§ 35-36-303 — License fee - renewal - rules

Colorado § 35-36-303

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Commodities Handlers and Farm Products

Text

(1) (a) For filing the application
described in section 35-36-302, each applicant for a license in each of the
following categories shall pay to the commissioner a fee as determined by the
commission, which fee shall be transmitted to the state treasurer for credit to the
inspection and consumer services cash fund created in section 35-1-106.5:

(I) Dealers; except that a dealer who signs an affidavit stating that the dealer
will make payment in cash or by one of the other means specified in section 35-36-304 (1)(e) for each transaction for farm products shall pay the same application fee
as a small-volume dealer;

(II) Agents; and

(III) Small-volume dealers.

(b) For each fiscal year, commencing on July 1, twenty-five percent of the
direct and indirect costs of administering and enforcing this part 3 must be funded
from the general fund. The commission shall establish a fee schedule to cover any
direct and indirect costs not funded from the general fund.

(2) If a licensee fails for any reason to apply for the renewal of a license
before an annual date specified by the commissioner by rule, the licensee shall,
upon application for a renewal license and before the license is issued, pay a
penalty as established by the commission, which penalty is in addition to the license
fee.

(3) The commissioner shall not issue a license to any person against whose
surety a claim has been collected or any person against whom an irrevocable letter
of credit has been drawn by the commissioner in accordance with this part 3 during
the period of three years after the date of the collection; except that the
commissioner may, in the commissioner's discretion and consistent with the
purpose of this part 3, issue a temporary license to the person for the period,
subject to such restrictions as the commissioner deems reasonable and necessary.

(4) The commissioner shall not issue a renewal license to a licensee who is
the subject of a pending verified complaint until the complaint has been settled to
the satisfaction of the commissioner.

(5) Upon the failure of an applicant to file a bond or an irrevocable letter of
credit meeting the requirements of section 11-35-101.5, within ninety days after the
date of application, the application will be rendered void, and the license fee will
not be refunded. Any subsequent application for a license requires a new license
fee.

(6) Whenever the commissioner deems it appropriate, the commissioner may
require a licensee or an applicant for an initial or renewal license to submit a
financial statement or an audit prepared according to generally accepted
accounting principles or any other information to determine whether the person is
in an adequate financial position to carry out the person's duties as a licensee.

Legislative History

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 742, � 2, effective June 29.