2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 18.5 - ILLEGAL DRUG LABORATORIES (§§ 25-18.5-101 — 25-18.5-110) › Section 25-18.5-107 - Enforcement

(1)
A person that violates any rule promulgated by the board under section
25-18.5-102
is subject to an administrative penalty not to exceed fifteen thousand dollars per day per violation until the violation is corrected.
(2)
(a)
Whenever the department has reason to believe that a person has violated any rule promulgated by the board under section
25-18.5-102
, the department shall notify the person, specifying the rule alleged to have been violated and the facts alleged to constitute the violation.
(b)
The department shall either:
(I)
Send the notice by certified or registered mail, return receipt requested, to the alleged violator's last-known address; or
(II)
Personally serve the notice upon the alleged violator or the alleged violator's agent.
(c)
The alleged violator has thirty days following receipt of the notice to submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective actions.
(d)
Within fifteen days after receiving notice of an alleged violation, the alleged violator may request an informal conference with department personnel to discuss the alleged violation. The department shall hold the informal conference within the thirty days allowed for a written response.
(e)
After consideration of any written response and informal conference, the department shall issue a letter, within thirty days after the date of the informal conference or written response, whichever is later, affirming or dismissing the violation. If the department affirms the violation, the department shall issue an administrative order within one hundred eighty days after the time for a written response has expired. The administrative order must include any remaining corrective actions that the violator shall take and any administrative penalty that the department determines is appropriate.
(f)
The department shall serve an administrative order under this article on the person subject to the order by personal service or by registered mail, return receipt requested, at the person's last-known address. An order may be prohibitory or mandatory in effect. The order is effective immediately upon issuance unless otherwise provided in the order.
(g)
In determining the amount of an administrative penalty, the department shall consider the following factors:
(I)
The seriousness of the violation;
(II)
Whether the violation was intentional, reckless, or negligent;
(III)
Any impact on, or threat to, the public health or environment as a result of the violation;
(IV)
The violator's degree of recalcitrance;
(V)
Whether the violator has had a prior violation and, if so, the nature and severity of the prior violation;
(VI)
The economic benefit the violator received as a result of the violation;
(VII)
Whether the violator voluntarily, timely, and completely disclosed the violation before the department discovered it;
(VIII)
Whether the violator fully and promptly cooperated with the department following disclosure or discovery of the violation; and
(IX)
Any other relevant aggravating or mitigating circumstances.
(3)
If the department determines that a person has been grossly noncompliant with the rules promulgated by the board under section
25-18.5-102
, the department may:
(a)
Suspend or revoke the person's certification for the assessment, decontamination, or sampling of illegal drug laboratories; or
(b)
Suspend or revoke the approval of a person to provide training for consultants or contractors performing assessment, decontamination, or sampling of illegal drug laboratories.
Added by 2013 Ch. 293,§ 1, eff. 8/7/2013.
L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, § 1, effective August 7.