C.R.S.
Section 35-21-107.5
Civil penalties
(1)
Intentionally left blank —Ed.(a)
The commissioner may impose a civil penalty on any person who violates this part 1 or any rule adopted under this part 1. The penalty must not exceed seven hundred fifty dollars per day per violation.(b)
Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.(2)
Intentionally left blank —Ed.(a)
The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.(b)
Upon a finding that the commissioner did not have probable cause to impose a civil penalty, the person charged may recover from the department such person’s costs and attorney fees.(3)
If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction.(4)
The commissioner shall transmit civil penalties collected under this section to the state treasurer, who shall credit the money to the general fund.
Source:
Section 35-21-107.5 — Civil penalties, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-35.pdf (accessed Oct. 20, 2023).
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