The 35 day rule applies to anyone in the state selling as an MMC under HB1284. For the DoR's position letter, click this link:
http://www.colorado.gov/cs/Satellite...name=REWrapper

You're not legal from the day your rec is signed, but you can present an affirmative defense under Amendment 20. Since MMC legality doesn't fall under A20, but rather HB1284, you're illegally purchasing in those first 35 days and technically, they shouldn't be selling to you.

It's fairly cut and dry, I'm surprised so many of you weren't aware of this.