C.R.S. Section 35-10-119
Inspections

  • investigations
  • access
  • subpoena

(1)

The commissioner shall provide for the inspection and analysis of pesticides being used and for the inspection of equipment, devices that require licensure for use, or apparatus used for the application of pesticides, and the commissioner may require proper repairs or other changes before further use.

(2)

The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article.

(3)

Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.

(4)

At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:

(a)

To any land, water, or structures thereon in which any devices that require licensure for use, pesticides, containers, rinsates, or other related materials are or have been kept, used, stored, handled, processed, disposed of, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;

(b)

To all records required to be kept and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.

(5)

The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any 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 shall be punishable as a contempt of court.

Source: Section 35-10-119 — Inspections - investigations - access - subpoena, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

35‑10‑101
Short title 35‑10‑102
Legislative declaration 35‑10‑103
Definitions 35‑10‑104
Scope of article 35‑10‑105
Commercial applicator - business license required 35‑10‑106
Commercial applicator - license requirements - application - fees 35‑10‑107
Commercial applicator business license - renewals 35‑10‑108
Commercial applicators - invoice notice 35‑10‑109
Limited commercial and public applicators - no business license required - training - rules 35‑10‑110
Registered limited commercial and registered public applicators - requirements for operation 35‑10‑111
Record-keeping requirements 35‑10‑112
Notification requirements - registry of pesticide-sensitive persons - preemption - rules 35‑10‑112.5
Statewide uniformity of pesticide control and regulation - exceptions 35‑10‑113
Qualified supervisor - license required 35‑10‑114
Certified operator - license required 35‑10‑114.5
Private applicator - license required 35‑10‑115
Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees 35‑10‑116
Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement 35‑10‑117
Unlawful acts 35‑10‑117.5
Unlawful acts for licensed private applicators 35‑10‑118
Powers and duties of the commissioner - rules 35‑10‑119
Inspections - investigations - access - subpoena 35‑10‑120
Enforcement 35‑10‑121
Disciplinary actions - denial of license 35‑10‑122
Civil penalties 35‑10‑123
Criminal penalties 35‑10‑124
Information - use and handling of pesticides - enforcement action - credentialing information - definition 35‑10‑125
Advisory committee 35‑10‑126
Transfer of money from fees and civil penalties 35‑10‑128
Repeal of article - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 35-10-119’s source at colorado​.gov