§ 35-51-104 — Enforcement

Colorado § 35-51-104

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Animal Biological Products

Text

(1) The commissioner shall enforce the provisions
of this article.

(2) Whenever the commissioner has reasonable cause to believe a violation
of any provision of this article or any rule made pursuant to this article has occurred
and immediate enforcement is deemed necessary, the commissioner may issue an
order requiring any 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 pursuant to the provisions of article 4 of
title 24, C.R.S., and shall be determined promptly.

(3) Whenever the commissioner possesses evidence satisfactory to the
commissioner 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 commissioner 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 commissioner 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 commissioner to post a bond.

Legislative History

Source: L. 95: Entire section added, p. 68, � 3, effective March 23.