8 CCR 1202-11 Part 8 - Irrevocable Letters of Credit In Lieu Of Surety Bonds

8.1. These rules shall apply to all irrevocable letters of credit that are submitted by licensees under the Act in lieu of a surety bond required by the Act as a condition of licensure.
8.2. A licensee may submit an irrevocable letter of credit issued by a state or national bank, or by a state or federal savings and loan association doing business in Colorado, or by a bank for cooperatives organized pursuant to federal statutes, serving the region in which the state of Colorado is located, that currently meets all applicable minimum capital requirements imposed under state and/or federal law, in lieu of a surety bond required by the provisions of sections 35-36-216, C.R.S., and 35-36-304, C.R.S.
8.3. The beneficiary named in the letter of credit shall be the Colorado Commissioner of Agriculture in favor of the people of the state of Colorado. Payment shall be made immediately upon presentation of sight draft(s) signed by the Commissioner of Agriculture, or their designated representative, without accompanying supporting documentation.
8.4. All letters of credit shall conform to the Commissioner's standard letter of credit form. A standard letter of credit form is available upon request from the Division of Inspection and Consumer Services, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021 and available on the Department's website at www.colorado.gov/ag/ics.
8.5. A sight draft upon a letter of credit may be presented for payment for the reasons that surety bond proceeds may be demanded for disbursement under the provisions of Title 35, Article 36, C.R.S.
8.6. Letters of credit shall have a term of three (3) years and shall be automatically renewable for additional one (1) year term. Any authorization of a shorter time period shall be at the sole discretion of the Commissioner or designee. A letter of credit may be revoked by the licensee or issuer only at its expiration date, and by giving the Commissioner at least one hundred twenty (120) calendar days written notice prior to the expiration date. Notice is deemed to have been given as of its receipt by the Commissioner. Upon such notice timely received, the licensee shall be required to arrange for substitution of a suitable surety bond or another irrevocable letter of credit that meets the requirements of Sections 35-36-216 and 35-36-304, C.R.S., at least sixty (60) days prior to the expiration of the letter of credit. If the Commissioner does not timely receive satisfactory evidence of such arrangements, the Commissioner may proceed in accordance with the provisions of sections 35-36-205(1)(e) or 35-36-306(1)(d), C.R.S., as applicable.
8.7. If a licensee desires to surrender its license and requests the release of a letter of credit, the licensee must return its license and make written request by certified mail, return receipt requested, for the release of the letter of credit. The Commissioner shall retain the letter of credit for a period of 548 calendar days, approximately 18 months, following receipt of the written request and the returned license, or until such time that the Commissioner is satisfied that no claims against the licensee exist, before notice of release is transmitted to the issuer.
8.8. In the event that a licensee desires to substitute a surety bond for a letter of credit, then in possession of the Commissioner, the letter of credit shall remain in force for a period of 548 calendar days, approximately 18 months, following the effective date of the surety bond, or for such time as may be required to fully ascertain the existence of any claims against the licensee, whichever period is longer. Thereafter, notice of release shall be transmitted to the issuer of the letter credit.
8.9. In the event that a plurality of letters of credit from any number of issuers are presented in satisfaction of a licensee's bonding obligation, the Commissioner may satisfy claims under the applicable provisions of Title 35, Article 36, C.R.S., by presentment of sight drafts against one (1) or more such letters of credit, without regard to proration.
8.10. A licensee shall be required to augment letters of credit in any situation where it would be required to increase its coverage under a surety bond. Such augmentation shall be commensurate to the increased surety bond coverage requirement. The new letter of credit issued in the new required amount may be substituted for a prior letter upon the renewal date of the prior letter.
8.11. A licensee or prospective licensee may present any combination of letters of credit and surety bonds in satisfaction of its bonding requirement under the applicable provisions of Title 35, Article 36, C.R.S. In making disbursements for claims, the Commissioner shall draw upon the letter(s) of credit first and make demand upon surety bond(s) second.

Notes

8 CCR 1202-11 Part 8
37 CR 13, July 10, 2014, effective 7/30/2014 44 CR 13, July 10, 2021, effective 7/30/2021 44 CR 23, December 10, 2021, effective 12/30/2021

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