(1) The commissioner or his authorized agents are authorized and directed to enforce the provisions of this article.
(2) (a) If it appears to the commissioner after examination of the facts that a violation of any provision of this article has occurred, he may refer the facts to the district attorney for the county in which the violation occurred.
(b) Nothing in this article shall be construed as requiring the commissioner to report for prosecution minor violations of this article or rules and regulations when the commissioner believes that the public interest will best be served by a suitable notice of warning in writing.
Each district attorney to whom any such violation is reported shall cause appropriateproceedings to be instituted in any competent court without delay.
The commissioner may, by publication in such manner as he may prescribe, givenotice of all judgments entered in actions instituted under the authority of this article.
(a) Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.
No civil penalty may be imposed unless the person being charged has been givennotice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
If the commissioner is unable to collect such civil penalty or if any person fails topay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
Whenever the commissioner is found to have lacked substantial justification to impose a civil penalty, the person charged may recover his costs and attorney fees from the department of agriculture.
Moneys collected from any civil penalties under the provisions of this section shallbe paid to the state treasurer, who shall credit the same to the bee inspection fund.
Before imposing any civil penalty, the commissioner may consider the effect of suchpenalty on the ability of the person charged to stay in business.
(6) 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: L. 73: p. 204, § 1. C.R.S. 1963: § 7-7-3. L. 90: (2) amended and (5) and (6) added, p. 1593, § 3, effective April 3.