§ 35-36-302 — Application for license - rules

(1) A person shall not act as a
dealer, small-volume dealer, or agent without having obtained a license as provided
in this part 3. Every person acting as a dealer, small-volume dealer, or agent shall
file an application in writing with the commissioner for a license to transact the
business of dealer, small-volume dealer, or agent, and the application must be
accompanied by the license fee provided for in section 35-36-303 for each
specified class of business.

(2) The application in each case must state the class or classes of farm
products the applicant proposes to handle; the full name of the person applying for
the license; and, if the applicant is a firm, exchange, association, or corporation, the
full name of each member of the firm or the names of the officers of the exchange,
association, or corporation. The application must further state the principal
business address of the applicant in the state of Colorado and elsewhere and the
names of the persons authorized to receive and accept service of summons and
legal notices of all kinds for the applicant. The applicant shall further satisfy the
commissioner of the applicant's character, responsibility, and good faith in seeking
to carry on the business stated in the application. In determining a person's
character, the commissioner shall comply with section 24-5-101.

(3) In addition to the general requirements applicable to all classes of
applications, as set forth in this section, each application for an agent's license
must include such information as the commissioner may consider proper or
necessary, and the application must include the name and address of the applicant
and the name and address of each dealer or small-volume dealer represented or
sought to be represented by the agent and the written endorsement or nomination
of the dealer or small-volume dealer. A person shall not be licensed as an agent
unless all of the agent's principals are licensed under this part 3.

(4) Upon the applicant's filing of the proper application with the
commissioner, accompanied by the proper fee, and when the commissioner is
satisfied that the convenience and necessity of the industry and the public will be
served by the application, the commissioner shall issue to the applicant a license
entitling the applicant to conduct the business described in the application at the
place named in the application until the date specified by the commissioner by rule
or until the license has been suspended or revoked. The license of an agent expires
upon the date of expiration of the license of the principal for whom the agent acts.
The commissioner may also issue a license to each agent, with a separate agent's
license being required for each principal. A dealer, small-volume dealer, or agent
shall show the license upon the request of any interested person. Each licensed
dealer, small-volume dealer, or agent shall post the person's license or a copy of
the license in the person's office or salesroom in plain view of the public.

(5) The commissioner shall revoke any license granted as a result of fraud or
misrepresentation in applying for the license. All indicia of the possession of a
license are at all times the property of the state of Colorado, and each licensee is
entitled to the possession of a license only for the duration of the license.

(6) Any person licensed under part 2 of this article 36 may apply for a license
as a dealer or small-volume dealer without paying the license fee otherwise
required by section 35-36-303.

Legislative History

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 741, � 2, effective June 29.