§ 40-7-116 — Enforcement of civil penalties against carriers

(1) (a)
Investigative personnel of the commission, Colorado state patrol officers, and port
of entry officers as defined in section 42-8-102 (3), C.R.S., have the authority to
issue civil penalty assessments for the violations enumerated in sections 40-7-112
and 40-7-113. When a person is cited for the violation, the person operating the
motor vehicle involved shall be given notice of the violation in the form of a civil
penalty assessment notice.

(b) The notice shall be tendered by the enforcement official, either in person
or by certified mail, or by personal service by a person authorized to serve process
under rule 4(d) of the Colorado rules of civil procedure, and shall contain:

(I) The name and address of the person cited for the violation;

(II) A citation to the specific statute or rule alleged to have been violated;

(III) A brief description of the alleged violation, the date and approximate
location of the alleged violation, and the maximum penalty amounts prescribed for
the violation;

(IV) The date of the notice;

(V) A place for the person to execute a signed acknowledgment of receipt of
the civil penalty assessment notice;

(VI) A place for the person to execute a signed acknowledgment of liability
for the violation; and

(VII) Such other information as may be required by law to constitute notice of
a complaint to appear for hearing if the prescribed penalty is not paid within ten
days.

(c) A cited person shall execute the signed acknowledgment of receipt of
the civil penalty assessment notice. The acknowledgment of liability shall be
executed at the time the person cited pays the prescribed penalty. The person cited
shall pay the civil penalty specified for the violation involved at the office of the
commission, either in person or by depositing the payment postpaid in the United
States mail within ten days after the issuance of the citation.

(d) (I) If the person cited does not pay the prescribed penalty within ten days
after the issuance of the notice, the civil penalty assessment notice constitutes a
complaint to appear before the commission. The person cited shall contact the
commission on or before the time and date specified in the notice to set the
complaint for a hearing on the merits in accordance with section 40-6-109. If the
person cited fails to contact the commission on or before the time and date
specified, the commission shall set the complaint for hearing.

(II) At the hearing, the commission has the burden of demonstrating a
violation by a preponderance of the evidence.

(2) A civil penalty assessment notice shall not be considered defective so as
to provide cause for dismissal solely because of a defect in the content of such civil
penalty assessment notice. Any defect in the content of a civil penalty assessment
notice issued as described in subsection (1) of this section may be cured by a motion
to amend the same filed with the commission prior to hearing on the merits. No such
amendment shall be permitted if substantial rights of the person cited are
prejudiced.

Legislative History

Source: L. 89: Entire section added, p. 1542, � 1, effective April 12. L. 93: Entire section amended, p. 2070, � 29, effective July 1. L. 95: Entire section amended, p. 1210, � 25, effective May 31. L. 2006: Entire section amended, p. 1099, � 15, effective August 7. L. 2011: (1) amended, (HB 11-1198), ch. 127, p. 423, � 20, effective August 10. L. 2012: (1)(a) amended, (HB 12-1019), ch. 135, p. 465, � 6, effective July 1.