Colorado § 12-145-110 - Penalties - distribution of fines.

§ 12-145-110. Penalties - distribution of fines.

(1) In addition to the disciplinary or other actions authorized under sections 12-20-404 and 12-145-109, the director may impose an administrative fine on any person who violates the provisions of this article 145 or the rules of the director promulgated under this article 145, upon a finding of a violation subject to article 4 of title 24, as follows:

(a) In the first administrative proceeding against any person, a fine of not less than one hundred dollars but not more than five hundred dollars per violation;

(b) In any subsequent administrative proceeding against any person for transactions occurring after a final agency action determining that a violation of this article 145 has occurred, a fine of not less than one thousand dollars but not more than two thousand dollars per violation;

(c) In an administrative proceeding against a person for a violation of section 12-145-105 (1), a fine of not less than one thousand dollars but not more than five thousand dollars per violation.

(2) A person who engages in activities as an outfitter shall maintain all applicable documents, records, and other items, for the current year and the preceding four years at the address listed on the registration, required to be maintained by this article 145 or by the rules of the director when requested to do so by the director or a peace officer. A registrant who refuses to permit the inspection of documents, records, or items commits a civil infraction.

(3) All fines collected pursuant to this article 145 shall be distributed as follows:

(a) Fifty percent divided by the court between any federal, state, or local law enforcement agency assisting with an investigation;

(b) Fifty percent to the general fund.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 973, § 1, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3155, § 145, effective March 1, 2022. L. 2025: (3)(b) amended, (SB 25-174), ch. 310, p. 1614, § 5, effective August 6.

Editor's note: This section is similar to former § 12-55.5-107 as it existed prior to 2019.

ANNOTATION

Provision for payments of costs does not violate equal protection guarantees in that it has a rational basis and is reasonably related to the state's legitimate governmental purpose of protecting the public safety. The statute discourages statutory violations and encourages settlement of meritorious claims against outfitters while also encouraging the agency to bring only meritorious claims and deterring alleged violators from raising frivolous claims or defenses. Sears v. Romer, 928 P.2d 745 (Colo. App. 1996) (decided under former law).