§ 33-15-102 — Imposition of penalty - procedures

(1) A person commits a petty
offense and, upon conviction, shall be punished by a fine of one hundred dollars for
a violation of any of the following for which there is not an associated statutory
penalty listed:

(a) Any provision of articles 10 to 15 or article 32 of this title 33; or

(b) A rule of the commission promulgated pursuant to one or more of the
articles specified in subsection (1)(a) of this section.

(2) At the time that any person is charged with violating any petty offense or
misdemeanor provisions of articles 10 to 15 or 32 of this title or any rule of the
commission, the officer shall issue a summons and complaint to the alleged
offender or, in the case of a violation for which a fine of a fixed amount is
prescribed, may give the alleged offender an opportunity to voluntarily pay the fine
and surcharge in the form of a penalty assessment. Penalty assessments shall not
be issued for violations for which minimum and maximum fines have been
established. The penalty assessment notice given to the alleged offender shall
contain the information required in and be in the form of a summons and complaint
and shall specify in dollars the amount of the penalty to be assessed for the alleged
offense and the amount of the surcharge to be collected pursuant to section 24-33.5-415.6, C.R.S. If the alleged offender accepts such notice and pays the fine and
surcharge entered thereon to the division within twenty days of issuance of the
notice, such acceptance and payment shall constitute an acknowledgment of guilt
by such person of the violation set forth in the penalty assessment notice. Any
person who accepts a penalty assessment notice but who does not furnish
satisfactory evidence of identity or who the officer has reasonable and probable
grounds to believe will disregard a written promise to pay the specified fine and
surcharge may be taken by the officer to the nearest known post-office facility and
be required to remit the amount of the specified fine and surcharge to the division
immediately by mail in United States currency or other legal tender or by money
order or personal check. Refusal or inability to remit the specified fine and
surcharge by mail when required shall constitute a refusal to accept a penalty
assessment notice. Checks tendered by the violator to and accepted by the division
and on which payment is received by the division shall be deemed sufficient receipt.
If the fine and surcharge are not so paid, then the officer who issued the penalty
assessment notice shall docket the summons and complaint with a court of
competent jurisdiction for appearance by the person to answer the charges therein
contained at such time and place as is specified in the summons and complaint.

Legislative History

Source: L. 84: Entire article added, p. 914, � 2, effective January 1, 1985. L. 95: Entire section amended, p. 967, � 7, effective July 1. L. 2003: (1) amended, p. 1952, � 42, effective May 22. L. 2009: (2) amended, (SB 09-241), ch. 295, p. 1581, � 10, effective July 1. L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1228, � 67, effective June 4. L. 2019: (1) amended, (HB 19-1026), ch. 423, p. 3701, � 35, effective July 1. L. 2020: (1) amended, (HB 20-1087), ch. 49, p. 171, � 11, effective March 20. L. 2021: IP(1) amended, (SB 21-271), ch. 462, p. 3271, � 596, effective March 1, 2022.