Colorado § 25-17-407 Violations - enforcement - administrative penalty

Colorado Statutes

§ 25-17-407 — Violations - enforcement - administrative penalty

Colorado·Title 25 Public·Art. Waste Diversion and Recycling

(1)In addition to other penalties prescribed by this part 4 or any other law, a producer or stewardship organization that violates this part 4 is liable for an administrative penalty assessment not to exceed one thousand dollars per day for the first violation and five thousand dollars per day for a second or subsequent violation.

(2)If a person is liable pursuant to subsection (1) of this section, the executive director shall serve by personal service or by certified mail an order that imposes an administrative penalty on the person who has been designated in the paint stewardship program plan as the contact person.

(3)The contact person may submit a written request to the executive director for a hearing by personal service or by certified mail within thirty calendar days a

Free access — add to your briefcase to read the full text and ask questions with AI

(1) In
addition to other penalties prescribed by this part 4 or any other law, a producer or
stewardship organization that violates this part 4 is liable for an administrative
penalty assessment not to exceed one thousand dollars per day for the first
violation and five thousand dollars per day for a second or subsequent violation.

(2) If a person is liable pursuant to subsection (1) of this section, the
executive director shall serve by personal service or by certified mail an order that
imposes an administrative penalty on the person who has been designated in the
paint stewardship program plan as the contact person.

(3) The contact person may submit a written request to the executive
director for a hearing by personal service or by certified mail within thirty calendar
days after the date of the order. An administrative law judge from the office of
administrative courts shall conduct the hearing in accordance with section 24-4-105, C.R.S.

(4) If a request for a hearing is filed, payment of any monetary penalty is
stayed pending a final decision by the administrative law judge after the hearing on
the merits. The department is not precluded from imposing an administrative
penalty against the producer or stewardship program for subsequent violations of
this part 4 committed during the pendency of the stay.

(5) The department bears the burden of proof by a preponderance of the
evidence in a hearing held pursuant to this section.

(6) The executive director may enter into a settlement agreement with a
producer or stewardship organization assessed an administrative penalty under this
section.

(7) The executive director shall transfer any moneys collected under this
section to the state treasurer, who shall deposit the moneys into the general fund.

Colorado § 25-17-407 (Violations - enforcement - administrative penalty) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.