§ 26.5-5-323 — Civil penalties - fines - child care cash fund - created

Colorado § 26.5-5-323

• Jurisdiction: Colorado
• Title 26.5: Early
• Art.: Quality Improvement Initiatives

Text

(1) In
addition to any other penalty otherwise provided by law, including section 26.5-5-321, any person violating any provision of this part 3 or intentionally making any
false statement or report to the department or to any agency delegated by the
department to make an investigation or inspection under the provisions of this part
3 may be assessed a civil penalty up to a maximum of ten thousand dollars as
follows:

(a) Two hundred fifty dollars a day for the first day;

(b) Five hundred dollars a day for the second day; and

(c) One thousand dollars a day for the third and subsequent days.

(2) Each day in which a person is in violation of any provision of this part 3
may constitute a separate offense.

(3) The department may assess a civil penalty in conformity with the
provisions and procedures specified in article 4 of title 24; except that all hearings
conducted pursuant to this section must be before an administrative law judge, who
shall issue an initial decision. The executive director shall review the initial decision
and issue the final decision of the department.

(4) The department shall transmit the fines collected pursuant to this
section, section 26.5-5-317 (2) and (7), and section 26.5-5-318 (1)(c) to the state
treasurer, who shall credit the same to the child care cash fund, which fund is
hereby created in the state treasury. The state treasurer shall credit to the fund all
interest derived from the deposit and investment of money in the fund. At the end
of any fiscal year, all unexpended and unencumbered money in the fund remains in
the fund and is not be credited or transferred to the general fund or any other fund.
Money in the child care cash fund is continuously appropriated to the department
to fund activities related to the improvement of the quality of child care in the state
of Colorado.

Legislative History

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 767, � 3, effective July 1.