Colorado § 35-80-109 - Powers and duties of commissioner - rules.

§ 35-80-109. Powers and duties of commissioner - rules.

(1) The commissioner is authorized to administer and enforce the provisions of this article and any rules and regulations adopted pursuant thereto.

(2) The commissioner is authorized to adopt all reasonable rules for the administration and enforcement of this article, including, but not limited to:

(a) Minimum standards of physical facility, sanitation, ventilation, heating, cooling, humidity, spatial and enclosure requirements, nutrition, humane care, medical treatment, sterilization of dogs and cats released to prospective owners from animal shelters and pet animal rescues, and method of operation, including the minimum holding period for and disposition of stray or abandoned pet animals that are, in the opinion of the commissioner, necessary to carry out the provisions of this article; except that each holding period shall comply with section 35-80-106.3 (1);

(a.5) The minimum weight requirement for the transfer of cats;

(b) Maintenance of records concerning health care, euthanasia, and transactions involving pet animals;

(b.5) The content of, and procedures for, any written recommendations and warnings concerning rabies vaccinations that the commissioner may require a licensee to give in connection with the sale, transfer, trade, or adoption of a dog, cat, or ferret;

(b.6) Written disclosures by licensees in connection with the sale, transfer, trade, or adoption of a dog, cat, ferret, or bird and the retention by licensees of written documentation that the disclosures were made;

(c) The establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this article, including the establishment of classifications and subclassifications for any license authorized under this article;

(d) The issuance and reinstatement of any license authorized under this article and the grounds for any disciplinary actions authorized under this article, including letters of admonition or the denial, restriction, suspension, or revocation of any license authorized under this article; and

(e) (I) The amount of any license fee for a pet animal facility license. Such license fee may be different for different classifications and subclassifications of any license authorized under this article. The commissioner is authorized to determine the amount of any licensing fee authorized under this article based on the actual cost of administering and enforcing this article and any rules adopted pursuant thereto.

(II) Repealed.

(3) The commissioner is authorized to conduct hearings required under sections 35-80-112 and 35-80-113 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the department.

(4) The commissioner is authorized to establish the annual date or dates on which licenses and psittacine bird leg bands issued pursuant to this article shall expire.

(5) The commissioner is authorized to enter into cooperative agreements with any agency or political subdivision of this state or with any agency of the United States government for the purpose of carrying out the provisions of this article, receiving grants-in-aid, and securing uniformity of rules.

(6) The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

(7) The commissioner shall appoint an advisory committee pursuant to section 35-80-115.

(8) The commissioner shall develop an administrative process, not inconsistent with section 24-4-103 (7), for an interested person to petition for the issuance, amendment, or repeal of a rule by the commissioner pursuant to this article 80.

Source: L. 94: Entire article added, p. 1305, § 8, effective July 1. L. 2001: (2)(a) amended, p. 1263, § 4, effective June 5. L. 2003: (2)(a.5) added, p. 2095, § 7, effective July 1. L. 2008: IP(2) and (2)(a) amended, p. 201, § 3, effective January 1, 2009. L. 2009: (2)(e) and (4) amended, (SB 09-118), ch. 327, pp. 1741, 1743, §§ 4, 12, effective July 1. L. 2014: (2)(b.5) and (2)(b.6) added, (HB 14-1270), ch. 365, p. 1746, § 7, effective July 1. L. 2026: (8) added, (HB 26-1183), ch. 203, p. 1157, § 8, effective August 12.

Editor's note: Subsection (2)(e)(II)(C) provided for the repeal of subsection (2)(e)(II), effective July 1, 2011. (See L. 2009, p. 1741.)