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(a) Authority. The city forester may suspend or revoke a license for any one or more of the following acts or omissions:

(1) Incompetence.

(2) Misuse of the license.

(3) Violation of any of the provisions of the license.

(4) Failure to comply with any of the licensee responsibilities outlined in article X, tree trimmers.

(5) Knowingly conspires with a person to permit a license to be used by another person.

(6) Acts as agent, partner, associate or in any other capacity with persons to evade the provisions of this article or rules and regulations established by the director of parks and open space, the city forester, or their designated agents.

(7) Willfully violates or disregards any of the provisions of Colorado Statutes regarding the use of pesticides.

(8) Repeatedly violates the provisions of this article, the rules and regulations of the city forester or repeatedly fails to obey orders in a timely fashion.

(b) Procedures. When a licensee commits any acts or omissions enumerated above and the city forester deems that a license shall be suspended or revoked, the action shall be as follows:

(1) Notification. The city forester shall send written notice, containing the grounds for the action, the effective date of the action, that the licensee can request a hearing, and that if a hearing is requested the effective date of the action is stayed, to the license holder, at least seven days prior to suspension or revocation.

(2) Request hearing. Upon receipt of the notice, the license holder may request a hearing to show cause why the license should not be suspended or revoked. This request shall be in writing to the parks and open space department within seven days after receipt of the notice.

(3) Time of hearing. If a hearing is requested by the license holder, the city forester or a designee of the city forester shall notify the license holder of the time, date, and place of the hearing. Suspension or revocation of the license shall be stayed until after the hearing.

(4) Attendance. The license holder and other interested parties may be in attendance at the hearing. Upon completion of the hearing, the city forester shall take all evidence available as a result of the investigation, all evidence presented at the hearing, and if the hearing was held by a designee, the recommendation of the designee under advisement, and shall give written notice of the findings and ruling to the license holder by certified mail or personal service. (Ord. No. 2005-12, § 39, 4-11-2005)