Section 26.5-5-323 - Civil penalties - fines - child care cash fund - created(1) In addition to any other penalty otherwise provided by law, including section 26.5-5-321, any person violating any provision of this part 3 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 3 may be assessed a civil penalty up to a maximum of ten thousand dollars as follows: (a) Two hundred fifty dollars a day for the first day;(b) Five hundred dollars a day for the second day; and(c) One thousand dollars a day for the third and subsequent days.(2) Each day in which a person is in violation of any provision of this part 3 may constitute a separate offense.(3) The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24; except that all hearings conducted pursuant to this section must be before an administrative law judge, who shall issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department.(4) The department shall transmit the fines collected pursuant to this section, section 26.5-5-317 (2) and (7), and section 26.5-5-318 (1)(c) to the state treasurer, who shall credit the same to the child care cash fund, which fund is hereby created in the state treasury. The state treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not be credited or transferred to the general fund or any other fund. Money in the child care cash fund is continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado.Renumbered from C.R.S. §26-6-114 and amended by 2022 Ch. 123, §3, eff. 7/1/2022.Amended by 2021 Ch. 244, §4, eff. 6/16/2021.L. 90: Entire section added, p. 1391, § 7, effective May 4. L. 96: (1) and (3) amended, p. 811, § 14, effective May 23; (4) amended, p. 264, § 12, effective July 1. L. 99: (5) added, p. 1204, § 9, effective June 2. L. 2021: (1) amended and (2) repealed, (SB 21-201), ch. 1317, p. 1317, § 4, effective June 16.This section is similar to former § 26-6-114 as it existed prior to 2022.
For the legislative declaration and report to the general assembly contained in the 1990 act enacting this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990.