C.R.S. Section 35-10-122
Civil penalties


(1)

Any person who violates this article 10 or any rule adopted pursuant to this article 10 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty is two thousand five hundred dollars per violation; except that the penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule for the second time.

(2)

No civil penalty may be imposed by the commissioner unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(3)

If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(4)

Before imposing any civil penalty, the commissioner or a court of competent jurisdiction may consider the effect of such penalty on the ability of the person charged to stay in business.

Source: Section 35-10-122 — Civil penalties, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

35–10–101
Short title
35–10–102
Legislative declaration
35–10–103
Definitions
35–10–104
Scope of article
35–10–105
Commercial applicator - business license required
35–10–106
Commercial applicator - license requirements - application - fees
35–10–107
Commercial applicator business license - renewals
35–10–108
Commercial applicators - invoice notice
35–10–109
Limited commercial and public applicators - no business license required - training - rules
35–10–110
Registered limited commercial and registered public applicators - requirements for operation
35–10–111
Record-keeping requirements
35–10–112
Notification requirements - registry of pesticide-sensitive persons - preemption - rules
35–10–112.5
Statewide uniformity of pesticide control and regulation - exceptions
35–10–113
Qualified supervisor - license required
35–10–114
Certified operator - license required
35–10–114.5
Private applicator - license required
35–10–115
Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees
35–10–116
Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement
35–10–117
Unlawful acts
35–10–117.5
Unlawful acts for licensed private applicators
35–10–118
Powers and duties of the commissioner - rules
35–10–119
Inspections - investigations - access - subpoena
35–10–120
Enforcement
35–10–121
Disciplinary actions - denial of license
35–10–122
Civil penalties
35–10–123
Criminal penalties
35–10–124
Information - use and handling of pesticides - enforcement action - credentialing information - definition
35–10–125
Advisory committee
35–10–126
Transfer of money from fees and civil penalties
35–10–128
Repeal of article - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 35-10-122’s source at colorado​.gov