Colorado § 35-42-112 - Enforcement - cease-and-desist orders.

§ 35-42-112. Enforcement - cease-and-desist orders.

(1) The commissioner or the commissioner's designee shall enforce the provisions of this article 42.

(2) (a) Whenever the commissioner has reasonable cause to believe a violation of a provision of this article 42 or a rule adopted pursuant to this article 42 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 42 or a rule adopted pursuant to this article 42. Such cease-and-desist order must:

(I) Set forth the provisions alleged to have been violated and the facts alleged to have constituted the violation; and

(II) Require that all actions causing the violation be ceased.

(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 for injunctive relief to prevent any further or continued violation of this article.

(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.

(3) 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 42 or of a rule adopted pursuant to this article 42, 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 42 or a rule adopted pursuant to this article 42. 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.

Source: L. 90: Entire article R&RE, p. 1610, § 1, effective July 1. L. 2025: (1), (2)(a), and (3) amended, (HB 25-1084), ch. 24, p. 125, § 109, effective August 6.

Editor's note: This section is similar to former § 35-42-106 as it existed prior to 1990.

ANNOTATION

Ample evidence of defendants' mistreatment and neglect of cattle supported trial court's decision to permanently enjoin defendants from owning, managing, controlling, or otherwise possessing livestock. The permanent injunction was not overly broad in light of the undisputed facts. Nor did the injunction violate defendants' due process rights under the state constitution and the United States constitution because the injunction served the legitimate public interest of protecting livestock from mistreatment and neglect. Stulp v. Schuman, 2012 COA 144, 410 P.3d 451.