Colorado § 40-20-308 Violations - penalties - rules

Colorado Statutes

§ 40-20-308 — Violations - penalties - rules

Colorado § 40-20-308

Title 40Utilities

Art.Organization and Government

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Bluebook

Colo. Rev. Stat. § 40-20-308 (2026).

Text

(1)If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violation constitutes a separate violation.

(2)Notwithstanding subsection (1) of this section, the public utilities commission may impose a fine of up to one hundred thousand dollars per violation if the commission finds:

(a)The railroad intentionally or knowingly violated section 40-20-303; or

(b)The railroad's violation was part of a pattern and practice of repeated violations of section 40-20-303.

(3)The public utilities commission shall transfer all fines collected pursuant to subsections (1) and (2)

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(1) If a railroad or any officer,
agent, or employee of the railroad violates section 40-20-303, the public utilities
commission may impose a fine of not less than ten thousand dollars but not more
than twenty-five thousand dollars on the railroad. Each day of a continuing violation
constitutes a separate violation.

(2) Notwithstanding subsection (1) of this section, the public utilities
commission may impose a fine of up to one hundred thousand dollars per violation if
the commission finds:

(a) The railroad intentionally or knowingly violated section 40-20-303; or

(b) The railroad's violation was part of a pattern and practice of repeated
violations of section 40-20-303.

(3) The public utilities commission shall transfer all fines collected pursuant
to subsections (1) and (2) of this section to the state treasurer, who shall credit the
fines to the state highway fund created in section 43-1-219.

(4) The public utilities commission shall promulgate rules for the
determination, imposition, and appeal of fines under this section.

Legislative History

Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 753, � 1, effective July 1. L. 2025: (3) amended, (SB 25-162), ch. 420, p. 2373, � 4, effective June 4.