dissenting:
I respectfully dissent from the majority opinion. First, based on the plain language of section 35-80-111(8), 14 C.R.S. (1995), I do not believe that the General Assembly intended to remove the discretionary authority of the trial court either to grant or deny a preliminary injunction. Also, because the petitioner failed to provide an adequate record, unlike the majority, I am unable to review the trial court’s ruling to determine whether the trial court abused its discretion in denying the preliminary injunction or in not setting a timely hearing for a permanent injunction.1
I.
A.
Section 35-80-111(3) authorizes the Commissioner of Agriculture (Commissioner) to enforce the Pet Animal Care and Facilities Act (Act), §§ 35-80-101 to -117, 14 C.R.S. (1995), by force of a court order enjoining conduct in violation of the Act. That section provides, in relevant part, that
the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in [violation of the Act] and to enforce compliance with this article or any rule or order issued 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.
§ 35-80-111(3). While the parties before us do not dispute the Commissioner’s authority, i.e., that he “may apply” for an order, they do not agree as to the applicable standard for the issuance of a temporary injunction. The petitioners view the language of the statute as commanding the trial court to issue the order whenever a violation is proven. As stated in its order set forth in the majority opinion, maj. op. at 1332-1333, the trial court assumed the statute provided it with discretion as to whether the order should be issued on application by the Commissioner.2 If the trial court is correct, of course, its order can be set aside on our review for an abuse of discretion appearing in the record on review.
It is beyond peradventure that the granting or denial of a preliminary injunction is a decision which lies within the sound discretion of the trial court. Evans v. Romer, 854 P.2d 1270, 1274 (Colo.1993); Rathke v. MacFarlane, 648 P.2d 648, 653 (Colo.1982). In exercising that discretion, the trial court must find that the moving party has demonstrated: (1) a reasonable probability of success on the merits; (2) a danger of real, immediate, and irreparable injury which may be prevented by injunctive relief; (3) that there is no plain, speedy, and adequate reme*1339dy at law; (4) that the granting of a preliminary injunction will not disserve the public interest; (5) that the balance of equities favors the injunction; and (6) that the injunction will preserve the status quo. pending a trial on the merits. Rathke, 648 P.2d at 654.
It is unclear from my reading of the majority opinion whether it concludes that the trial court was correct to apply the four controlling factors under Rathke,3 but merely abused its discretion in doing so, see maj. op. at 1335 (“the court abused its discretion by placing an unlicensed facility in a more advantageous position .... ”), or that Rathke ⅛ elements are irrelevant because the language of section 35-80-111(3) mandates that, upon evidence of only a violation, the injunction must be issued, see maj. op. at 1337 (“the district court incorrectly utilized the balancing of the equities and public interest factors set forth in Rathke ”).
In my view, the proper standard is a balancing of the factors set out by this court in Rathke, as modified by section 35-80-111(3). However, the majority seems to rely upon a different standard when it states:
Contrary to the actions of the district court, the statutory context demonstrates that the judicial proceeding on the Commissioner’s motion for relief is to focus on whether the cease and desist order was validly issued within the scope of the Commissioner’s authority, whether the facility required a license to operate under the Act and the implementing regulations, and whether the facility was operating without a license in violation of the Act and order.
Maj. op. at 1337.
In its opinion, the majority recognizes that “the test usually applicable for injunctions under C.R.C.P. 65 is set forth in Rathke v. MacFarlane” but nevertheless determines that Rathke is inapposite to the instant case. Maj. op. at 1333 & n. .10. The majority, therefore, concludes that section 35-80-111(3) vitiates the trial court’s discretion in order “to effectuate properly issued agency enforeement orders.” Maj. op. at 1333. I disagree.
It may be true that, under certain circumstances, the granting of an injunction provided for in the statutory scheme of an administrative agency is mandatory and not within the discretion of a court to deny. See, e.g., 12 Debra Knapp, Colorado Civil Procedure Forms and Commentary § 65.3, at 667 (1996) (“Except where a statute makes in-junctive relief mandatory upon a given showing, the granting or denial of both a temporary restraining order and a preliminary injunction is within the sound discretion of the trial court.”) (Emphasis added.) However, no cases in Colorado have yet recognized any such circumstances and the treatise above provides no case law support for its statement.
As the majority effectively illustrates, see maj. op. at 1333 n. 11, statutes that intend to make the granting of an injunction mandatory on the trial court do so explicitly. For example, section 12-36-132, 5B C.R.S. (1991), of the Colorado Medical Practices Act, provides that “[i]f it is established that the defendant has been or is committing an act prohibited by said articles, the court shall enter a decree perpetually enjoining said defendant from further committing such act.” The language in that statute clearly makes an act of the judicial officer mandatory. See State Bd. of Med. Exam’rs v. Saddoris, 825 P.2d 39, 43 (Colo.1992) (the word “shah” indicates a mandatory requirement).
Furthermore, although no cases have interpreted it as such, an additional example of a statute that may be viewed as providing mandatory injunctive relief in the face of an administrative violation is section 1-45-113(2)(a), IB C.R.S. (1996 Supp.), of the Campaign Reform Finance Act. See Knapp, Colorado Civil Procedure Forms and Commentary, at 667 n. 6 (interpreting section 1-45-113(2)(a) to provide mandatory injunctive relief upon a showing of a violation of the Campaign Reform Act). That statute provides in pertinent part:
*1340If the secretary of state determines, after a timely hearing, that such a violation has occurred, the secretary of state shall so notify the attorney general who shall institute a civil action for relief, including a permanent or temporary injunction, a restraining order, or any other appropriate order, in the district court.
Although that statute contains the mandatory language “shall,” the General Assembly is clearly directing that mandatory language at the attorney general and not at the judicial officer who will preside over the civil action and determine the merits of the injunction or restraining order.
In contrast to the statutes noted above, the language in the statute at issue here, section 35-80-111(3), contains no mandatory language directed either at the Commissioner or at a judicial officer. To the contrary, by its unambiguous terms, the statute authorizes agency action so that the Commissioner “may apply to any court” for injunctive relief without, as the majority would read into the statute, a mandate binding any judicial officer. It is axiomatic that in construing statutory provisions, we should give effect to the intent of the legislature by looking first to the statutory language and giving words and phrases their commonly accepted meaning. PDM Molding, Inc. v. Stanberg, 898 P.2d 542, 545 (Colo.1995). Where the language of a statute is plain and the meaning is clear, we need not resort to interpretive rules of statute construction, but must apply the statute as written. Id.
In my view, the plain language of section 35-80-111(3) belies any claim that an injunction should issue automatically upon application by the Commissioner. First, the statute expressly states that the Commissioner “may apply” to a court for an injunction. In no way can this term be construed as mandatory, either to the Commissioner or a judicial officer. On the contrary, by its definition, to “apply” for something is “to make a formal request or petition ... to a court ... for the granting of some ... rule or order, which is within his or their power or discretion.” Black’s Law Dictionary 99 (5th ed. 1979).
Second, the fact that the General Assembly has used specific language in the past to indicate that a court must issue an injunction if certain requirements are met leads me logically to conclude that, because such language was not used in section 35-80-111(3), the General Assembly did not intend to withdraw a court’s discretionary powers under Rathke and C.R.C.P. 65. See Lunsford v. Western States Life Ins., 908 P.2d 79, 84 (Colo.1995) (when the legislature speaks with exactitude, we must construe the statute to mean that the inclusion or specification of a particular set of conditions necessarily excludes others); see also Blue River Defense Committee v. Town of Silverthome, 33 Colo. App. 10, 12, 516 P.2d 452, 455 (1973) (courts should not presume that the legislature used language in a statute idly and with no intent that meaning should be given to it). Thus, the express language of the statute would not support the majority’s position that the court had no discretion in determining whether to grant or deny the injunction.4
B.
Moreover, the statute specifically excepts the requirements of pleading irreparable injury and the inadequacy of a remedy at law — two factors that we can assume come from our decision in Rathke. See State Eng’r v. Castle Meadows, Inc., 856 P.2d 496, 499 (Colo.1993) (when the General Assembly adopts legislation, it is presumed to be cognizant of judicial precedent relating to the subject matter under inquiry). Although these two Rathke factors are not to be considered, four other factors remain. Importantly, one of those four factors is the consideration of “the balance of equities,” which by its very nature is discretionary.
And, although the majority states that Rathke is inapposite because it does not involve “a comprehensive enactment which includes a restraining order and injunction provision as an essential feature of the enforcement design of a licensing statute,” maj. *1341op. at 1335, that distinction is not meaningful. We have consistently determined that the factors set forth in Rathke should be applied by a court when considering a motion for a preliminary injunction under a variety of circumstances. See, e.g., Evans v. Romer, 854 P.2d 1270, 1273 (Colo.1993); City of Colorado Springs v. Blanche, 761 P.2d 212, 217 (Colo.1988); Johnson v. Jefferson County Bd. of Health, 662 P.2d 463, 470 (Colo.1983).
Therefore, the plain language of the statute at issue does not support the majority’s view that the trial court had no discretion in refusing to order an injunction.
II.
A.
Although seemingly contradictory with most of its analysis, the majority also states that the trial court abused its discretion in not issuing the injunction. Maj. op. at 1335 & 1337. Nevertheless, in my view, it is not necessary for us to reach the merits of this issue because the petitioner has faded to provide an adequate record to support that conclusion.
It is incumbent upon the moving party to designate all those portions of the record necessary for appeal. Hock v. New York Life Ins. Co., 876 P.2d 1242, 1252 (Colo.1994). Here, however, petitioner has not included those portions of the record that might counter the trial court’s finding that the balance of the equities favored denying the injunction. Petitioner relies only upon the undisputed fact that section 35-80-111(3) was violated, which is insufficient. Likewise, the majority fails to demonstrate that the trial court’s findings are not supported in the record and incorrectly collapses the Rathke factor of balancing the equities into the fact that the statute was violated.
Thus, because the portions of the record before us are not complete and do not evince the equities that would support the issuance of the injunction, we must accept the trial court’s findings and conclusions as correct. Hock, 876 P.2d at 1252 (“An appellate court must presume that the trial court’s findings and conclusions are supported by the evidence when the appellant has failed to provide a complete record.”).
B.
The majority also implies that the trial court abused its discretion or exceeded its authority by postponing the permanent injunction hearing until the following year. The majority states:
The district court’s action here was neither prompt nor effective. By denying relief to the Commissioner, the court in effect granted to this unlicensed facility an interim operating license not available to it under the Act.... We conclude that the court thus undertook the agency’s role in determining when and how to employ the agency’s enforcement discretion.
Maj. op. at 1336-1337.
However, nothing in the record before us indicates that the petitioner objected to the timing of that hearing. Thus, because the petitioner did not raise the issue below, we should not consider it for the first time here. Christensen v. Hoover, 643 P.2d 525, 531 (Colo.1982) (an issue not raised before the • decision maker below should not be addressed on appeal).
Accordingly, for the reasons stated above, I respectfully dissent to the majority opinion.
LOHR, J., joins in this dissent.
. Like the majority, I also will treat the trial court's order as a denial of a preliminary injunction and not as the denial of a temporary restraining order.
. In addition to the portions of the court’s order set forth in the majority opinion, the trial court further provided:
The Court was also persuaded by the testimony of three independent veterinarians who had treated animals from Colorado Animal Refuse [sic] for routine veterinarian care that the animals at the facility are well cared for and generally healthy. All three veterinarians had been to the facility and at least one of them had inspected the facility in anticipation of his testimony. The Plaintiff did produce evidence of isolated incidences of trauma to animals but the vast balance of testimony and evidence justify the factual conclusion that the animals are adequately cared for in the current facility.
The Court was not persuaded by the proof of the Plaintiff that the balance of equities favors the imposition of a temporary order. A number of witnesses testified to statements made by Dr. Keith Roehr that the Defendants would have additional time until the "fall” to bring the facility into compliance. While these statements were contested by the Plaintiff it is clear that latitude had been extended to facilities covered by PACFA because of the recent origin of the legislation. In addition, the Defendants had suffered a catastrophic fire at a previous location and thus faced the prospect of moving an existing animal population into a new facility-
Finally, the Court is not persuaded that the public interest will be served if the temporary order is Granted. The testimony of virtually all witnesses is that Colorado Animal Refuge provides a service for the citizens of this area by providing necessities, shelter and health care to animals while promoting adoptions.
For the foregoing reasons, the Motion for Temporary Restraining Order is Denied.
. While I have set forth the six factors since our decision in Rathke, in the next to last sentence of section 35-80-111(3), the General Assembly excused the Commissioner from “plead[ing] or pro-vid[ing] irreparable injury or the inadequacy of the remedy at law.” Thus, only four elements of our Rathke test remain.
. I also note that the majority's conclusion here threatens judicial independence under our distribution of powers (separation of powers) provision set forth in Article III of the Colorado Constitution.