Section 35-1-107 - Commissioner of agriculture - report - publications - deputy commissioner - rules(1) The commissioner of agriculture shall be the chief administrative officer of the department of agriculture and shall have direct control and management of its functions, subject only to the powers and duties of the commission as prescribed in this article. The commissioner shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The commissioner shall be allowed traveling and subsistence expenses actually and necessarily incurred in the performance of official duties. The commissioner shall maintain an office at the state capitol buildings group and shall be custodian of all property and records of the department.(2) The commissioner shall require of the head of each agency assigned to the department an annual report containing such information and submitted at such time as the commissioner shall decide.(3) The commissioner shall exercise control over publications of the department and subordinate units thereof and shall cause such publications as are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136, C.R.S.(4) The commissioner may appoint the deputy commissioner of agriculture, pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the commissioner, the deputy commissioner shall have all the powers, duties, and responsibilities of the commissioner, as provided by law, and shall exercise such powers, duties, and responsibilities in the absence of the commissioner and when so instructed by the commissioner.(5) The commissioner is authorized to adopt all reasonable rules for the implementation of articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35. Such rules may include, but are not limited to: (a) The establishment of classifications and subclassifications for any license authorized under said articles; and(b) The establishment of any penalty fees that may be assessed for violations of said articles or of rules adopted under said articles or under this section.(6) The commissioner is authorized to accept gifts, grants, and donations of any kind from any private or public source and, upon receipt, shall transmit all such gifts, grants, or donations to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.(7) The commissioner is authorized to enter into cooperative agreements with any agency or political subdivision of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving gifts, grants, or donations, securing uniformity of rules, and entering into reciprocal licensing agreements.Amended by 2020 Ch. 160, § 10, eff. 6/29/2020.Amended by 2018 Ch. 274, § 74, eff. 5/29/2018.L. 49: p. 192, § 7. CSA: C. 5, §13 (9). CRS 53: § 6-1-7. L. 55: p. 134, § 2. C.R.S. 1963: § 6-1-7. L. 64: p. 122, § 22. L. 69: p. 107, § 2. L. 71: p. 105, § 15. L. 77: (4) added, p. 1576, § 1, effective May 16. L. 83: (2) and (3) amended, p. 841, § 68, effective July 1. L. 96: (2) amended, p. 1218, § 10, effective August 7. L. 2003: (1) and (3) amended and (5), (6), and (7) added, p. 1724, § 4, effective May 14. L. 2005: (6) amended, p. 1268, § 3, effective July 1. L. 2007: (6) amended, p. 1903, § 3, effective July 1. L. 2009: (8) added, (SB 09-158), ch. 2094, p. 2094, § 2, effective August 5. L. 2018: IP(5) amended, (HB 18-1375), ch. 1718, p. 1718, § 74, effective May 29. L. 2020: IP(5) amended, (HB 20-1213), ch. 755, p. 755, § 10, effective June 29.Subsection (8)(b) provided for the repeal of subsection (8), effective February 1, 2010. (See L. 2009, p. 2094.)
For the legislative declaration contained in the 1996 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996.