Colorado Revised Statutes Title 35. Agriculture § 35-26-109. Penalties

(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 Laws 1991, S.B.91-65, § 12.