3 Colo. Code Regs. § 721-1.18
Current through Register Vol. 47, No. 22, November 25, 2024
Section 3 CCR 721-1.18 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. section 12-245-225(2))A.Fines; Non-Exclusive Sanction. The Board, in its discretion, may impose a fine or fines in lieu of, or in addition to, any other disciplinary sanction. The term psychologist as contemplated under section 12-245-225(2), C.R.S., and this Rule shall include any person who has been licensed at any time under the Mental Health Practice Act to practice psychology.B.Fine for Each Violation. Section 12-245-225(2), C.R.S., provides authority for the Board to impose an administrative fine against a psychologist for a violation of an administrative requirement. The Board, in its discretion, may impose a separate fine for each violation and shall consider the nature and seriousness of the violation prior to imposing any fine.C.Fines: Schedule of Fines. The Board may so impose a fine or fines consistent with the following schedule:1. For a psychologist's first violation, a fine of no more than $1,000.00.2. For a psychologist's second violation, a fine of no more than $2,500.00.3. For a psychologist's third and any additional violations, a fine of no more than $5,000.00. In determining the number of violations for purposes of application of the above schedule, the Board may count as a violation, each prior violation adjudicated against the psychologist.
D.Payment of Fines.1.Fine Amount; When Due. A total fine amount of $500.00 or less imposed by the Board must be paid in full, including the applicable surcharge, at the time the Final Agency Order is entered or a Stipulation is reached between the parties. A total fine amount greater than $500.00 imposed by the Board must be paid in full, including the applicable surcharge, in accordance with the time frame set forth in the Final Agency Order or Stipulation.2.Delinquent Payment Consequences. A psychologist who fails to pay a fine imposed under this Rule as defined above pursuant to a Final Agency Order or Stipulation may be subject to further discipline, including suspension or revocation of his or her license to practice. Section 12-245-224(1)(b), C.R.S., provides that violation of an Order of the Board is a Prohibited Activity.E.Compliance with Law. Payment of a fine does not exempt the psychologist from continuing compliance with the Mental Health Practice Act or any orders of the Board.39 CR 04, February 25, 2016, effective 3/16/201640 CR 13, July 10, 2017, effective 7/30/201743 CR 21, November 10, 2020, effective 11/30/202044 CR 09, May 10, 2021, effective 5/30/202144 CR 20, October 25, 2021, effective 11/14/202145 CR 17, September 10, 2022, effective 9/30/202245 CR 21, November 10, 2022, effective 11/30/2022