§ 35-40-115 — Enforcement - penalty

(1) to (3) Repealed.

(4) Whenever it appears to the commissioner, upon sufficient evidence
satisfactory to the commissioner, that a person has engaged in or is about to
engage in an act or practice constituting a violation of a provision of this part 1 or of
a rule or of an order adopted under this part 1, 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 40 or a rule or
order under this article 40. In any such action, the commissioner is not 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.

(5) (a) Any person who violates any provision of this part 1 or any regulation
made pursuant to this part 1 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 charged was 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 general
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. 89: Entire section added, p. 1398, � 7, effective July 1. L. 97: (1) to (3) repealed, p. 181, � 9, effective March 31. L. 2006: (5)(e) amended, p. 150, � 37, effective August 7. L. 2025: (4), (5)(d), and (6) amended, (HB 25-1084), ch. 24, p. 123, � 101, effective August 6.