2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 35-36-303 - License fee - renewal - rules

(1)
(a)
For filing the application described in section
35-36-302
, each applicant for a license in each of the following categories shall pay to the commissioner a fee as determined by the 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 will make payment in cash or by one of the other means specified in section
35-36-304(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 part 3 must be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund.
(2)
If a 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 commission, which penalty is in addition to the license fee.
(3)
The commissioner shall not issue a license to 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 this part 3 during the period of three years after the date of the collection; except that the commissioner may, in the commissioner's discretion and consistent with the purpose of this part 3, issue a temporary license to the person for the period, subject to such restrictions as the commissioner deems reasonable and necessary.
(4)
The commissioner shall not issue a renewal license to a licensee who is the subject of a pending verified complaint 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 after the date of application, the application will be rendered void, and the license fee will not be refunded. Any subsequent application for a license requires a new license fee.
(6)
Whenever the commissioner deems it appropriate, the commissioner may require a licensee or an applicant for an initial or renewal license to submit a financial statement or an audit prepared according to generally accepted accounting principles or any other information to determine whether the person is in an adequate financial position to carry out the person's duties as a licensee.
Renumbered from C.R.S. §
35-37-105
and amended by 2020 Ch. 160,§2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-105 and amended by 2017 Ch. 262,§2, eff. 8/9/2017.
Amended by 2013 Ch. 316,§18, eff. 8/7/2013.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 742, p. 742, § 2, effective June 29.
This section is similar to former § 35-37-105 as it existed prior to 2020.