reglab/housing_qa huggingface dataset:
CO Code § 35-9-119 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 9 - Pesticide Act|§ 35-9-119. Investigations - Access - Subpoena

  The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article.      At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:   To all buildings, yards, warehouses, and storage facilities in which any pesticides are kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;    To all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.       The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.       Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee or registrant.      History. Source: L. 90: Entire article R&RE, p. 1568, § 1, effective June 7.    Editor's note:   This section is similar to former § 35-9-107 as it existed prior to 1990.
CO Code § 35-9-122 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 9 - Pesticide Act|§ 35-9-122. Denial - Suspension - Revocation

  The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition, or deny, refuse to renew, suspend, or revoke any pesticide or device registration or any pesticide dealer license if the applicant, holder of the registration, or licensee:   Has refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the commissioner;    Has been convicted of a felony for an offense related to conduct regulated by this article;    Has used fraud or deception in the procurement or attempted procurement of any registration or license authorized under this article, or the renewal thereof;    Has failed to comply with a lawful order of the commissioner;    Has had an equivalent registration or license canceled, denied, revoked, or suspended by any authority;    Has been adjudicated a violator or has committed a violation of the “Federal Insecticide, Fungicide, and Rodenticide Act”, as amended; except that a consent decree entered into with the environmental protection agency shall not be considered a violation of such act unless an order from the regional administrator of the environmental protection agency or the consent decree shall specifically state that a violation has occurred;    Has refused to provide the commissioner with reasonable, complete, and accurate information regarding methods or materials used or work performed when requested by the commissioner; or    Has falsified any information requested by the commissioner.       In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee or holder of a registration from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.    No licensee whose license has been revoked may apply or reapply for a license under this article until two years from the date of such revocation.     History. Source: L. 90: Entire article R&RE, p. 1571, § 1, effective June 7.    Editor's note:   This section is similar to former § 35-9-109 as it existed prior to 1990.   Cross references:   For the “Federal Insecticide, Fungicide, and Rodenticide Act”, see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.
CO Code § 35-9-124 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 9 - Pesticide Act|§ 35-9-124. Civil Penalties

  Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed five thousand dollars per violation. Each day the violation occurs shall constitute a separate violation.    No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.    If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.    Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.     History. Source: L. 90: Entire article R&RE, p. 1573, § 1, effective June 7.    Editor's note:   This section is similar to former § 35-9-109 as it existed prior to 1990.   ANNOTATION   Applied in Speer v. Kourlis, 935 P.2d 43 (Colo. App. 1996).
CO Code § 35-9-125 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 9 - Pesticide Act|§ 35-9-125. Criminal Penalties

  No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(e), (1)(f), (1)(j), (1)(k), or (2)(c).    [ ] Any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g) or 35-9-123 (3) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.    [ ] Any person who violates section 35-9-120 (1)(g), (2)(d), or (2)(f) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.      Any person who violates any of the provisions of section 35-9-120 (2)(e) commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.    This subsection (4) is repealed, effective March 1, 2022.       Editor's note: This version of subsection (2) is effective until March 1, 2022.  (2) [ ] Any person who violates any of the provisions of section 35-9-120 (1)(a) , (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g) or 35-9-123 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 .  Editor's note: This version of subsection (2) is effective March 1, 2022. Editor's note: This version of subsection (3) is effective until March 1, 2022.  (3) [ ] Any person who violates section 35-9-120 (1)(g) , (2)(d), (2)(e), or (2)(f) commits a petty offense and shall be punished as provided in section 18-1.3-503 .  Editor's note: This version of subsection (3) is effective March 1, 2022.   History. Source: L. 90: Entire article R&RE, p. 1573, § 1, effective June 7. L. 2002: (2), (3), and (4) amended, p. 1547, § 305, effective October 1. L. 2021: (2) and (3) amended,(SB 21-271), ch. 462, p. 3277, § 618, effective March 1, 2022; (4)(b) added by revision,(SB 21-271), ch. 462, pp. 3277, 3331, §§ 618, 803.    Editor's note:    This section is similar to former § 35-9-109 as it existed prior to 1990.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.     Cross references:   For the legislative declaration contained in the 2002 act amending subsections (2), (3), and (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
CO Code § 35-9-126 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 9 - Pesticide Act|§ 35-9-126. Pesticide Fund - Transfer of Moneys to Plant Health, Pest Control, and Environmental Protection Cash Fund - Fees

  All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the pesticide fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.    (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 316, § 5, effective July 1, 2009.)     History. Source: L. 90: Entire article R&RE, p. 1574, § 1, effective June 7. L. 2006: (1) amended, p. 1267, § 20, effective January 1, 2007. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 316, § 5, effective July 1.
CO Code § 35-9-127 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 9 - Pesticide Act|§ 35-9-127. Advisory Committee

 An advisory committee, as established pursuant to article 10 of this title, shall assist the commissioner as set forth therein and in developing rules and regulations to carry out the provision of this article.   History. Source: L. 90: Entire article R&RE, p. 1574, § 1, effective June 7.    Editor's note:   This section is similar to former § 35-9-106 as it existed prior to 1990.
CO Code § 35-9-128 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 9 - Pesticide Act|§ 35-9-128. Information

 The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to pesticides and conduct workshops for the purpose of informing pesticide dealers of new developments in the field of pesticides.   History. Source: L. 90: Entire article R&RE, p. 1574, § 1, effective June 7.
CO Code § 35-10-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-101. Short Title

 This article shall be known and may be cited as the “Pesticide Applicators' Act”.   History. Source: L. 90: Entire article R&RE, p. 1576, § 1, effective May 31.    Editor's note:   This section is similar to former § 35-10-101 as it existed prior to 1990.
CO Code § 35-10-102 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-102. Legislative Declaration

 The general assembly hereby finds and declares that pesticides perform a valuable function in controlling insects, rodents, weeds, and other forms of life which may be injurious to crops, livestock, and other desirable forms of plant and animal life, to structures, and to individuals. The general assembly further finds and declares that pesticides contain toxic substances which may pose a serious risk to the public health and safety and that regulation of pesticide use is necessary to prevent adverse effects on individuals and the environment.   History. Source: L. 90: Entire article R&RE, p. 1576, § 1, effective May 31.    Editor's note:   This section is similar to former § 35-10-102 as it existed prior to 1990.
CO Code § 35-10-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-104. Scope of Article

  Any person who uses or supervises the use of any pesticide or device in the state of Colorado shall be subject to this article and to any rules adopted pursuant thereto.    (Deleted by amendment,L. 2006, p. 1260, § 2, effective January 1, 2007.)     History. Source: L. 90: Entire article R&RE, p. 1578, § 1, effective May 31. L. 2006: Entire section amended, p. 1260, § 2, effective January 1, 2007.
CO Code § 35-10-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-105. Commercial Applicator - Business License Required

 Any person acting as a commercial applicator must possess a valid commercial applicator business license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. A commercial applicator business license may only be issued for the class or subclass of pesticide application in which the qualified supervisor employed or otherwise retained by the commercial applicator is licensed.   History. Source: L. 90: Entire article R&RE, p. 1579, § 1, effective May 31.    Editor's note:   This section is similar to former § 35-10-106 as it existed prior to 1990.
CO Code § 35-10-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-106. Commercial Applicator - License Requirements - Application - Fees

  As requisites for licensure, the applicant for a commercial applicator business license shall:   Obtain liability insurance in the minimum amount of four hundred thousand dollars with the provision that such policy shall not be canceled unless written notice is provided to the commissioner at least ten days prior to such cancellation; except that liability insurance policies containing a so-called “pollution exclusion” shall satisfy this paragraph (a);    Employ or secure the services by documented agreement of a qualified supervisor who is licensed in the class or subclass of pesticide application or device use performed by the business;    Provide verifiable training to all technicians in his employ according to standards adopted by the commissioner;    Identify all pesticide application equipment in the form and manner prescribed by the commissioner;    If it engages in aerial application of pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.       Each applicant for a commercial applicator business license shall submit an application providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that the applicant has complied with subsection (1) of this section.      If a commercial applicator operates under more than one business name from a single location, the name of each such business providing services related to pesticide application shall be listed with the commissioner in the form and manner he shall designate. The commissioner may require that a separate fee be paid for each business name so listed.    No additional commercial applicator business license shall be required for such additional business names.    If a commercial applicator operates under more than one business name from a single location, the applicator must maintain separate pesticide application records pursuant to section 35-10-111 and separate business records for each such business name.       Each applicant for a commercial applicator business license shall pay a license fee in an amount determined by the commissioner.    The expiration date of each commercial applicator business license shall be determined by the commissioner, but the duration of such license shall not exceed three years.    Each licensee shall report to the commissioner, in the form and manner the commissioner shall designate, any change to the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.      History. Source: L. 90: Entire article R&RE, p. 1579, § 1, effective May 31. L. 2006: (1)(b) and (5) amended, p. 291, § 2, effective July 1.    Editor's note:   This section is similar to former §§ 35-10-106 , 35-10-108 , and 35-10-110 as they existed prior to 1990.
CO Code § 35-10-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-107. Commercial Applicator Business License - Renewals

  Each commercial applicator shall make an application to renew its business license on or before the expiration date of the license. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee.    If the application for renewal is not received on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.    If the application and fee for renewal are not received on or before the thirtieth day following the expiration date of the license, the business license shall not be renewed, and the commercial applicator shall apply for a new license.     History. Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 292, § 3, effective July 1. L. 2015: (2) and (3) amended,(SB 15-119), ch. 201, p. 694, § 4, effective May 19.    Editor's note:   This section is similar to former § 35-10-109 as it existed prior to 1990.
CO Code § 35-10-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-108. Commercial Applicators - Invoice Notice

 Commercial applicators shall include a statement in conspicuous type on each customer invoice that indicates that commercial applicators are licensed by the department. Said statement shall be exactly prescribed by rule adopted by the commissioner.   History. Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31.
CO Code § 35-10-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-109. Limited Commercial and Public Applicators - No Business License Required - Training - Rules

  A business license is not required for limited commercial or public applicators; except that the commissioner shall require such applicators that apply restricted-use pesticides to register with the department. The commissioner shall determine the form and manner of the registration, as well as the amount of any administrative fees associated with the registration. A limited commercial or public applicator may register voluntarily, regardless of whether the applicator applies restricted-use pesticides, by submitting a request in the form and manner specified by the commissioner.      A public applicator shall not allow a person working for it to apply a general-use pesticide that has been listed by the commissioner by rule unless the person has been trained in the core elements of pesticide use as required by the commissioner by rule. The public applicator shall maintain a record of the training as specified by the commissioner by rule.    The owner or designee of a limited commercial applicator must be trained in the core elements of pesticide use as required by the commissioner by rule before applying a general-use pesticide that has been listed by the commissioner by rule. The limited commercial applicator shall maintain a record of the training as specified by the commissioner by rule.         History. Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 3, effective January 1, 2007. L. 2015: Entire section amended,(SB 15-119), ch. 201, p. 695, § 6, effective May 19.    Editor's note:   This section is similar to former § 35-10-113 as it existed prior to 1990.
CO Code § 35-10-110 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-110. Registered Limited Commercial and Registered Public Applicators - Requirements for Operation

  For each class or subclass of pesticide application a registered limited commercial or registered public applicator applies, the applicator shall employ at least one qualified supervisor who is licensed in that class or subclass of pesticide application or shall secure the services of such qualified supervisor by documented agreement.    Notwithstanding subsection (1) of this section, no registered public applicator shall be required to pay licensing or certification fees for any qualified supervisor or certified operator whom the applicator may employ.    Every registered limited commercial or registered public applicator shall provide verifiable training to all technicians in its employ according to standards adopted by the commissioner. Such standards shall be identical to those adopted by the commissioner with respect to commercial applicators pursuant to section 35-10-106 (1)(c).    If the commissioner, pursuant to section 35-10-109, establishes a registry of limited commercial and public applicators, he or she may also require that each registered applicator report, in the form and manner the commissioner shall designate, any change to the information provided by such applicator to the registry or in any such reports previously submitted, within fifteen days after said change.     History. Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 4, effective January 1, 2007.    Editor's note:   This section is similar to former § 35-10-113 as it existed prior to 1990.
CO Code § 35-10-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-111. Record-Keeping Requirements

  Each commercial, registered limited commercial, licensed private, and registered public applicator shall keep and maintain records of each pesticide application in the form and manner designated by the commissioner. The applicator shall retain the records for three years after the date of the pesticide application; except that the record retention period for private applicators is two years.    The records shall be kept as follows:   For a commercial applicator, at the address specified in the application for the commercial applicator's business license;    For a registered limited commercial or registered public applicator, at the address specified in the registry authorized in section 35-10-109; or    For a licensed private applicator, at the address of record on file with the commissioner.        History. Source: L. 90: Entire article R&RE, p. 1581, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 5, effective January 1, 2007. L. 2015: Entire section amended,(SB 15-119), ch. 201, p. 694, § 3, effective May 19.    Editor's note:   This section is similar to former § 35-10-111 as it existed prior to 1990.
CO Code § 35-10-113 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-113. Qualified Supervisor - License Required

 Any individual acting as a qualified supervisor must possess a valid qualified supervisor license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.   History. Source: L. 90: Entire article R&RE, p. 1582, § 1, effective May 31.    Editor's note:   This section is similar to former § 35-10-105 as it existed prior to 1990.
CO Code § 35-10-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 10 - Pesticide Applicators' Act|§ 35-10-114. Certified Operator - License Required

 Any individual acting as a certified operator shall possess a valid certified operator license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.   History. Source: L. 90: Entire article R&RE, p. 1582, § 1, effective May 31. L. 96: Entire section amended, p. 1377, § 5, effective July 1.    Editor's note:   This section is similar to former § 35-10-105 as it existed prior to 1990.