Colorado § 35-36-104 Cease-and-desist order - restraining order

Colorado Statutes

§ 35-36-104 — Cease-and-desist order - restraining order

Colorado·Title 35 Agriculture·Art. Commodities Handlers and Farm Products

(1)If the commissioner determines that there exists a violation of this article 36 or of any rule promulgated under the authority of this article 36, the commissioner may issue a cease-and-desist order, which may require a person to cease functioning as a commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent except for those functions necessary to prevent spoilage of products stored in the person's public warehouse or a dealer's warehouse or for the continued commercial feeding of livestock. The order must set forth the provision alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all functions, except those necessary to prevent spoilage or for the continued commercial feeding of livestoc

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(1) If the
commissioner determines that there exists a violation of this article 36 or of any
rule promulgated under the authority of this article 36, the commissioner may issue
a cease-and-desist order, which may require a person to cease functioning as a
commodity handler, small-volume commodity handler, dealer, small-volume dealer,
or agent except for those functions necessary to prevent spoilage of products
stored in the person's public warehouse or a dealer's warehouse or for the
continued commercial feeding of livestock. The order must set forth the provision
alleged to have been violated, the facts alleged to have constituted the violation,
and the requirement that all functions, except those necessary to prevent spoilage
or for the continued commercial feeding of livestock, cease immediately. At any
time after the date of the service of the order to cease and desist, the person may
request a hearing on the question of whether the violation has occurred. The
hearing shall be concluded in not more than ten days after the request and shall be
conducted pursuant to article 4 of title 24.

(2) If a person fails to comply with a cease-and-desist order within twenty-four hours after service, the commissioner may apply to a court of competent
jurisdiction to temporarily or permanently restrain or enjoin the act or practice in
question and to enforce compliance with this article 36 or any rule or order
pursuant to this article 36. In the action, the commissioner is not required to plead
or prove irreparable injury or the inadequacy of a remedy at law. The court shall not
require the commissioner to post a bond.

(3) A stay of a cease-and-desist order shall not be issued before a hearing on
the order involving both parties.

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

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