(1) (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) (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.
If the commissioner is unable to collect a civil penalty or if any person fails to pay allor 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.
The commissioner shall transmit civil penalties collected under this section to thestate treasurer, who shall credit the money to the general fund.
Source: L. 95: Entire section added, p. 704, § 20, effective May 23. L. 2003: (4) amended, p. 1733, § 15, effective May 14. L. 2005: (4) amended, p. 1274, § 14, effective July 1.
L. 2007: (4) amended, p. 1909, § 12, effective July 1. L. 2020: (4) amended, (HB 20-1211), ch. 159, p. 713, § 7, effective June 29; (1)(a) amended, (HB 20-1343), ch. 217, p. 1078, § 8, effective September 14.
Editor's note: Section 9 of chapter 159 (HB 20-1211), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after June 29, 2020.