§ 25-7-122.5 — Enforcement of chlorofluorocarbon regulations

Colorado § 25-7-122.5

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Air Quality Control

Text

(1) Whenever
the division has reason to believe that any person has violated the rules and
regulations promulgated pursuant to section 25-7-105 (11), the division may issue a
notice of violation or a cease-and-desist order. Such notice or order shall set forth
the rule or regulation alleged to have been violated, the facts constituting such
violation, and any measures which the person is required to take. In addition, if the
division finds that a person is in violation of any rule or regulation promulgated
pursuant to section 25-7-105 (11), it may assess a fine of up to one thousand dollars
for each violation.

(2) Any person who has been issued a notice of violation or a cease-and-desist order or who has been ordered to pay a fine may request a hearing before the
commission to contest the notice, order, or fine. Such request shall be filed within
thirty days after the notice or order has been issued or the fine has been assessed.
Upon such request, a hearing shall be held before the commission within a
reasonable time.

(3) After a hearing pursuant to subsection (2) of this section, any person
aggrieved by the determination of the commission may seek judicial review of the
commission's order within thirty days after entry thereof in the district court for the
judicial district in which the violation occurred.

(4) All fines collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit the same to the general fund.

Legislative History

Source: L. 89: Entire section added, p. 1158, � 4, effective May 26.