(1) (a) Any person who violates any provision of this article or any rule promulgated pursuant thereto may be subject to a civil penalty as determined by the commissioner. Such civil penalty is in addition to and not a substitution for other penalties or remedies set forth in this article. (b) Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such violation, and the presence or absence of a pattern of similar violations by the distributor. (c) The maximum civil penalty imposed by the commissioner shall not exceed seven hundred fifty dollars per day per violation. (2) Before the commissioner imposes any civil penalty, the person charged shall be provided with a notice of the violation and an opportunity for a hearing in accordance with article 4 of title 24, C.R.S. (3) If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction. (4) All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.
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