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Section .12
CIVIL PENALTIES AND INJUNCTIONS

A. Violation of any provision of the Child Care Act or intentional false statements or reports made to the Department or to any agency lawfully delegated by the Department to make an investigation or inspection may result in fines assessed to a maximum of $10,000.

  1. A civil penalty will be assessed by the Department only in conformity with the provisions and procedures specified in Article 4 of Title 24, C.R.S. No civil penalty will be assessed without a hearing conducted pursuant to the Child Care Act and Article 4 of Title 24, C.R.S., before an Administrative Law Judge acting on behalf of the Department.

  2. Prior to receipt of a cease and desist order from the Department or from any agency delegated by the Department to make an investigation or inspection under the provision of the Child Care Act, any unlicensed child care facility may be fined up to $100 a day to a maximum of $1,000 for providing care for which a license is required.

  3. For providing child care for which a license is required after receipt of a cease and desist order, an unlicensed facility will be fined $100 a day to a maximum of $10,000.

  4. Assessment of any civil penalty under this section will not preclude the Department from initiating injunctive proceedings pursuant to section 26-6-111, C.R.S.

  5. A licensed child care facility may be fined up to $100 a day to a maximum of $10,000 for each violation of the Child Care Act.

  6. Assessment of any civil penalty does not preclude the Department from also taking action to deny, suspend, revoke, make probationary, or refuse to renew that license.

  7. Any person intentionally making a 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 the Child Care Act may be fined up to $100 a day to a maximum of $10,000.

  8. Civil penalties assessed by the Department must be made payable to the Colorado Department of Human Services.

B. In addition to civil penalties that may be assessed under 7.701.12 A, when an individual operates a facility after a license has been denied, suspended, revoked, or not renewed, or before an original license has been issued, injunctive proceedings may be initiated to enjoin the individual from operating a child care facility without a license.


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