(1) Repealed. (2) In addition to the criminal penalty prescribed in section 35-33-406, any person who violates this article 33 or any rule promulgated under this article 33 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty shall not exceed seven hundred fifty dollars per violation; except that the penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule for the second or subsequent time. Each day the violation occurs constitutes a separate violation. (3) No civil penalty may be imposed by the commissioner unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S. (4) If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction. (5) Before imposing any civil penalty, the commissioner or a court of competent jurisdiction may consider the effect of such penalty on the business. (6) Any penalty collected under this section is credited to the general fund in accordance with section 24-75-201.
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