§ 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(b) Repealed.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.

Legislative History

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.