(1) The director may designate sole proprietors, partnerships, or corporations as license agents to sell hunting, fishing, trapping, and other licenses of the division. License agents shall be paid a commission, in an amount to be determined by rule by the commission, on all moneys collected for licenses sold. All agents authorized to sell licenses shall keep accurate records of all sales of licenses and shall make such reports to the division regarding license sales as may be required by the division. Such agents shall be required to give evidence of financial responsibility, in the form of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or an irrevocable letter of credit meeting the requirements of section 11-35-101.5, C.R.S., or a bond, in such amount as may be fixed by the division based upon performance criteria established by the wildlife commission by rule, which may be less than the full value of consignment in an amount adequate to ensure the remittance of all moneys collected from such license sales, less amounts allowed as commissions, and the making of reports required by the division. The commission may promulgate rules for the establishment and cancellation of license agencies. All license moneys received shall be kept separate and apart from any other moneys of the agent authorized to sell licenses and shall at all times belong to the state. All moneys due from the sale of wildlife licenses shall belong to the state and shall draw interest at the rate of one and one-half percent per month from the date due.
The executive director, state auditor, and attorney general, or their duly designatedrepresentatives, shall constitute a board of claims for the hearing of all claims for relief when any license agent is unable to account for licenses and claims that the same have been destroyed, lost, or stolen. The findings of the board of claims are subject to review pursuant to section 24-4106, C.R.S. Claims for relief in an amount totaling three hundred dollars or less shall not be determined by the board of claims, except as otherwise provided in this section, but shall be settled by the division. If the division offers to make settlement and such settlement is not accepted by the claimant, the claimant may submit his claim to the board of claims.
Every agent designated to sell licenses shall account for all licenses delivered to suchagent. If any license agent is not able to account for any license, such agent shall be responsible for the maximum fee for which each unaccounted-for license could have been issued, except as provided in subsections (4) to (8) of this section.
Any agent designated to sell licenses may make a claim under oath for relief fromresponsibility for licenses which have been lost, stolen, or destroyed and for which such agent is unable to account, but no claim for relief shall be considered unless the agent making the claim informs the division of such loss, theft, or destruction within thirty days after such loss, theft, or destruction is discovered, said notice to set forth in detail all pertinent information then known to the agent. Upon receipt of any claim for relief, it is the duty of the division to make an investigation of the claim as soon as practicable, and for that purpose the claimant shall make available such records, information, or other pertinent data as may be in his possession or under his control. A written report of such investigation shall be filed by the division with the board of claims.
As soon as practicable after receipt of the investigator's report and in no event laterthan one hundred twenty days after receipt of notice of a claim for relief, the board of claims shall set a date for the hearing on such claim for relief, and the claimant may appear at the hearing if he so desires. The claimant shall be given not less than ten days' written notice of the date of the hearing, such notice to be mailed to his last-known address.
The board of claims may give relief to any claimant in the following circumstancesand subject to the following limitations:
If the board of claims is satisfied that any licenses were destroyed due to fire, flood,act of God, or any other cause beyond the control of the claimant and that destruction was not due in part to his negligence, then the board of claims may entirely relieve the claimant of the responsibility to account for such licenses or make such lesser adjustment as the board of claims may deem proper.
If the board of claims is satisfied that any licenses were either lost, stolen, or destroyed under circumstances other than those set forth in paragraph (a) of this subsection (6), the board of claims may, in its discretion, make an adjustment of the amount due for any such licenses. The board of claims, in determining what adjustment, if any, shall be allowed for any lost, stolen, or destroyed licenses, may consider the following:
Whether or not, or the extent to which, the loss was due to the negligence or carelessness of the claimant in the handling of licenses, but no adjustment shall be made in the case of gross negligence or gross carelessness upon his part;
Such other evidence as the board of claims may consider pertinent.
The board of claims, in the event that it makes any adjustment upon a claim, may, inits discretion, require the use of such protection against the possibility of future loss, theft, or destruction of licenses as it may deem proper, including, but not limited to, the posting of corporate or personal surety bonds.
It is the legislative intent of subsections (2) to (7) of this section to provide in propercases for the relief of license agents where licenses have been lost, stolen, or destroyed, which relief, however, shall be strictly construed, it being the further intent of such sections to encourage the proper and careful handling of licenses by license agents.
The commission may promulgate rules and regulations for the cash sale of licenses,at a price which is discounted five percent from the face value thereof, to license agents of the division for resale to the public at the face value stated on such a license. Only the license agents of the division in good standing may qualify to purchase and sell under this subsection (9); except that no evidence of financial responsibility shall be required to qualify under this subsection (9). A post or base exchange of the United States government located in Colorado may qualify as a license agent for the purpose of this subsection (9). Failure to comply with all applicable rules and regulations of the commission and lawful directives of the division regarding license agents shall be grounds for the suspension or termination of the license agency, and, upon suspension or termination, all unsold licenses shall be returned immediately to the division for return of cash in the amount paid by the license agent for the licenses. The commission, in connection with a program which it may adopt under this subsection (9), shall provide for redemption by the division, at least annually, of any unsold licenses in the amount paid by the license agent for such unsold licenses. The provisions of subsections (1) to (8) of this section, except the provisions of subsection (1) regarding the designation of license agents, shall not apply to licenses sold under this subsection (9).
The commission may authorize certain employees to sell licenses for the face valuethereof at the headquarters and regional offices of the division. Such employees are not entitled to five percent of the face value of the licenses and are not required to give evidence of financial responsibility. Such employees may make claims under oath for relief from responsibility for licenses or moneys which have been lost, stolen, or destroyed and for which the employees are unable to account in accordance with the provisions of subsections (4) to (8) of this section.
Any license agent who fails, upon demand of the division, to account for licenses orwho fails to pay over to the division or its authorized representative moneys received from the sales of licenses:
When the amount in question is less than two hundred dollars, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment;
When the amount in question is two hundred dollars or more, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S., which punishment shall include a fine in an amount set out in section 18-1.3-401 (1)(a)(III), C.R.S.
Source: L. 69: R&RE, p. 434, § 1. C.R.S. 1963: § 62-11-1. L. 72: p. 332, § 29. L. 73: p. 647, § 7. L. 75: (1), (3), and (4) amended and (5) added, p. 1306, § 7, effective July 14. L. 76: (3) amended, p. 311, § 57, effective May 20. L. 77: (3) and (4) amended, p. 1526, § 14, effective January 1, 1978. L. 79: (3) amended, p. 1217, § 11, effective June 21; (4) amended and (6) added, p. 1226, § 4, effective January 1, 1980. L. 83: (3) amended and (4) repealed, pp. 1289, 1291, §§ 2, 8, 9, effective January 1, 1984. L. 84: Entire section R&RE, p. 917, § 3, effective January 1, 1985. L. 85: (11)(b) amended, p. 659, § 10, effective July 1. L. 87: (1), (9), and (10) amended, p. 484, § 29, effective July 1. L. 89: (11)(b) amended, p. 847, § 122, effective July 1. L. 94: (1) amended, p. 1578, § 3, effective May 31. L. 99: (1) and (11) amended, p. 1395, § 2, effective June 4. L. 2001: (1) amended, p. 206, § 1, effective March 28. L. 2002: (11)(b) amended, p. 1543, § 292, effective October 1. L. 2005: (1) and IP(11) amended, p. 474, § 6, effective January 1, 2006.
Editor's note: This section is similar to former § 33-4-112 as it existed prior to 1984.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (11)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.