C.R.S. 1973 42-4-306.5, as amended. Automotive Inspection and Readjustment Program (“AIR Program”)

Preamble The basis and purpose of this Regulation, adopted November 30, 1981, is to set forth requirements and provide instructions relating to the licensing and operation of AIR Program Stations. EFFECTIVE DATE: January 1, 1982 SECTION I LICENSE REQUIRED A. Official Automotive Inspection and Readjustment Program Stations. (1) No person shall in any manner represent any place as an official AIR Program Station unless such station is operated under a valid license issued by the Department. (2) The Executive Director of the Department is authorized to issue or deny licenses for, and shall furnish instructions, necessary forms, high altitude tuning specifications where available to official Automotive Inspection and Readjustment Program (AIR Program) Stations for the emissions inspection of vehicles and the issuance of EMISSIONS CERTIFICATES. (3) No license for any official AIR Program Station may be assigned or transferred, or used by other than the original applicant for that specific inspection facility. The license shall be posted in a conspicuous place on the premises.

(4) Application for an AIR Program Station license shall be made upon a form to be prescribed by the Executive Director. No license shall be issued unless the Executive Director finds that the facilities, tools and equipment of the applicant comply with the requirements set forth in Section II of the Rules and Regulations and Requirements for Motor Vehicle Official AIR Program Stations, and that competent personnel licensed under the provisions of Section I are employed and will be available to make such inspections and adjustments, and the operation thereof will be properly conducted.

(5) Any person who owns or leases ten or more motor vehicles that are required to comply with the AIR Program, may be licensed as a fleet AIR Program Station. The AIR Program Station must comply with all the regulations governing a regular emissions inspection station, AND MAY CONDUCT EMISSIONS INSPECTIONS ON MOTOR VEHICLES OF HIS EMPLOYEES, AND SUCH OTHER VEHICLES AS SAID OWNER OR CONSIGNEE SHALL DETERMINE.

(6) Each mobile AIR Program inspection facility shall provide each customer and the Department with the telephone number where they may be contacted. If they are affiliated with a stationary station, they shall also provide the telephone number and address of the stationary station. B. Official Emissions- Inspector.

(1) No person shall perform any part of the official emissions inspection for the ISSUANCE of emissions certificates unless he possesses a valid emissions mechanic license issued by the Colorado Department of Revenue.

(2) Application for an Official Emissions Mechanic License shall be made upon a form to be prescribed by the Executive Director. The applicant shall be required to demonstrate his ability to properly calibrate the equipment, perform the inspection and the adjustments, and understand the use, preparation and dissemination of documents. The applicant must be employed by a licensed emissions station.”

(3) The emissions mechanic license is valid at the station where he is employed at the time the license is issued. The license shall be posted adjacent to the station license. A duplicate license will be issued if the mechanic is authorized to perform inspections at an additional emissions station. If the emissions mechanic acquires new employment, he is required to notify the Department and may not perform any inspections until the appropriate transfer of his license is completed.” C. Licenses.

(1) Official AIR Program stations shall pay an initial licensing fee of $25.00, and an annual renewal fee of $10.00. Official emissions mechanics shall pay an initial licensing fee of $10.00, and an annual renewal fee of $5.00.

(2) The license expires on the first day of the month indicated on the license.” (3) After the expiration of the license the mechanic/station is no longer authorized to perform inspections. Any mechanic that is not renewed within six (6) months from the date of expiration must be recertified prior to being relicensed.”

(4) Any license not renewed by the date of expiration will be considered a new application and charged $25.00 for a station license and $10.00 for a mechanic license.” SECTION II EQUIPMENT AND TOOLS A. The AIR Program Stations shall be equipped as specified by Regulation 11 of the Air Quality Control Commission.

SECTION III OPERATION OF OFFICIAL AIR PROGRAM STATION A. Certificates.

(1) No person shall make, issue or knowingly use any imitation or counterfeit of an official EMISSIONS CERTIFICATE, (WINDOW STICKER), THAT DESIGNATES THE VEHICLE COMPLIES WITH THE EMISSIONS INSPECTION REQUIREMENTS.

(2) EMISSIONS CERTIFICATES shall be purchased only from the Department. (3) No refund or credit shall be allowed for unused certificates except as provided for in Section III A. (9).” a. CERTIFICATES OF EMISSIONS CONTROL (DR1390) IN YOUR POSSESSION AFTER DECEMBER 1, 1981, SHOULD BE EXCHANGED FOR THE EMISSIONS CERTIFICATES BY DECEMBER 31, 1981. CREDIT WILL BE EXTENDED TOWARD THE PURCHASE OF NEW CERTIFICATES FOR THE UPCOMING YEAR ON A ONE FOR ONE BASIS.

(4) Purchase of emissions certificates.

a. EMISSIONS certificates may be purchased by mail order or in person at the Department of Revenue, Motor Vehicle Division, 140 West 6th Avenue, Denver, Colorado 80204. b. Mail orders must be on a form approved by and furnished by the Department. Remittance for the full purchase price must accompany the order.

c. Any over-the-counter sales REQUEST WILL BE ACCEPTED ONLY FROM A REPRESENTATIVE OF THE EMISSIONS INSPECTION STATION POSSESSING AN ACCEPTABLE FORM OF IDENTIFICATION AND THE BLUE AUTHORIZATION CARD. THE EMISSIONS CERTIFICATES WILL BE MAILED TO THE STATION IF THERE IS ANY DISCREPANCY OR QUESTIONABLE PROCEDURE DURING THE APPLICATION FOR PURCHASE.

d. Emissions certificates are sold at the rate of one dollar and fifty cents ($1.50) each, in lots of twenty-five (25) from January through the end of November. In December emissions certificates purchased for use during the current year will be sold in lots of less than twenty-five (25). In December emissions certificates purchased for use during the following year will be sold in lots of twenty-five (25). There is no refund on unused certificates.”

e. EMISSIONS CERTIFICATES are not to be sold, loaned, transferred or given to other AIR Program Stations, or any individual. The emissions inspection station shall be able to account for all emissions certificates that have been purchased by that station. (5) EMISSIONS CERTIFICATES will not be issued without an inspection having been performed as set forth in Regulation 11 of the AIR Quality Control Commission. a. NEW MOTOR VEHICLES REQUIRED TO DISPLAY A VALID EMISSIONS CERTIFICATE, (WINDOW STICKER), SHALL BE ISSUED THE EMISSIONS CERTIFICATE WITHOUT AN EMISSIONS INSPECTION. NO REPORT FORM WILL BE PREPARED FOR EMISSIONS CERTIFICATES ISSUED TO NEW VEHICLES AS PER SECTION II, SUBSECTION (12), OF THESE RULES AND REGULATIONS.

b. UPON COMPLETION OF THE EMISSIONS INSPECTION AN EMISSIONS CERTIFICATE IS PREPARED FOR THAT VEHICLE. ENTER THE EMISSIONS CERTIFICATE NUMBER ON THE REPORT FORM IN THE UPPER LEFT CORNER AND FILE YOUR COPY BY THE EMISSIONS CERTIFICATE NUMBER. FOR EMISSIONS CERTIFICATES ISSUED TO NEW VEHICLES ENTER THE SERIAL NUMBER AS SPECIFIED IN SECTION III, SUBSECTION (12), OF THESE RULES AND REGULATIONS. COMPLETE THE REQUIRED INFORMATION ON THE BACK SIDE OF THE EMISSIONS CERTIFICATE. AFFIX THE NUMBER TAB THAT CORRESPONDS WITH THE MONTH IN WHICH THE INSPECTION IS PERFORMED, I.E., JANUARY 1 JULY 7 FEBRUARY 2 AUGUST 8 MARCH 3 SEPTEMBER 9 APRIL 4 OCTOBER 10 MAY 5 NOVEMBER 11 JUNE 6 DECEMBER 12 CUT OR PUNCH OUT THE MONTH ON THE BORDER OF THE EMISSIONS CERTIFICATE THAT CORRESPONDS WITH THE NUMBER AND MONTH IN WHICH THE INSPECTION IS PERFORMED.

c. IF THE EXHAUST EMISSIONS WERE BELOW THE STANDARDS AT THE TIME OF THE FIRST INSPECTION OR AFTER THE ADJUSTMENTS WERE PERFORMED, PUNCH OR CUT OUT THE PASS BOX AT THE BOTTOM OF THE CERTIFICATE. IF THE EXHAUST EMISSIONS WERE ABOVE THE STANDARDS AFTER THE ADJUSTMENTS, CUT OR PUNCH OUT THE ADJUST BOX AT THE BOTTOM OF THE CERTIFICATE. FOR EMISSIONS CERTIFICATES ISSUED TO NEW VEHICLES, CUT OR PUNCH OUT THE PASS BOX AT THE BOTTOM OF THE CERTIFICATE. d. Upon completion of the analyzer preparation, exhaust analysis, adjustments and/or repairs if appropriate, the report form and emissions certificate must be completed by the licensed emissions mechanic performing the inspection. Affix the completed certificate to the lower left corner of the windshield on the inside as viewed from the driver's seat. e. All facets of the inspection are to be performed by a licensed emissions mechanic, i.e., analyzer preparation, exhaust sample and analysis, adjustments and/or repairs if appropriate, report form and certificate preparation and distribution.” f. Emissions certificates and report forms must be completed and signed only by the licensed emissions mechanic performing the inspection, and at the time of the completion of the inspection.”

(6) All unused EMISSIONS certificates shall be kept under lock and key at all times. (7) Any EMISSIONS certificates found to be missing, stolen or unaccounted for, shall be reported to the Department in writing within twenty-four hours. Any mail order not received within twenty days shall be reported in writing to the Department.

(8) AIR Program Stations shall have EMISSIONS certificates on hand at all times. (9) Upon the final cancellation or revocation by the Department of the AIR Program license of any station, the Department shall refund to the owner of such station the fee paid for unusued emissions certificates then in the control of said station owner.” (10) Upon transfer or termination of business ownership, the license and all emissions certificates must be immediately forwarded to the Department of Revenue, Motor Vehicle Division, 140 West 6th Avenue, Denver, Colorado 80204. Any person acquiring a business which has been licensed as an official AIR Program Station is prohibited from using either the license or emissions certificates issued to the former business.

(11) ENTER THE EMISSIONS CERTIFICATE NUMBER ON THE REPORT FORM IN THE UPPER LEFT CORNER. DO NOT PREPARE REPORT FORMS FOR EMISSIONS CERTIFICATES ISSUED TO NEW VEHICLES; SEE SECTION III, SUBSECTION (12), OF THESE RULES AND REGULATIONS. THE REPORT FORMS WILL BE FILED NUMERICALLY BY THE EMISSIONS CERTIFICATE SERIAL NUMBER AND BE available for review by the Department personnel. THE STATION'S COPY WILL BE MAINTAINED AT THE STATION UNTIL THEY ARE PURGED AND DESTROYED PERIODICALLY BY AN AGENT OF THE DEPARTMENT. (12) NEW VEHICLES ARE REQUIRED TO DISPLAY AN EMISSIONS CERTIFICATE BUT ARE NOT REQUIRED TO BE INSPECTED, THEREFORE, NO REPORT FORM WILL BE PREPARED. FOR CONTROL OF THE EMISSIONS CERTIFICATES ISSUED TO NEW VEHICLES THE LOG SHEET (DR 1545) WILL BE USED. ENTER THE EMISSIONS CERTIFICATE NUMBER, VIN, DATE AND THE INDIVIDUAL ISSUING THE EMISSIONS CERTIFICATE. WHEN ISSUING THESE EMISSIONS CERTIFICATES FOR NEW VEHICLES USE A SEPARATE PAD OF CERTIFICATES SO THAT THE TWENTY-FIVE ENTRIES OF CERTIFICATES ISSUED WILL BE SERIALLY AND SEQUENTIALLY ISSUED AND WILL BE LOGGED ACCORDINGLY ON THE LOG SHEET. THIS WILL FACILITATE TRACKING OF THE CERTIFICATES. (13) A replacement certificate may be issued by the station which performed the original inspection. You do not need to retest the vehicle. The original inspection shall be verified by the customer's or station's copy of the report form. A new report form will be prepared with the customer's name, address, vehicle identification number, new certificate number in the upper left corner of the report form, and the certificate number it replaces written between boxes 4 and 9. A fee of $1.50 may be charged for the replacement certificate. File the station copy (blue) by the new certificate number. Distribute the customer's copy and destroy the white or original copy. The replacement certificate shall have the same expiration date as the original certificate. B. Official Sign.

(1) All AIR Program Stations, except those stations authorized to inspect only their own motor vehicles, shall display a sign no smaller than 24 inches wide and 12 inches high. The required sign shall be designed to adequately identify the business as an Official AIR Program Station. (2) The exhaust emissions standards as promulgated By Regulation 11 of the Air Quality Control Commission shall be posted in a conspicuous place.

C. Hours of Operation.

(1) All AIR Program Stations shall be open for business with an authorized emissions mechanic available during normal business hours. The hours each station is open for inspections shall be posted in a prominent place VISIBLE to the public.

D. Posting of Fees.

(1) The station shall post in a clearly legible fashion, in a conspicuous place at the station, the FEES charged by such station for THE PERFORMANCE OF THE EMISSIONS INSPECTION AND ADJUSTMENTS.

E. Equipment Available for Inspection.

(1) Required tools, supplies, records, unused emissions certificates and RECORDS OF completed certificates shall be kept at the official AIR Program Station at all times and shall be available for inspection by the Department at any-time the inspection station is open for business. (2) A periodic visit will be made to verify the gas span check of the analyzers. The emissions inspector will observe the performance of a gas span check of the analyzer performed by the emissions mechanic, as well as check the gas span check form for compliance with the requirements of Regulation 11. The review of the AIR Program Station will occur at least every 60 days. F. Preconditioning and two speed idle test.

(1) THE EMISSIONS INSPECTION SHALL BE PERFORMED AS PER REGULATION 11, AS PROMULGATED OCTOBER 1981 BY THE AIR QUALITY CONTROL COMMISSIONS TO INCLUDE THE AMENDMENTS TO THE INSPECTION PROCEDURE AS FOLLOWS. THIS IS REGULATION 11 REITERATED AND NOT A REGULATION HEREIN.

a. FOR 1981 AND NEWER MODEL YEAR VEHICLES, THE EMISSIONS INSPECTION WILL BE A TWO SPEED IDLE TEST, CONDUCTED IN THE FOLLOWING MANNER (AS SPECIFIED IN SECTION 207(b) OF THE FEDERAL CLEAN AIR ACT, F.R. 34808): A FIRST READING WILL BE TAKEN AT NORMAL CURB IDLE: THE VEHICLE WILL BE ACCELERATED AND STABILIZED AT 2500 ± 300 RPM AND A SECOND READING TAKEN: THE VEHICLE WILL BE RETURNED AND STABILIZED AT NORMAL CURB IDLE FOR A FINAL READING. THE VEHICLE'S EMISSIONS MUST BE AT OR BELOW THE APPLICABLE STANDARDS AT 2500 RPM. AT NORMAL CURB IDLE, THE LOWEST HC READING AND THE LOWEST CO READING FROM EITHER NORMAL CURB IDLE TEST WILL BE USED. THE VEHICLE'S EMISSIONS MUST BE AT OR BELOW THE APPLICABLE STANDARDS AT BOTH SPEEDS IN ORDER TO PASS THE EMISSIONS INSPECTION. THIS PROVISION SHALL BECOME EFFECTIVE JANUARY 1, 1982.

G. Visual Inspection and Parts Replacement Requirements for 1982 Year Model and Newer Vehicles.

(1) THE EMISSIONS INSPECTION SHALL BE PERFORMED AS PER REGULATION 11, AS PROMULGATED OCTOBER 1981 BY THE AIR QUALITY CONTROL COMMISSION TO INCLUDE THE AMENDMENTS TO THE INSPECTION PROCEDURES AS FOLLOWS. THIS IS REGULATION 11 REITERATED AND NOT A REGULATION HEREIN.

a. VISUALLY INSPECTING FOR THE PRESENCE AND OPERABILITY OF THE AIR SYSTEM, CATALYTIC CONVERTER, AND FUEL FILLER NECK RESTRICTOR.

IF THESE PARTS OR SYSTEMS ARE INOPERABLE OR HAVE BEEN REMOVED, A TEMPORARY CERTIFICATION OF EMISSIONS CONTROL WILL BE ISSUED FOR A PERIOD OF SIXTY (60) DAYS DURING WHICH TIME THE OWNER MUST REPAIR OR REPLACE SUCH PARTS OR SYSTEMS AS A CONDITION FOR OBTAINING THE ANNUAL CERTIFICATION OF EMISSIONS CONTROL. IF THE NECESSARY PART(S) WILL NOT BE AVAILABLE PRIOR TO THE EXPIRATION OF THE SIXTY (60) DAY PERIOD, AND THE OWNER OBTAINS A SIGNED FORM TO THAT EFFECT FROM A MANUFACTURER'S DEALER FOR THAT VEHICLE, OR FROM THE EMISSIONS MECHANIC WHO VERIFIES THE NON-AVAILABILITY OF THE PART(S) FROM AN AUTOMOTIVE PARTS SUPPLIER WHICH IN THE NORMAL COURSE OF BUSINESS SUPPLIES THE PART(S) AND FROM A MANUFACTURER'S DEALER FOR THAT VEHICLE, THE EMISSIONS TECHNICAL CENTER IS ALLOWED TO ISSUE AN ADDITIONAL TEMPORARY CERTIFICATION OF EMISSIONS CONTROL. THE OWNER THEN HAS UNTIL THE EXPIRATION OF THE ADDITIONAL TEMPORARY CERTIFICATION TO COMPLETE THE NECESSARY REPAIRS OR REPLACEMENT. THE TEN (10) DAY PERIOD ALLOWED FOR ADJUSTMENT OR EMISSIONS RELATED REPAIRS UNDER PARAGRAPH M. OF THIS SECTION SHALL BEGIN AT THE TIME THE VEHICLE IS RETURNED FOR A VISUAL REINSPECTION PROVIDED THAT THE TEMPORARY CERTIFICATION OF EMISSIONS CONTROL HAS NOT EXPIRED. b. IF A 1982 OR NEWER VEHICLE FAILS THE VISUAL INSPECTION A TEMPORARY EMISSIONS CERTIFICATE IS ISSUED. THE EMISSIONS MECHANIC WILL PREPARE A TEMPORARY EMISSIONS CERTIFICATE WITH THE APPROPRIATE INFORMATION AND THE DATE OF EXPIRATION WILL BE ENTERED IN THE WHITE AREA ON THE FACE OF THE TEMPORARY EMISSIONS CERTIFICATE WITH A BLACK FELT TIP MARKING PEN. THE DATE OF EXPIRATION WILL BE SIXTY (60) DAYS FROM THE DATE OF INSPECTION.

H. Fees (As Set by Statute).

(1) Licensing of an Official $25.00 AIR Program Station Annual Renewal $10.00 (2) Licensing of emissions $10.00 mechanic Annual Renewal $ 5.00 (3) EMISSIONS $ 1.50 CERTIFICATES (4) Emissions inspection Not to exceed $10.00 (5) Emissions adjustments Not to exceed $15.00 (6) NOTWITHSTANDING THE PROVISIONS OF SECTION 42-4-309 (7) (a) (II), ON OR AFTER JULY 1, 1982, FOR MOTOR VEHICLES OF THE MODEL YEAR 1981 OR A LATER MODEL YEAR, AFTER THE ADJUSTMENTS REQUIRED BY SECTION 42-4-309 (7) (a) (II), IF APPLICABLE, ARE PERFORMED, IF TOTAL EXPENDITURES OF AT LEAST ONE HUNDRED DOLLARS HAVE BEEN MADE TO BRING THE MOTOR VEHICLE INTO COMPLIANCE WITH THE APPLICABLE EMISSIONS STANDARDS AND THE VEHICLE STILL DOES NOT MEET SUCH STANDARDS, A CERTIFICATION OF EMISSIONS ADJUSTMENT SHALL BE ISSUED FOR THE MOTOR VEHICLE.

(a) AS USED IN THIS PARAGRAPH (c), “TOTAL EXPENDITURES” MEANS ONLY THOSE EXPENDITURES FOR COSTS ASSOCIATED WITH THE ADJUSTMENT TO AND MAINTENANCE AND REPAIR OF THE MOTOR VEHICLE WHICH ARE DIRECTLY RELATED TO REDUCTION OF EXHAUST EMISSIONS NECESSARY TO COMPLY WITH THE APPLICABLE EMISSIONS STANDARDS AND PROCEDURES. THE TERM DOES NOT INCLUDE THE FEE PAID PURSUANT TO SECTION 42-4-313 (4) (b) FOR THE ADJUSTMENTS REQUIRED BY SECTION 42-4-309 (7) (a) (II). THE TERM DOES NOT INCLUDE COSTS ASSOCIATED WITH THE ADJUSTMENT TO AND MAINTENANCE, REPLACEMENT, AND REPAIR OF AIR POLLUTION CONTROL EQUIPMENT ON THE VEHICLE IF THE NEED FOR SUCH ADJUSTMENT, MAINTENANCE, REPLACEMENTS, OR REPAIR IS DUE TO DISCONNECTION OF, TAMPERING WITH, OR ABUSE TO SUCH AIR POLLUTION CONTROL EQUIPMENT. (7) In the event a vehicle fails the inspection, the owner is entitled to one free reinspection if he returns to the site of the original inspection within ten (10) days. SECTION IV SUSPENSION – REVOCATION – PENALTIES – RENEWAL A. Department Authority os Suspend/Revoke AIR Program Station License. (1) The Department has the authority to suspend or revoke the license of an official AIR Program Station and require the surrender of the license and unused Certificates of Emissions Control of such AIR Program Station upon showing by the records that:

a. A vehicle which has been inspected and approved by such station was in such condition that it did not, at the time of inspection, comply with the laws or the rules and regulations for the inspection and approval of such vehicle.

b. A vehicle which has been inspected and rejected by such station when in fact the vehicle was in such condition at the time of the inspection that it did comply with the requirements of the statute and rules and regulations.

c. The station is not open and available to perform inspections during normal business hours as posted.

d. Upon determination by the Department that the station has violated any provisions of Section I through VI of these regulations, and the statute or any rule or regulation properly promulgated for the operation of an official AIR Program Station. e. When such station is not equipped as required, when such station is not operating from a location for which the license was issued, and when inspections are not being performed in accordance with applicable laws, rules and regulations. f. An emissions certificate was issued without an emissions inspection having been performed.” g. Adjustments were performed when such adjustments were not needed and/or authorized.” B. Department Authority to Suspend/Revoke Emissions Mechanic License. (1) The Department has the authority to suspend or revoke the license of an official emissions mechanic and require the surrender of his license upon showing by the record that: a. The licensed emissions mechanic caused a EMISSIONS CERTIFICATE to be issued without an inspection or adjustments having been made.

b. The licensed emissions mechanic denied the issuance of an EMISSIONS CERTIFICATE to a vehicle which at the time of the inspection was in such condition that it complied with the law or rules and regulations for issuance of a EMISSIONS CERTIFICATE. c. The licensed emissions mechanic issued a EMISSIONS CERTIFICATE upon a vehicle which was in such condition that it did not at the time comply with the law or rules and regulations for the issuance of an EMISSIONS CERTIFICATE. d. When inspections are not being performed in accordance with applicable laws, rules and regulations.

e. Adjustments were performed when such adjustments were not needed and/or authorized.” C. Penalties.

(1) No person shall make, issue, or knowingly use any imitation or deceptively similar or counterfeit EMISSIONS CERTIFICATE.

(2) No person shall possess a EMISSIONS CERTIFICATE if he knows the same is fictitious, or was issued for another motor vehicle, or was issued without an emissions inspection having been made when required.

(3) Any person who violates any of these provisions, (Sections IV C 1,2), OF THESE SUBSECTIONS IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00), OR BY IMPRISONMENT IN THE COUNTY JAIL FOR NOT MORE THAN NINETY (90) DAYS, OR BOTH SUCH FINE AND IMPRISONMENT. (4) ANY EMISSIONS MECHANIC WHO ISSUED AN EMISSIONS CERTIFICATE WHEN THAT VEHICLE DOES NOT QUALIFY FOR SUCH CERTIFICATE IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00), OR BY IMPRISONMENT IN THE COUNTY JAIL FOR MORE THAN NINETY (90) DAYS, OR BOTH SUCH FINE AND IMPRISONMENT.

(5) The AIR Program Station owner or lessee and/or the emissions mechanic may be subject to any civil or criminal penalties for violations of these rules and regulations as prescribed by statute. (5a) The AIR Program Station owner or lessee and/or the emissions mechanic may also in conjunction with the civil and criminal penalties imposed for violation of these rules and regulations, have his license suspended, revoked or cancelled by the executive director for said violations as prescribed by statute.

(6) Suspension or revocation of any AIR Program license or emissions mechanic license shall be in addition to such other penalties as provided by law.

SECTION V GAS SPAN A. Gas Span Check.

(1) Weekly gas span of the equipment will be required. The licensed emissions mechanic will perform the gas span. He will fill out the gas span check form FURNISHED BY THE DEPARTMENT with the appropriate information. The gas span check shall be performed according to the specifications from the Colorado Department of Health, Air Quality Control Commission and the analyzer manufacturer.

(2) The gas span check forms shall be retained and available, upon request by the State's representative for the AIR Program for review and verification that the appropriate gas span checks are being performed.

(3) Check the AIR Program Station Handbook for the proper procedure for performing the gas span check.

(4) The mobile AIR Program Station will be required to gas span the analyzer at each new LOCATION WHERE INSPECTIONS ARE PERFORMED.

(5) The emissions certificates in the possession of the station at the time it is noted that the analyzer is not in proper calibration, shall be noted on the “Certificate Hold Form”, and not used until a properly calibrated analyzer is available. When a properly calibrated analyzer has been made available an approved authority shall release the certificates. “A. Exempt from Program.

(1) The emissions mechanic should inform the vehicle owner/operator if they are not required to have an emissions inspection for any of the following reasons: Diesel powered.

Propane or other gaseous fuel powered.

Electric powered.

Emergency vehicle (as defined in C.R.S. 42-1-102 (5)).

Location of registration address.

Any vehicle with an empty weight of 10,001 pounds or more as determined by checking the registration.

Farm tractor, maintenance, construction, or similar equipment. All motorcycles and motor driven cycles.

Vehicles powered by an external combustion engine.

Vehicles operating on fuels other than liquid gasoline or liquid gasohol. Vehicles designed for the transportation of more than fifteen people. All 1967 and older vehicles.”

“SECTION VII ADMINISTRATIVE HEARINGS When an administrative hearing is required pursuant to statute, the hearing officer shall review the history of the station/mechanic to determine the presence of aggravating circumstances. The entire record of the station/mechanic will be considered in reviewing aggravating circumstances. Any of the following shall be taken into consideration to determine whether the licensee should receive suspension or revocation. A base time period of six (6) months will be used and may be increased (up to a maximum of one year) or decreased, depending on the presence of aggravating or mitigating circumstances, which may include the following:

Inattention or disregard of the rules and regulations.

Verbal or written warnings.

Previous disciplinary actions.

History of the station/mechanic.

Poor control of inspection documents.

The hearing officer shall consider as mitigating cirumstances the absence of the above aggravating circumstances.

The hearing officer shall, prior to making any decision on suspension or revocation of the license, provide the licensee an opportunity to present testimony of other mitigating circumstances. The station/mechanic will be notified by certified mail at least twenty (20) days prior to the administrative hearing. A request for a hearing will be granted within thirty (30) days of such request.