(1) In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3) and (4) of this section, any person who violates article 10.1 or 10.5 of this title 40 or any rule promulgated by the commission pursuant to article 10.1 or 10.5, which article or rule is applicable to the person, may be subject to fines as specified in the following paragraphs:
(a) Any person who fails to carry the insurance required by law may be assessed a civil penalty of not more than eleven thousand dollars.
(b) Any person who violates section 40-10.1-201 (1), 40-10.1-202 (1)(a), 40-10.1-302 (1)(a), 40-10.1-401 (1)(a), 40-10.1-502 (1)(a), or 40-10.1-702 (1)(a) may be assessed a civil penalty of not more than one thousand one hundred dollars.
(c) and (d) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 421, � 18, effective August 10, 2011.)
(e) A person subject to section 40-10.1-111 who operates a motor vehicle without having paid the annual identification fee for any motor vehicle operated as required by section 40-10.1-111 may be assessed a civil penalty of not more than four hundred dollars.
(f) and (f.5) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 421, � 18, effective August 10, 2011.)
(g) A person who violates any provision of article 10.1 or 10.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), or (1)(e) of this section, any rule promulgated by the commission pursuant to this title 40, or any safety rule adopted by the department of public safety relating to motor carriers as defined in section 40-10.1-101 may be assessed a civil penalty of not more than one thousand one hundred dollars; except that any person who violates a safety rule promulgated by the commission is subject to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and associated appendices to part 386, as the subpart existed on January 1, 2017.
(h) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 421, � 18, effective August 10, 2011.)
(2) The commission shall set the amount of the civil penalties to be assessed pursuant to subsection (1) of this section in rules.
(3) If a person is assessed a civil penalty for a violation referenced in subsection (1) of this section occurring on a date within twenty-four months after a previous violation, the civil penalty assessed for the second violation may be up to two times the amount specified by rule for the violation.
(4) If a person violates subsection (1) of this section three times within twenty-four months, the person may be assessed a civil penalty up to three times the amount specified by rule for the third violation and for each subsequent violation.
(5) (a) A person who fails to pay in full all civil penalties assessed by commission order under this section, subject to article 4 of title 24, C.R.S., within thirty days after the due date established by the order may have his or her vehicle registration canceled by the department of revenue as specified in section 42-3-120 (4), C.R.S. Registration of a vehicle owned by the person for which the penalty was assessed may be denied until all penalties are paid or collected. Upon written notice from the commission, the department of revenue shall cancel the registration as specified in section 42-3-120 (4), C.R.S.
(b) This subsection (5) applies to all vehicles, regardless of when purchased, on or after August 10, 2011.
Source: L. 89: Entire section added, p. 1540, � 1, effective April 12. L. 93: (1) amended, p. 2069, � 27, effective July 1. L. 95: IP(1) and (1)(f) amended, p. 1209, � 24, effective May 31. L. 96: (1)(g) amended, p. 1549, � 8, effective July 1. L. 98: (1)(f) amended, p. 1058, � 6, effective July 1. L. 2001: (1)(g) amended, p. 1281, � 61, effective June 5. L. 2003: IP(1), (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), and (1)(g) amended, p. 1703, � 15, effective May 14; (1)(f.5) added and (1)(g) amended, p. 2380, � 4, effective August 6. L. 2004: IP(1) amended, p. 1211, � 98, effective August 4. L. 2006: IP(1), (1)(e), and (1)(g) amended and (1)(h) added, p. 1096, � 8, effective August 7. L. 2009: (5) added, (HB 09-1230), ch. 232, p. 1067, � 4, effective August 5. L. 2010: (1)(f) amended, (HB 10-1167), ch. 125, p. 415, � 2, effective April 15. L. 2011: Entire section amended, (HB 11-1198), ch. 127, p. 421, � 18, effective August 10. L. 2013: (5)(a) amended, (SB 13-189), ch. 365, p. 2126, � 2, effective June 5. L. 2017: IP(1), (1)(g), (3), and (4) amended, (SB 17-180), ch. 281, p. 1531, � 2, effective August 9. L. 2018: (1)(b) amended, (HB 18-1320), ch. 363, p. 2164, � 3, effective August 8.
Editor's note: Amendments to subsection (1)(g) by Senate Bill 03-225 and House Bill 03-1289 were harmonized.
40-7-113.5. Civil penalties applicable to public utilities - exclusion from rate base. (1) (a) In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3), (4), and (5) of this section, a public utility furnishing electric, gas, water, water and sewer, or telecommunications service that intentionally violates any provision of articles 1 to 7 or 15 of this title or of any rule or order of the commission pursuant to such articles, which provision is applicable to such utility, may be assessed a civil penalty of not more than two thousand dollars; except that nothing in this subsection (1) shall be construed to authorize the imposition of civil penalties upon:
(I) A cooperative electric association that has voted to exempt itself from regulation pursuant to section 40-9.5-103;
(II) A cooperative telephone association;
(III) A municipally owned utility; or
(IV) A nonprofit generation and transmission electric corporation or association.
(b) Civil penalties assessed pursuant to this section shall be paid and credited to the general fund, in addition to any other sanctions that may be imposed pursuant to law. The amount of any such penalties paid shall not be an allowable expense for rate-making purposes.
(2) (a) The commission shall adopt rules specifying the particular violations, and the amount of the civil penalties to be assessed for each violation, pursuant to subsection (1) of this section.
(b) No public utility shall be assessed a civil penalty if the utility is already subject to an existing reparation due to a commission order, commission rule, or statutory provision for the same violation.
(3) If any public utility receives a second civil penalty assessment for a violation of the same statute, rule, or order within one year after the first violation, the civil penalty assessed for the second violation shall be no greater than twice the amount specified by rule for such violation.
(4) If any public utility receives more than two civil penalty assessments for violation of the same statute, rule, or order within one year, the civil penalty assessed for each such subsequent violation shall be no greater than three times the amount specified by rule for such violation.
(5) Notwithstanding any provision of this section to the contrary, the total amount of civil penalties assessed against one public utility under this section shall not exceed the lesser of the following:
(a) One hundred fifty thousand dollars in any six-month period; or
(b) In any twelve-month period, one percent of the utility's gross annual revenues from services regulated by the commission, based on the most recent fiscal year for which final revenue figures are available.
Source: L. 2008: Entire section added, p. 1798, � 20, effective July 1.
40-7-114. Applicability of civil penalties to owners, employers, or other persons. (Repealed)
Source: L. 89: Entire section added, p. 1541, � 1, effective April 12. L. 93: (3) amended, p. 2070, � 28, effective July 1. L. 2011: Entire section repealed, (HB 11-1198), ch. 127, p. 416, � 3, effective August 10.