(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) The regulation of all aspects of pesticide application, including, but not
limited to, the storage, use, application, and disposal of any pesticide or device that
requires licensure for use by any person subject to this article;
(b) 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;
(c) 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, other discipline through stipulation, or the
restriction, probation, denial, suspension, or revocation of any license authorized
under this article;
(d) The content of the examination required for the administration of this
article and the amount of any examination and examination grading fee.
(3) The commissioner shall, for examinations required for any license under
this article:
(a) Develop each such examination, or adopt a commercially standardized
examination, required for the administration of this article and the amount of any
examination and examination grading fee;
(b) Establish a passing score for each examination that reflects a minimum
level of competency in the class or subclass for which the applicant is being tested;
(c) Administer each such examination or contract with a person, corporation,
or other entity to administer each such examination.
(4) The commissioner shall establish standards and procedures to issue a
license to any person who possesses a valid license from another jurisdiction, where
the qualifications for that license are substantially similar to those adopted for a
comparable license authorized under this article.
(5) The commissioner shall establish any competency requirements and
standards for any individuals licensed under section 35-10-115.
(6) The commissioner is authorized to conduct hearings required under
sections 35-10-119 and 35-10-120 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.
(7) 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 the article and any rules and regulations adopted pursuant thereto.
(8) The commissioner is authorized to enter into cooperative agreements
with any agency or political subdivision of this state or any other 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, securing uniformity of rules, and
entering into reciprocal licensing agreements.
(8.5) (a) The department may provide the following only to the extent of
funding received pursuant to paragraph (b) of this subsection (8.5):
(I) Education programs for urban residents regarding the proper use of
pesticides and regarding the dangers of misuse or overuse of pesticides; and
(II) Education programs for firefighters regarding precautions and
procedures that are necessary when fighting fires that involve or are in the vicinity
of pesticides or fertilizers.
(b) The commissioner may accept gifts, grants, and donations of any kind
from any private or public source for the purposes of this subsection (8.5). The
commissioner shall transmit all such gifts, grants, or donations to the state
treasurer, who shall credit the same to the plant health, pest control, and
environmental protection cash fund created in section 35-1-106.3.
(9) The commissioner is authorized to promulgate rules and regulations to
comply with the Federal Insecticide, Fungicide, and Rodenticide Act, as amended;
except that such rules and regulations shall not contravene any provision of this
article, article 9 of this title, or any other provision of state law.
(9.5) The commissioner shall designate by rule which devices, when
operated for hire, require the operator to be licensed as a commercial applicator.
Licensure shall be required only for the use of those devices that, as determined by
the commissioner, may constitute a significant risk to public health or safety.
(9.7) (a) The commissioner shall:
(I) Develop an online complaint process on the department's website that
allows members of the public to fill out and submit a complaint form online; and
(II) Provide the complaint form in a manner that is:
(A) Easily accessible on the department's website;
(B) User-friendly;
(C) Printable; and
(D) Accompanied by easy-to-follow instructions.
(b) The complaint form or the instructions accompanying the complaint form
must include the department's mailing address so that a member of the public may
choose to print and submit the complaint form by mail instead of electronically.
(10) The powers and duties vested in the commissioner by this article may be
delegated to qualified employees of the department.