§ 35-13-107 — Enforcement - investigation - access to locations and records

Colorado § 35-13-107

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Anhydrous Ammonia

Text

(1) The commissioner, pursuant to the provisions of the State Administrative
Procedure Act, article 4 of title 24, C.R.S., shall enforce the provisions of this
article and of rules promulgated pursuant to this article or section 35-1-107 (5).

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

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

(a) All buildings, yards, warehouses, storage facilities, tanks, tank trailers,
vehicles, and any other public or private property, premises, or carriers in which
anhydrous ammonia is kept, stored, handled, distributed, or transported; and

(b) All business records required to be kept that relate to the storage, use,
transportation, or distribution of anhydrous ammonia. The commissioner may make
copies of such records.

(4) (a) Whenever the commissioner has reasonable cause to believe a
violation of any provision of this article or any rule promulgated 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 promulgated 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 be ceased forthwith.

(b) In the event that any person fails to comply with a cease-and-desist order
within twenty-four hours, the commissioner may bring a suit for a temporary
restraining order and injunctive relief to prevent any further or continued violation
of such order.

(c) No stay of a cease-and-desist order shall be issued before a hearing on
the order involving both parties.

(d) Matters brought before a court pursuant to this section shall have
preference over other matters on the court's calendar.

(5) 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 such witnesses of all facts known to them relative to the matters under
investigation. Upon the failure or refusal of any witness to obey an administrative
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.

(6) Whenever the commissioner considers that a violation of any provision of
this article or rule promulgated pursuant to this article has occurred or will occur,
and that immediate and irreparable injury, loss, or damage will result if such
violation is not immediately restrained or enjoined, the commissioner may apply to
any court of competent jurisdiction to temporarily or permanently restrain or enjoin
the act or practice in question and to enforce compliance with this article or any
rule promulgated pursuant to this article. In any such action, the commissioner shall
not be 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. 67: p. 326, � 7. C.R.S. 1963: � 6-17-7. L. 2003: IP(1) and (1)(a) amended, p. 1727, � 8, effective May 14. L. 2008: Entire section amended, p. 634, � 3, effective August 5.