4 Colo. Code Regs. § 726-1.20
Current through Register Vol. 47, No. 22, November 25, 2024
Section 4 CCR 726-1.20 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. section 12-245-225(2))A.Fines; Non-Exclusive Sanction. The Board, in its discretion, may impose a fine or fines in lieu of, or in addition to, any other disciplinary sanction. The term "social worker" as contemplated under section 12-245-225(2), C.R.S., and this Rule shall include any person who has been licensed at any applicable time under the Mental Health Practice Act to practice social work, including a "licensed social worker" under section 12-245-405(1), C.R.S., and a "licensed clinical social worker" under section 12-245-405(2), C.R.S. Accordingly, liability for administrative fines may extend to any such person 1. Holding a current license; or2. Holding or having the status of a revoked, suspended or expired license; at the time of the violation.B.Fine for Each Violation. Pursuant to section 12-245-225(2), C.R.S., provides authority for the Board to impose an administrative fine against a social worker for a violation of an administrative requirement. The Board, in its discretion, may impose a separate fine for each violation and shall consider the nature and seriousness of the violation prior to imposing any fine.C.Fines: Schedule of Fines. The Board may so impose a fine or fines consistent with the following Schedule:1. For a social worker's first violation, a fine of no more than $1,000.2. For a social worker's second violation, a fine of no more than $2,500.3. For a social worker's third and any additional or subsequent violations, a fine of no more than $5,000. In a disciplinary proceeding, in which fines are sought to be imposed, the Board in determining the number of violations for purposes of application of the above schedule, the Board may count as a violation, each prior violation adjudicated against the social worker.
D.Payment of Fines.1.Fine Amount; When Due. A total fine amount of five hundred dollars ($500) or less imposed by the Board must be paid in full, including the applicable surcharge, at the time the Final Agency Order is entered or a Stipulation is reached between the parties. A total fine amount greater than five hundred dollars ($500) imposed by the Board must be paid in full, including the applicable surcharge, in accordance with the time frame set forth in the Final Agency Order or Stipulation.2.Delinquent Payment Consequences. A social worker who fails to pay a fine imposed under this Rule when due as defined above or pursuant to a Final Agency Order or Stipulation may be subject to further discipline, including suspension or revocation of their license to practice. Section 12-245-224(1)(b), C.R.S., provides that violation of an order of the Board is a "Prohibited Activity."E.Compliance with Law. Payment of a fine does not exempt the social worker from continuing compliance with the Mental Health Practice Act or any Orders of the Board.39 CR 04, February 25, 2016, effective 3/16/201639 CR 24, December 25, 2016, effective 1/14/201743 CR 20, October 25, 2020, effective 11/14/202044 CR 08, April 25, 2021, effective 5/15/202144 CR 20, October 25, 2021, effective 11/14/202145 CR 20, October 25, 2022, effective 11/14/2022