Code of Colorado Regulations
700 - Department of Regulatory Agencies
744 - Division of Professions and Occupations - Board of Addiction Counselor Examiners
4 CCR 744-1 - BOARD OF ADDICTION COUNSELOR EXAMINERS RULES
Section 4 CCR 744-1.21 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. section 12-245-225(2))
Current through Register Vol. 47, No. 17, September 10, 2024
A. Fines; Non-Exclusive Sanction.
The Board, in its discretion, may impose a fine or fines in lieu of, or in addition to, any other disciplinary sanction. The term addiction counselor as contemplated under section 12-245-225(2), C.R.S., and this Rule, shall include any person who has been certified or licensed at any time under the Mental Health Practice Act to practice addiction counseling.
B. Fine for Each Violation.
Pursuant to section 12-245-225(2), C.R.S., provides authority for the Board to impose an administrative fine against an addiction counselor for a violation of an administrative requirement. The Board, in its discretion, may impose a separate fine for each violation and shall consider the nature and seriousness of the violation prior to imposing any fine.
C. Fines: Schedule of Fines.
The Board may so impose a fine or fines consistent with the following schedule:
In a disciplinary proceeding, in which fines are sought to be imposed, the Board in determining the number of violations for purposes of application of the above schedule, may count as a violation, each prior violation adjudicated against the addiction counselor in a prior disciplinary proceeding.
D. Payment of Fines.
A total fine amount of five $500.00 or less imposed by the Board must be paid in full, including the applicable surcharge, at the time the Final Agency Order is entered or a Stipulation is reached between the parties. A total fine amount greater than $500.00 imposed by the Board must be paid in full, including the applicable surcharge, in accordance with the time frame set forth in the Final Agency Order or Stipulation.
An addiction counselor who fails to pay a fine imposed under this Rule when due as defined above or pursuant to a Final Agency Order or Stipulation may be subject to further discipline, including suspension or revocation of his or her License to Practice. section 12-245-224(1)(b), C.R.S., provides that violation of an order of the Board is a prohibited activity.
E. Compliance with Law.
Payment of a fine does not exempt the addiction counselor from continuing compliance with the Mental Health Practice Act or any orders of the Board.