8 Colo. Code Regs. § 1205-6-21
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1205-6-21 - Statement of Basis, Specific Statutory Authority and Purpose21.1 Adopted December 9, 2004- Effective February 1, 2005 21.1.1Basis:This rule is proposed by the State Board of Stock Inspection Commissioners (the Board), division of the Colorado Department of Agriculture and an enterprise for purposes of Section 20 of Article X of the State Constitution, to maintain the essential services provided by the Board and authorized brand inspectors. The fee increases are reasonably related to the goal of providing essential services.21.1.2Specific Statutory Authority: This regulation is adopted pursuant to the Board's fee-setting authority set forth in Sections 35-41-104, 35-43-115, 35-53-129, 35-53-115, 35-53-101, 35-43-105, 24-72-203(1)(a), 35-43-109, 35-44-106, 35-53-130, 35-53-103, 35-53.5-106, 35-55-103, and 38-20-207, C.R.S. (2004) and is intended to be consistent with the requirements of the State Administrative Procedures Act, Section 24-4-101 et seq. (the "APA"), C.R.S. (2004).21.1.3Purpose: The purpose of this regulation proposed by the Board is to adopt by rule the schedule of fees to be assessed for service rendered by the Board and its authorized brand inspectors beginning February 1, 2005 and thereafter. House Bill 04-1351, enacted by the General Assembly, gives the Board authority to set fees for its services by rule. The law specifies timeframes that the board must allow when considering fee changes, in order to give as much notice as possible to affected parties. In this vein, the board and/or its representatives met with constituents within the livestock community on July 1, 2004, when the Board met to discuss current and anticipated financial issues. The Board met again July 19, 2004, with the livestock industry and presented its draft fee proposal. On August 23, 2004, the Board announced that it would proceed with a formal fee proposal at its next regular meeting. Having duly provided public notice of its intent to do so, the Board approved the proposed fee increase schedule on September 22, 2004. At that public meeting, the Board then authorized staff to proceed with filing notice of its intent to pursue rulemaking on the fee schedule under the APA.
By February 1, 2005, the Board will have complied with all public notice requirements by:
(1) Having publicly noticed its intent to approve the fee schedule in its regularly scheduled meeting on September 22, 2004, pursuant to Section 35-41-104 (a-c); and(2) Having issued public notice of the rulemaking hearing pursuant to the APA during which additional public testimony will be taken on the Board's intent to adopt the fee schedule by rule. The Board thoroughly examined its anticipated funding needs and considered a variety of options to meet the needs. This is the first significant fee increase since approximately 1998. Department staff gathered extensive financial data on the Board's costs and revenues and utilized linear regression analysis to determine options. A copy of the linear regression analysis is available to the public by contacting the Colorado Department of Agriculture at 303.239.4100. The Board decided to propose a fee schedule that increases most fees it charges while leaving others at the rate that existed prior to Board approval of the proposed fee schedule.
21.2 Adopted August 9, 2006- Effective October 2, 200621.2.1 Basis: These revisions are proposed by the State Board of Stock Inspection Commissioners (the Board) to change the fee structure intended to revise and disencumber the brand records of unused brands and to provide revenues to publish new brand books and otherwise assist in the operational cost of the division of brand inspection.21.2.2 Specific Statutory Authority: These revisions are adopted pursuant to the State Board of Stock Commissioner's authority to set brand assessment fees set forth in 35-43-115 C.R.S. (2005).21.2.3 Purpose: The purpose of these rule revisions is to increase the current fee for the assessment of brands, to adopt a schedule for late fees related to unpaid assessments, and to set fees for the reinstatement of cancelled brands.21.3 Adopted September 14, 2011- Effective October 30, 201121.3.1 Basis: These revisions are proposed by the State Board of Stock Inspection Commissioners (the Board) to change the fee structure for brand assessments, which fee is used to revise and disencumber the brand records of unused brands, to provide revenues to publish new brand books, and otherwise to assist with the operational cost of the Division of Brand Inspection. Additionally, the rules introduce an application fee for anyone who is seeking to reinstate a canceled brand. Finally, the revisions remove outdated language from the rules.21.3.2 Specific Statutory Authority: These revisions are adopted pursuant to the State Board of Stock Inspection Commissioner's authority to set brand assessment fees set forth at § 35-43-115, C.R.S.21.3.3 Purpose: The purpose of these rule revisions is to increase the current fee for the assessment of brands, to strike out-dated language from the rules, and to harmonize the application fee for new brands with those for canceled brands seeking reinstatement.21.4 Adopted October 15, 2014- Effective January 1, 2015 21.4.1 Basis: This rule is proposed by the State Board of Stock Inspection Commissioners (the "Board") to maintain the essential services provided by the Board and authorized brand inspectors. The fee increases are reasonably related to the goal of providing essential services to the constituents the Brand board and its inspectors serve.21.4.2 Specific Statutory Authority: This rule is proposed for adoption pursuant to the Board's various fee-setting authorities, as set forth in §§ 35-41-104, 35-43-105, 35-43-109, 35-43-115, 35-43-129, 35-43-130, 35-44-106, 35-53-101, 35-53-105, 35-53-115, 35-53-129, 35-53-130, 35-53-133, 35-53.5-106 and 107, 35-55-103, and 38-20-207, C.R.S.2.14.3 Purpose: The Board's sole funding source to support all that it is required to do is the fee system provided in the Board's enabling statutes, including per-head inspection fees. As a result of a drought in Colorado, the number of livestock that require inspection has dropped significantly over the last few years, with no projected increase in the immediate future. The Board's revenue stream has been and will continue to be affected by this. Thus, the Board recognized the need to re-visit the entire fee structure to change the fees to reflect how the livestock industries are evolving in Colorado and how those changes are affecting the Board's revenues and its ability to discharge its statutory and regulatory duties. The Board's staff compared a variety of funding and fee options and determined that the ones proposed in this rule-making are the most efficient, practical, and equitable for the industry as a whole. These revisions incorporate changes as a result of the Department's Regulatory Efficiency Review Process conducted in accordance with the Governor's Executive Order D 2012-002.
37 CR 21, November 10,2014, effective 1/1/2015