C.R.S. Section 35-10-120
Enforcement

(1)

The commissioner or his designee shall enforce the provisions of this article.

(2)

Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at the person’s discretion, a hearing to be held within a reasonable period of time to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S., and shall be determined promptly.

(3)

Whenever the commissioner possesses sufficient evidence satisfactory to him indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be 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: Section 35-10-120 — Enforcement, 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

§ 35-10-120’s source at colorado​.gov