§ 35-61-107 — Violations - penalties - denial of registration - application

Colorado § 35-61-107

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Industrial Hemp Regulatory Program

Text

(1)
The commissioner may deny, revoke, or suspend a registration if the applicant or
registrant:

(a) Violates any provision of this article or rules adopted pursuant to this
article;

(b) Engages in fraud or deception in the procurement of or attempt to
procure a registration under this article or provides false information on a
registration application; or

(c) Fails to comply with any lawful order of the commissioner.

(2) The commissioner may impose a civil penalty, not to exceed two
thousand five hundred dollars per violation, on any person who violates this article
or any rule adopted under this article.

(3) The commissioner shall not impose a penalty against a person alleged to
have violated this article or a rule adopted under this article until the commissioner
has notified the person of the charge and has given the person an opportunity for a
hearing pursuant to article 4 of title 24, C.R.S.

(4) If the commissioner is unable to collect a civil penalty or if a person fails
to pay all or a portion of a civil penalty imposed pursuant to this section, the
commissioner may bring an action in a court of competent jurisdiction to recover
the civil penalty plus attorney fees and costs.

(5) Cannabis plants exceeding the acceptable hemp THC level must be
disposed of in accordance with rules established by the commissioner.

(6) Notwithstanding any other provision of this article 61, for up to three
years after the effective date of the suspension, revocation, or relinquishment of a
registration, the commissioner may deny an application for registration if:

(a) The applicant or any key participant is an individual who was previously
listed as participating in an entity pursuant to section 35-61-104 and that individual
or entity was subjected to discipline under this article 61; or

(b) The applicant or any key participant is an entity that lists an individual as
participating in the entity pursuant to section 35-61-104 and the individual was
previously listed as a participating person or key participant in an entity that was
subjected to discipline under this article 61.

(7) If a person's registration, including any key participant to the registration,
is suspended, revoked, or voluntarily relinquished for a violation of this section, the
commissioner may deny a new application for registration for that person for up to
three years after the effective date of the suspension, revocation, or
relinquishment.

Legislative History

Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1996, � 1, effective May 28. L. 2014: (5) added, (SB 14-184), ch. 315, p. 1369, � 7, effective May 31. L. 2017: (6) and (7) added, (HB 17-1148), ch. 79, p. 251, � 3, effective March 23. L. 2020: (5) to (7) amended, (SB 20-197), ch. 194, p. 904, � 9, effective September 14.