§ 25-4-1805 — Powers and duties of department - rules

(1) The department is
hereby authorized to enforce this part 18 and to adopt and enforce reasonable rules
and standards to implement this part 18. Such rules and standards shall be
consistent with, and no more stringent than, standards adopted pursuant to the
national shellfish sanitation program and may include, but shall not be limited to:

(a) Rules governing applications for initial certification and for annual
renewal of certifications;

(b) Requirements for comprehensive on-site inspections of the premises and
facilities of applicants for certification;

(c) Standards concerning the form and manner of submission of records
required for certification and record keeping pursuant to this part 18;

(d) Establishment of fees required for certification and renewal of
certification; and

(e) Grounds for denial, suspension, or revocation of a certificate.

(2) This part 18 shall be administered by the department; except that county,
district, and municipal public health agencies may be authorized by the department
to assist it in performing its powers and duties pursuant to this part 18.

(3) The department is authorized to conduct hearings in accordance with
article 4 of title 24, C.R.S., and to use administrative law judges to conduct such
hearings when the use of administrative law judges would result in a net saving of
costs to the department.

(4) The department is authorized to enter into cooperative agreements with
and to accept grants from any agency or political subdivision of this state or any
other state, or with any agency of the United States government, subject to
limitations set forth elsewhere in law and the state constitution, to carry out the
provisions of this part 18.

(5) (a) When the department determines that a dealer's activity constitutes a
major public health threat, the department shall:

(I) Suspend or withdraw certification; and

(II) Immediately notify the FDA and the authorities in known states that
receive the dealer's shellfish.

(b) The department shall prohibit any dealer whose certification has been
suspended or withdrawn from shipping in interstate or intrastate commerce.

(c) When the department recertifies any dealer, the department shall notify
the FDA and the authorities in known states that receive the shellfish.

Legislative History

Source: L. 97: Entire part added, p. 83, � 1, effective July 1. L. 2010: (2) amended, (HB 10-1422), ch. 419, p. 2101, � 112, effective August 11.