§ 35-77-110 — Administrative penalties

Colorado § 35-77-110

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Produce Safety

Text

(1) (a) A farm that violates this article
77 or a rule adopted under this article 77 is subject to an administrative penalty, as
determined by the commissioner.

(b) To impose an administrative penalty, the commissioner must consider the
severity of the violation, the amount of harm caused by the violation, the presence
or absence of a pattern of similar violations by the farm, and the effect of the
proposed penalty on the ability of the farm to continue to conduct business.

(c) The commissioner shall not impose an administrative penalty that
exceeds two thousand five hundred dollars per violation.

(2) To impose an administrative penalty, the commissioner must give the
alleged violator notice and an opportunity for a hearing in accordance with article 4
of title 24.

(3) If a farm fails to pay any portion of an administrative penalty imposed in
accordance with this section, the commissioner may bring suit to recover the
penalty. In any action brought under this section, the commissioner may, if
successful, recover costs and reasonable attorney fees.

Legislative History

Source: L. 2019: Entire article added, (HB 19-1114), ch. 74, p. 274, � 2, effective August 2.