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Current as of January 01, 2022 | Updated by FindLaw Staff
(1) A person who violates this article 1.5 is subject to a fine of not more than five thousand dollars for an initial violation and not more than seventy-five thousand dollars for each subsequent violation within a twelve-month period.
(2) In the performance of its duties regarding any complaint, the safety commission is encouraged to consider training, support services, or other remediation measures that will improve the behavior of the party and further the goals of this article 1.5 to ensure the safety of all participants and Coloradans. The safety commission shall develop guidance for the recommendation of remedial actions that are consistent with the following principles:
(a) Guidance shall be developed to help the review committee in determining whether an alleged violation should be classified as a minor, moderate, or major violation;
(b) Alternatives to fines may be considered, especially for a party that the safety commission has not found to be responsible for a violation in the previous twelve months; and
(c) In considering the appropriate remedial action, the safety commission may consider the number of violations relative to the number of notifications received.
(3) The maximum fines for the three different classifications of violations are as follows:
Number of violations within the previous twelve months | |||||
One | Two | Three | Four | ||
Minor | $ 250 | $ 500 | $ 1,000 | $ 5,000 | |
Moderate | $1,000 | $ 2,500 | $ 5,000 | $25,000 | |
Major | $5,000 | $25,000 | $50,000 | $75,000 |
(4) The following are not subject to a fine otherwise authorized pursuant to this section:
(a) With regard to an excavation occurring on a ranch or farm, a rancher or a farmer, as defined in section 42-20-108.5, unless the excavation is for a nonagricultural purpose; and
(b) With regard to a failure to notify the notification association or the affected owner or operator and to damage to an underground facility during excavation, a homeowner, rancher, or farmer, as defined in section 42-20-108.5, working on the homeowner's, rancher's, or farmer's property.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 9. Safety Industrial and Commercial § 9-1.5-104.4. Penalties--guidance - last updated January 01, 2022 | https://codes.findlaw.com/co/title-9-safety-industrial-and-commercial/co-rev-st-sect-9-1-5-104-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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