(1)If the organization, an additional producer responsibility organization, a person
administering a plan approved by the executive director pursuant to this part 7, or a
producer violates any portion of this part 7, the organization, additional producer
responsibility organization, person administering a plan approved by the executive
director pursuant to this part 7, or producer is liable for an administrative penalty
not to exceed:
(a)For a first violation, an initial penalty of five thousand dollars for the first
day of each violation and one thousand five hundred dollars per day for each day
the violation continues;
(b)For a second violation committed within twelve months after a prior
violation, an initial penalty of ten thousand dollars for the first day of each violati
Free access — add to your briefcase to read the full text and ask questions with AI
(1) If the organization, an additional producer responsibility organization, a person
administering a plan approved by the executive director pursuant to this part 7, or a
producer violates any portion of this part 7, the organization, additional producer
responsibility organization, person administering a plan approved by the executive
director pursuant to this part 7, or producer is liable for an administrative penalty
not to exceed:
(a) For a first violation, an initial penalty of five thousand dollars for the first
day of each violation and one thousand five hundred dollars per day for each day
the violation continues;
(b) For a second violation committed within twelve months after a prior
violation, an initial penalty of ten thousand dollars for the first day of each violation
and three thousand dollars per day for each day the violation continues; and
(c) For a third or subsequent violation committed within twelve months after
two or more prior violations, an initial penalty of twenty thousand dollars for the
first day of each violation and six thousand dollars per day for each day the
violation continues.
(2) (a) If the organization, an additional producer responsibility organization,
a person administering a plan approved by the executive director pursuant to this
part 7, or a producer violates any portion of this part 7, the executive director shall
serve by personal service or by certified mail an order that imposes an
administrative penalty on the organization, additional producer responsibility
organization, person administering a plan approved by the executive director
pursuant to this part 7, or producer.
(b) The organization, additional producer responsibility organization, person
administering a plan approved by the executive director pursuant to this part 7, or
producer may submit a written request for a hearing to the executive director by
personal service or by certified mail within thirty-five calendar days after the date
of the order imposing an administrative penalty. The commission shall conduct the
hearing in accordance with section 24-4-105.
(c) If a request for a hearing is filed, the requirement to pay a penalty is
stayed pending a final decision by the commission after a hearing on the merits. The
executive director is not precluded from imposing an administrative penalty against
the organization, additional producer responsibility organization, person
administering a plan approved by the executive director pursuant to this part 7, or
producer for subsequent violations of this part 7 committed during the pendency of
the stay.
(d) The executive director bears the burden of proof by a preponderance of
the evidence in a hearing held pursuant to this section.
(3) The executive director may enter into a settlement agreement with the
organization, additional producer responsibility organization, person administering
a plan approved by the executive director pursuant to this part 7, or producer
assessed an administrative penalty under this section.
(4) The executive director shall transfer any money collected under this
section to the state treasurer, who shall credit the money to the Colorado circular
communities cash fund created in section 25-16.5-109 (4).
(5) Notwithstanding any law to the contrary, nothing in this part 7:
(a) Creates a private right of action; or
(b) Authorizes enforcement of this part 7 against anyone other than the
organization, an additional producer responsibility organization, a person
administering a plan approved by the executive director pursuant to this part 7, or a
producer.