§ 35-10-120 — Enforcement - cease-and-desist orders

(1) The commissioner or
the commissioner's designee shall enforce this article 10.

(2) Whenever the commissioner has reasonable cause to believe a violation
of any provision of this article or any rule made pursuant to this article has occurred
and immediate enforcement is deemed necessary, the commissioner may issue a
cease-and-desist order, which may require any person to cease violating any
provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts
alleged to have constituted the violation, and the requirement that all actions cease
forthwith. At any time after service of the order to cease and desist, the person may
request, at the person's discretion, a hearing to be held within a reasonable period
of time to determine whether or not such violation has occurred. Such hearing shall
be conducted pursuant to the provisions of article 4 of title 24, C.R.S., and shall be
determined promptly.

(3) Whenever the commissioner possesses sufficient evidence satisfactory
to the commissioner indicating that a person has engaged in or is about to engage
in an act or practice constituting a violation of a provision of this article 10 or of a
rule adopted under this article 10, the commissioner may apply to a court of
competent jurisdiction to temporarily or permanently restrain or enjoin the act or
practice in question and to enforce compliance with this article 10 or any rule or
order adopted under this article 10. In any such action, the commissioner is not
required to plead or prove irreparable injury or the inadequacy of the remedy at law.
Under no circumstances shall the court require the commissioner to post a bond.

Legislative History

Source: L. 90: Entire article R&RE, p. 1587, � 1, effective May 31. L. 96: (2) amended, p. 1378, � 7, effective July 1. L. 2025: (1) and (3) amended, (HB 25-1084), ch. 24, p. 106, � 49, effective August 6.