9-1.5-104.4. Penalties – guidance.

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9-1.5-104.4. Penalties – guidance. (1) A person who violates this article 1.5 is subject to a fine of not more than five thousand dollars for an initial violation and not more than seventy-five thousand dollars for each subsequent violation within a twelve-month period.

(2) In the performance of its duties regarding any complaint, the safety commission is encouraged to consider training, support services, or other remediation measures that will improve the behavior of the party and further the goals of this article 1.5 to ensure the safety of all participants and Coloradans. The safety commission shall develop guidance for the recommendation of remedial actions that are consistent with the following principles:

(a) Guidance shall be developed to help the review committee in determining whether an alleged violation should be classified as a minor, moderate, or major violation;

(b) Alternatives to fines may be considered, especially for a party that the safety commission has not found to be responsible for a violation in the previous twelve months; and

(c) In considering the appropriate remedial action, the safety commission may consider the number of violations relative to the number of notifications received.

(3) The maximum fines for the three different classifications of violations are as follows:

 

Number of violations within the previous twelve months

 

 One Two Three Four
Minor $250$500$1,000$5,000
Moderate $1,000$2,500$5,000$25,000
Major $5,000$25,000$50,000$75,000

 

(4) The following are not subject to a fine otherwise authorized pursuant to this section:

(a) With regard to an excavation occurring on a ranch or farm, a rancher or a farmer, as defined in section 42-20-108.5, unless the excavation is for a nonagricultural purpose; and

(b) With regard to a failure to notify the notification association or the affected owner or operator and to damage to an underground facility during excavation, a homeowner, rancher, or farmer, as defined in section 42-20-108.5, working on the homeowner’s, rancher’s, or farmer’s property.

Source: L. 2018: Entire section added, (SB 18-167), ch. 256, p. 1568, § 3, effective August 8.

Editor’s note: Section 12 of chapter 256 (SB 18-167), Session Laws of Colorado 2018, provides that the act adding this section applies to conduct occurring on or after August 8, 2018

 

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