(1) (a) If the board concludes that a
licensee, registrant, or applicant for licensure has violated section 12-155-113 and
that disciplinary action is appropriate, the program director or the program
director's designee may issue a citation in accordance with subsection (3) of this
section to the licensee, registrant, or applicant.
(b) (I) The licensee, registrant, or applicant to whom a citation has been
issued may make a request to negotiate a stipulated settlement agreement with
the program director or the program director's designee, if the request is made in
writing within ten working days after issuance of the citation that is the subject of
the settlement agreement.
(II) All stipulated settlement agreements shall be conducted pursuant to
rules adopted by the board pursuant to section 12-155-105 (1)(e). The board shall
adopt a rule to allow any licensee, registrant, or applicant unable, in good faith, to
settle with the program director to request an administrative hearing pursuant to
subsection (1)(c) of this section.
(c) (I) The licensee, registrant, or applicant to whom a citation has been
issued may request an administrative hearing to determine the propriety of the
citation if the request is made in writing within ten working days after issuance of
the citation that is the subject of the hearing or within a reasonable period after
negotiations for a stipulated settlement agreement pursuant to subsection (1)(b) of
this section have been deemed futile by the program director.
(II) For good cause, the board may extend the period of time in which a
person who has been cited may request a hearing.
(III) All hearings conducted pursuant to subsection (1)(c)(I) of this section
shall be conducted in compliance with section 24-4-105.
(d) Any action taken by the board pursuant to this section shall be deemed
final after the period of time extended to the licensee, registrant, or applicant to
contest the action pursuant to this subsection (1) has expired.
(2) (a) The board shall adopt a schedule of fines pursuant to subsection (2)(b)
of this section as penalties for violating section 12-155-113. The fines shall be
assessed in conjunction with the issuance of a citation, pursuant to a stipulated
settlement agreement, or following an administrative hearing. Such schedule shall
be adopted by rule in accordance with section 12-155-105 (1)(e).
(b) In developing the schedule of fines, the board shall:
(I) Provide that a first offense may carry a fine of up to one thousand dollars;
(II) Provide that a second offense may carry a fine of up to two thousand
dollars;
(III) Provide that any subsequent offense may carry a fine of up to two
thousand dollars for each day that any provision of section 12-155-113 is violated;
(IV) Consider how the violation impacts the public, including any health and
safety considerations;
(V) Consider whether to provide for a range of fines for any particular
violation or type of violation; and
(VI) Provide uniformity in the fine schedule.
(3) (a) (I) Any citation issued pursuant to this section shall be in writing, shall
adequately describe the nature of the violation, and shall reference the statutory or
regulatory provision or order alleged to have been violated.
(II) Any citation issued pursuant to this section shall clearly state whether a
fine is imposed, the amount of the fine, and that payment for the fine must be
remitted within the time specified in the citation if the citation is not contested
pursuant to subsection (1) of this section.
(III) Any citation issued pursuant to this section shall clearly set forth how
the citation may be contested pursuant to subsection (1) of this section, including
any time limitations.
(b) A citation or copy of a citation issued pursuant to this section may be
served by certified mail or in person by the program director or the program
director's designee upon a person or the person's agent in accordance with rule 4
of the Colorado rules of civil procedure.
(c) If the recipient fails to give written notice to the board that the recipient
intends to contest the citation or to negotiate a stipulated settlement agreement
within ten working days after service of a citation by the board, the citation shall be
deemed a final order of the board.
(d) The board may take disciplinary action as specified in section 12-20-404
(1)(b) or (1)(d) if the licensee or registrant fails to comply with the requirements set
forth in a citation deemed final pursuant to subsection (3)(c) of this section.
(e) The failure of an applicant for licensure to comply with a citation deemed
final pursuant to subsection (3)(c) of this section is grounds for denial of a license.
(f) No citation may be issued under this section unless the citation is issued
within the six-month period following the occurrence of the violation.
(4) (a) Any fine collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit one-half of the amount of the fine to the general
fund, and one-half of the amount of the fine shall be shared with the appropriate
city, town, county, or city and county, which amounts shall be transmitted to the
entity on an annual basis.
(b) Any fine assessed in a citation or an administrative hearing or any amount
due pursuant to a stipulated settlement agreement that is not paid may be
collected by the program director through a collection agency or in an action in the
district court of the county in which the person against whom the fine is imposed
resides or in the county in which the office of the program director is located.
(c) The attorney general shall provide legal assistance and advice to the
program director in any action to collect an unpaid fine.
(d) In any action brought to enforce this subsection (4), reasonable attorney
fees and costs shall be awarded.