Business and Inspections Branch Office of Outfitters Registration

OUTFITTER ADVISORY COMMITTEE MEETING MINUTES December 16, 2014 1560 Broadway, Suite 110A Denver, CO 80202 THIS MEETING OF THE ADVISORY COMMITTEE WAS PUBLICLY NOTICED ACCORDING TO THE DIVISION OF REGISTRATIONS’ POLICY 80-17

CONVENE The regularly scheduled advisory committee meeting for the Office of Outfitters Registration was called to order by Ofelia Duran, Program Director, at 9:02 a.m. ADVISORY COMMITTEE MEMBERS PRESENT:

ADVISORY COMMITTEE MEMBER(S) ABSENT: STAFF PRESENT:

Bill deVergie Greg Felt Monty Elder (via Conference Call) Kevin Byerley (via Conference Call) Ann Marie Scritchfield Ofelia Duran, Program Director John J. Roberts, Assistant Attorney General Megan Ripko, Program Manager Addison Dittrich, Unit Support Specialist

PROGRAM DIRECTOR REPORT Ms. Duran discussed DORA’s new logo and branding mission and explained the transition and purpose behind the update. OLD BUSINESS Ms. Duran asked the committee if there was any old business items they would like to discuss. There were no topics proposed for discussion. CASE REPORTS

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A. Consideration of Open Case Report. Ms. Duran reviewed the status and volume of cases currently open in the office. She also informed the committee that a senior advisor would be hired to assist with cases in order to expedite processing time. Ms. Duran also answered several questions about the status and/or background of cases. No further action was taken. B. REVEW OF OPEN COMPLAINTS: 1. Chris Jurney, Case #2014-1228: The primary focus of this case was that the Respondent hired two unqualified guides – one who was underage and the other who did not possess current/valid CPW & First Aid certification – and determining whether the Respondent’s claim that he hired the unqualified guides due to an emergency situation was plausible, as outlined by Rule 5.13. The committees’ discussion included the following: • • •

The outfitter members noted that Outfitters in this situation should not be taking on more business than they feel equipped to handle in a professional manner. Members noted that the Respondent is the current President of the Colorado Outfitters Association, and feel that he is more familiar with all laws and rules due to his role in in that organization. The Committee found that the Respondent’s timeframe for finding a substitute guide (one week prior to the date of the hunt) was sufficient time for him to be able to do so.

Generally the committee believed that an “emergency situation” should be defined as 3-4 days prior to the hunt - at the most and that could be a rule making matter. The committee members do not support the use of an underage guide in any circumstance. The committee felt strongly that an Outfitter who chooses to use an underage guide is taking an unnecessary risk in their business due to lack of maturity, lack of experience, invalidation of insurance for business and/or vehicles. Furthermore, the committee members believe the use of an underage guide alone has the potential to harm hunters who trust the Outfitter through the guide to ensure their safety in the field and this may be too much responsibility for an underage guide due to the reasons highlighted. The committee members unanimously agreed that some form of discipline was warranted and believe that the first aid/CPR requirement is extremely important in regard to consumer protection, and the hiring of a minor as a guide was particularly egregious given the discussion above. The committee concluded its discussion by recommending the issuance of a Letter of Admonition. C. CONSIDERATION OF REGISTRANTS ON PROBATION

1560 Broadway, Suite 1350, Denver, CO 80202 P 303.894.7800

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Ms. Duran asked members if they had any questions regarding any of the registrants currently on probation. There were no questions, and no further action was taken. D. SUMMARY OF FINAL APPLICATION OUTCOMES & FINAL AGENCY ACTIONS Ms. Duran asked members if they had any questions regarding any of the Final Agency Actions and/or Final Application Outcomes from March 10, 2014 through December 16, 2014. There were no questions, and no further action was taken. The Final Agency Actions and Final Application Outcomes are listed below: *Indicates the Responsible Party (RP) for an Outfitter Company

APPLICANT

DATE APPLIED

REG STATUS

REASON PROGRAM REVIEW REQUIRED

ISSUE

PROGESS/ OUTCOME

Down Stream Charters, LLC

2/14/14

ACTIVE

Answered “yes” to screening question regarding past wildlife violations.

Issued citation in 2013 for Unlawful Possession/Transpo rtation of Live Protected Aquatic Wildlife.

Application approved without conditions.

6/10/13

ACTIVE W/ CONDITIONS

Answered “yes” to screening question regarding past wildlife violations.

Issued citation in 2004 for fishing without a license.

Registration issued via Stipulation: One year probation, and agreed to comply with all laws/rules during that time.

3/20/14

ACTIVE W/ CONDITIONS

Application was originally reviewed for a “yes” answer to screening questions, but the violation was for domestic violence and did not pertain to outfitting/guiding/hunting/fis hing. It was later found he was soliciting to provide services without an active registration.

Applicant was soliciting to provide outfitting services with an invalid registration #, and indicated that he had guided hunters the previous year without an active registration.

Registration issued via Stipulation: One year probation, compliance with order and legal requirements, $550.00 fine.

9/19/14

ACTIVE

Answered “yes” to screening question regarding past wildlife violations.

Pled guilty to misdemeanor for taking wildlife out of season in Missouri in 1995.

Application approved without conditions.

*Metcalf, Carl GMU(s): 42 Espinoza, Andrew d/b/a: A & A Outfitters GMU(s): 83 Fish Creek Outfitters *Melton, Larry GMU(s): 78

Johnson, Benjamin Ray (d/b/a: Ben Johnson Guide Services) GMU(s): 54, 66 & 67

FINAL AGENCY ACTIONS – COMPLAINT CASES:

1560 Broadway, Suite 1350, Denver, CO 80202 P 303.894.7800

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*Indicates the Responsible Party (RP) for an Outfitter Company RESPONDENT

CASE NO.

PROGESS/ OUTCOME

CASE STATUS

Unregistered practice (Advertising without a valid/active registration)

2014-330

Case Dismissed

CLOSED

ACTIVE

Violation of another agency law

2014-407

Case Dismissed w/ letter of guidance regarding Respondent’s duty to ensure all guides have permits on their person.

CLOSED

2769

EXPIRED LAST RENEWAL (6/12/2014)

Substandard Practice/Poor communication

2013-2323

LOA - Contract Deficiencies.

CLOSED

Hicks, Nate

2108

Substandard Practice/unlicensed activity

2013-2056

&

Bugle Master Outfitters, LLP

2542

ACTIVE W/ CONDITIONS

Stipulation & Final Agency Order: Failure to provide a signed contract & contract deficiencies. Received two yrs. Probation, $1,100.00 fine, compliance w/ Order & Legal Requirements, & must submit revised contract.

CLOSED

DBA: Nate Hicks Big Game Hunting Guide Service

EXPIRED (3-31-08)

N/A

Not Registered

Unlicensed Practice

2014-2620

Cease & Desist Order

CLOSED

N/A

Not Registered

Unlicensed Practice

2014-2631

Cease & Desist Order

CLOSED

N/A

Not Registered

Unlicensed Practice

2014-2640

Cease & Desist Order

CLOSED

Adventures Experiences

REG NO.

REG STATUS

ALLEGATION

ACTIVE

Received a citation for an assistant guide harvesting an elk in the wrong GMU.

2077

EXPIRED 12-31-2002

1477

1206

*Kempfe, Tim

2012-6325

Case Dismissed w/ Letter of Guidance regarding contract requirements.

CLOSED

GMU(s): 54 & 55 Anasazi Angler, Inc. *Carithers, Aaron GMU(s): 75, 78, 80, 751 & 771 Behrman, Russell DBA: Behrman Outfitting GMU(s): 1, 2, 3, 4, 5, 10, 11, 12, 13, 20, 131, 211, 231, & 301 Gonzaa Hunting Adventures GMU(s): 140

GMU(s): 71, 72, 73, 74, 711, 741 High Definition Outfitters GMU(s): N/A J.H. Hunting GMU(s): N/A J.H. Outdoors GMU(s): N/A

1560 Broadway, Suite 1350, Denver, CO 80202 P 303.894.7800

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RESPONDENT

REG NO.

REG STATUS

ALLEGATION

CASE NO.

PROGESS/ OUTCOME

CASE STATUS

Jim Hill Hunting & Consulting

N/A

Not Registered

Unlicensed Practice

2014-2648

Cease & Desist Order

CLOSED

532

EXPIRED (6/9/2010)

Pled guilty to 3 counts of illegal possession of wildlife under C.R.S. 33-6-109.

2014-344

Dismissed since his hunting privileges are revoked until 2025.

CLOSED

1126

ACTIVE

Failing to provide a refund after services were not provided.

2013-2446

LOA – failure to honor the contract, and contract deficiencies.

CLOSED

N/A

Not Registered

Unlicensed Practice

2014-2660

Cease & Desist Order: Respondent (Stephen Flowers) withdrew his request for a hearing on the C&D

CLOSED

2504

EXPIRED (6/12/2009)

Unlicensed Practice

2014-2803

Cease & Desist Order

CLOSED

GMU(s): N/A Natural Hunting Adventures *Tietz, Thomas GMU(s): 105, 112, 114 Swanda, Willie DBA: Crazy Horse Outfitters GMU(s): 77, 771 Trophy Outfitters GMU(s): N/A

Adventures Wild *Vaughn, Chris GMU(s):

EXECUTIVE SESSION - 10:26 am – 11:08 am. The committee unanimously agreed to enter executive session pursuant to Section 24-6402(3)(a)(II) and (III) of the Colorado Revised Statutes for the purpose of discussing disputes that are the subject of pending or imminent court action, discussing specific claims or grievances, or receiving legal advice on specific legal questions regarding these matters and receiving legal training. ADJOURNMENT The meeting adjourned at 11:09 AM. The next Advisory Committee meeting is scheduled for March 9, 2015 at 9:00 AM to be held in Denver, Colorado. Program Director: ___Signed______________________ Ofelia Duran

1560 Broadway, Suite 1350, Denver, CO 80202 P 303.894.7800

DATE: _9/15/15_________

F 303.894.2310 www.dora.colorado.gov/professions