§ 35-50-109.5 — Investigations - access - administrative subpoena

Colorado § 35-50-109.5

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

Text

(1) The
commissioner may investigate as necessary to ensure compliance with this article
50.

(2) (a) At any reasonable time during regular business hours, upon consent or
upon obtaining an administrative search warrant, the commissioner shall have
access to all buildings, yards, pens, pastures, and other areas in which any animals
are kept, handled, or transported for the purpose of carrying out this article 50 or
any rule promulgated pursuant to this article 50.

(b) (I) The commissioner is authorized to:

(A) Administer oaths and take statements;

(B) Issue administrative subpoenas requiring the attendance of witnesses
and the production of all books, memoranda, papers, and other documents, articles,
or instruments; and

(C) Compel the disclosure by witnesses of all facts known to them that are
relevant to the matters under investigation.

(II) Upon the failure or refusal of any witness to obey any subpoena, the
commissioner may petition the district court to compel, and, upon a proper showing,
the court may enter an order compelling, the witness to appear and testify or to
produce documentary evidence. Failure to obey such an order of the court is
punishable as a contempt of court.

(3) Complaints of record made to the commissioner and the results of the
commissioner's investigations may, in the discretion of the commissioner, be closed
to public inspection during the investigatory period, except as provided by court
order.

Legislative History

Source: L. 2023: Entire section added, (HB 23-1264), ch. 222, p. 1150, � 3, effective May 18.