§ 35-80-109 — Powers and duties of commissioner - rules

Colorado § 35-80-109

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Pet Animal Care and Facilities Act

Text

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

(2) The commissioner is authorized to adopt all reasonable rules for the
administration and enforcement of this article, including, but not limited to:

(a) Minimum standards of physical facility, sanitation, ventilation, heating,
cooling, humidity, spatial and enclosure requirements, nutrition, humane care,
medical treatment, sterilization of dogs and cats released to prospective owners
from animal shelters and pet animal rescues, and method of operation, including
the minimum holding period for and disposition of stray or abandoned pet animals
that are, in the opinion of the commissioner, necessary to carry out the provisions of
this article; except that each holding period shall comply with section 35-80-106.3
(1);

(a.5) The minimum weight requirement for the transfer of cats;

(b) Maintenance of records concerning health care, euthanasia, and
transactions involving pet animals;

(b.5) The content of, and procedures for, any written recommendations and
warnings concerning rabies vaccinations that the commissioner may require a
licensee to give in connection with the sale, transfer, trade, or adoption of a dog,
cat, or ferret;

(b.6) Written disclosures by licensees in connection with the sale, transfer,
trade, or adoption of a dog, cat, ferret, or bird and the retention by licensees of
written documentation that the disclosures were made;

(c) The establishment of qualifications for any applicant and standards of
practice for any of the licenses authorized under this article, including the
establishment of classifications and subclassifications for any license authorized
under this article;

(d) The issuance and reinstatement of any license authorized under this
article and the grounds for any disciplinary actions authorized under this article,
including letters of admonition or the denial, restriction, suspension, or revocation
of any license authorized under this article; and

(e) (I) The amount of any license fee for a pet animal facility license. Such
license fee may be different for different classifications and subclassifications of
any license authorized under this article. The commissioner is authorized to
determine the amount of any licensing fee authorized under this article based on
the actual cost of administering and enforcing this article and any rules adopted
pursuant thereto.

(II) Repealed.

(3) The commissioner is authorized to conduct hearings required under
sections 35-80-112 and 35-80-113 pursuant to article 4 of title 24, C.R.S., and to use
administrative law judges to conduct such hearings when their use would result in a
net saving of costs to the department.

(4) The commissioner is authorized to establish the annual date or dates on
which licenses and psittacine bird leg bands issued pursuant to this article shall
expire.

(5) The commissioner is authorized to enter into cooperative agreements
with any agency or political subdivision of this state or with any agency of the
United States government for the purpose of carrying out the provisions of this
article, receiving grants-in-aid, and securing uniformity of rules.

(6) The powers and duties vested in the commissioner by this article may be
delegated to qualified employees of the department.

(7) The commissioner shall appoint an advisory committee pursuant to
section 35-80-115.

Legislative History

Source: L. 94: Entire article added, p. 1305, � 8, effective July 1. L. 2001: (2)(a) amended, p. 1263, � 4, effective June 5. L. 2003: (2)(a.5) added, p. 2095, � 7, effective July 1. L. 2008: IP(2) and (2)(a) amended, p. 201, � 3, effective January 1, 2009. L. 2009: (2)(e) and (4) amended, (SB 09-118), ch. 327, pp. 1741, 1743, �� 4, 12, effective July 1. L. 2014: (2)(b.5) and (2)(b.6) added, (HB 14-1270), ch. 365, p. 1746, � 7, effective July 1.