8 Colo. Code Regs. § 1302-15-4

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 8 CCR 1302-15-4 - PENALTIES

4.1 The Division will apply the following criteria when assessing a registration delinquency fee pursuant to section 38-12-1106(9), C.R.S., and Rule 4.2 of these rules, a penalty for failure to appropriately post, maintain, or provide copies of the required Home Owner Notice pursuant to section 38-12-1104(2)(d), C.R.S., and Rule 4.3 of these rules, a penalty for taking any "retaliatory action(s)" against a home owner pursuant to section 38-12-1105(13), C.R.S., and Rule 4.4 of these rules, or a penalty for failing to timely respond to a subpoena pursuant to section 38-12-1105(3)(c), C.R.S., and Rule 4.6 of these rules:

A. The severity of the violation;

B. The type of violation;

C. The duration of the violation;

D. Whether the person or entity committed repeated violations;

E. Whether the person or entity submitted complete, accurate, and truthful information to the Division; and

F. Any other mitigating or aggravating circumstances, including the impact on others, cooperation with the investigation process, and the sufficiency of the penalty to deter future violations.

4.2 The Division will scale any registration delinquency fees assessed under section 38-12-1106(9), C.R.S., as follows:

A. First offense, may be fined up to $3,000.

B. Second offense, may be fined up to $4,000.

C. Third or subsequent offense, may be fined up to $5,000.

4.3 The Division will scale any penalties assessed under section 38-12-1104(2)(d), C.R.S., for failing to appropriately post, maintain, or provide copies of the required Home Owner Notice described in section 38-12-1104(2)(a), C.R.S., in the time frame, manner, and locations provided in section 38-12-1104(2)(c), C.R.S., and Rule 5 of these rules, as follows:

A. First offense, may be fined up to $3,000.

B. Second offense, may be fined up to $4,000.

C. Third or subsequent offense, may be fined up to $5,000.

4.4 The Division will scale any penalties assessed under section 38-12-1105(13), C.R.S., for taking any "retaliatory action(s)" against a home owner, as defined in section 38-12-201.5(12), C.R.S., and further clarified in section 38-12-212.5, C.R.S., and Rule 3.4 of these rules, as follows:

A. First offense, may be fined up to $5,000.

B. Second offense, may be fined up to $7,500.

C. Third or subsequent offense, may be fined up to $10,000.

4.5 The Division will scale any penalties assessed under section 38-12-1105(5), C.R.S., for failing to comply with the requirements of a Notice of Violation as follows:

A. First offense, may be fined up to $3,000, per violation per day.

B. Second offense, may be fined up to $4,000, per violation per day.

C. Third or subsequent offense, may be fined up to $5,000, per violation per day.

4.6 The Division will scale any penalties assessed under section 38-12-1105(3)(c), C.R.S., for failing to timely respond to a subpoena as follows:

A. First offense, may be fined up to $3,000, per violation per day.

B. Second offense, may be fined up to $4,000, per violation per day.

C. Third or subsequent offense, may be fined up to $5,000, per violation per day.

4.7 If the current or former management or landlord violates section 38-12-223, C.R.S., or Rule 10.1 of these rules, related to preservation of and access to tenancy and park sale records, the Division may assess penalties of:

A. First offense, up of to $100 per violation.

B. Second offense, up to $250 per violation.

C. Third offense, up to $500 per violation.

8 CCR 1302-15-4

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 20, October 25, 2022, effective 10/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022

47 CR 14, July 25, 2024, effective 6/17/2024, exp. 10/15/2024 (Emergency)

47 CR 18, September 25, 2024, effective 10/15/2024