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Colorado Revised Statutes Title 35. Agriculture § 35-41.5-112. Enforcement

Current as of January 01, 2022 | Updated by FindLaw Staff

(1) The board or its designee shall enforce the provisions of this article.

(2)(a) If the board has reasonable cause to believe a violation of any provision of this article or any rule adopted pursuant to this article has occurred and immediate enforcement is deemed necessary, it may issue a cease-and-desist order, which shall require a person to cease violating any provision of this article or any rule promulgated pursuant to this article.

(b) A cease-and-desist order shall set forth the provisions alleged to have been violated, the facts constituting the violation, and the requirement that all violating actions immediately cease.

(c)(I) At any time after service of the order to cease and desist, the person for whom such order was served may request, at such person's discretion, a prompt hearing to determine whether or not such violation has occurred.

(II) A hearing held pursuant to this paragraph (c) shall be conducted in conformance with the provisions of article 4 of title 24, C.R.S., and shall be determined promptly.

(3) If the board possesses sufficient evidence to indicate that a person has engaged in any act or practice constituting a violation of this article or of any rule adopted under this article, the board 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 board shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. The court shall not require the board to post a bond.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 35. Agriculture § 35-41.5-112. Enforcement - last updated January 01, 2022 | https://codes.findlaw.com/co/title-35-agriculture/co-rev-st-sect-35-41-5-112/

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