§ 35-50-118 — Civil penalties

(1) A person who violates any provision of this
article or any rule adopted pursuant to this article is subject to a civil penalty as
determined by a court of competent jurisdiction or by the commission or the
commission's designee. The penalty shall not exceed one thousand dollars per
violation; except that such penalty may be doubled if it is determined, after notice
and an opportunity for hearing, that the person has violated the provision or rule on
at least one prior occasion occurring after March 23, 1995.

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

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

(4) Before imposing any civil penalty, the court, the commission, or the
commission's designee may consider the effect of such penalty on the person
charged.

(5) All penalties collected pursuant to this section shall be transmitted to
the diseased livestock indemnity fund created in section 35-50-114 (3).

Legislative History

Source: L. 2005: Entire article R&RE, p. 459, � 1, effective December 1.