§ 35-41.5-110 — Inspections - investigations - access - subpoena

Colorado § 35-41.5-110

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Alternative Livestock Act

Text

(1) The
board, upon its own motion or upon the complaint of any person, may make any and
all investigations necessary to ensure compliance with this article.

(2) (a) Appropriate division of parks and wildlife personnel may accompany
the board on any inspection and may request an inspection of any licensed
alternative livestock farm.

(b) The board shall perform any such requested inspection within seventy-two hours after receipt of such request, excluding weekends and legal holidays.

(c) If the board is unable to perform any such requested inspection within
seventy-two hours after receipt of such request, excluding weekends and legal
holidays, the division of parks and wildlife shall be authorized to perform such
requested inspection.

(d) The actual cost for, plus mileage for, any inspection requested by the
division of parks and wildlife shall be paid for by the division of parks and wildlife.

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

(4) For purposes of carrying out the provisions of this article and rules
promulgated pursuant thereto, at any reasonable time during regular business
hours, the board shall have free and unimpeded access upon consent or upon
obtaining an administrative search warrant to:

(a) All buildings, yards, pens, pastures, and other areas in which any
alternative livestock is kept, handled, or transported; and

(b) All records required to be kept and to make copies of such records.

(5) (a) The board shall have full authority to administer oaths and take
statements, to issue subpoenas requiring the attendance of witnesses and the
production of 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.

(b) Upon failure or refusal of any witness to obey any subpoena, the board
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 shall be punishable as a
contempt of court.

(6) As part of any inspection for the licensing or renewal of an alternative
livestock farm, any change of ownership of any alternative livestock, and any
movement of alternative livestock, the board shall require:

(a) Proof that the alternative livestock farm has maintained the purity of the
alternative livestock herds by preventing the introduction of red deer or hybrid
nonnative species either by the importation of untested live animals, gametes,
eggs, sperm, or other genetic material into alternative livestock herds in Colorado;

(b) Proof that each alternative livestock animal originates from a legal
source; and

(c) Records to be kept and animals to be marked so as to identify individual
animals.

Legislative History

Source: L. 94: Entire article added, p. 1704, � 6, effective July 1.