Colorado § 35-28-105 Administration of article - public hearings

Colorado Statutes

§ 35-28-105 — Administration of article - public hearings

Colorado·Title 35 Agriculture·Art. Marketing Act of 1939

(1)The commissioner of agriculture shall administer and enforce the provisions of this article and shall have all of the administrative powers conferred upon the head of a department of the state. In order to effectuate the declared purposes of this article, the commissioner of agriculture is authorized to issue, administer, and enforce the provisions of marketing orders.

(2)Whenever the commissioner has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article 28 with respect to an agricultural commodity, either upon the commissioner's own motion or upon application of any producer or handler of such commodity, the commissioner shall give due notice of and an opportunity for a public hearing upon a proposed marketing

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(1) The
commissioner of agriculture shall administer and enforce the provisions of this
article and shall have all of the administrative powers conferred upon the head of a
department of the state. In order to effectuate the declared purposes of this article,
the commissioner of agriculture is authorized to issue, administer, and enforce the
provisions of marketing orders.

(2) Whenever the commissioner has reason to believe that the issuance of a
marketing order will tend to effectuate the declared policy of this article 28 with
respect to an agricultural commodity, either upon the commissioner's own motion
or upon application of any producer or handler of such commodity, the
commissioner shall give due notice of and an opportunity for a public hearing upon
a proposed marketing order.

(3) Due notice of a hearing called for the purpose described in subsection (2)
of this section shall be given to all persons who may be directly affected by an
action of the commissioner taken pursuant to this article 28 and whose names
appear upon lists to be filed by the agricultural industry with the commissioner.
Such hearing shall be open to the public. All testimony shall be received under oath
and a full and complete record of all proceedings at any such hearing shall be made
and filed by the commissioner at the commissioner's office.

(4) In order to effectuate the declared policy of this article 28, the
commissioner has the power, after due notice and opportunity for hearing, to enter
into marketing agreements with processors, distributors, handlers, producers, and
others engaged in the handling of an agricultural commodity and the regulating of
the preparation, sale, and handling of such agricultural commodity. Any such
marketing agreement is binding upon the signatories to the marketing agreement
exclusively. The execution of such marketing agreement in no matter affects the
issuance, administration, or enforcement of a marketing order provided for in this
article 28. The commissioner may issue such marketing order without executing a
marketing agreement or may execute a marketing agreement without issuing a
marketing order covering the same commodity. The commissioner, at the
commissioner's discretion, may hold a concurrent hearing upon a proposed
marketing agreement and a proposed marketing order in the manner provided for
giving due notice and opportunity for hearing for a marketing order as provided in
this article 28.

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Legislative History

Source: L. 39: p. 196, � 5. CSA: C. 106, � 50. L. 53: p. 116, � 2. CRS 53: � 7-3-5. L. 55: p. 148, � 5. C.R.S. 1963: � 7-3-5. L. 69: p. 113, � 4. L. 2025: (2), (3), and (4) amended, (HB 25-1084), ch. 24, p. 117, � 85, effective August 6.