CO Code § 12-145-110 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 145 - Outfitters and Guides|§ 12-145-110. Penalties - Distribution of Fines

  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:   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;    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;    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.       [ ] 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 is guilty of a misdemeanor and shall be punished by a fine of one hundred dollars.    All fines collected pursuant to this article 145 shall be distributed as follows:   Fifty percent divided by the court between any federal, state, or local law enforcement agency assisting with an investigation;    Fifty percent to the division for the cost of administering this article 145.       Editor's note: This version of subsection (2) is effective until March 1, 2022.  (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.  Editor's note: This version of subsection (2) is effective March 1, 2022.  History. 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.    Editor's note:    This section is similar to former § 12-55.5-107 as it existed prior to 2019.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.     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).