(1) A person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or by the commission or the commission's designee. The penalty shall not exceed one thousand 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 on at least one prior occasion occurring after March 23, 1995.
No civil penalty may be imposed by the commission or its designee unless the personcharged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
If the commission or its designee is unable to collect the civil penalty, or if a personfails to pay all or a set portion of the civil penalty as determined by the commission or its designee, the commission may bring suit to recover such amount plus costs and attorney fees by action in a court of competent jurisdiction.
Before imposing any civil penalty, the court, the commission, or the commission'sdesignee may consider the effect of such penalty on the person charged.
All penalties collected pursuant to this section shall be transmitted to the diseasedlivestock indemnity fund created in section 35-50-114 (3).
Source: L. 2005: Entire article R&RE, p. 459, § 1, effective December 1.
Editor's note: This section is similar to former § 35-50-145.1 as it existed prior to 2005, and the former § 35-50-118 was relocated to § 35-50-109.