Colorado § 35-42-112 Enforcement - cease-and-desist orders

Colorado Statutes

§ 35-42-112 — Enforcement - cease-and-desist orders

Colorado·Title 35 Agriculture·Art. Animal Protection

(1)The commissioner or the commissioner's designee shall enforce the provisions of this article 42.

(2)(a) Whenever the commissioner has reasonable cause to believe a violation of a provision of this article 42 or a rule adopted pursuant to this article 42 has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require a person to cease violating a provision of this article 42 or a rule adopted pursuant to this article 42. Such cease-and-desist order must:

(I)Set forth the provisions alleged to have been violated and the facts alleged to have constituted the violation; and

(II)Require that all actions causing the violation be ceased.

(b)In the event that any person fails to comply with a cease-and-desist orde

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(1) The commissioner or
the commissioner's designee shall enforce the provisions of this article 42.

(2) (a) Whenever the commissioner has reasonable cause to believe a
violation of a provision of this article 42 or a rule adopted pursuant to this article 42
has occurred and immediate enforcement is deemed necessary, the commissioner
may issue a cease-and-desist order, which may require a person to cease violating a
provision of this article 42 or a rule adopted pursuant to this article 42. Such cease-and-desist order must:

(I) Set forth the provisions alleged to have been violated and the facts
alleged to have constituted the violation; and

(II) Require that all actions causing the violation be ceased.

(b) In the event that any person fails to comply with a cease-and-desist order
within twenty-four hours, the commissioner may bring a suit for a temporary
restraining order and for injunctive relief to prevent any further or continued
violation of this article.

(c) No stay of a cease-and-desist order shall be issued before a hearing
thereon involving both parties.

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

(3) 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 article 42
or of a rule adopted pursuant to this article 42, 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 42 or a rule
adopted pursuant to this article 42. 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.

Colorado § 35-42-112 (Enforcement - cease-and-desist orders) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 90: Entire article R&RE, p. 1610, � 1, effective July 1. L. 2025: (1), (2)(a), and (3) amended, (HB 25-1084), ch. 24, p. 125, � 109, effective August 6.