(1) No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(g), and (5).
(2) Any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(e), (1)(g), (1)(i), (1)(j), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), or (4)(a) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(3) Any person who violates any of the provisions of section 35-10-117 (1)(f), (2)(f), (2)(g), (4)(b), and (5) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 90: Entire article R&RE, p. 1589, � 1, effective May 31. L. 2002: (2) and (3) amended, p. 1547, � 306, effective October 1. L. 2006: (2) amended, p. 1266, � 15, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3277, � 619, effective March 1, 2022.
Editor's note: This section is similar to former � 35-10-120 as it existed prior to 1990.
Cross references: For the legislative declaration contained in the 2002 act amending subsections (2) and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
35-10-124. Information - use and handling of pesticides - enforcement action - credentialing information - definition. (1) The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to the use and handling of pesticides and conduct workshops for the purpose of informing the pesticide applicators of new developments in the field of pesticides.
(2) The commissioner shall provide internet access to finalized enforcement action information to the general public consisting of, at a minimum, the name of the violator, date of the action, city or county in which the violation occurred, nearest major intersection of roads to where the violation occurred, and final enforcement disposition. The commissioner shall publish the information in a form and manner designated by the commissioner within thirty days after the final disposition.
(3) (a) The commissioner shall:
(I) Publish and periodically update information on the department's website informing consumers about which pesticide applicators are credentialed in compliance with this article 10; and
(II) Provide the credentialing information specified in subsection (3)(a)(I) of this section in a manner that members of the public may easily access and search on the website.
(b) As used in this subsection (3), credentialed means having a valid license or registration issued pursuant to this article 10.
Source: L. 90: Entire article R&RE, p. 1589, � 1, effective May 31. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 695, � 7, effective May 19. L. 2023: (3) added, (SB 23-192), ch. 350, p. 2100, � 7, effective August 7.
Editor's note: This section is similar to former � 35-10-116 as it existed prior to 1990.