Code of Ethics
An Outfitter and Guide Member of the Colorado Outfitters Association shall:
- Abide by all federal, state, and local laws and regulations concerning Colorado Outfitters and Guides.
- Abide by all state and federal laws and regulations concerning Colorado's wildlife and natural resources.
- Act as an ex-officio ambassador for the state of Colorado and shall not engage in practices or services that are damaging or disrespectful to the state of Colorado and the Colorado Outfitters Association.
- Represent their services completely, honestly, and fairly.
- Maintain serviceable and safe equipment used in their outfitting operations and shall maintain the highest safety standards allowable in conducting their outfitting and guiding activities.
- Conduct their outfitting and guiding operations in a manner that does not discredit themselves, other outfitters and guides , the Colorado Outfitters Association and the state of Colorado.
- Require that all clients and employees obey all state, federal, and local laws concerning Colorado's wildlife and natural resources.
- Respect and not interfere with the public's right and other outfitters' and businesses' rights to utilize and enjoy Colorado's public lands, wildlife, and natural resources.
- Respect other outiftter and guide members' rights within the association and shall not directly or indirectly cause injury to others.
Colorado Revised Statute 12-55.5-106
ARTICLE 55.5: OUTFITTERS AND GUIDES
(1) Except as otherwise provided in this article, the director shall issue an initial or renewed certificate
of registration as an outfitter to any individual who pays the required fee and furnishes evidence
satisfactory to the director that such individual:
(a) Is eighteen years of age or older;
(b) Holds a valid instructor's card in first aid or a standard first aid card issued by the American Red
Cross or evidence of equivalent training;
(c) Possesses minimum liability insurance coverage in the amount of fifty thousand dollars for bodily
injury to one person in any single accident and one hundred thousand dollars for bodily injury to all
persons in any single accident;
(d) Has submitted to the director a surety bond in the minimum sum of ten thousand dollars, executed
by the applicant as principal and by a surety company qualified and authorized to do business in this state
as surety. Such bond shall be conditioned upon compliance with the provisions of this article and with the
rules and regulations promulgated under this article.
(e) Holds a valid first aid or first aid instructor's card issued by the American Red Cross or evidence of
equivalent training credentials as approved by the director; and
(f) Has, or will have before providing outfitting services, all the required permits or written permission
on the land where the outfitter provides outfitting services.
(2) and (3) (Deleted by amendment, L. 93, p. 1490, §3, effective July 1, 1993.)
(4) An individual or entity may register as an outfitter. An application for registration of an entity shall
include the names of all officers, directors, members, partners, owners of at least ten percent of the entity,
and other persons who have managing or controlling authority in the entity. The entity shall designate on
the application for outfitter registration one of its officers, directors, members, partners, or other controlling
or managing individuals to be the responsible party and agent for the entity for all communications with
the division. If the entity changes its responsible party and agent, it shall notify the division within ten
working days after the name change and provide contact information for the new responsible party and
agent. If such responsible party and agent does not provide guide services, he or she shall not be
required to comply with paragraph (b) of subsection (1) of this section.
(5) Renewals and reinstatement of certificates shall be pursuant to a schedule established by the
director of the division of registrations within the department of regulatory agencies and shall be renewed
or reinstated pursuant to section 24-34-102 (8), C.RS. The director of the division of registrations within
the department of regulatory agencies may establish renewal fees and delinquency fees for reinstatement
pursuant to section 24-34-105, C.R.S. If a person fails to renew his or her certification pursuant to the
schedule established by the director of the division of registrations, such certificate shall expire. Any
person whose certificate has expired shall be subject to the penalties provided in this article or section 2434-102 (8), C.RS.
12-55.5-106. Disciplinary actions -grounds for discipline.
(1) The director may deny, suspend, revoke, or place on probation an outfitter's registration if the
applicant or holder:
(a) Violates any order of the division or the director or any provision of this article or the rules and
regulations established under this article;
(b) Fails to meet the requirements of section 12-55.5-105 or uses fraud, misrepresentation, or deceit
in applying for or attempting to apply for registration;
(c) Violates any local, state, or federal law related to public land management, wildlife, health, or
cruelty to animals, including, but not limited to, section 33-6-113, C.RS.;
Effective July 1, 2006 Page 30f8
(d) Is convicted of or has entered a plea of nolo contendere or guilty to a felony; except that the
director shall be governed by the provisions of section 24-5-101, C.R.S., in considering such conviction or
plea;
(e) Uses false, deceptive, or misleading advertising;
(f) Misrepresents his services, facilities, or equipment to a client or prospective client;
(g) Is addicted to or dependent upon alcohol or any controlled substance or is a habitual user of a
controlled substance as defined in section 18-18-102 (5), C.R.S.;
(h) Has incurred disciplinary action related to the practice of outfitting in another jurisdiction. Evidence
of such disciplinary action shall be prima facie evidence for denial of registration or other disciplinary
action if the violation would be grounds for such disciplinary action in this state.
(i) Has been convicted of second or third degree criminal trespass pursuant to section 18-4-503 or
&nbnbsp; 18-4-504, C.R.S.; except that the director shall be governed by the provisions of section 24-5-101,
C.R.S., in considering such conviction;
(j) Hires any person as a guide who fails to meet the requirements of section 12-55.5-103.5, unless
such hiring is a result of an emergency situation, as defined by rules promulgated by the director, in which
case the outfitter may hire a guide who does not possess a valid first aid card or first aid instructor's card;
(k) Serves or consumes alcohol while engaged in the activities of an outfitter, if the applicant or holder
is under twenty-one years of age; or
(l) Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two or more second or third degree
criminal trespass convictions within any three-to five-year period while acting as an outfitter or guide.
(2) Any proceeding to deny, suspend, revoke, or place on probation a registration shall be conducted
pursuant to sections 24-4-104 and 24-4-105, C.R.S. The director may use an administrative law judge
employed by the office of administrative courts in the department of personnel to conduct hearings. Any
person whose registration is denied, suspended, placed on probation, or revoked shall pay for the costs
incurred in bringing and conducting such proceeding.
(3) (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of
the director, does not warrant formal action by the director but that should not be dismissed as being
without merit, a letter of admonition may be issued and sent, by certified mail, to the registrant.
(b) When a letter of admonition is sent by the director, by certified mail, to a registrant, such registrant
shall be advised that he or she has the right to request in writing, within twenty days after receipt of the
letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon
which the letter of admonition is based.
(c) If the request for adjudication is timely made, the letter of admonition shall be deemed vacated
and the matter shall be processed by means of formal disciplinary proceedings.
(4) Notwithstanding any other provision of this article, the director may deny an initial or renewal
application for registration if:
(a) The applicant is an individual who was previously listed as participating in an entity pursuant to
section 12-55.5-105 (4), and such entity was subjected to discipline under this article;
(b) The applicant is an entity, the entity lists an individual as participating in the entity pursuant to
section 12-55.5-105 (4), and that individual was previously listed as a participating person in an entity that
was subjected to discipline under this article; or
(c) The applicant is an entity, the entity lists an individual as a participating person pursuant to section
12-55.5-105 (4), and that individual was previously subjected to discipline under this article.
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(5) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of
the director, warrants formal action, the complaint shall not be resolved by a deferred settlement, action,
judgment. or prosecution.
12-55.5-107. Penalties.
(1) Any person who violates the provisions of this article or the rules of the director promulgated
under this article may be penalized by the director upon a finding of a violation subject to article 4 of title
24, C.R.S., as follows:
(a) In the first administrative proceeding against any person, a fine of not less than one hundred
dollars but not more than five hundred dollars per violation;
(b) In any subsequent administrative proceeding against any person for transactions occurring after a
final agency action determining that a violation of this article has occurred, a fine of not less than one
thousand dollars but not more than two thousand dollars per violation;
(c) In an administrative proceeding against a person for a violation of section 12-55.5-103 (1), a fine
of not less than one thousand dollars but not more than five thousand dollars per violation.
(1.5) Repealed.
(2) In addition to the penalties provided in subsection (1) of this section, the director, upon a finding of
a violation, may deny, suspend, revoke, or place on probation an outfitter's registration or take other
disciplinary action as provided in section 12-55.5-106 (3).
(3) Any person who engages in activities as an outfrtter shall maintain all applicable documents,
records, and other items, for the current year and the preceding four years at the address listed on the
registration, required to be maintained by this article or by the rules or regulations of the director when
requested to do so by any peace officer. Any such person who refuses to permit the inspection of such
documents, records, or items is guilty of a misdemeanor and shall be punished by a fine of one hundred
dollars.
(4) (Deleted by amendment, L. 93, p. 1491, §5, effective July 1, 1993.)
(5) All fines collected pursuant to this article shall be distributed as follows:
(a) Fifty percent divided by the court between any federal, state, or local law enforcement agency
assisting with an investigation;
(b) Fifty percent to the division for the cost of administering this article.
12-55.5-107.5. Violations -penalties -distribution of fines collected. (Repealed)
(1) Repealed.
(2) Repealed.