(1) (a) The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding:
Financial assurance requirements, including a schedule for applicants to file a bondwith the commissioner;
Requirements for maintaining records;
Initial and renewal license requirements;
Requirements for credit sale contracts;
Requirements for warehouse operations; and
The capacity of animal feeding operations for purposes of this article 36.
(b) (I) Before the commissioner promulgates the rules listed in subsection (1)(a) of this section, the department shall convene a stakeholders' group as soon as practicable to work on drafting the rules. The stakeholders' group must include:
One or more commodity handlers who purchase less than two hundred fifty thousand dollars worth of commodities and farm products each year;
One or more commodity handlers who purchase two hundred fifty thousand dollarsworth or more of commodities and farm products each year;
One or more small-volume dealers;
One or more dealers;
One or more agricultural trade associations represented in the state; and
Any other person that the commissioner deems necessary to include.
(II) This subsection (1)(b) is repealed, effective September 1, 2021.
The commissioner is the enforcing authority of this article 36, and the commissioneror the commissioner's authorized representative has free and unimpeded access to all places of business and all business records of a licensee licensed under part 2 or part 3 of this article 36 that are pertinent to any proper inquiry in the administration of this article 36. Any person in whom the enforcement of this article 36 is vested has the power of a peace officer as to the enforcement.
The commissioner may delegate the commissioner's powers and duties set forth inthis article 36 to qualified employees of the department.
Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 721, § 2, effective June 29.
Editor's note: This section is similar to former §§ 35-36-111, 35- 37-116 (1), and 35-37120 as they existed prior to 2020.