§ 35-41.5-112 — Enforcement

Colorado § 35-41.5-112

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

Text

(1) The board or its designee shall enforce the
provisions of this article.

(2) (a) If the board has reasonable cause to believe a violation of any
provision of this article or any rule adopted pursuant to this article has occurred
and immediate enforcement is deemed necessary, it may issue a cease-and-desist
order, which shall require a person to cease violating any provision of this article or
any rule promulgated pursuant to this article.

(b) A cease-and-desist order shall set forth the provisions alleged to have
been violated, the facts constituting the violation, and the requirement that all
violating actions immediately cease.

(c) (I) At any time after service of the order to cease and desist, the person
for whom such order was served may request, at such person's discretion, a prompt
hearing to determine whether or not such violation has occurred.

(II) A hearing held pursuant to this paragraph (c) shall be conducted in
conformance with the provisions of article 4 of title 24, C.R.S., and shall be
determined promptly.

(3) If the board possesses sufficient evidence to indicate that a person has
engaged in any act or practice constituting a violation of this article or of any rule
adopted under this article, the board may apply to any court of competent
jurisdiction to temporarily or permanently restrain or enjoin the act or practice in
question and to enforce compliance with this article or any rule or order under this
article. In any such action, the board shall not be required to plead or prove
irreparable injury or the inadequacy of the remedy at law. The court shall not
require the board to post a bond.

Legislative History

Source: L. 94: Entire article added, p. 1705, � 6, effective July 1.