§ 35-61-114 — Inspections - investigations - access - subpoenas

Colorado § 35-61-114

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Industrial Hemp Regulatory Program

Text

(1) The
commissioner, upon the commissioner's own motion or upon the complaint of any
person, may make any investigations necessary to ensure compliance with this
article 61.

(2) Complaints of record and the results of the investigations may, in the
discretion of the commissioner, be closed to public inspection, except to the person
in interest, as defined in section 24-72-202 (4).

(3) At any reasonable time during regular business hours, the commissioner
must be provided free and unimpeded access upon consent or upon obtaining an
administrative search warrant to:

(a) Those portions of all buildings, fields, and other areas in which any
industrial hemp lots are handled for the purpose of carrying out any provision of
this article 61 or any rule promulgated pursuant to this article 61; and

(b) All records required to be kept, and the commissioner may make copies
of such records for the purpose of carrying out any provision of this article 61 or any
rule promulgated pursuant to this article 61.

(4) (a) Whenever the commissioner has reasonable cause to believe a
violation of any provision of this article 61 or any rule made pursuant to this article
61 has occurred and immediate enforcement is deemed necessary, the
commissioner may issue a cease-and-desist order, which may require any person to
cease violating any provision of this article 61 or any rule made pursuant to this
article 61. The cease-and-desist order must set forth the provision alleged to have
been violated, the facts alleged to have constituted the violation, and the
requirement that the actions be ceased forthwith.

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

(5) The commissioner has full authority to administer oaths and take
statements; to issue administrative subpoenas requiring the attendance of
witnesses before the commissioner and for the production of all books, memoranda,
papers and other documents, articles, or instruments; and to compel the disclosure
by such witnesses of all facts known to them relative to the matters under
investigation. Upon the failure or refusal of any witness to obey an administrative
subpoena, the commissioner may petition the district court, and, upon a proper
showing, the court may enter an order compelling the witness to appear and testify
or produce documentary evidence. Failure to obey such an order of the court is
punishable as contempt of court.

Legislative History

Source: L. 2020: Entire section added, (SB 20-197), ch. 194, p. 908, � 10, effective September 14. L. 2025: (1) amended, (HB 25-1084), ch. 24, p. 143, � 171, effective August 6.