Colorado § 35-80-111 Enforcement - cease-and-desist orders - hearings

Colorado Statutes

§ 35-80-111 — Enforcement - cease-and-desist orders - hearings

Colorado·Title 35 Agriculture·Art. Pet Animal Care and Facilities Act

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

(2)(a) Whenever the commissioner has reasonable cause to believe a violation of a provision of this article 80 or a rule adopted pursuant to this article 80 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 80 or a rule adopted pursuant to this article 80. The cease-and-desist order must set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at the person's di

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

(2) (a) Whenever the commissioner has reasonable cause to believe a
violation of a provision of this article 80 or a rule adopted pursuant to this article 80
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 80 or a rule adopted pursuant to this article 80. The cease-and-desist order must set forth the provisions alleged to have been violated, the
facts alleged to have constituted the violation, and the requirement that all actions
cease forthwith. At any time after service of the order to cease and desist, the
person may request, at the person's discretion, a prompt hearing to determine
whether the violation occurred. The hearing shall be conducted pursuant to article
4 of title 24 and shall be conducted promptly.

(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.

(3) Whenever the commissioner possesses sufficient evidence satisfactorily
indicating that any person has engaged in or is about to engage in any act or
practice constituting a violation of any provision of this article or 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 issued
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.

Colorado § 35-80-111 (Enforcement - cease-and-desist orders - hearings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 94: Entire article added, p. 1307, � 8, effective July 1. L. 2025: (2)(a) amended, (HB 25-1084), ch. 24, p. 148, � 186, effective August 6.