(1) Any person who violates any provision of this part 18 or any rule adopted pursuant to this part 18 is subject to a civil penalty, as determined by the department. The maximum penalty shall not exceed fifty dollars per violation.
No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
If the department is unable to collect such civil penalty or if any person fails to payall or a set portion of the civil penalty as determined by the department, the department may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
Before imposing any civil penalty, the department may consider the effect of suchpenalty on the ability of the person charged to stay in business.
All penalties collected pursuant to this section by the department shall be transmittedto the state treasurer who shall credit the same to the food protection cash fund created in section 25-4-1605.
Source: L. 97: Entire part added, p. 88, § 1, effective July 1.