Colorado § 8-43-305 - Each day separate offense.
Full text of Colorado Colorado Revised Statutes § 8-43-305 — Each day separate offense., with citation guidance and answers to common questions.
§ 8-43-305. Each day separate offense.
Every day during which any employer or insurer, or officer or agent of either, or any employee, or any other person fails to comply with any lawful order of an administrative law judge, the director, or the panel or fails to perform any duty imposed by articles 40 to 47 of this title shall constitute a separate and distinct violation thereof. In any action brought to enforce the same or to enforce any penalty provided for in said articles, such violation shall be considered cumulative and may be joined in such action.
Source: L. 90: Entire article R&RE, p. 510, § 1, effective July 1. L. 94: Entire section amended, p. 1879, § 12, effective June 1.
Editor's note: This section is similar to former § 8-53-117 as it existed prior to 1990.
ANNOTATION
The purpose of this section is to address ongoing conduct. Crowell v. Indus. Claim Appeals Office, 2012 COA 30, 298 P.3d 1014.
The difference between a one-time violation and a continuing violation hinges on whether the violation is subject to being cured by subsequent action. Crowell v. Indus. Claim Appeals Office, 2012 COA 30, 298 P.3d 1014.
Attempting to collect a bill cannot be cured. Once the attempt is made, it cannot be cured. A continuing violation is one that can be cured by subsequent action. Therefore, attempting to collect a bill is not a continuing violation. Delta Mem'l Hosp. v. Indus. Claim Appeals Office, 2021 COA 84, 495 P.3d 984.
Where there is ongoing conduct, the continuation of the penalty is mandatory, as indicated by use of the word "shall" in the statute. Crowell v. Indus. Claim Appeals Office, 2012 COA 30, 298 P.3d 1014.
Employer's failure to obtain medical review, as required by the applicable procedural rules, was a continuing violation under this section. Crowell v. Indus. Claim Appeals Office, 2012 COA 30, 298 P.3d 1014.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 8-43-305
What does Colorado Revised Statutes § 8-43-305 cover?
Section 8-43-305 ("Each day separate offense.") 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 § 8-43-305?
A common citation format is "Colorado Revised Statutes § 8-43-305" (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 § 8-43-305 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.