Colorado Title 26.5. Early Childhood Programs and Services § 26.5-5-323. Civil penalties--fines--child care cash fund--created

(1) In addition to any other penalty otherwise provided by law, including section 26.5-5-321, any person violating any provision of this part 3 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 3 may be assessed a civil penalty up to a maximum of ten thousand dollars as follows:

(2) Each day in which a person is in violation of any provision of this part 3 may constitute a separate offense.

(3) The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24; except that all hearings conducted pursuant to this section must be before an administrative law judge, who shall issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department.

(4) The department shall transmit the fines collected pursuant to this section, section 26.5-5-317(2) and (7), and section 26.5-5-318(1)(c) to the state treasurer, who shall credit the same to the child care cash fund, which fund is hereby created in the state treasury. The state treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not be credited or transferred to the general fund or any other fund. Money in the child care cash fund is continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado.