§ 35-4-103 — Administration

Colorado § 35-4-103

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Pest Control

Text

(1) The commissioner shall administer this article.
A board of county commissioners shall concurrently administer this article and
shall have full authority for the proper enforcement thereof by county pest
inspectors employed by said board of county commissioners.

(2) (a) Whenever the commissioner has reasonable cause to believe a
violation of any provision of this article or any rule made, order issued, or quarantine
declared 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
made, order issued, or quarantine declared 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
cease immediately.

(b) At any time after service of the order to cease and desist, the person may
request a prompt hearing to determine whether or not such violation has occurred.
Such hearing shall be conducted promptly and shall be conducted pursuant to the
provisions of article 4 of title 24, C.R.S.

(3) Whenever the commissioner possesses sufficient evidence satisfactory
to the commissioner indicating that a person has engaged in or is about to engage
in any act or practice constituting a violation of any provision of this article or rule,
order, or quarantine, the commissioner may apply to any court of competent
jurisdiction for an order to temporarily or permanently restrain or enjoin the act or
practice in question and to enforce compliance with this article or any rule,
quarantine, or order under 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.

(4) The commissioner shall have full authority to administer oaths and take
statements, to issue subpoenas requiring the attendance of witnesses 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 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 the court
order shall be punishable as a contempt of court.

Legislative History

Source: L. 37: p. 644, � 5. CSA: C. 80, � 47. CRS 53: � 6-10-3. C.R.S. 1963: � 6-10-3. L. 78: Entire section amended, p. 456, � 2, effective April 27. L. 85: Entire section amended, p. 1130, � 2, effective May 16. L. 96: Entire section amended, p. 320, � 1, effective April 16. L. 97: (3) amended, p. 24, � 1, effective March 20. L. 2007: (2)(a) and (3) amended, p. 925, � 2, effective July 1.