§ 39-28-307 — Miscellaneous provisions

Colorado § 39-28-307

• Jurisdiction: Colorado
• Title 39: Taxation
• Art.: Cigarette Tax

Text

(1) Notice and review of
determination. A determination of the department to not list or to remove from the
directory a brand family or tobacco product manufacturer shall be subject to review
in the manner prescribed by the State Administrative Procedure Act, article 4 of
title 24, C.R.S.

(2) Applicants for licenses. No stamping agent for a license shall be issued
a license or granted a renewal of a license unless the stamping agent has certified
in writing, under penalty of perjury, that the stamping agent has in the past and will
continue to comply fully with this part 3. No applicant for a license shall be issued a
license unless the applicant has certified in writing, under penalty of perjury, that
the stamping agent will fully comply with this section.

(3) Repealed.

(4) Promulgation of rules. The department may promulgate rules necessary
to effect the purposes of this statute. The department shall promulgate such rules
in accordance with article 4 of title 24, C.R.S.

(5) Recovery of costs and fees by attorney general. In any action brought
by the state to enforce this part 3, the state shall be entitled to recover the costs of
investigation, expert witness fees, costs of the action, and reasonable attorney
fees.

(6) Construction and severability. If a court of competent jurisdiction finds
that the provisions of this part 3 and of the tobacco escrow funds act conflict and
cannot be harmonized, then the provisions of the tobacco escrow funds act shall
control. If any provision of this part 3 causes the tobacco escrow funds act to no
longer constitute a qualifying or model statute, as those terms are defined in the
master settlement agreement, then that portion of this part 3 shall not be valid. If
any provision of this part 3 is for any reason held to be invalid, unlawful, or
unconstitutional, the decision shall not affect the validity of the remaining portions
of this part 3 or any part thereof.

Legislative History

Source: L. 2003: Entire part added, p. 1759, � 1, effective May 14. L. 2011: (3) repealed, (HB 11-1303), ch. 264, p. 1176, � 95, effective August 10.