Colorado § 35-36-104 - Cease-and-desist order - restraining order.
Full text of Colorado Colorado Revised Statutes § 35-36-104 — Cease-and-desist order - restraining order., with citation guidance and answers to common questions.
§ 35-36-104. Cease-and-desist order - restraining order.
(1) If the commissioner determines that there exists a violation of this article 36 or of any rule promulgated under the authority of this article 36, the commissioner may issue a cease-and-desist order, which may require a person to cease functioning as a commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent except for those functions necessary to prevent spoilage of products stored in the person's public warehouse or a dealer's warehouse or for the continued commercial feeding of livestock. The order must set forth the provision alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all functions, except those necessary to prevent spoilage or for the continued commercial feeding of livestock, cease immediately. At any time after the date of the service of the order to cease and desist, the person may request a hearing on the question of whether the violation has occurred. The hearing shall be concluded in not more than ten days after the request and shall be conducted pursuant to article 4 of title 24.
(2) If a person fails to comply with a cease-and-desist order within twenty-four hours after service, 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 36 or any rule or order pursuant to this article 36. In the action, the commissioner is not required to plead or prove irreparable injury or the inadequacy of a remedy at law. The court shall not require the commissioner to post a bond.
(3) A stay of a cease-and-desist order shall not be issued before a hearing on the order involving both parties.
(4) Matters brought before a court pursuant to this section have preference over other matters on the court's calendar.
Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 722, § 2, effective June 29.
Editor's note: This section is similar to former §§ 35-36-120 and 35-37-109 as they existed prior to 2020.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 35-36-104
What does Colorado Revised Statutes § 35-36-104 cover?
Section 35-36-104 ("Cease-and-desist order - restraining order.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 35-36-104?
A common citation format is "Colorado Revised Statutes § 35-36-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 35-36-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.