Colorado § 10-4-1809 - Assessment of fees.
Full text of Colorado Colorado Revised Statutes § 10-4-1809 — Assessment of fees., with citation guidance and answers to common questions.
§ 10-4-1809. Assessment of fees.
(1) (a) The FAIR plan association may collect fees from member insurers to generate sufficient revenue to start up the association.
(b) A member insurer that pays a fee based on subsection (1)(a) of this section may recoup the amount directly from the member insurers' policyholders.
(c) A member insurer shall not increase premiums based on a fee assessed pursuant to subsection (1)(a) of this section.
(d) The fee described in subsection (1)(a) of this section is not a premium for any purpose, including the computation of the gross premium tax described in section 10-3-209, or a licensed producer's commission.
(2) (a) The FAIR plan association may collect fees from member insurers as needed for the association to meet its financial obligations, subject to approval by the commissioner.
(b) A member insurer assessed a fee pursuant to subsection (2)(a) of this section may recoup the fee directly from the member insurer's policyholders as a surcharge on the policyholders. The surcharge may be recouped over a reasonable amount of time.
(c) A member insurer shall not increase premiums based on a fee assessed pursuant to subsection (2)(a) of this section.
(d) The fee described in subsection (2)(a) of this section is not a premium for any purpose, including the computation of the gross premium tax described in section 10-3-209, or a licensed producer's commission.
(3) If the commissioner determines at any time that the FAIR plan association is or may become unable to meet its financial obligations, the commissioner shall direct the board to collect fees in accordance with subsection (2) of this section.
(4) The FAIR plan association may abate or defer, in whole or in part, a fee assessed to a member insurer if, in the opinion of the board, payment of the fee would endanger the solvency of the member insurer. In the event a fee assessed against a member insurer is abated or deferred, in whole or in part, the amount by which such fee is abated or deferred may be assessed against the other member insurers.
Source: L. 2023: Entire part added, (HB 23-1288), ch. 170, p. 836, § 1, effective August 7.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 10-4-1809
What does Colorado Revised Statutes § 10-4-1809 cover?
Section 10-4-1809 ("Assessment of fees.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 10-4-1809?
A common citation format is "Colorado Revised Statutes § 10-4-1809" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 10-4-1809 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.