C.R.S. Section 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: Section 35-36-104 — Cease-and-desist order - restraining order, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

35‑36‑101
Short title 35‑36‑102
Definitions 35‑36‑103
Commissioner - rules - delegation of powers and duties 35‑36‑104
Cease-and-desist order - restraining order 35‑36‑105
Civil penalties 35‑36‑106
Penalties 35‑36‑107
Appeal 35‑36‑109
Repeal of article 35‑36‑201
Licenses - commodity handler - rules 35‑36‑202
Exemptions 35‑36‑203
Commodity handler licenses - application requirements - fee 35‑36‑204
Licenses - requirements - rules 35‑36‑205
Disciplinary powers - licenses 35‑36‑206
Bailment of commodities 35‑36‑207
Credit sale contracts - rules 35‑36‑208
Commodity grades established - rules 35‑36‑209
Negotiable warehouse receipts - rules 35‑36‑210
Use of scale tickets and negotiable warehouse receipts 35‑36‑211
Commodity handler records - separate and distinct - time of maintenance - definition 35‑36‑212
Warehouse operator’s liability for disposal of tainted commodities 35‑36‑213
Enforcement - inspection of commodity handlers’ property - confidentiality 35‑36‑214
Procedure on shortage - refusal to submit to inspection 35‑36‑215
Inspection fees 35‑36‑216
Bonds or irrevocable letters of credit - exemptions 35‑36‑217
Unlawful acts - definition 35‑36‑301
Legislative declaration 35‑36‑302
Application for license - rules 35‑36‑303
License fee - renewal - rules 35‑36‑304
Bonds and irrevocable letters of credit - exemptions 35‑36‑305
Investigations, hearings, and examinations 35‑36‑306
Disciplinary powers - licenses 35‑36‑307
Credit sale contracts - rules 35‑36‑308
Records of dealers 35‑36‑309
Records of small-volume dealers 35‑36‑310
Daily reports and settlements 35‑36‑311
Pooled consignment 35‑36‑312
Enforcement 35‑36‑313
Unlawful acts - definition 35‑36‑314
Penalties for theft of farm products
Green check means up to date. Up to date

Current through Fall 2024

§ 35-36-104’s source at colorado​.gov