(1) to (3) Repealed.
Whenever it appears to the commissioner, upon sufficient evidence satisfactory tothe commissioner, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this part 1 or of any rule or of any order promulgated under this part 1, he 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.
(a) Any person who violates any provision of this part 1 or any regulation made pursuant to this part 1 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 charged was given notice andopportunity 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 general 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. 89: Entire section added, p. 1398, § 7, effective July 1. L. 97: (1) to (3) repealed, p. 181, § 9, effective March 31. L. 2006: (5)(e) amended, p. 150, § 37, effective August 7.