§ 25-5-1009 — Penalties

(1) Upon a finding by the board that an owner or
lessee of a tanning facility is in violation of any of the provisions of this part 10, or
the standards, rules, or regulations adopted by the board pursuant to this part 10,
the board may assess a penalty of up to two hundred dollars for each day of
violation, and each day of violation shall be considered a separate offense. Actions
may be brought by the attorney general in the district court of the district within
which the tanning device is located. In determining the amount of the penalty, the
board shall consider the degree of danger to the public caused by the violation, the
duration of the violation, and whether the owner or lessee has committed any
similar violations. Any penalty fees collected by the board shall be remitted to the
state treasurer, who shall credit the same to the tanning device education fund,
created in section 25-5-1004.

(2) An owner or lessee subject to a penalty assessment pursuant to this
section may appeal the penalty to the board by requesting a hearing before the
board. Such a request shall be filed within thirty days after the penalty assessment
is issued. A hearing before the board shall be conducted in accordance with article
4 of title 24, C.R.S.

Legislative History

Source: L. 92: Entire part added, p. 1288, � 1, effective July 1.