Section 35-21-107.5 - Civil penalties(1)(a) The commissioner may impose a civil penalty on any person who violates this part 1 or any rule adopted under this part 1. The penalty must not exceed seven hundred fifty dollars per day per violation.(b) Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.(2)(a) The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.(b) Upon a finding that the commissioner did not have probable cause to impose a civil penalty, the person charged may recover from the department such person's costs and attorney fees.(3) If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction.(4) The commissioner shall transmit civil penalties collected under this section to the state treasurer, who shall credit the money to the general fund.Amended by 2020 Ch. 217,§ 8, eff. 9/14/2020.Amended by 2020 Ch. 159,§ 7, eff. 6/29/2020.L. 95: Entire section added, p. 704, § 20, effective May 23. L. 2003: (4) amended, p. 1733, § 15, effective May 14. L. 2005: (4) amended, p. 1274, § 14, effective July 1. L. 2007: (4) amended, p. 1909, § 12, effective July 1. L. 2020: (4) amended, (HB 20-1211), ch. 713, p. 713, § 7, effective June 29; (1)(a) amended, (HB 20-1343), ch. 1078, p. 1078, § 8, effective September 14.Section 9 of chapter 159 (HB 20-1211), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after June 29, 2020.