8 Colo. Code Regs. § 1505-9-6

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 8 CCR 1505-9-6 - Fines

6.1 Charitable organization

6.1.1 The fine for a charitable organization is $60 per overdue report, including an overdue update of estimated financial information.

6.1.2 The fine for a charitable organization that, after notification continues to solicit contributions before registering is $300.

6.1.3 In response to a Secretary of State inquiry, an exempt charitable organization must indicate that it is exempt from registration and cite the basis for its exemption.

6.1.4 An organization fined for soliciting while unregistered, must pay both the fine and the regular filing fee.

6.1.5 If a nonexempt charitable organization solicits contributions in Colorado before filing its initial registration or reinstating its registration, it must provide financial reports for the last three fiscal years or for the period of solicitation, whichever is shorter.

6.2 Paid solicitor

6.2.1 The fine for a paid solicitor is $200 per overdue renewal, solicitation notice, and campaign financial report.

6.2.2 The fine for a paid solicitor that, after notification, continues to solicit contributions before registering is $1,000.

6.3 Professional fundraising consultant

6.3.1 The fine for a professional fundraising consultant is $200 per overdue renewal.

6.3.2 The fine for a professional fundraising consultant that is required to register and, after notification, continues to provide consulting services before registering is $1,000.

6.4 Waiver of fine

6.4.1 A registrant may ask the Secretary of State to reduce or excuse an imposed fine by submitting a written request by letter, email, fax.

6.4.2 The Secretary must receive the request within thirty days of the mailing date of the fine notice.

6.4.3 The request must include:

(a) The name of the charitable organization, professional fundraising consultant, or paid solicitor;

(b) The request date;

(c) The due date of the delinquently filed registration document(s);

(d) The actual filing date of the delinquently filed registration document(s);

(e) Measures that the charitable organization, professional fundraising consultant, or paid solicitor instituted or plan to institute to avoid future delinquencies, if applicable;

(f) A detailed explanation of the reason, circumstance, or other justification such as:

(1) A bona fide emergency as defined in Rule 1.4;

(2) A timely filing was not possible due to website or emergency errors; or

(3) The organization was not required to register during the time period of fine assessment.

(g) The basis for claiming an exemption, if applicable; and

(h) Any other relevant information.

6.4.4 The Secretary of State may also consider the frequency of requests to excuse or reduce fines within a three-year period and any past CCSA violations.

6.4.5 If the Secretary of State does not receive payment by the 60th day following the date of the fine notice, the Secretary of State will forward the penalty to the State's Central Collection Agency.

8 CCR 1505-9-6

41 CR 20, October 25, 2018, effective 11/14/2018