C.R.S. Section 26.5-5-323
Civil penalties

  • fines
  • child care cash fund
  • created

(1)

In addition to any other penalty otherwise provided by law, including section 26.5-5-321, any person violating any provision of this part 3 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 3 may be assessed a civil penalty up to a maximum of ten thousand dollars as follows:

(a)

Two hundred fifty dollars a day for the first day;

(b)

Five hundred dollars a day for the second day; and

(c)

One thousand dollars a day for the third and subsequent days.

(2)

Each day in which a person is in violation of any provision of this part 3 may constitute a separate offense.

(3)

The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24; except that all hearings conducted pursuant to this section must be before an administrative law judge, who shall issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department.

(4)

The department shall transmit the fines collected pursuant to this section, section 26.5-5-317 (2) and (7), and section 26.5-5-318 (1)(c) to the state treasurer, who shall credit the same to the child care cash fund, which fund is hereby created in the state treasury. The state treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not be credited or transferred to the general fund or any other fund. Money in the child care cash fund is continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado.

Source: Section 26.5-5-323 — Civil penalties - fines - child care cash fund - created, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­5.­pdf (accessed Oct. 20, 2023).

26.5‑5‑101
Colorado shines quality rating and improvement system - created
26.5‑5‑102
School-readiness quality improvement program - created - rules
26.5‑5‑103
Quality evaluation and improvement of early childhood care and education programs - use of Colorado works money
26.5‑5‑201
Short title
26.5‑5‑202
Definitions
26.5‑5‑203
Colorado infant and toddler quality and availability grant program - creation
26.5‑5‑204
Eligibility for grants - applications - deadlines
26.5‑5‑205
Reporting requirements
26.5‑5‑301
Short title
26.5‑5‑302
Legislative declaration concerning the protections afforded by regulation
26.5‑5‑303
Definitions
26.5‑5‑304
Application of part - definition - repeal
26.5‑5‑305
Public preschool provider - licensing - rules
26.5‑5‑306
Substitute child care providers - substitute placement agency - licensing - rules
26.5‑5‑307
Application of part - guest child care facilities - public services short-term child care facilities - definition
26.5‑5‑308
Application of part - neighborhood youth organizations - rules - licensing - duties and responsibilities - definitions
26.5‑5‑309
Licenses - rules - definition
26.5‑5‑310
Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules
26.5‑5‑311
Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund - rules
26.5‑5‑312
Application forms - criminal sanctions for perjury
26.5‑5‑313
Applications - materials waivers - appeals - rules
26.5‑5‑314
Standards for facilities and agencies - rules - definition
26.5‑5‑315
Staffing during emergency circumstances - definitions
26.5‑5‑316
Investigations and inspections - local authority - reports - rules
26.5‑5‑317
Denial of license - suspension - revocation - probation - refusal to renew license - fines
26.5‑5‑318
Notice of negative licensing action - filing of complaints
26.5‑5‑319
Institutes
26.5‑5‑320
Injunctive proceedings
26.5‑5‑321
Penalty - short title
26.5‑5‑322
Periodic review of licensing rules and procedures - legislative declaration
26.5‑5‑323
Civil penalties - fines - child care cash fund - created
26.5‑5‑324
Child care resource and referral system - created
26.5‑5‑325
Family child care homes - administration of routine medications - parental direction - rules
26.5‑5‑326
Exempt family child care home providers - fingerprint-based criminal history record check - child care assistance program money - temporary care - rules - definitions
26.5‑5‑327
Unique student identifying numbers - rules
26.5‑5‑328
Applications for licenses
26.5‑5‑329
Testing for the presence of lead in drinking water in child care centers and family child care homes - compliance with public health requirements - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26.5-5-323’s source at colorado​.gov