(1) A person who has sufficiently good moral character to carry on the business stated in the application, subject to section 24-5-101, C.R.S., who has the ability to weigh accurately, make correct weight certificates, and who has received from the commissioner a certificate of certified weigher may use the title of and shall be authorized to act as a certified weigher.
An application for a certificate of certified weigher shall be made upon a form provided by the commissioner. The application shall include evidence that the applicant has the qualifications required by subsection (1) of this section.
The commissioner may adopt rules for determining the qualifications of the applicantfor a license as a certified weigher. For the purpose of determining qualifications of the applicant, the commissioner may approve the qualifications of the applicant upon the basis of the information supplied in the application or he may examine such applicant orally or in writing or both. He shall grant certificates of certified weigher to such applicants as may be found to possess the qualifications required by subsection (1) of this section. The commissioner shall keep a record of all such applicants and of all certificates issued.
The commissioner may, upon request and without charge, issue a limited certification as a certified weigher to any qualified officer or employee of a municipality or county of this state or of a state commission, board, institution, or agency authorizing such officer or employee to act as a certified weigher only within the scope of his official employment.
All certificates of certified weighers in existence as of June 30, 2009, shall expirefive years after issuance. All certificates issued on or after July 1, 2009, shall expire on the date specified by the commissioner by rule. A certified weigher who fails to renew a certificate on or before the expiration date of the certificate shall pay a late fee, as established by the commission, in addition to the certificate fee. Renewal applications shall be in such form as the commissioner shall prescribe.
The following persons shall be permitted, but shall not be required, to obtain certification as certified weigher:
A weights and measures officer when acting within the scope of his official duties;
A person weighing property, produce, commodities, or articles that he or his employer, if any, is buying or selling; and
A person weighing property, produce, commodities, or articles in conformity withthe requirements of federal law or the laws of this state relative to warehousemen or processors.
(7) The commissioner, in accordance with section 24-4-104, C.R.S., may suspend, deny, revoke, restrict, place on probation, or refuse to renew the certificate of any certified weigher or applicant for such certificate if such certified weigher or applicant has been convicted in any court of competent jurisdiction of violating any provision of this article or if the commissioner is satisfied that the person has violated any provision of this article.
Source: L. 83: Entire article R&RE, p. 1348, § 1, effective July 1. L. 95: (1) and (7) amended, p. 896, § 7, effective July 1. L. 2009: (5) amended, (SB 09-113), ch. 88, p. 330, § 17, effective April 2.
Editor's note: This section is repealed, effective September 1, 2028, pursuant to § 35-14134.