§ 35-36-103. Commissioner – Rules – Delegation of Powers and Duties

1. 1. The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding:
      1. Financial assurance requirements, including a schedule for applicants to file a bond with the commissioner;
      2. Requirements for maintaining records;
      3. Initial and renewal license requirements;
      4. Requirements for credit sale contracts;
      5. Requirements for warehouse operations; and
      6. The capacity of animal feeding operations for purposes of this article 36.
   2. Repealed.
2. The commissioner is the enforcing authority of this article 36, and the commissioner or the commissioner’s authorized representative has free and unimpeded access to all places of business and all business records of a licensee licensed under part 2 or part 3 of this article 36 that are pertinent to any proper inquiry in the administration of this article 36. Any person in whom the enforcement of this article 36 is vested has the power of a peace officer as to the enforcement.
3. The commissioner may delegate the commissioner’s powers and duties set forth in this article 36 to qualified employees of the department.

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 721, § 2, effective June 29.

Editor’s note:

1. This section is similar to former §§ 35-36-111, 35- 37-116 (1), and 35-37-120 as they existed prior to 2020.
2. Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective September 1, 2021. (See L. 2020, p. 721 .)