(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.
If a person fails to comply with a cease-and-desist order within twenty-four hoursafter 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.
A stay of a cease-and-desist order shall not be issued before a hearing on the orderinvolving both parties.
Matters brought before a court pursuant to this section have preference over othermatters on the court's calendar.
Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 722, § 2, effective June 29.
Editor's note: This section is similar to former §§ 35-36-120 and 35-37-109 as they existed prior to 2020.