2017 Colorado Revised Statutes
Title 35 - Agriculture
Marketing and Sales
Article 37 - Farm Products
§ 35-37-105. License fee - renewal - rules
(1) (a) For filing the application described in section 35-37-104, each applicant for a license in each of the following categories shall pay to the commissioner a fee as determined by the agricultural 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 shall make payment in cash or by one of the other means specified in section 35-37-106 (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 article 37 shall be funded from the general fund. The agricultural commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund.
(2) If any 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 agricultural commission, which shall be in addition to the license fee.
(3) 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 the provisions of this article 37 shall not be licensed by the commissioner during the period of three years from the date of the collection; except that the commissioner may, in his or her discretion and consistent with the purpose of this article 37, issue a temporary license to the person for the period, subject to such restrictions as the commissioner deems reasonable and necessary.
(4) Any licensee who has a verified complaint pending against him or her with the commissioner shall not be issued a renewal license 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 of the date of application, the application will be rendered void, and the license fee will not be refunded. Any subsequent application for a license shall require a new license fee.
(6) Whenever the commissioner deems it appropriate, the commissioner may require of any applicant for an initial license, any applicant for a renewal of a license, or any licensee the submission of a financial statement or an audit, prepared by a certified public accountant, or any other information to determine whether the person is in an adequate financial position to carry out his or her duties as a licensee.
