Colo. Rev. Stat. » Title 40
Colorado Revised Statutes

Colo. Rev. Stat. § 40-7-109 (2026)

Action to recover penalties - fines paid to general fund

✓ current as of July 2026
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Actions to recover penalties under this title may be brought in the name of the people of the state of Colorado in the district court in and for the county or city and county in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of resides. Such action shall be commenced and prosecuted to final judgment by the attorney general as directed by the commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise provided in this article. All fines and penalties recovered by the state in any such action, together with the costs thereof, shall be paid into the state treasury. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.

Source: L. 13: p. 506, § 65. C.L. § 2974. CSA: C. 137, § 65. CRS 53: § 115-7-9. C.R.S. 1963: § 115-7-9. L. 2008: Entire section amended, p. 1797, § 18, effective July 1.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2002–2025 · leading case: Archibold v. Pub. Utils. Comm'n, 58 P.3d 1031 (Colo. 2002).
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Archibold v. Pub. Utils. Comm'n, 58 P.3d 1031 (Colo. 2002). · cites it 2× “§ 40-7-109, 11 C.R.S. (2002) (emphasis added).”
City of Aspen v. Kinder Morgan, Inc., 143 P.3d 1076 (Colo. Ct. App. 2006). · cites it 2× “2005; (2) requesting the Attorney General to bring suit for civil penalties, § 40-7-109, C.R.S.2005; (3) referring the “case to the Attorney General for commencement of a lawsuit for relief against current or pending law violations through injunction or mandamus,” § 40-7-104(1),…”
Peo in Interest of LR (Colo. Ct. App. 2025). “§ 40-7-109 commissioners’ note (2024))) (first alteration in original).”
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