Colo. Rev. Stat. § 35-26-109
Penalties.
Effective Mar 1, 2022L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-9. L. 73: p. 197, § 3. L. 83: (2), (5), and (6), amended, p. 1363, § 6, effective July 1. L. 91: Entire section amended, p. 155, § 12, effective July 1. L. 2002: (1) amended, p. 1548, § 310, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3278, § 624, effective March 1, 2022.
- (1) Any person who intentionally violates any provision of this article 26 or the rules or regulations promulgated pursuant to this article 26 commits a petty offense and shall be punished as provided in section 18-1.3-503.
- (2) Any person who violates any provision of this article 26, or any rule or regulations made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.
- (3) No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
- (4) If the commissioner is unable to collect such civil penalty or if any person fails to pay all of the civil penalty or a set portion as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
- (5) Before imposing any civil penalty under this section, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
- (6) (Deleted by amendment, L. 91, p. 155, § 12, effective July 1, 1991.)
Source: L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-9. L. 73: p. 197, § 3. L. 83: (2), (5), and (6), amended, p. 1363, § 6, effective July 1. L. 91: Entire section amended, p. 155, § 12, effective July 1. L. 2002: (1) amended, p. 1548, § 310, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3278, § 624, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.