(1) In addition to the criminal penalty prescribed in section 35-33-406, any person who violates this article or any rule promulgated under this article shall also be subject to a civil penalty of not more than seven hundred fifty dollars per violation for each day of violation.
Any person who violates this article or any rule promulgated under this article issubject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty shall not exceed seven hundred fifty dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule for the second time. Each day the violation occurs shall constitute a separate violation.
No civil penalty may be imposed by the commissioner unless the person charged isgiven notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
If the commissioner is unable to collect such civil penalty or if any person fails topay all or a set portion of the civil penalty as determined by the commissioner, the commissioner 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 commissioner or a court of competent jurisdiction may consider the effect of such penalty on the business.
Any penalty collected under this section shall be transmitted to the state treasurer,who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.
Source: L. 89: Entire article R&RE, p. 1393, § 1, effective April 12. L. 90: (1) amended, p. 1848, § 47, effective May 31. L. 2003: (3) amended, p. 1734, § 17, effective May 14. L. 2005:
(3) amended, p. 1274, § 16, effective July 1. L. 2007: (3) amended, p. 1910, § 15, effective July
1. L. 2009: Entire section amended, (SB 09-117), ch. 123, p. 517, § 17, effective April 16.
Editor's note: This section is similar to former § 35-33-108 as it existed prior to 1989.