C.R.S. Section 35-77-108
Cease-and-desist orders


(1)

Intentionally left blank —Ed.

(a)

The commissioner may issue an order to cease and desist from violating this article 77 if the commissioner determines, based upon credible evidence, that:

(I)

A person is violating this article 77 or a rule adopted under this article 77; or

(II)

A person is violating section 35-77-104.

(b)

To issue a cease-and-desist order, the commissioner must set forth in the order the statutes or rules alleged to have been violated, the facts alleged to constitute the violation, and a requirement that the alleged violations cease and desist.

(c)

To protest a cease-and-desist order, a person must request within thirty days after the date of the order a hearing on the question of whether the person has violated this article 77 or a rule adopted under this article 77. If so requested, the commissioner shall hold a hearing.

(2)

A person aggrieved by a cease-and-desist order that has become final may seek judicial review of the order.

(3)

Intentionally left blank —Ed.

(a)

If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with the order, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further violation of this article 77 or a rule adopted under this article 77.

(b)

If the subject of a cease-and-desist order requests that the cease-and-desist order be stayed pending an approval of the order, a court shall not stay the cease-and-desist order until after a hearing has been held at which both parties have had an opportunity to appear.

(c)

A court shall give preference to matters brought before the court under this section over other matters on the calendar of the court.

Source: Section 35-77-108 — Cease-and-desist orders, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

Green check means up to date. Up to date

Current through Fall 2024

§ 35-77-108’s source at colorado​.gov