(1) In addition to other penalties prescribed by this part 4 or any other law, a producer or stewardship organization that violates this part 4 is liable for an administrative penalty assessment not to exceed one thousand dollars per day for the first violation and five thousand dollars per day for a second or subsequent violation.
If a person is liable pursuant to subsection (1) of this section, the executive directorshall serve by personal service or by certified mail an order that imposes an administrative penalty on the person who has been designated in the paint stewardship program plan as the contact person.
The contact person may submit a written request to the executive director for a hearing by personal service or by certified mail within thirty calendar days after the date of the order. An administrative law judge from the office of administrative courts shall conduct the hearing in accordance with section 24-4-105, C.R.S.
If a request for a hearing is filed, payment of any monetary penalty is stayed pendinga final decision by the administrative law judge after the hearing on the merits. The department is not precluded from imposing an administrative penalty against the producer or stewardship program for subsequent violations of this part 4 committed during the pendency of the stay.
The department bears the burden of proof by a preponderance of the evidence in ahearing held pursuant to this section.
The executive director may enter into a settlement agreement with a producer orstewardship organization assessed an administrative penalty under this section.
The executive director shall transfer any moneys collected under this section to thestate treasurer, who shall deposit the moneys into the general fund.
Source: L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1873, § 1, effective August 6.