Colorado § 35-26-109 Penalties

Colorado Statutes

§ 35-26-109 — Penalties

Colorado § 35-26-109

Title 35Agriculture

Art.Colorado Nursery Act

This text of Colorado § 35-26-109 (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. § 35-26-109 (2026).

Text

(1)Any person who intentionally violates any provision of this article 26 or the rules or regulations promulgated pursuant to this article 26 commits a petty offense and shall be punished as provided in section 18-1.3-503.

(2)Any person who violates any provision of this article 26, or any rule or regulations made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.

(3)No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(4)If the commissioner is unable to collect such civil penalty or if any person fails to pay all of the civil penalty or a set portion as determined by the

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(1) Any person who intentionally violates any
provision of this article 26 or the rules or regulations promulgated pursuant to this
article 26 commits a petty offense and shall be punished as provided in section 18-1.3-503.

(2) Any person who violates any provision of this article 26, or any rule or
regulations made pursuant to this article is subject to a civil penalty, as determined
by the commissioner. The maximum penalty shall not exceed one thousand dollars
per violation.

(3) No civil penalty may be imposed unless the person charged is given
notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(4) If the commissioner is unable to collect such civil penalty or if any person
fails to pay all of the civil penalty or a set portion as determined by the
commissioner, the commissioner may bring suit to recover such amount plus costs
and attorney fees by action in any court of competent jurisdiction.

(5) Before imposing any civil penalty under this section, the commissioner
may consider the effect of such penalty on the ability of the person charged to stay
in business.

(6) (Deleted by amendment, L. 91, p. 155, � 12, effective July 1, 1991.)

Legislative History

Source: L. 71: R&RE, p. 146, � 1. C.R.S. 1963: � 6-15-9. L. 73: p. 197, � 3. L. 83: (2), (5), and (6), amended, p. 1363, � 6, effective July 1. L. 91: Entire section amended, p. 155, � 12, effective July 1. L. 2002: (1) amended, p. 1548, � 310, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3278, � 624, effective March 1, 2022.