to pay fees when due to the Utilities or fails to pay charges incurred to the Utilities.
B. The licensee or any agent or employee of the licensee violated any provision of this Code pertaining to the license or of any regulation or order relating to the license lawfully made under the authority of this Code.
C. The licensee or any agent or employee of the licensee violated any provision of the utility service installer license rules and procedures, Utilities' tariffs or Utilities' line extension and service standards.
D. The licensee or any agent or employee of the licensee violated any law of the United States, of the State of Colorado or of the City of Colorado Springs when the violation concerns conduct or activity related to the installation of natural gas service lines.
E. The licensee's conduct, or that of any agent or employee of the licensee, rises to the level of a threat to the health, safety or welfare of the public. (Ord. 06-241)
A. Suspension Of A License: Notice of suspension, suspension, and review of the suspension by the Chief Executive Officer, or by the Chief Executive Officer's designee, shall occur as provided in the utility service installer license rules and procedures. Upon the suspension of the utility service installer license, the licensee shall cease and desist installing natural gas service lines for connection to Utilities' natural gas distribution system.
B. Revocation Of A License: Utilities shall initiate revocation proceedings by issuing to the licensee an order to show cause why the license should not be revoked.
1. The order to show cause shall give the licensee notice of the alleged grounds for revocation and of the date, time and place of the hearing on the alleged violations.
2. The order to show cause shall be served upon the licensee not less than ten (10) days prior to the scheduled hearing date, including Saturdays, Sundays and City holidays. Service may be accomplished by hand delivery to the licensee, the managing agent or the agent for process or by first class certified mail, postage prepaid, to the last address furnished to the Utilities by the licensee.
3. If the licensee has a permanent business location, Utilities may also affix a copy of the order to show cause to the principal entrance of the licensee's business premises, which is deemed to be the principal place of business or the main office, or may affix a copy to a prominent structure on the licensee's business premises. (Ord. 06-241; Ord. 18-42)
A. Hearing Officer Designated: A hearing in accord with the utility service installer license rules and procedures and this Code shall be held upon the allegations contained in the order to show cause. The City Attorney shall designate a Hearing Officer to conduct the hearing.
B. Representation: Utilities may be represented by an attorney from the Office of the City Attorney. The licensee may be represented by counsel or may proceed pro se. The licensee will be given an opportunity to be heard, present evidence, cross examine witnesses and offer evidence in mitigation of any alleged violations.
C. City Attorney: At Utilities' discretion, an attorney from the Office of the City Attorney may advise the Hearing Officer regarding any procedural questions during a revocation hearing. Under no circumstances shall the attorney providing advice to the Hearing Officer and the attorney representing Utilities be the same person.
D. Administrative Hearing: As a revocation hearing is an administrative hearing, the Hearing Officer shall not be bound by the Colorado Rules of Civil Procedure or the Colorado Rules of Evidence. The Hearing Officer may consider hearsay evidence, or any other evidence reasonably calculated to assist the Hearing Officer in rendering a decision, and give that evidence whatever weight the Hearing Officer deems appropriate. Depending upon the nature or complexity of the revocation hearing, the Hearing Officer may request that Utilities and the licensee submit, prior to the hearing, any documentary or demonstrative evidence which they plan to present during the hearing.
E. Powers Of Hearing Officer: The Hearing Officer shall have the power to administer oaths, issue subpoenas, grant continuances, limit evidence or testimony that is repetitive and determine the order in which evidence will be presented.
F. Evidence: All evidence presented to the Hearing Officer during a revocation hearing shall be recorded electronically or otherwise. The Hearing Officer shall mark any documentary or demonstrative evidence received and shall maintain this tangible evidence in a separate file at the conclusion of the hearing. Documentary or demonstrative evidence received by the Hearing Officer during any revocation hearing shall not be released by the Hearing Officer except for purposes of appeal. If no appeal is filed, then the Hearing Officer may dispose of documentary or demonstrative evidence not less than ninety (90) days after the date of the hearing.
G. Continuances: If requested prior to the scheduled revocation hearing date, Utilities and the licensee shall each be granted one continuance of the hearing not to exceed thirty (30) days. The Hearing Officer shall use discretion in granting additional continuances. (Ord. 06-241)
A. Findings: At the conclusion of the evidence, the Hearing Officer shall make written findings of fact and conclusions regarding the revocation of the license. The Hearing Officer may, at the conclusion of the hearing, take the matter under advisement and issue the written findings of fact and conclusions within thirty (30) days.
B. Determine Actions: The findings of fact and conclusions shall summarize the witnesses and evidence presented at the hearing and state whether there was competent evidence in the record to determine that the allegations contained in the show cause were true. If the Hearing Officer finds the allegations to be true, then the Hearing Officer shall determine whether revocation of the license or suspension of the license for a period not to exceed two (2) years is appropriate. When ordering revocation, the Hearing Officer shall consider any mitigating or aggravating evidence presented at the hearing.
C. Revocation Or Suspension After Hearing:
1. Revocation or suspension after hearing shall become effective immediately upon issuance of the Hearing Officer's decision.
2. A revoked license may not be renewed. A licensee who has had a license revoked may not reapply for a new utility service installer license for a period of two (2) years from the date of the Hearing Officer's decision.
D. Service Of Decision: The Hearing Officer shall serve a copy of the findings of fact and conclusions, and any order upon the licensee. Service shall be accomplished in the same manner as service of the order to show cause. If the licensee has a permanent business location, the Hearing Officer may also affix a copy of the findings of fact and conclusions to the principal entrance of the licensee's business premises, which is deemed to be the principal place of business or the main office, or may affix a copy to a prominent structure on the licensee's business premises.
E. Effective Date: Upon the effective date of revocation or suspension of the utility service installer license, the licensee shall cease and desist installing natural gas service lines for connection to Utilities' natural gas distribution system. (Ord. 06-241)
The decision or determination of the Hearing Officer shall in all cases be final and conclusive. A decision or determination of the Hearing Officer may only be reviewed by a District Court of the State of Colorado pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure, or successor rule. There shall be no stay of execution of the Hearing Officer's decision pending decision by the District Court, except by court order. In the event that the District Court remands the matter back to the Hearing Officer for additional proceedings, then there shall be no reinstatement of licensed privileges pending additional proceedings, except by court order. (Ord. 06-241)
All extensions of the natural gas supply system, including the installation of new main lines and service lines, shall be in conformance with all relevant service standards and specifications. The Chief Executive Officer has discretion to refuse to extend service to any person failing to so conform with such rules and regulations. (Ord. 06-241; Ord. 18-42)
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