§ 35-41.5-105 — Powers and duties of the board

Colorado § 35-41.5-105

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Alternative Livestock Act

Text

(1) The board is hereby
authorized to administer and enforce the provisions of this article and any rules
adopted pursuant thereto.

(2) The board shall adopt any necessary and reasonable rules for the
administration and enforcement of this article, including rules governing:

(a) Operating standards for an alternative livestock farm;

(b) Inspections of alternative livestock for purposes of licensing or renewing
a license, changes of ownership of alternative livestock, and movement of
alternative livestock, including requiring proof that alternative livestock meet the
requirements of a tuberculosis surveillance plan adopted pursuant to section 35-1-106 (1)(o) and that such alternative livestock meet requirements concerning the
control of infectious diseases as required by the commission, and requirements
concerning genetic purity as required by the parks and wildlife commission;

(c) Establishing the form and manner of submission of records required for
licensure and record keeping pursuant to this article;

(d) Establishing standards of practice for a licensee;

(e) Setting classifications and subclassifications of alternative livestock;

(f) Defining grounds for disciplinary action authorized under this article,
including letters of admonition or the denial, suspension, revocation, or restriction
of any license;

(g) Setting fees for licenses based upon the classification of an alternative
livestock farm; and

(h) The disposition of any estray taken up by inspectors as determined to be
proper and just and in the best interest of the owner of the estray.

(3) The board shall set licensing and inspection fees for each classification
of alternative livestock based on the actual cost of administering and enforcing this
article and any rules adopted pursuant thereto.

(4) The board is authorized to charge a service fee to cover the cost of
administrative requirements in addition to any inspection fee.

(5) The board is authorized to conduct hearings required under sections 35-41.5-112, 35-41.5-113, and 35-41.5-114 pursuant to article 4 of title 24, C.R.S., and to
use administrative law judges to conduct such hearings when the use of
administrative law judges would result in a net saving of costs to the board.

(6) The board is authorized to enter into cooperative agreements with and to
accept grants from any agency or political subdivision of this state or any other
state, or with any agency of the United States government, subject to limitations
set forth elsewhere in the Colorado Revised Statutes and the state constitution, to
carry out the provisions of this article.

(7) The powers and duties vested in the board by this article may be
delegated to qualified employees of the department and the division of parks and
wildlife.

(8) The parks and wildlife commission may review rules concerning
alternative livestock proposed by the board and may make recommendations to the
board concerning such rules.

(9) The board may assign a brand to an alternative livestock farm license.
Such brand shall be used as directed by the board pursuant to rule.

(10) If two or more persons claim ownership of any certain alternative
livestock and the true owner is not readily ascertainable, the board may:

(a) Treat the alternative livestock as an estray pursuant to article 44 of this
title; or

(b) Provide for arbitration of the claim of ownership under the supervision of
the board or the designee of the board.

Legislative History

Source: L. 94: Entire article added, p. 1699, � 6, effective July 1. L. 2012: IP(2), (2)(b), and (8) amended, (HB 12-1317), ch. 248, p. 1237, � 99, effective June 4.