CO Code § 35-55-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-107. Discipline of Licensees

  Any violation of the provisions of this article 55 or of any rule adopted and published by the state board of stock inspection commissioners is deemed sufficient cause for the state board of stock inspection commissioners to revoke or suspend the license of the offending operator of the public livestock market or to place on probation the licensee, and the following are specific grounds for the imposition of any of the disciplinary actions specified in this introductory portion:   If the state board of stock inspection commissioners finds the licensee has violated any law of the state of Colorado or official rule or regulation made pursuant thereto governing the intrastate or interstate movement, shipment, or transportation of livestock, or the requirements for brand or health inspection thereof;    If the state board of stock inspection commissioners finds that said licensee has been guilty of fraud or misrepresentation as to the title, brands, or ownership;    If the state board of stock inspection commissioners finds the licensee guilty of buying, receiving, or offering for sale any livestock known by him to be diseased or to have been exposed to infectious or contagious disease;    If the licensee has failed or refused to practice measures of sanitation and inspection as required by law concerning premises or vehicles used for the stabling, yarding, housing, holding, or transporting of animals in the operation of the licensee's public livestock market;    If the state board of stock inspection commissioners finds that the licensee has neglected or refused to keep records and forms of consignment cards, consignors account of sale, and buyers account of sale and bill of sale approved by the state board of stock inspection commissioners required by this article, or rules or regulations made pursuant thereto, or fails or refuses to permit inspection of such records by any authorized agent of said board;    If the state board of stock inspection commissioners finds that the licensee has failed or refused to withhold sale proceeds of any livestock designated by the authorized brand inspector as livestock of which the title is questionable in accordance with section 35-55-114, or if the board finds that the licensee has failed or refused to transmit promptly to said board, after the expiration of thirty days, the proceeds of all livestock to which ownership has not been established in accordance with section 35-55-114;    If the state board of stock inspection commissioners finds that the licensee has issued a company account of purchase which establishes ownership of or transfers title to any cattle, horses, or mules which have not been inspected for brands and ownership or title verified by an authorized Colorado brand inspector immediately prior to or on the licensee's market day designated by the board;    If the state board of stock inspection commissioners finds that the licensee attempted to obtain or obtained a livestock market license by fraud or misrepresentation;    If the state board of stock inspection commissioners finds that the licensee is engaging in or has engaged in advertising which is misleading, deceptive, or false;    If the state board of stock inspection commissioners finds that the licensee has violated or has aided or abetted in the violation of any order of the state board of stock inspection commissioners;    If the state board of stock inspection commissioners finds that the licensee has aided or abetted in the violation of any provision of this article or of any rule or regulation adopted by the state board of stock inspection commissioners pursuant to this article;    If the state board of stock inspection commissioners finds that the licensee has violated or has aided or abetted in the violation of the federal “Packers and Stockyards Act, 1921”, as amended (7 U.S.C. sec. 181 et seq.);    If the state board of stock inspection commissioners finds that the licensee has been convicted of or has entered a plea of nolo contendere to a felony for an offense related to the conduct regulated by this article.       When a complaint or an investigation discloses an instance of misconduct which, in the opinion of the state board of stock inspection commissioners, does not warrant formal action but which should not be dismissed as being without merit, the board may send a letter of admonition to any licensed public livestock market operator. Such letter shall be sent to the licensee by certified mail, and a copy thereof sent to the complainant, advising the operator that the operator may, within twenty days after receipt of the letter, make a written request to the board to institute a formal hearing pursuant to section 35-55-108 to determine the propriety of the alleged misconduct. If such request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal proceedings.     History. Source: L. 49: P. 699, § 7. CSA: C. 160, § 209(24). CRS 53: § 8-11-7 . C.R.S. 1963: § 8-11-7 . L. 65: P. 236, § 6. L. 71: P. 168, § 1. L. 91: IP(1) amended and (1)(h) to (1)(m) and (2) added, pp. 167, 168, §§ 4, 5, effective July 1. L. 94: (2) amended, p. 1645, § 77, effective May 31. L. 2006: IP (1) and (1)(l) amended, p. 1507, § 58, effective June 1. L. 2019: IP(1) and (1)(d) amended,(SB 19-150), ch. 241, p. 2370, § 5, effective May 20.    Cross references:   For procedure in cancellation of licenses, see § 24-4-104 .   ANNOTATION   This section and § 35-55-114 leave no discretion to agency once it has been determined that a violation has occurred. Howard & Assocs. v. State Bd. of Stock Inspection Comm'rs, 35 Colo. App. 86, 532 P.2d 366 (1974).