§ 35-25-103 — Enforcement

Colorado § 35-25-103

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Bee Act

Text

(1) The commissioner or the commissioner's
authorized agents are authorized and directed to enforce the provisions of this
article 25.

(2) (a) If it appears to the commissioner after examination of the facts that a
violation of this article 25 has occurred, the commissioner may refer the facts to the
district attorney for the county in which the violation occurred.

(b) Nothing in this article shall be construed as requiring the commissioner to
report for prosecution minor violations of this article or rules and regulations when
the commissioner believes that the public interest will best be served by a suitable
notice of warning in writing.

(3) Each district attorney to whom any such violation is reported shall cause
appropriate proceedings to be instituted in any competent court without delay.

(4) The commissioner may, by publication in such manner as the
commissioner may prescribe, give notice of all judgments entered in actions
instituted under the authority of this article 25.

(5) (a) Any person who violates any provision of this article or any regulation
made pursuant to this article is subject to a civil penalty, as determined by the
commissioner. The maximum penalty shall not exceed one thousand dollars per
violation.

(b) No civil penalty may be imposed unless the person being charged has
been given notice and opportunity for a hearing pursuant to article 4 of title 24,
C.R.S.

(c) If the commissioner is unable to collect such civil penalty or if any person
fails to pay all or a set portion of the civil penalty as determined by the
commissioner, the commissioner may recover such amount plus costs and attorney
fees by action in any court of competent jurisdiction.

(d) Whenever the commissioner is found to have lacked substantial
justification to impose a civil penalty, the person charged may recover the person's
costs and attorney fees from the department of agriculture.

(e) Moneys collected from any civil penalties under the provisions of this
section shall be paid to the state treasurer, who shall credit the same to the bee
inspection fund.

(f) Before imposing any civil penalty, the commissioner may consider the
effect of such penalty on the ability of the person charged to stay in business.

(6) The commissioner may administer oaths and take statements; issue
subpoenas requiring the attendance of witnesses before the commissioner and the
production of all books, memoranda, papers, and other documents, articles, or
instruments; and compel the disclosure by such witnesses of all facts known to
them relative to the matters under investigation. Upon the failure or refusal of a
witness to obey a 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 is punishable as a contempt of court.

Legislative History

Source: L. 73: p. 204, � 1. C.R.S. 1963: � 7-7-3. L. 90: (2) amended and (5) and (6) added, p. 1593, � 3, effective April 3. L. 2025: (1), (2)(a), (4), (5)(d), and (6) amended, (HB 25-1084), ch. 24, p. 113, � 72, effective August 6.