§ 35-12-115 — Investigations - access - subpoena

Colorado § 35-12-115

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Commercial Fertilizers and Soil Conditioners

Text

(1) The commissioner, upon
the commissioner's own motion or upon the complaint of any person, may make any
investigations necessary to ensure compliance with this article.

(2) (a) At any time during regular business hours, for the purpose of carrying
out any provision of this article or any rule made pursuant to this article, the
commissioner shall have free and unimpeded access upon consent or upon
obtaining an administrative search warrant:

(I) To all buildings, yards, warehouses, storage facilities, vehicles, and any
other public or private properties, premises, or carriers in which any commercial
fertilizer, soil conditioner, plant amendment, or compost is kept, stored, handled,
processed, distributed, or transported;

(II) To all business records related to the production or distribution of any
commercial fertilizer, soil conditioner, plant amendment, or compost, including but
not limited to any records required to be kept by this article or any rule
promulgated pursuant to this article. The commissioner may also make copies of
such records.

(b) The commissioner shall have full authority to administer oaths and take
statements; to issue administrative subpoenas requiring the attendance of
witnesses before the commissioner and the production of all books, memoranda,
papers, and other documents, articles, or instruments; and to compel the disclosure
by witnesses of all facts known to them relative to the matters under investigation.
Upon the failure or refusal of any witness to obey any subpoena, the commissioner
may petition the district court and, upon a proper showing, the court may enter an
order compelling the witness to appear and testify or produce documentary
evidence. Failure to obey such an order of the court shall be punishable as a
contempt of court.

(3) Complaints of record made to the commissioner and the results of the
investigations of the commissioner may, in the discretion of the commissioner, be
closed to public inspection, except as permitted by court order, during the
investigatory period and until dismissed or until notice of hearing and charges are
served. Any action taken by the commissioner shall be a public record as defined in
section 24-72-202, C.R.S.

Legislative History

Source: L. 71: R&RE, p. 141, � 1. C.R.S. 1963: � 6-13-15. L. 77: Entire section amended, p. 1592, � 14, effective July 1. L. 2008: Entire article amended, p. 1622, � 1, effective August 5.