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Code of Colorado Regulations eDocket
Details of Tracking Number
2020-00063
CCR details
| Tracking Number |
2020-00063 |
| Type of Filing |
Permanent Rule |
| Department |
200 Department of Revenue |
| Agency |
204 Division of Motor Vehicles |
| CCR Number |
1 CCR 204-30 |
| CCR Title |
DRIVER'S LICENSE-DRIVER CONTROL |
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Proposed rule
| Notice Filed with SOS |
02/10/2020 |
| Rule |
ProposedRuleAttach2020-00063.pdf |
| Additional Information |
AddInfoAttach2020-00063.pdf |
| Statutory Authority |
Rule 1:
The statutory bases for this regulation are C.R.S. Title 24-4-103, 24-72.1-103, 42-1-204, and Title 42, Article 2, Parts 1, 2, 3, and 5
Rule 6:
The statutory bases for this regulation are sections 24-4-103, 24-72.1-102(5), 24-72.1-103, 42-1-204, 42-2-107, 42-2-108, and 42-2-302, C.R.S. |
| Description of Subjects/Issues |
On January 1, 2019, 5818·108 "Eligibility for Colorado Road and Community Safety Act" was implemented. The bill allowed the Driver License Section to issue duplicate driver licenses and Identification cards to adults. Previously only minors were allowed to get duplicates and adults were forced to renew their documents. Both 204-30 Rule 1 and Rule 6 were updated to reflect this change.
In creating the language for both rules we met with the Motor Vehicle Investigations Unit (MVIU) to address the potential of fraud associated with unlimited duplicates available for customers. It was decided that "only two duplicate credentials may be issued per renewal period unless additional duplicates are approved by the Department" and this language was put into both rules. The rational was that three or more duplicates would require a manager override and a report could be sent to MVIU to look for possible fraud. A monthly report is generated listing those applicants that meet that threshold.
In August of 2019 OLLS advised that the sections in both Rule 1 and Rule 6 that limit the number of duplicate credentials a person can be issued by the Department is not supported by statute and would need to be changed or removed.
To Correct the issue Rule 1 and Rule 6 are being updated to reflect that applicants can receive unlimited duplicates. |
| Purpose/Objective of Rule |
Rule 1 The purpose of this rule is to set forth regulations for application and issuance of driver’s licenses, minor driver’s licenses, instruction permits and identification cards for individuals who cannot demonstrate lawful presence in the United States and for individuals who can demonstrate temporary lawful presence in the United States. These regulations establish the source documents that are acceptable to establish identity, date of birth, Colorado residency, and, as applicable, temporary lawful presence.
Rule 6
The purpose of this rule is to set forth regulations for the types of documents the Department will accept as proof of the applicant’s identity, date of birth, social security number, residency, and U.S. citizenship or permanent lawful presence when applying for a driver’s license or identification card. Additionally, this rule describes the process the applicant will be required to follow for completing the application and what will occur if an application is incomplete or denied, including the process the applicant may use to request a hearing if their application is denied. |
| Comments |
Jery Payne from the Office of Legislative Legal Services (OLLS). He advised me that the sections in both Rule 1 and Rule 6 that limit the number of duplicate credentials a person can be issued by the Department is not supported by statute and would need to be changed or removed. |
| Submitted in response to issues raised by COLS/OLLS? |
Yes
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
03/16/2020 |
| Hearing Time |
10:00 AM |
| Hearing Location |
1881 Pierce Street, Lakewood, CO 80214 Room 110 |
| Contact Name |
Robert Baker |
| Contact Title |
Administrative Services Manager |
| Contact Telephone |
303-913-5232 |
| Contact email |
robertm.baker@state.co.us |
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Adopted rule
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