Colorado § 10-1-310 Fines and penalties

Colorado Statutes

§ 10-1-310 — Fines and penalties

Colorado § 10-1-310

Title 10Insurance

Art.General Provisions

This text of Colorado § 10-1-310 (Fines and penalties) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 10-1-310 (2026).

Text

(1)As a result of any market conduct surveillance, the commissioner may order a monetary penalty of up to three thousand dollars for every act in violation of any law, rule, or prior lawful order of the commissioner, not to exceed an aggregate penalty of thirty thousand dollars for every act or violation. If the company knew or reasonably should have known that its conduct was in violation of any law, rule, or prior lawful order of the commissioner, the commissioner may order a penalty of up to thirty thousand dollars for every act or violation, not to exceed an aggregate penalty of two hundred thousand dollars in any one calendar year.

(2)The commissioner shall ensure that fines and penalties levied as a result of market conduct surveillance or other action enforcing this part

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(1) As a result of any market conduct
surveillance, the commissioner may order a monetary penalty of up to three
thousand dollars for every act in violation of any law, rule, or prior lawful order of
the commissioner, not to exceed an aggregate penalty of thirty thousand dollars for
every act or violation. If the company knew or reasonably should have known that
its conduct was in violation of any law, rule, or prior lawful order of the
commissioner, the commissioner may order a penalty of up to thirty thousand
dollars for every act or violation, not to exceed an aggregate penalty of two
hundred thousand dollars in any one calendar year.

(2) The commissioner shall ensure that fines and penalties levied as a result
of market conduct surveillance or other action enforcing this part 3 are consistent,
reasonable, and justified. Every fine or penalty must relate to the general business
practices and compliance activities of insurers and not to clearly infrequent or
unintentional random errors that do not cause significant consumer harm.

(3) When determining the appropriate civil penalty for a company and
whether to stay any portion of the civil penalty, the commissioner shall consider:

(a) Actions taken by the company to maintain membership in, and comply
with the standards of, best-practice organizations that promote high ethical
standards of conduct in the marketplace;

(b) The extent to which the company maintains regulatory compliance
programs to self-assess, self-report, and remediate problems detected; and

(c) Regulatory compliance programs or corrective actions that a company
has instituted voluntarily prior to or during the pendency of any market conduct
surveillance in order to remedy violations.

(4) If the commissioner stays any portion of the civil penalty, the
commissioner may reinstate the full civil penalty, and may impose additional
penalties, if the company fails to remedy the violations.

(5) The commissioner shall include in the final agency order the civil penalty
amount per violation for every act in violation of any law, rule, or prior lawful order
of the commissioner.

Legislative History

Source: L. 2017: (2) amended, (SB 17-249), ch. 283, p. 1544, � 4, effective September 1; entire part added, (HB 17-1231), ch. 284, p. 1573, � 10, effective January 1, 2018.