Colorado § 35-26-114 - Enforcement - subpoenas - cease-and-desist orders - hearings - denial, revocation, or suspension of registration.

§ 35-26-114. Enforcement - subpoenas - cease-and-desist orders - hearings - denial, revocation, or suspension of registration.

(1) After an investigation, the commissioner may, through the attorney general, institute and prosecute the proper proceedings for the enforcement of any of the provisions of this article, or for the recovery of any money due the department, or any penalty provided for in this article, and shall defend in like manner all suits, actions, or proceedings brought against the commissioner or the department.

(2) The commissioner may deny, suspend, or revoke a registration if the applicant or holder thereof does not engage in the sale of nursery stock.

(3) (a) Whenever the commissioner has reasonable cause to believe a violation of a provision of this article 26 or a rule adopted pursuant to this article 26 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 26 or a rule adopted pursuant to this article 26. 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) 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.

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

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

(4) 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 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 a contempt of court.

(5) Whenever it appears to the commissioner, upon sufficient 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 26 or of a rule or of an order adopted under this article 26, 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 26 or a rule or order adopted under this article 26. 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.

(6) Complaints of record made to the commissioner and the results of the commissioner's investigations may, at 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 registrant.

(7) The commissioner may deny, revoke, or suspend a registration for any of the following:

(a) If the party has violated any provision of this article or any rules promulgated pursuant to this article;

(b) If the party has had a felony conviction related to the conduct regulated by this article;

(c) If there has been fraud or deception in the procurement or attempted procurement of a registration;

(d) If the party has failed to comply with a lawful order of the commissioner;

(e) If the party has knowingly misrepresented information on the party's application;

(f) If the party has had an equivalent registration or license revoked or suspended by any authority; and

(g) If the party has forged or otherwise falsified a certificate of inspection.

Source: L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: Entire section amended, p. 157, § 16, effective July 1. L. 2025: (3)(a), (4), (5), (6), IP(7), and (7)(e) amended, (HB 25-1084), ch. 24, p. 115, § 81, effective August 6.