(1) (a) Except as otherwise provided in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3.
Any person who plants or distributes potatoes in violation of this article or any ruleadopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty imposed by the commissioner shall be at least twenty dollars per acre but shall not exceed one hundred dollars per acre per violation.
Any person who fails to maintain complete and accurate records pursuant to section35-27.3-106 or rules promulgated pursuant to section 35-27.3-108 (1)(b)(VII) is subject to a civil penalty of at least five hundred dollars but no more than one thousand dollars, as determined by the commissioner.
No civil penalty shall be imposed unless the person charged is given notice and anopportunity for a hearing pursuant to article 4 of title 24, C.R.S.
If the commissioner is unable to collect a civil penalty or if any person fails to pay allor a set portion of such civil penalty, the commissioner may bring suit in any court of competent jurisdiction to recover the penalty plus costs and attorney fees.
Moneys collected from any civil penalty imposed under this article shall be paid tothe state treasurer, who shall credit the same to the seed potato cash fund created in section 3527.3-111.
Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, § 5, effective July 1. L. 2019: (1)(a) amended, (SB 19-147), ch. 100, p. 364, § 6, effective August 2.