(1) Any person who violates any provision of this article or of any rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or the commissioner. 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 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 the civil penalty, or if any person fails to payall 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 court or the commissioner may consider theeffect of such penalty on the person charged.
All penalties collected pursuant to this section shall be transmitted to the generalfund.
Source: L. 95: Entire section added, p. 69, § 4, effective March 23.