The following regulations to do with the recording and
transfer of brands were passed by the State Board of Stock Inspection December
1, 1967, and are hereby presented to the Attorney General's Office for
approval:
1. Transfer of brand
cannot be completed without notarized signature of the recorded owner,
administrator of the estate, or other court approved authorities, together with
the notarized signature of the new owner.
2. Any change in name of recorded owner of
brand, while all parties involved are alive and competent, must be made by
regular notaried transfer of title.
3. If a brand has been recorded to two or
more individuals as partners or joint owners, in case of proven death of one or
more owners, the brand can be carried in the survivor's name after proof of
estate being settled is furnished.
4. All delinquent and current brand tax
assessments must be paid before a brand can be reinstated as an active brand.
Brand tax prior to the current assessment shall not be accepted in cases where
the recorded owner is deceased.
5.
Before any delinquent brand can be reinstated or reissued, the brand must be
checked against conflicting brands the same as if it was a new issue and shall
not be reissued or reinstated if it is found to conflict with any recorded
brand.
6. A brand may not be
recorded to a family name without showing the surnames of owners. The same
shall apply to brands recorded to companies and corporations. In this case, the
signature of the secretary- treasurer, and/or the officer in charge must be
shown on the recorded brand certificate.
7. Applicants desiring to record new brands
may apply by mail or in person at this office to request and discuss characters
desired. Action will be taken on requests within ten days. Only in justifiable
emergencies, may brand issue be completed at the time of application.
These rules and regulations have been approved by the State
Board of Stock Inspection Commissioners.
STATE BOARD OF STOCK INSPECTION COMMISSIONERS
Earl Brown, Brand Commissioner
The following regulations to govern the operation of all
licensed public livestock markets in Colorado were passed by the State Board of
Stock Inspection December 1, 1967 and are hereby presented to the Attorney
General's office for correction or approval.
1. Consignment Cards. The long form that
lists more than one sale lot is favored and highly recommended. The use of the
short form or scale ticket type which lists only one sale lot will be permitted
only when completed by the market operator and left attached to the gate of the
pen that contains the cattle that are listed for sale on said consignment
card.
2. Cattle must be sorted as
they are to be sold and each sale lot to be identified by either individual lot
pen number or by tag number before being inspected for brands. After being
brand inspected each lot must be left intact for sale unless change is approved
by brand inspector.
3. An account
of purchase or bill of sale furnished to the buyer of livestock by a public
livestock market licensed by the State Board of Stock Inspection Commissioners
shall contain the following information:
1. Name or bonded trade name of the purchaser
of livestock.
2. Name or bonded
trade name of the seller of livestock or an imprinted consignment card number
that identifies the seller of livestock.
3. Date of purchase. 4. Description of the
livestock sold, listing weight, cost, tag numbers which the public livestock
market applies, and the brands or nobrands listed by the brand inspector. 5.
Original copy of the purchase invoice, to be identified with the word
"original" in red, furnished by the public livestock market to the purchaser of
livestock as a bill of sale.
4.
Shall not yard more than twenty-five cattle belonging to more than five
consignors in any one pen. Bulls must be inspected before they are put in
individual stalls.
5. All livestock
that are yarded and prepared to go through auction shall be inspected for
brands and the fee collected regardless of whether or not the livestock are
sold. Also livestock inspected for brands and for any reason not sold and
remain at the market until a later auction, must be inspected when offered for
sale again and the brand inspection fee shall be collected.
STATE BOARD OF STOCK INSPECTION COMMISSIONERS
Earl Brown, Brand Commissioner
The Rules pertaining to the Administration and
Enforcement of the Colorado Public Livestock
Markets Act, §
35-55-101 - 119, C.R.S. are hereby
amended on a permanent basis by the State Board of Stock Inspection
Commissioners on November 8, 2006.
Each individual or sole proprietor who applies for a license to
operate a public livestock market must provide all documentation required by
the Commissioner to verify lawful presence in the United States in accordance
with Section
24-76.5-103, C.R.S. Failure to
provide such documentation in the manner specified by the Commissioner shall be
grounds for denial of an application for such license or for renewal
thereof.
Statement of Basis, Specific Statutory Authority and Purpose
for rules adopted October 11, 2006- effective October 11, 2006.
Statutory Authority:
This emergency amendment to the rules pertaining to the
administration of the Colorado Public Livestock Markets Act, §
§
35-55-101 - 119, C.R.S., is
proposed for adoption by the State Board of Stock Inspection Commissioners
pursuant to its authority in section
35-60-106, C.R.S.
Purpose:
The purposes of this emergency rule are as follows:
1. To specify in rule that all individuals
and sole proprietors who apply for a Public Livestock Markets license must
satisfy the verification documentation requirements of section
24-76.5-103, C.R.S., as enacted in
House Bill 06S-1023.
2. To notify
applicants of the legal consequences of failure to comply with the verification
documentation requirements of section
24-76.5-103, C.R.S.
Factual Basis:
1. On
August 1, 2006, section
24-76.5-103, C.R.S., took effect
following its enactment in House Bill 06S-1023 by the General Assembly in the
July, 2006, special legislative session.
2. Currently, neither the Public Livestock
Markets Act nor its associate rules specify that individuals and sole
proprietors who apply for registrations must comply with the verification
documentation requirements of section
24-76.5-103, C.R.S.
3. This emergency rule is necessary to
provide the State Board of Stock Inspection Commissioners with specific legal
authority to deny applications for registration or renewal of existing
registrations from individuals and sole proprietors who do not provide
sufficient documentation to comply with section
24-76.5-103, C.R.S.
4. This emergency rule is necessary to
fulfill the purposes described above prior to the adoption of permanent rules
to that effect.
Statement of Basis, Specific Statutory Authority and Purpose
for rules adopted November 8, 2006- effective January 1, 2007.
Statutory Authority:
This permanent amendment to the rules pertaining to the
administration of the Colorado Public Livestock Markets Act, §
§
35-55-101 - 119, C.R.S., is
proposed for adoption by the State Board of Stock Inspection Commissioners
pursuant to its authority in section
35-60-106, C.R.S.
Purpose:
1. To specify
in a permanent rule that all individuals and sole proprietors who apply for a
Public Livestock Markets license must satisfy the verification documentation
requirements of section
24-76.5-103, C.R.S., as enacted in
House Bill 06S-1023.
2. To notify
applicants of the legal consequences of failure to comply with the verification
documentation requirements of section
24-76.5-103, C.R.S.
Factual Basis:
1. This
permanent rule is necessary to provide the State Board of Stock Inspection
Commissioners with specific legal authority, following the expiration of the
emergency rule adopted on October 11, 2006, to deny applications for
registration or renewal of existing registrations from individuals and sole
proprietors who do not provide sufficient documentation to comply with section
24-76.5-103, C.R.S.
2. This permanent rule is necessary to make
permanent the provisions of the emergency rules adopted by the State Board of
Stock Inspection Commissioners on October 11, 2006.
These regulations were passed by the State Board of Stock
Inspection on March 15, 1966 and are hereby presented to the Attorney General's
Office for approval:
TO ALL EMPLOYEES:
SUBJECT: Departmental Rules & Procedures Governing Outside
Employment of State Board of Stock Inspection Employees.
The following rules and procedures governing compatible
employment of employees of the State Board of Stock Inspection Commissioners
have been approved by the Civil Service Commission as of March 7, 1966:
Employees of the State Board of Stock Inspection - - -
1. Shall not buy and sell cattle, horses,
mules or burros for trading or speculating purposes, but they may maintain a
breeding herd or own steers or heifers for seasonal grazing or feeding
purposes.
2. Shall not inspect
cattle, horses, mules or burros that they own or have a financial interest in
when a change of ownership or removal from the state is involved.
3. Shall not be employed by or have a
financial interest in a public livestock market, a livestock brokerage
business, meat processing plant, meat storage locker or butcher and
slaughterer's business, nor lend their name or solicit business without
compensation for the above described establishments. Ownership of packing
company stock listed with a recognized stock exchange or a brokerage company
excepted.
4. Any Department
employee who engages in employment which is contrary to State Board of Stock
Inspection, Civil Service approved rules or regulations, or who persists in
pursuing employment which has been disapproved, shall be subject to suspension
or dismissal from the State Service.
STATE BOARD OF STOCK INSPECTION COMMISSIONERS
Earl Brown, Brand Commissioner
Regulations 1, 2 and 3, to do with office procedure and
No. 4, to do with brand inspection, were passed by the State Board of Stock
Inspection October 17, 1967, and are hereby presented to the Attorney General's
Office for approval:
1. No
inspector's mileage expense accounts be approved for payment before it could be
checked against the report that covers the mileage expense involved.
2. Brand inspector's reports and the fees due
according to the report, be in this office not later than the fifteenth of the
following month.
3. A bank account
under the name of the State Board of Stock Inspection Commissioners be
established in all full time brand inspector districts for deposit of brand
inspection fees and net proceeds of sale for estrays sold. Any check drawn
against these accounts must be made payable only to the State Board of Stock
Inspection Commissioners. Special brand inspectors whose average yearly fees
amount to $20.00 per month shall follow the same procedure. Special brand
inspectors whose average yearly fees amount to less than $240.00 or $20.00 per
month shall remit periodically by money order or other suitable method as
prescribed by the Board.
4. The
following procedure to do with brand inspection and the collection of brand
inspection fees:
Cattle purchased by an established slaughterer or meat packer
at a Colorado licensed public livestock market and taken directly to the
packing house for slaughter shall not under ordinary circumstances be subject
to a reinspection for brands nor collection of the brand inspection fee. The
same applies to cattle purchased by the packer direct from the cattle feeder
that are inspected at point of origin by a duly authorized brand inspector who
has issued an official brand certificate and collected the prescribed brand
inspection fee. Cattle purchased under the above described conditions that are
stopped within Colorado while in transit and exposed to other cattle shall be
subject to inspection for brands by a Colorado brand inspector who shall
collect the prescribed Colorado brand inspection fee.
