Colorado § 35-9-121 Enforcement - cease-and-desist orders - hearings - penalty

Colorado Statutes

§ 35-9-121 — Enforcement - cease-and-desist orders - hearings - penalty

Colorado·Title 35 Agriculture·Art. Pesticide Act

(1)The commissioner or the commissioner's designee shall enforce this article 9.

(2)(a) Whenever the commissioner has reasonable cause to believe a violation of a provision of this article 9 or a rule adopted pursuant to this article 9 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 9 or a rule adopted pursuant to this article 9. 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 be ceased forthwith.

(b)(I) At any time after service of the order to cease and desist, the person may request, at the person's discretio

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(1)
The commissioner or the commissioner's designee shall enforce this article 9.

(2) (a) Whenever the commissioner has reasonable cause to believe a
violation of a provision of this article 9 or a rule adopted pursuant to this article 9
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 9 or a rule adopted pursuant to this article 9. 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
be ceased forthwith.

(b) (I) At any time after service of the order to cease and desist, the person
may request, at the person's discretion, an immediate hearing or a hearing not more
than ten days, excluding Saturdays, Sundays, and legal holidays, after such request
to determine whether a violation has occurred. Such hearing shall be conducted
pursuant to article 4 of title 24.

(II) The registrant shall pay a penalty fee of one hundred dollars, in addition
to any other assessed penalty, if the commissioner determines that the registrant
has violated this article or any rule promulgated under this article after a hearing is
held pursuant to subparagraph (I) of this paragraph (b).

(c) 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 injunctive relief to prevent any further or continued violation
of such order.

(d) No stay of a cease-and-desist order shall be issued before a hearing
thereon involving both parties.

(e) Matters brought before a court pursuant to this section shall have
preference over other matters on the court's calendar.

(3) Whenever the commissioner possesses evidence satisfactory to the
commissioner that a person has engaged in or is about to engage in an act or
practice constituting a violation of a provision of this article 9 or of a rule adopted
under this article 9, the commissioner 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 9 or a rule adopted under this
article 9. In any such action, the commissioner is not 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 § 35-9-121 (Enforcement - cease-and-desist orders - hearings - penalty) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 90: Entire article R&RE, p. 1571, � 1, effective June 7. L. 2005: (2)(b) amended, p. 1268, � 5, effective July 1. L. 2025: (1), (2)(a), (2)(b)(I), and (3) amended, (HB 25-1084), ch. 24, p. 101, � 39, effective August 6.