|Case Date:||October 13, 1987|
Colorado Attorney General Opinions 1987. AGO 87-9. October 13, 1987Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 87-9 AG Alpha No.AG BI AGAQG Peter R. Decker Commissioner of Agriculture Colorado Department of Agriculture 1525 Sherman, Room 406 Denver, Colorado 80203 RE: Appointing authority for the Colorado Brand Commissioner and the administrative authority of the State Board of Stock Inspection CommissionersDear Commissioner Decker: This letter is in response to your request of August 5, 1987, for an Attorney General's opinion regarding the appointing authority for the Colorado Brand Commissioner and the administrative authority of the State Board of Stock Inspection Commissioners. QUESTIONS PRESENTED AND CONCLUSIONS Your request for an Attorney General's opinion presents the following questions: Who is the appointing authority for the Colorado Brand Commissioner? The Commissioner of Agriculture. Does article XII, section 13(7) of the Colorado Constitution affect the authority of the State Board of Stock Inspection Commissioners to administer funds pursuant to sections 35-41-102 and 103, C.R.S. (1984)? No. ANALYSIS The Brand Commissioner is the head of the Division of Brand Inspection of Colorado Department of Agriculture. Section 24-1-123(4)(g)(I), C.R.S. (1982). By statute he is "subject to the state personnel system laws" and is to be appointed by the State Board of Stock Inspection Commissioners. Section 35-41-101(2), C.R.S. (1984). Article XII, section 13(7) of the Colorado Constitution, however, makes the "head of each principal department the appointing authority for ... heads of divisions within the personnel system, ranking next below the head of such department...." The head of the Department of Agriculture is, of course, the Commissioner of Agriculture. Section 24-1-123(1), C.R.S...
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