§ 35-50-117 — Enforcement

Colorado § 35-50-117

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

Text

(1) The commission or its designee shall enforce
this article.

(2) Whenever the commission or its designee has reasonable cause to
believe a violation of any provision of this article or any rule promulgated pursuant
to this article has occurred and immediate enforcement is deemed necessary, the
commission or its designee may issue an order requiring a person to cease and
desist from such violation. Such cease-and-desist order shall set forth the
provisions alleged to have been violated, the facts alleged to have constituted the
violation, and the requirement that all actions cease immediately. At any time after
service of the order to cease and desist, the person may request a prompt hearing
to determine whether or not such violation has occurred. Such hearing shall be
conducted in accordance with article 4 of title 24, C.R.S., and shall be determined
promptly.

(3) Whenever the commission or its designee possesses satisfactory
evidence that any person has engaged or is about to engage in any act or practice
constituting a violation of any provision of this article or of any rule adopted under
this article, the commission or its designee 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 or any rule or order under this
article. In any such action, the commission or its designee shall not be required to
plead or prove irreparable injury or the inadequacy of the remedy at law. Under no
circumstances shall the court require the commission or its designee to post a
bond.

Legislative History

Source: L. 2005: Entire article R&RE, p. 459, � 1, effective December 1.