Outfitters and Guides

C.R.S. tit. 12, art. 145
in effect

C.R.S. § 12-145-101 Legislative declaration

12-145-101. Legislative declaration. It is the intent of the general assembly to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the mountains, rivers, and streams of Colorado and the state's fish and game and, to that end, in the exercise of the police power of this state for the purpose of safeguarding the health, safety, welfare, and freedom from injury or danger of the residents and nonresidents, to register and regulate those persons who, for compensation, provide equipment or personal services to the residents and nonresidents for the purpose of hunting and fishing. It is neither the intent of the general assembly to interfere in any way with the business of livestock operations or to prevent livestock owners from loaning or leasing buildings or animals to persons, nor is it intended to prevent the owner from accompanying a person or persons on land that the person owns, nor is it the intent of the general assembly to interfere in any way with the general public's ability to enjoy the recreational value of Colorado's mountains, rivers, and streams when the services of commercial outfitters are not utilized nor to interfere with the right of the United States to manage the public lands under its control.

C.R.S. § 12-145-102 Applicability of common provisions

12-145-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 145.

C.R.S. § 12-145-103 Definitions

12-145-103. Definitions. As used in this article 145, unless the context otherwise requires: (1) "Compensation" means making, or attempting to make, a profit, salary, or increase in business or financial standing, or supporting any part of other programs or activities, to include receiving fees, charges, dues, service swaps, or something that is not strictly a sharing of actual expenses incurred from amounts received from or for outfitting services rendered or to be rendered. (2) "Consultant" means a person who is hired by the director to assist in any investigation initiated under this article 145 or any member of an advisory committee appointed pursuant to section 12-145-114. (3) "Entity" means an entity authorized by Colorado law to conduct business, including, but not limited to, a corporation, partnership, limited liability partnership, or limited liability company. (4) "Guide" means any individual who: (a) Accompanies an outfitter's client to assist the client in the taking or attempted taking of wildlife; and (b) Either: (I) Is employed for compensation by an outfitter; or (II) Has independently contracted with an outfitter. (5) "Outfitter" means a person soliciting to provide or providing, for compensation, outfitting services for the purpose of hunting or fishing on land that the person does not own. (6) "Outfitting services" means providing transportation of individuals, equipment, supplies, or wildlife by means of vehicle, vessel, or pack animal, facilities including but not limited to tents, cabins, camp gear, food, or similar supplies, equipment, or accommodations, and guiding, leading, packing, protecting, supervising, instructing, or training persons or groups of persons in the take or attempted take of wildlife. (7) "Peace officer" means a peace officer as described in section 16-2.5-101. (8) "Person" means an individual or entity.

C.R.S. § 12-145-104 Applicability

12-145-104. Applicability. (1) This article 145 does not apply to a person who only authorizes a person to hunt, fish, or take wildlife on property the person owns, rents, or leases, including providing the authorization for compensation. (2) This article 145 does not require a person to register as an outfitter if the person only rents motor vehicles, livestock, or equipment.

C.R.S. § 12-145-105 Registration required - fees

12-145-105. Registration required - fees. (1) A person shall not engage in activities as an outfitter, advertise in any publication as an outfitter, or represent himself, herself, or itself as an outfitter unless the person first obtains a registration from the division and unless the registration is in full force and effect and in the person's immediate possession. A person shall not continue to act as an outfitter if the person's registration has been suspended or revoked or has expired. (2) An applicant for registration as an outfitter shall follow the procedures provided in section 12-145-108 and any other procedures required by the director. All applicants shall pay a nonrefundable registration fee to be determined by the director in accordance with section 12-20-105 (2).

C.R.S. § 12-145-106 Guide qualifications

12-145-106. Guide qualifications. (1) An individual who works as a guide must be eighteen years of age or older and hold either a valid first aid or first aid instructor's card issued by the American Red Cross or evidence of equivalent training as approved by the director. An individual who violates this subsection (1) commits a civil infraction. (2) It is a violation of this article 145 for an individual whose outfitter registration has been revoked or suspended to work as a guide.

C.R.S. § 12-145-107 Powers and duties of the director - rules

12-145-107. Powers and duties of the director - rules. (1) In addition to all other powers and duties conferred or imposed upon the director by this article 145 or by any other law, the director: (a) May promulgate rules pursuant to section 12-20-204 to govern the registration of outfitters and to carry out the purposes of this article 145; (b) May apply for injunctive relief in accordance with section 12-20-406 to enforce the provisions of this article 145 or to restrain any violation thereof.

C.R.S. § 12-145-108 Issuance of registration - violations

12-145-108. Issuance of registration - violations. (1) Except as otherwise provided in this article 145, the director shall issue an initial or renewed registration as an outfitter to an individual who pays the required fee and furnishes evidence satisfactory to the director that the individual: (a) Is eighteen years of age or older; (b) Holds a valid first aid card or first aid instructor's 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 individual in a single accident and one hundred thousand dollars for bodily injury to all individuals in a 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. The bond must be conditioned upon compliance with this article 145 and with the rules promulgated under this article 145. (e) 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) 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 the responsible party and agent does not provide guide services, he or she shall not be required to comply with subsection (1)(b) of this section. (3) (a) Registrations issued pursuant to this article 145 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (b) A person whose registration has expired and who offers or provides outfitter services is subject to the penalties provided in this article 145 or section 12-20-202 (1).

C.R.S. § 12-145-109 Disciplinary actions - grounds for discipline

12-145-109. Disciplinary actions - grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 if an applicant for or a holder of an outfitter's registration: (a) Violates any order of the division or the director, any provision of this article 145, an applicable provision of article 20 of this title 12, or the rules established under this article 145; (b) Fails to meet the requirements of section 12-145-108 or uses fraud, misrepresentation, or deceit in applying for or attempting to apply for registration; (c) Violates any local, state, or federal law or regulation concerning public land management, wildlife, health, or cruelty to animals, including, but not limited to, section 33-6-113; (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 sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea; (e) Uses false, deceptive, or misleading advertising; (f) Misrepresents his or her services, facilities, or equipment to a client or prospective client; (g) Uses alcohol or any controlled substance, as defined in section 18-18-102 (5), to the extent that the use places the user or other persons at risk while providing outfitting services or is a habitual user of alcohol or a controlled substance, as defined in section 18-18-102 (5), to the extent that the use places the user or other persons at risk while providing outfitting services; (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 disciplinary action in this state. (i) Has been convicted of second or third degree criminal trespass pursuant to section 18-4-503 or 18-4-504; except that the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction; (j) Hires an individual as a guide who fails to meet the requirements of section 12-145-106, unless the 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; (l) Violates section 18-4-503 or 18-4-504, 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; or (m) Fails to respond to a complaint against the registered outfitter. (2) To be valid, a proceeding under this section must be conducted in accordance with sections 12-20-403, 24-4-104, and 24-4-105. (3) The director may issue and send a letter of admonition to a registrant under the circumstances specified in and in accordance with section 12-20-404 (4). (4) The director may send a registrant a confidential letter of concern under the circumstances specified in section 12-20-404 (5). (5) Notwithstanding any other provision of this article 145, the director may deny an initial application for registration if: (a) The applicant is an individual who was previously listed as participating in an entity pursuant to section 12-145-108 (2), and the entity was subjected to discipline under this article 145; (b) The applicant is an entity, the entity lists an individual as participating in the entity pursuant to section 12-145-108 (2), and that individual was previously listed as a participating person in an entity that was subjected to discipline under this article 145; or articipating in an entity pursuant to section 12-145-108 (2), and the entity was subjected to discipline under this article 145; (b) The applicant is an entity, the entity lists an individual as participating in the entity pursuant to section 12-145-108 (2), and that individual was previously listed as a participating person in an entity that was subjected to discipline under this article 145; or (c) The applicant is an entity, the entity lists an individual as a participating person pursuant to section 12-145-108 (2), and that individual was previously subjected to discipline under this article 145. (6) The director may discipline an applicant or registrant under this section for the acts of a person who: (a) Is acting on behalf of the applicant or registrant; and (b) (I) Is an officer, director, member, or partner of, or owner of at least a ten-percent interest in, the applicant or registrant; (II) Has managing or controlling authority of the applicant or registrant; or (III) Is an employee, contractor, or authorized booking agent of the applicant or registrant.

C.R.S. § 12-145-110 Penalties - distribution of fines

12-145-110. Penalties - distribution of fines. (1) In addition to the disciplinary or other actions authorized under sections 12-20-404 and 12-145-109, the director may impose an administrative fine on any person who violates the provisions of this article 145 or the rules of the director promulgated under this article 145, upon a finding of a violation subject to article 4 of title 24, 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 145 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 12-145-105 (1), a fine of not less than one thousand dollars but not more than five thousand dollars per violation. (2) A person who engages in activities as an outfitter 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 145 or by the rules of the director when requested to do so by the director or a peace officer. A registrant who refuses to permit the inspection of documents, records, or items commits a civil infraction. (3) All fines collected pursuant to this article 145 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 145.

C.R.S. § 12-145-111 Cease-and-desist orders - unauthorized practice - penalties

12-145-111. Cease-and-desist orders - unauthorized practice - penalties. (1) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. (2) Any person who engages or offers or attempts to engage in activities as an outfitter without an active registration issued under this article 145 is subject to penalties pursuant to section 12-20-407 (1)(a).

C.R.S. § 12-145-112 Contracts for outfitting services - writing required

12-145-112. Contracts for outfitting services - writing required. (1) Prior to engaging in any activity as an outfitter, an outfitter shall provide a written contract to the client signed by both the outfitter and the client, stating at least the following terms: (a) Type of services to be provided; (b) Dates of service; (c) Transportation arrangements; (d) Costs of the services; (e) Ratio of clients to guides; and (f) The outfitter's policy regarding cancellation of the contract and refund of any deposit. (2) No action may be maintained by an outfitter for breach of a contract or agreement to provide outfitting services or for the recovery of compensation for services rendered under the contract or agreement if the outfitter has failed to comply with the provisions of this article 145. (3) Any written contract provided in accordance with this section must also contain a written statement that, pursuant to section 12-145-108 (1)(c) and (1)(d), outfitters are bonded and required to possess the minimum level of liability insurance and that the activities of outfitters are regulated by the director.

C.R.S. § 12-145-113 Other remedies - contracts void - public nuisance - seizure of equipment

12-145-113. Other remedies - contracts void - public nuisance - seizure of equipment. (1) Every agreement or contract for the services of an outfitter shall be void and unenforceable by the outfitter unless the outfitter is duly registered with the division under the provisions of this article 145 when the services are contracted for and performed. (2) Every motor vehicle, trailer, vessel, firearm, weapon, trap, equipment, livestock, or other personal property used in outfitting services in violation of the provisions of this article 145 is declared to be a class 2 public nuisance. Unless in conflict with the specific provisions of this section, the provisions of article 13 of title 16 shall apply to any action taken pursuant to this section. (3) (a) Any personal property subject to seizure under this section that is seized as a part of or incident to a criminal proceeding for violation of this article 145 and for which disposition is not provided by another statute of this state shall be disposed of as provided in this section. (b) The court may order the property sold in the manner provided for sales on execution. (c) The proceeds of the sale shall be applied as follows: (I) To the fees and costs of removal and sale; (II) To the payment of any costs the state has incurred from the action; and (III) The balance, if any, to the office of the district attorney who has brought the action.

C.R.S. § 12-145-114 Advisory committee

12-145-114. Advisory committee. The director shall appoint an advisory committee to make recommendations concerning outfitters, which committee shall serve at the request and pleasure of the director. The members of the advisory committee shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties under this article 145.

C.R.S. § 12-145-115 Enforcement

12-145-115. Enforcement. Every peace officer is hereby authorized to assist the director in the enforcement of the provisions of this article 145 and the rules prescribed by the director.

C.R.S. § 12-145-116 Judicial review

12-145-116. Judicial review. Section 12-20-408 governs judicial review of all final actions and orders.

C.R.S. § 12-145-117 Notice - hunting and fishing license

12-145-117. Notice - hunting and fishing license. The division and the division of parks and wildlife shall develop a system to provide a written notice with each hunting or fishing license, at the time of issuance, stating that it is illegal to provide outfitting services in Colorado without registering with the division.

C.R.S. § 12-145-118 Repeal of article - review of functions

12-145-118. Repeal of article - review of functions. This article 145 is repealed, effective September 1, 2025. Before the repeal, the powers, duties, and functions of the division specified in this article 145 are scheduled for review in accordance with section 24-34-104.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026

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