§ 35-60-113 — Civil penalties

(1) (a) Any person who violates any provision of
this article or any rule promulgated pursuant thereto may be subject to a civil
penalty as determined by the commissioner. Such civil penalty is in addition to and
not a substitution for other penalties or remedies set forth in this article.

(b) Before imposing any civil penalty, the commissioner shall consider the
severity of the violation, the amount of harm caused by such violation, and the
presence or absence of a pattern of similar violations by the distributor.

(c) The maximum civil penalty imposed by the commissioner shall not exceed
seven hundred fifty dollars per day per violation.

(2) Before the commissioner imposes any civil penalty, the person charged
shall be provided with a notice of the violation and an opportunity for a hearing in
accordance with article 4 of title 24, C.R.S.

(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, the commissioner may recover the
amount of the penalty, plus costs and attorney fees, by action in a court of
competent jurisdiction.

(4) All moneys collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit the same to the inspection and consumer services
cash fund created in section 35-1-106.5.

Legislative History

Source: L. 99: Entire article R&RE, p. 578, � 1, effective January 1, 2000. L. 2005: (4) amended, p. 1276, � 19, effective July 1.