Colorado § 35-36-103 - Commissioner - rules - delegation of powers and duties.

§ 35-36-103. Commissioner - rules - delegation of powers and duties.

(1) (a) The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding:

(I) Financial assurance requirements, including a schedule for applicants to file a bond with the commissioner;

(II) Requirements for maintaining records;

(III) Initial and renewal license requirements;

(IV) Requirements for credit sale contracts;

(V) Requirements for warehouse operations; and

(VI) The capacity of animal feeding operations for purposes of this article 36.

(b) Repealed.

(c) The commissioner may by rule periodically adjust the purchase limit for qualification as a small-volume dealer as set forth in section 35-36-102 (34)(c).

(2) The commissioner is the enforcing authority of this article 36, and the commissioner or the commissioner's authorized representative has free and unimpeded access to all places of business and all business records of a licensee licensed under part 2 or part 3 of this article 36 that are pertinent to any proper inquiry in the administration of this article 36. Any person in whom the enforcement of this article 36 is vested has the power of a peace officer as to the enforcement.

(3) The commissioner may delegate the commissioner's powers and duties set forth in this article 36 to qualified employees of the department.

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 721, § 2, effective June 29. L. 2025: (1)(c) added, (SB 25-176), ch. 218, p. 1003, § 4, effective August 6.

Editor's note: (1) This section is similar to former §§ 35-36-111, 35- 37-116 (1), and 35-37-120 as they existed prior to 2020.

(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective September 1, 2021. (See L. 2020, p. 721.)

ANNOTATION

Annotator's note. Since § 35-36-103 is similar to § 12-16-203 as it existed prior to the 2017 amendments relocating part 2 of article 16 of title 12 to this article 36, a relevant case construing that provision has been included in the annotations to this section.

The reasonable expectation that a person engaged in a licensed occupation is properly licensed and that transactions with the person, therefore, will be subject to the various protections that come with governmental regulation establishes proximate cause for purposes of the restitution statute. People v. Leonard, 167 P.3d 178 (Colo. App. 2007).

Defendant obtained possession of the victims' commodities by purporting to act as a licensed commodity handler; then, as defendant admitted at his restitution hearing, he used the proceeds from the sale of the seed to repay his own creditors rather than pay the victims. Limiting the victims' restitution to the amount of the bond that defendant failed to post would not take account of the full scope of the criminal conduct to which defendant pleaded guilty. People v. Leonard, 167 P.3d 178 (Colo. App. 2007).