Colorado § 35-9-119 Investigations - access - subpoena

Colorado Statutes

§ 35-9-119 — Investigations - access - subpoena

Colorado·Title 35 Agriculture·Art. Pesticide Act

(1)The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article 9.

(2)(a) At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:

(I)To all buildings, yards, warehouses, and storage facilities in which any pesticides are kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;

(II)To all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pu

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(1) The commissioner, upon
the commissioner's own motion or upon the complaint of any person, may make any
and all investigations necessary to ensure compliance with this article 9.

(2) (a) At any reasonable time during regular business hours, the
commissioner shall have free and unimpeded access upon consent or upon
obtaining an administrative search warrant:

(I) To all buildings, yards, warehouses, and storage facilities in which any
pesticides are kept, stored, handled, processed, or transported for the purpose of
carrying out any provision of this article or any rule made pursuant to this article;

(II) To all records required to be kept at any reasonable time and may make
copies of such records for the purpose of carrying out any provision of this article or
any rule made pursuant to this article.

(b) The commissioner may administer oaths and take statements; issue
administrative subpoenas requiring the attendance of witnesses before the
commissioner and the production of all books, memoranda, papers, and other
documents, articles, or instruments; and compel the disclosure by such witnesses
of all facts known to them relative to the matters under investigation. Upon the
failure or refusal of a witness to obey a 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 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, except as provided by court order, during the investigatory
period and until dismissed or until notice of hearing and charges are served on a
licensee or registrant.

Colorado § 35-9-119 (Investigations - access - subpoena) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 90: Entire article R&RE, p. 1568, � 1, effective June 7. L. 2025: (1), (2)(b), and (3) amended, (HB 25-1084), ch. 24, p. 101, � 37, effective August 6.