2 Colo. Code Regs. § 406-16-1664

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-16-1664 - DIVISION AGENT STATUS

A. Termination of Agents

1. Division Agent Termination

a. Division agents who wish to terminate their agency shall notify the Division in advance of such termination and the effective date; and shall reconcile with the Division as follows:

(1) All revenues due must be deposited in the agent account and all accountable inventory shall be returned to the Division, to the location or in the manner designated, within 10 business days after the termination date.

(2) Agents which have purchased their POS terminal must allow the Division or its system agent to remove the integrated system software from the POS terminal within 3 business days after notification of the effective date of the termination.

B. Transfer of Agencies

1. Division Agency Transfer

a. Whenever a Division agent is to be sold, leased, or transferred in any manner, the new owner or person having control of the business may file an application to become a new Division agent. The new agent must qualify to be an agent and independently comply with all other provisions of the statutes and these regulations.

C. Suspension and Cancellation of Agencies

See also §§ 24-4-104 C.R.S. for applicable statutes concerning appeals process.

1. Failure to Comply with Performance Standards

a. General Performance Standards

i. Failure of a Division agent to comply with applicable rules and regulations of the Parks and Wildlife Commission or any lawful directives of the Director of Colorado Parks and Wildlife shall be grounds for an agent being declared delinquent, or for the suspension or cancellation of the Division agent.

ii. When an agent does not comply with performance standards other than surety bond and payment of revenue, the agent shall be notified of the problem and the steps required to correct it. Any failure to correct the problem is grounds for revocation suspension, annulment, limitation, or modification of a Division agent.

b. Performance Standards for Surety and Monies Due the Division

i. When, through agent error, the Division does not receive ACH revenues due to it, the following actions shall be taken:

(1) For the first failed ACH transaction within a twelve-month period, the agent shall be notified of a new date for an ACH transaction and shall deposit the required amount of funds in the agent account by that date.

(2) For a second failed ACH transaction within the same twelve-month period, the agent's POS terminal shall be disabled until the funds, including any interest due, have been received. The agent shall be notified of the date for another ACH transaction and shall deposit the required amount of funds in the agent account by that date.

(3) For a third failed ACH transaction within the same twelve-month period, the agent's POS terminal shall be disabled and the agent may be revoked. All funds due the Division must be immediately remitted to the Division in certified funds.

ii. When an agent's surety bond is not current, the agent shall be notified of the need to provide a current certificate and shall have fifteen business days to provide the required proof. The agent's POS terminal shall be disabled until the certificate is received. If no bond certificate is received, the agent may be revoked.

c. Consolidated Agent Suspension or Revocation

i. One or more outlets (stores) of a consolidated agency may be suspended or revoked without suspension or revocation of the entire agency.

2 CCR 406-16-1664

47 CR 11, June 10, 2024, effective 7/1/2024

47 CR 23, December 10, 2024, effective 1/1/2025