§ 35-51-103 — Civil penalties

(1) Any person who violates any provision of this
article or of any rule adopted pursuant to this article is subject to a civil penalty as
determined by a court of competent jurisdiction or the commissioner. 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 commissioner 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 commissioner is unable to collect the 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.

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

(5) All penalties collected pursuant to this section shall be transmitted to
the general fund.

Legislative History

Source: L. 95: Entire section added, p. 66, � 3, effective March 23.