4 CCR 737-1.20 - IMPOSITION OF ADMINISTRATIVE FINES (C.R.S. section 12-245-225(2))

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 "Licensee" as contemplated under section 12-245-225(2), C.R.S., and this Rule shall include any person who has been licensed at any time under the Mental Health Practice Act to practice Licensed Professional 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 a licensed professional 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:

1. For a Licensee's first violation, a fine of no more than $1,000.00.

2. For a Licensee's second violation, a fine of no more than $2,500.00.

3. For a Licensee's third and any additional or subsequent violations, a fine of no more than $5,000.00. In a disciplinary proceeding, in which fines are sought to be imposed, the Board in determining the number of a Licensee's violations for purposes of application of the above schedule, the Board may count as a violation, each prior violation adjudicated against the Licensee in a prior disciplinary proceeding.

D. Payment of Fines.

1. Fine Amount; When Due. A total fine amount of $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.

2. Delinquent Payment Consequences. A Licensee 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 Licensee from continuing compliance with the Mental Health Practice Act or any orders of the Board.

Notes

4 CCR 737-1.20

39 CR 04, February 25, 2016, effective 3/16/2016 43 CR 20, October 25, 2020, effective 11/14/2020 44 CR 07, April 10, 2021, effective 4/30/2021 44 CR 15, August 10, 2021, effective 8/30/2021 44 CR 19, October 10, 2021, effective 10/30/2021 45 CR 18, September 25,2022, effective 9/2/2022 45 CR 22, November 25, 2022, effective 12/15/2022