Colorado § 35-28-119 Records - information - hearings

Colorado Statutes

§ 35-28-119 — Records - information - hearings

Colorado·Title 35 Agriculture·Art. Marketing Act of 1939

(1)The commissioner may require all processors or distributors subject to the provisions of any marketing order issued pursuant to this article 28 to maintain books and records reflecting their operations under the marketing order, to furnish to the commissioner or the commissioner's duly authorized or designated representatives such information as may be from time to time requested by them relating to operations under the marketing order, and to permit the inspection by the commissioner, or the commissioner's duly authorized or designated representatives, of portions of such books and records that relate to operations under the marketing order.

(2)Information obtained by any person under this article 28 is confidential and shall not be disclosed to any other person; except tha

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(1) The commissioner may
require all processors or distributors subject to the provisions of any marketing
order issued pursuant to this article 28 to maintain books and records reflecting
their operations under the marketing order, to furnish to the commissioner or the
commissioner's duly authorized or designated representatives such information as
may be from time to time requested by them relating to operations under the
marketing order, and to permit the inspection by the commissioner, or the
commissioner's duly authorized or designated representatives, of portions of such
books and records that relate to operations under the marketing order.

(2) Information obtained by any person under this article 28 is confidential
and shall not be disclosed to any other person; except that the information may be
disclosed to a person with a right to obtain the information or to an attorney
employed to give legal advice concerning the information or by court order.

(3) To carry out the purposes of this article, the commissioner may hold
hearings, take testimony, administer oaths, subpoena witnesses, and issue
subpoenas for the production of books, records, or documents of any kind. Upon
failure or refusal of any witness to obey any subpoena, the commissioner may
petition the district court, and upon proper showing, the court may enter an order
compelling the witness to appear and testify or produce documentary evidence.
Failure to obey the order of court shall be punishable as a contempt of court.

(4) A person shall not be excused from attending and testifying or from
producing documentary evidence before the commissioner in obedience to the
subpoena of the commissioner on the ground or for the reason that the testimony or
evidence, documentary or otherwise, required of the person may tend to incriminate
the person or subject the person to a penalty or forfeiture, but a natural person
shall not be prosecuted or subjected to a penalty or forfeiture for or on account of a
transaction, matter, or thing concerning which the natural person may be so
required to testify or produce evidence, documentary or otherwise, before the
commissioner in obedience to a subpoena issued by the commissioner; except that
a natural person so testifying is not exempt from prosecution and punishment for
perjury in the first degree committed in so testifying.

Colorado § 35-28-119 (Records - information - hearings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 39: p. 207, � 14. CSA: C. 106, � 59. CRS 53: � 7-3-19. C.R.S. 1963: � 7-3-19. L. 72: p. 554, � 1. L. 2025: (1), (2), and (4) amended, (HB 25-1084), ch. 24, p. 120, � 91, effective August 6.