(1) In addition to any other penalty otherwise provided by law, including section 26-6-919, a person who violates any provision of this part 9 or intentionally makes a false statement or report to the department or to any agency delegated by the department to make an investigation or inspection pursuant to the provisions of this part 9 may be assessed a civil penalty up to a maximum of ten thousand dollars, as follows: (a) Two hundred and fifty dollars a day for the first day; (b) Five hundred dollars a day for the second day; and (c) One thousand dollars a day for the third and subsequent days. (2) Each day in which a person is in violation of any provision of this part 9 may constitute a separate offense. (3) The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24; except that all hearings conducted pursuant to this section must be before an administrative law judge of the department, who shall render a recommendation to the executive director of the department, who shall render the final decision of the department. (4) (a) The department shall transmit fines collected pursuant to this section, section 26- 6-914 (2) and (8), and section 26-6-915 (1)(c) to the state treasurer, who shall credit the same to the child welfare cash fund, created in subsection (4)(b) of this section. (b) The balance as of July 1, 2022, in the child care cash fund, created pursuant to section 26-6-114 (5), as it existed prior to July 1, 2022, that is attributable to fines and civil penalties collected by the division in the department that is responsible for child welfare is hereby transferred to the child welfare cash fund, which fund is hereby created in the state treasury. The treasurer shall credit all interest derived from the deposit and investment of money in the child welfare cash fund to the fund. At the end of a fiscal year, all unexpended and unencumbered money in the child welfare cash fund remains in the fund and is not credited or transferred to the general fund or any other fund. Money in the child welfare cash fund is continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado.
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