Colorado § 35-33-405 Violations - civil penalties - disposition

Colorado Statutes

§ 35-33-405 — Violations - civil penalties - disposition

Colorado § 35-33-405

Title 35Agriculture

Art.Custom Processing

This text of Colorado § 35-33-405 (Violations - civil penalties - disposition) 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. § 35-33-405 (2026).

Text

(1)Repealed.

(2)In addition to the criminal penalty prescribed in section 35-33-406, any person who violates this article 33 or any rule promulgated under this article 33 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty shall not exceed seven hundred fifty dollars per violation; except that the penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule for the second or subsequent time. Each day the violation occurs constitutes a separate violation.

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

(4)If

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(1) Repealed.

(2) In addition to the criminal penalty prescribed in section 35-33-406, any
person who violates this article 33 or any rule promulgated under this article 33 is
subject to a civil penalty, as determined by the commissioner or a court of
competent jurisdiction. The maximum penalty shall not exceed seven hundred fifty
dollars per violation; except that the penalty may be doubled if it is determined,
after notice and an opportunity for hearing, that the person has violated the
provision or rule for the second or subsequent time. Each day the violation occurs
constitutes a separate violation.

(3) No civil penalty may be imposed by the commissioner 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 or a set portion of the civil penalty 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, the commissioner or a court of
competent jurisdiction may consider the effect of such penalty on the business.

(6) Any penalty collected under this section is credited to the general fund in
accordance with section 24-75-201.

Legislative History

Source: L. 89: Entire article R&RE, p. 1393, � 1, effective April 12. L. 90: (1) amended, p. 1848, � 47, effective May 31. L. 2003: (3) amended, p. 1734, � 17, effective May 14. L. 2005: (3) amended, p. 1274, � 16, effective July 1. L. 2007: (3) amended, p. 1910, � 15, effective July 1. L. 2009: Entire section amended, (SB 09-117), ch. 123, p. 517, � 17, effective April 16. L. 2023: (1) repealed and (2) and (6) amended, (SB 23-152), ch. 128, p. 492, � 4, effective August 7.