8 CCR 1201-18, pt. 9 - Statements of Basis, Specific Statutory Authority and Purpose
The Colorado State Agricultural Commission adopts these rules pursuant to Section C.R.S. 35-42-106.
The purpose of rule 1 is to inform the State Veterinarian's Office before any animal is impounded, and to protect the owner from having his animal(s) unnecessarily impounded, or to require an owner to post bond for an unnecessary impoundment.
The purpose of rule 2 is to have minimum education/experience requirements for BAP commission applicants.
The purpose of rule 3 is to provide choices in disciplinary action, other than commission revocation, for any problem that may arise regarding legal authority.
The Commissioner of Agriculture adopts these rules pursuant to § 35-42-106, C.R.S.
The purpose of rule 4 is to establish reporting requirements to aid the Bureau of Animal Protection in compiling accurate statistics to be reported to the Commissioner of Agriculture and other entities as requested. These statistics reflect work done by all agents of the Bureau as commissioned law enforcement officers as defined in § 35-42-107, C.R.S.
The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at § 35-42-106, C.R.S.
The purpose of these Rules is to identify and articulate the Commissioner's authority with regard to administration of the Animal Protection Act. This Rule establishes how the Commissioner's authority is to be exercised with regard to assessment, inspection, and investigation of companion animals and of livestock. This Rule further establishes the processes and procedures in place for such inspections and investigations related to potential violations of the Animal Protection Act. Additionally, this Rule sets forth the training requirements and continuing education for individuals who desire to be agents and who are currently agents of the Bureau of Animal Protection. Finally, this Rule establishes the statistics that the Commissioner requires be kept with regard to enforcement of this Animal Protection Act and the manner by which those statistics must be reported to the Commissioner.
The Rules previously adopted pursuant to the Animal Protection Act had not been revised or updated since 2007. This rule-making completely replaces those Rules with updated, more user-friendly, and expanded Rules for enforcement of the Animal Protection Act.
The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at § 35-42-106, C.R.S.
The purpose of this Rule is to make the statistics required for submission by Part 5 consistent with the definition of statistics as set forth in Part 1. This remedy not only streamlines reporting, but will more accurately capture how each unique agency utilizes the Commissioner's authority. In addition, because there is no substantive need for agents to return expired BAP commission cards to CDA that requirement is eliminated.
The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at § 35-42-106, C.R.S.
The purpose of this rulemaking is to update the rule and to harmonize it with statutory amendments made to section 35-42-107(4), C.R.S., during the 2020 legislative session (SB 20-104).
The changes to the rule define the investigative authorities of commissioned agents and remove distinctions related to inspections and assessments that had become unnecessary. The revisions to the rule remove unnecessary definitions, highlight the primary authorities of commissioned agents, distinguish which agents may investigate cases related to livestock consistent with the statutory restrictions, and clarify investigative authorities. Because revisions to 35-42-107(4), C.R.S., clarify that commissioned agents may investigate and issue misdemeanor summons and complaints to enforce the provisions of 18-9-201, et seq., the Department removed reference to unlawful ownership of a dangerous dog to avoid any appearance that the Department was selecting or limiting what provisions of 18-9-201, et seq., the agents could investigate for purposes of issuing misdemeanor summons and complaints.
The agency has also adjusted the statistics that the Commissioner will require agencies that employ agents report to the Commissioner. The revised statistics will inform the Commissioner's understanding of the work BAP agents are doing in the field as agents of the Commissioner. In addition, this rule now identifies specific training necessary for an agent to receive an equine endorsement.
Changes to this rule provide specificity related to the Commissioner's authority to place a commission in an inactive status, to reinstate a commission, and to revoke a commission should an agent fail to update the Commissioner with information related to a change in employment. Finally, due to limited training opportunities during the 2020 calendar year as a result of COVID-19, this Rule exempts the 2020 calendar year from an agent's two-year continuing education accrual cycle.
The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at § 35-42-106, C.R.S.
The purpose of this rulemaking is to streamline the training, continuing education, renewal process, and statistics reporting for BAP agents.
This rule change extends the period that a commission is valid from one to two years, which coincides with the two-year period for continuing education. While the statute prescribes that a commission shall expire on the anniversary date of issuance, there is no statutory requirement that this be on the annual anniversary of the commission. The Department's analysis concluded that extending a commission from one to two years will also result in a cost savings to the Department and commissioned agents.
This rule change also introduces a new requirement for first-time agents and agents who have not been commissioned during the previous two years. The rule will now require that such agents coordinate with the Department prior to and during at least one investigation during the first six months of a new commission. The Department, in consultation with stakeholders, determined that this coordination would enhance communication, build a working relationship between the Department and agents in the field, provide hands-on mentorship and guidance to new agents, and provide the Department with a better understanding of challenges agents face and how the Department can best support them.
This rule change also identifies specific training that the Department will require as part of the 32 hours of continuing education. With input from industry and stakeholders, the Department concluded that identifying specific areas of training would enhance agents' overall knowledge, competence, and efficacy in the field.
Finally, the Department has also expanded the statistics that agents are required to report to the Commissioner to include that agents must submit a case report for each investigation conducted pursuant to part 2.1 of this rule set- civil investigations of allegations of mistreatment, neglect, or abandonment. Such a report must be made within one month after an agent closes any such case. This additional information will inform the Department's understanding of the work agents are doing in the field as the Commissioner's commissioned agents.
The Department received and considered testimony that some agents will not conduct an investigation during the first six months of a new commission. The Department, therefore, has amended 4.2 to include the additional option of coordination on an agent's first investigation undertaken using their BAP authority.
Notes
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