Colorado § 35-28-119 - Records - information - hearings.

§ 35-28-119. Records - information - hearings.

(1) The commissioner may require all processors or distributors subject to the provisions of any marketing order issued pursuant to this article 28 to maintain books and records reflecting their operations under the marketing order, to furnish to the commissioner or the commissioner's duly authorized or designated representatives such information as may be from time to time requested by them relating to operations under the marketing order, and to permit the inspection by the commissioner, or the commissioner's duly authorized or designated representatives, of portions of such books and records that relate to operations under the marketing order.

(2) Information obtained by any person under this article 28 is confidential and shall not be disclosed to any other person; except that the information may be disclosed to a person with a right to obtain the information or to an attorney employed to give legal advice concerning the information or by court order.

(3) To carry out the purposes of this article, the commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. Upon failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of court shall be punishable as a contempt of court.

(4) A person shall not be excused from attending and testifying or from producing documentary evidence before the commissioner in obedience to the subpoena of the commissioner on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture, but a natural person shall not be prosecuted or subjected to a penalty or forfeiture for or on account of a transaction, matter, or thing concerning which the natural person may be so required to testify or produce evidence, documentary or otherwise, before the commissioner in obedience to a subpoena issued by the commissioner; except that a natural person so testifying is not exempt from prosecution and punishment for perjury in the first degree committed in so testifying.

Source: L. 39: p. 207, § 14. CSA: C. 106, § 59. CRS 53: § 7-3-19. C.R.S. 1963: § 7-3-19. L. 72: p. 554, § 1. L. 2025: (1), (2), and (4) amended, (HB 25-1084), ch. 24, p. 120, § 91, effective August 6.

Cross references: For perjury in the first degree, see § 18-8-502.

ANNOTATION

Procedure of this section takes precedence over rules of civil procedure. If the procedure and practice set forth in this section is in any particular inconsistent or in conflict with the rules of civil procedure, the statute — and not the rules — would govern. People ex rel. Orcutt v. District Court, 164 Colo. 385, 435 P.2d 374 (1967).

Subpoena may be quashed. A party may file a motion to quash a subpoena if they feel that the subpoena calls for information that is not reasonably related to the matter under inquiry by the administrative body, or is otherwise oppressive or unreasonable in its demands. People ex rel. Orcutt v. District Court, 164 Colo. 385, 435 P.2d 374 (1967).