C.R.S. Section 35-36-105
Civil penalties

(1)

A person who violates this article 36 or any rule enacted pursuant to this article 36 is subject to a civil penalty as determined by the commissioner. The maximum penalty is one thousand dollars per violation per day.

(2)

A civil penalty shall not be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24.

(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, the commissioner may recover the amount, plus costs and attorney fees, by action in any court of competent jurisdiction.

(4)

Under circumstances where the commissioner did not have probable cause to impose a civil penalty, the person charged may recover the person’s costs and attorney fees from the department.

(5)

The commissioner shall transmit all money collected from civil penalties pursuant to this section to the state treasurer, who shall credit it to the inspection and consumer services cash fund created in section 35-1-106.5.

(6)

Before imposing a civil penalty, the commissioner may consider the effect of the penalty on the ability of the person charged to stay in business.

Source: Section 35-36-105 — Civil penalties, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

35‑36‑101
Short title 35‑36‑102
Definitions 35‑36‑103
Commissioner - rules - delegation of powers and duties 35‑36‑104
Cease-and-desist order - restraining order 35‑36‑105
Civil penalties 35‑36‑106
Penalties 35‑36‑107
Appeal 35‑36‑109
Repeal of article 35‑36‑201
Licenses - commodity handler - rules 35‑36‑202
Exemptions 35‑36‑203
Commodity handler licenses - application requirements - fee 35‑36‑204
Licenses - requirements - rules 35‑36‑205
Disciplinary powers - licenses 35‑36‑206
Bailment of commodities 35‑36‑207
Credit sale contracts - rules 35‑36‑208
Commodity grades established - rules 35‑36‑209
Negotiable warehouse receipts - rules 35‑36‑210
Use of scale tickets and negotiable warehouse receipts 35‑36‑211
Commodity handler records - separate and distinct - time of maintenance - definition 35‑36‑212
Warehouse operator’s liability for disposal of tainted commodities 35‑36‑213
Enforcement - inspection of commodity handlers’ property - confidentiality 35‑36‑214
Procedure on shortage - refusal to submit to inspection 35‑36‑215
Inspection fees 35‑36‑216
Bonds or irrevocable letters of credit - exemptions 35‑36‑217
Unlawful acts - definition 35‑36‑301
Legislative declaration 35‑36‑302
Application for license - rules 35‑36‑303
License fee - renewal - rules 35‑36‑304
Bonds and irrevocable letters of credit - exemptions 35‑36‑305
Investigations, hearings, and examinations 35‑36‑306
Disciplinary powers - licenses 35‑36‑307
Credit sale contracts - rules 35‑36‑308
Records of dealers 35‑36‑309
Records of small-volume dealers 35‑36‑310
Daily reports and settlements 35‑36‑311
Pooled consignment 35‑36‑312
Enforcement 35‑36‑313
Unlawful acts - definition 35‑36‑314
Penalties for theft of farm products
Green check means up to date. Up to date

Current through Fall 2024

§ 35-36-105’s source at colorado​.gov