Colorado § 35-21-107.5 Civil penalties

Colorado Statutes

§ 35-21-107.5 — Civil penalties

Colorado § 35-21-107.5

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This text of Colorado § 35-21-107.5 (Civil penalties) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 35-21-107.5 (2026).

Text

(1)(a) The commissioner may impose a civil penalty on any person who violates this part 1 or any rule adopted under this part 1. The penalty must not exceed seven hundred fifty dollars per day per violation.

(b)Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.

(2)(a) The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(b)Upon a finding that the commissioner did not have probable cause to impose a civil penalty, the person charged may recover from the department such person's costs and attorney fees.

(3)If the commissioner is unable to collect a civil penalty or if any pe

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(1) (a) The commissioner may impose a civil
penalty on any person who violates this part 1 or any rule adopted under this part 1.
The penalty must not exceed seven hundred fifty dollars per day per violation.

(b) Before imposing a civil penalty, the commissioner may consider the
effect of such penalty on the ability of the violator to stay in business.

(2) (a) The commissioner shall not impose a civil penalty unless the person
charged is given notice and an opportunity for a hearing pursuant to article 4 of
title 24, C.R.S.

(b) Upon a finding that the commissioner did not have probable cause to
impose a civil penalty, the person charged may recover from the department such
person's costs and attorney fees.

(3) If the commissioner is unable to collect a civil penalty or if any person
fails to pay all or any portion of a civil penalty imposed pursuant to this section, the
commissioner may recover the amount of the penalty, plus costs and attorney fees,
by action in a court of competent jurisdiction.

(4) The commissioner shall transmit civil penalties collected under this
section to the state treasurer, who shall credit the money to the general fund.

Legislative History

Source: L. 95: Entire section added, p. 704, � 20, effective May 23. L. 2003: (4) amended, p. 1733, � 15, effective May 14. L. 2005: (4) amended, p. 1274, � 14, effective July 1. L. 2007: (4) amended, p. 1909, � 12, effective July 1. L. 2020: (4) amended, (HB 20-1211), ch. 159, p. 713, � 7, effective June 29; (1)(a) amended, (HB 20-1343), ch. 217, p. 1078, � 8, effective September 14.