§ 25-18.5-107 — Enforcement

Colorado § 25-18.5-107

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Illegal Drug Laboratories

Text

(1) A person that violates any rule promulgated
by the board under section 25-18.5-102 is subject to an administrative penalty not
to exceed fifteen thousand dollars per day per violation until the violation is
corrected.

(2) (a) Whenever the department has reason to believe that a person has
violated any rule promulgated by the board under section 25-18.5-102, the
department shall notify the person, specifying the rule alleged to have been
violated and the facts alleged to constitute the violation.

(b) The department shall either:

(I) Send the notice by certified or registered mail, return receipt requested,
to the alleged violator's last-known address; or

(II) Personally serve the notice upon the alleged violator or the alleged
violator's agent.

(c) The alleged violator has thirty days following receipt of the notice to
submit a written response containing data, views, and arguments concerning the
alleged violation and potential corrective actions.

(d) Within fifteen days after receiving notice of an alleged violation, the
alleged violator may request an informal conference with department personnel to
discuss the alleged violation. The department shall hold the informal conference
within the thirty days allowed for a written response.

(e) After consideration of any written response and informal conference, the
department shall issue a letter, within thirty days after the date of the informal
conference or written response, whichever is later, affirming or dismissing the
violation. If the department affirms the violation, the department shall issue an
administrative order within one hundred eighty days after the time for a written
response has expired. The administrative order must include any remaining
corrective actions that the violator shall take and any administrative penalty that
the department determines is appropriate.

(f) The department shall serve an administrative order under this article on
the person subject to the order by personal service or by registered mail, return
receipt requested, at the person's last-known address. An order may be prohibitory
or mandatory in effect. The order is effective immediately upon issuance unless
otherwise provided in the order.

(g) In determining the amount of an administrative penalty, the department
shall consider the following factors:

(I) The seriousness of the violation;

(II) Whether the violation was intentional, reckless, or negligent;

(III) Any impact on, or threat to, the public health or environment as a result
of the violation;

(IV) The violator's degree of recalcitrance;

(V) Whether the violator has had a prior violation and, if so, the nature and
severity of the prior violation;

(VI) The economic benefit the violator received as a result of the violation;

(VII) Whether the violator voluntarily, timely, and completely disclosed the
violation before the department discovered it;

(VIII) Whether the violator fully and promptly cooperated with the
department following disclosure or discovery of the violation; and

(IX) Any other relevant aggravating or mitigating circumstances.

(3) If the department determines that a person has been grossly
noncompliant with the rules promulgated by the board under section 25-18.5-102,
the department may:

(a) Suspend or revoke the person's certification for the assessment,
decontamination, or sampling of illegal drug laboratories; or

(b) Suspend or revoke the approval of a person to provide training for
consultants or contractors performing assessment, decontamination, or sampling
of illegal drug laboratories.

Legislative History

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, � 1, effective August 7.