4 Colo. Code Regs. § 728-1.21
Current through Register Vol. 48, No. 1, January 10, 2025
Section 4 CCR 728-1.21 - FINING SCHEDULE FOR VIOLATIONS OF THE OPTOMETRIC PRACTICE ACT AND BOARD RULESThis Rule is promulgated pursuant to sections 12-20-204, 12-275-108(1)(b), and 12-275-122(1)(a)(III), C.R.S.
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 optometrist as contemplated under section 12-275-122(1)(a)(III), C.R.S., and this Rule shall include any person who has been licensed at any time under the Optometric Practice Act to practice optometry.B.Fine for Each Violation. Section 12-275-122(1)(a)(III), C.R.S., provides authority for the Board to impose an administrative fine against an optometrist 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; however, nothing in this Schedule precludes the Board from considering the nature and seriousness of the violation prior to determining a fine amount: 1. For a Licensee's first violation, a fine of no more than one thousand dollars ($1,000.00).2. For a Licensee's second violation, a fine of no more than two thousand five hundred dollars ($2,500.00).3. For a Licensee's third and any additional or subsequent violations, a fine of no more than five thousand dollars ($5,000.00). In a Disciplinary Proceeding, in which fines are sought to be imposed, the Board in determining the number of violations for purposes of application of the above schedule may count as a violation, each prior violation adjudicated against the Licensee in a prior Disciplinary Proceeding.
D.Payment of Fines.1.Fine Amount; When Due. A total fine amount of five hundred dollars ($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 five hundred dollars ($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. An optometrist 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 12-275-120(1)(f), C.R.S., provides that violation of an Order of the Board is Unprofessional Conduct.E.Compliance with Law. Payment of a fine does not exempt the optometrist from continuing compliance with the Optometric Practice Act or any orders of the Board.37 CR 12, June 25, 2014, effective 7/15/201443 CR 12, June 25, 2020, effective 7/15/202043 CR 23, December 10, 2020, effective 12/30/202044 CR 12, June 25, 2021, effective 7/15/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 21, November 10, 2022, effective 10/5/202245 CR 22, November 25, 2022, effective 10/26/202245 CR 23, December 10, 2022, effective 11/11/202245 CR 24, December 25, 2022, effective 1/14/2023