§ 35-27-115 — Inspections - access - investigations - subpoena

Colorado § 35-27-115

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

Text

(1) The
commissioner, upon the commissioner's own motion or upon the complaint of any
person, may make an investigation necessary to determine compliance with this
article or to investigate a complaint for arbitration.

(2) (a) For inspection purposes pursuant to subsection (1) of this section, the
commissioner shall have free and unimpeded access during regular business hours,
either upon consent of the owner or upon obtaining an administrative search
warrant, to:

(I) Enter any building, yard, warehouse, or storage facilities in which seed or
any other related material is kept, used, stored, handled, conditioned, disposed of,
or transported; and

(II) Inspect any records required to be kept pursuant to this article.

(b) The commissioner is authorized to make copies of any record inspected
pursuant to subparagraph (II) of paragraph (a) of this subsection (2).

(3) (a) The commissioner has full authority to administer oaths, take
statements, issue subpoenas to compel the appearance of witnesses before the
commissioner, issue subpoenas duces tecum for the production of any books,
memoranda, papers, or other documents, articles, or instruments, and compel
disclosure by witnesses of all facts known to such witnesses relative to any matter
under investigation.

(b) Upon failure or refusal of any person to obey any subpoena issued
pursuant to paragraph (a) of this subsection (3), the commissioner may petition the
district court to enter an order compelling such person to comply with the
subpoena.

(c) Failure to obey an order of the court entered pursuant to paragraph (b) of
this subsection (3) is contempt of court.

(4) Complaints of record made to the commissioner and the results of the
commissioner's investigations shall be closed to public inspection, except to the
person in interest as defined in section 24-72-202 (4), C.R.S., or pursuant to court
order, during the investigatory period and until dismissed or notice of hearing and
charges are served.

Legislative History

Source: L. 93: Entire article R&RE, p. 1013, � 1, effective July 1. L. 2007: (1) amended, p. 643, � 5, effective April 26.