8 Colo. Code Regs. § 1203-5, pt. 8.0

Current through Register Vol. 48, No. 1, January 10, 2025

Part 8.0 - ENFORCEMENT OF PROHIBITED WEED RULES BY LOCAL GOVERNMENT

ENTITIES

8.1AUTHORITY TO CONDUCT INSPECTIONS

The Commissioner may authorize individual counties, weed districts and other local governmental entities to conduct nursery stock inspections as provided for in § 35-26-103, C.R.S., for the limited purpose of enforcing Part 9.0 of these Rules pertaining to the sale of prohibited weeds.

8.2AUTHORITY TO ISSUE STOP SALE ORDERS

The Commissioner may authorize individual counties, weed districts and other local governmental entities to issue stop sale orders as provided for in § 35-26-105(2), C.R.S., for the limited purpose of enforcing Part 9.0 of these Rules pertaining to the sale of prohibited weeds.

8.3STANDARDS FOR QUALIFICATION OF LOCAL GOVERNMENTAL ENTITIES TO ENFORCE PROHIBITED WEED RULES

A. Any local governmental entity wishing to conduct prohibited weed inspections or issue stop sale orders as an agent of the Commissioner to enforce Part 9.0 of these Rules shall submit an application in the form and manner prescribed by the Commissioner.

B. Each applicant shall submit a list of the names of all employees who will perform such work and, if the application is approved, inform the Commissioner of any subsequent changes to that list within 10 days of such change. All listed employees must be able to demonstrate, to the satisfaction of the Commissioner:

i. Sufficient scientific knowledge to identify the species listed as prohibited weeds in Part 9.0; and

ii. Sufficient legal knowledge to conduct inspections and issue stop sale orders for the purpose of enforcing Part 9.0 in accordance with the Colorado Nursery Act and its associated Rules.

C. The decision to grant or deny an application from a local governmental entity for authority to enforce Part 9.0 rests solely within the discretion of the Commissioner. Nothing in these Rules shall obligate the Commissioner to grant any application if the Commissioner determines that such decision would not serve the interests of the Department.

8.4MEMORANDUM OF AGREEMENT

Once an application is granted by the Commissioner, the local governmental entity that submitted it shall be required to enter into a Memorandum of Agreement specifying the terms and conditions under which the entity, through its designated employees, is authorized to perform such work. At any time thereafter, the Commissioner or the local governmental entity may terminate the Memorandum of Agreement for any reason by giving written notice to the other party.

8.5FINANCIAL AND LEGAL RESPONSIBILITY

There shall be no charge for any inspection conducted by a local governmental entity acting under the Commissioner's authority in accordance with this Part 8.0. All costs incurred by a local governmental entity in conducting such inspections shall be the sole and exclusive responsibility of that entity. No Memorandum of Agreement entered into under this Part 8.0 shall create or impose any financial or legal responsibility or obligation on the State of Colorado or any of its employees for any action taken by any signatory local governmental entity or its employees.

8 CCR 1203-5, pt. 8.0

41 CR 06, March 25, 2018, effective 4/15/2018

42 CR 13, July 10, 2019, effective 7/31/2019

41 CR 06, March 25, 2018, effective 10/30/2019

42 CR 18, September 25, 2019, effective 10/30/2019