Colorado Motor Vehicle Dealer Board
1 CCR 205-2
PROPOSED NEW REGULATIONS

Proposed New Regulation 12-6-517(7)(d)

PROPOSED NEW REGULATION:

12-6-517 (7) (d)
1.	The board hereby delegates to the board’s executive secretary the authority to execute all actions within the authority of the board respective to the Pre-licensing Education Program.
2.	The executive secretary shall provide public notice a) immediately after the effective date of these rules, and b) once every year thereafter, by means of publication on the board’s website, which public notice shall contain a general description of the Pre-licensing Education Program requirements and shall indicate the procedures by which interested persons may apply to obtain approval from the executive secretary to provide a Pre-licensing Education Program.
3.	The executive secretary shall evaluate each Pre-licensing Education Program application for compliance with the requirements of the relevant statutes and rules.
4.	An approval of a Pre-licensing Education Program is for a period of one year from the date of approval.
5.	A Pre-licensing Education Program Provider can reapply by means of an updated application for an approval of its program in subsequent years.
6.	The executive secretary shall, by means of a Letter of Approval, within thirty (30) days of the executive secretary’s receipt of either 1) an initial application for an approval of a prospective Pre-licensing Education Program Provider or 2) a subsequent application for a renewal of an existing approval of a Pre-licensing Education Program Provider, notify any applicant, whose Pre-licensing Education Program has been approved in its initial or a subsequent term, of the specific dates of the one-year term of the approval and of the procedures to apply to renew the approval for subsequent one-year terms.
7.	The executive secretary shall, by means of a Letter of Denial, within thirty (30) days of the executive secretary’s receipt of either 1) an initial application for an approval of a prospective Pre-licensing Education Program Provider or 2) a subsequent application for a renewal of an existing approval of a Pre-licensing Education Program Provider, notify any applicant, whose Pre-licensing Education Program has been denied in its initial or a subsequent term, of the basis and reasons for the denial and the procedure to follow to appeal the denial to the board.
8.	Any recipient of a Letter of Denial shall have the right to appeal that denial to the board by means of a request for a hearing in writing within sixty (60) days after notice of the denial.
9.	Any approved Pre-licensing Education Program Provider or prior approved Pre-licensing Education Program Provider may bring to the board a complaint or concern about the administration of the program application and approval process.  The Provider must first seek to resolve the matter with the executive secretary.  The Provider may bring its complaint or concern to the board by means of a request in writing within thirty (30) days of the failure of the Provider’s efforts to resolve the matter with the executive secretary.
10.	The executive secretary shall provide to the board the name of each approved Pre-licensing Education Program Provider and the term of approval for that Provider.
11.	The executive secretary shall post on the board’s website a list of the names, addresses, and contact information, as provided to the executive secretary, for each approved Pre-licensing Education Program Provider, showing the term of approval for each Provider and the geographic scope of each Provider’s program.
12.	An approved Pre-licensing Education Program Provider that intends to cease operations must provide the executive secretary with a written notice of cessation of its Pre-licensing Education Program at least 180 days in advance of the last date on which the Pre-licensing Education Program Provider will provide instruction in its Pre-licensing Education Program.
13.	An approved Pre-licensing Education Program Provider shall maintain a place of business in the state of Colorado.
14.	An approved Pre-licensing Education Program Provider shall maintain the following records at its Colorado place of business for a period of at least three (3) years from the date of the instruction of any participant:  1) the specific curriculum administered; 2) the specific handouts or other ancillary teaching materials provided or available to the participant; 3) the specific validation test or tests used; 4) the registration data for each participant, showing the participant’s name, business association, date of participation, and means by which the participant was identified; 5) the specific validation test result(s) for the given participant; 6) the name of the instructor or other program authority who administered the program to the participant; and, 7) a copy of the completion certificate provided to the participant.
15.	The executive secretary shall have the authority as a matter of routine compliance investigation, or upon the receipt of a specific complaint, to perform an investigation of the activities of a Pre-licensing Education Program Provider.
16.	The executive secretary shall have the authority to obtain copies at no cost to the State of all materials utilized in or related to a Pre-licensing Education Program, including, but not limited to, the records of a Pre-licensing Education Program Provider respective to any or all persons who have participated in the Provider’s program.
17.	Procedures for the suspension or revocation of the approval of a Pre-licensing Education Program Provider shall be in accordance with sections 24-4-104 and 24-4-105, C.R.S.     

Proposed New Regulation 12-6-517(7)(f)(I)

PROPOSED NEW REGULATION:

Regulation 12-6-517(7)(f)(I)

The Pre-Licensing Education Program shall include in its content, federal and Colorado state laws and federal and Colorado state regulations governing powersports vehicle dealers. The education curriculum shall contain without limitation titles 4, 5, 6, 12, 18, 39, and 42 of the Colorado Revised Statutes applicable to powersports vehicle dealers and powersports  vehicle sales and Federal Laws and Rules applicable to powersports vehicle dealers and powersports vehicle sales.

Proposed New Regulation 12-6-517(7)(f)(II)

PROPOSED NEW REGULATION:

Regulation 12-6-517 (7) (f) (II)
 
1.	An application from a prospective Pre-licensing Education Program Provider or a renewal application of a prior-approved Pre-licensing Education Program Provider must contain each of the following items:
a.	Identifying information, to include the applicant’s full legal name, the mailing address of its Colorado place of business, telephone number(s), email address(es), if any, and website addresses, if any.  Addresses in addition to that of the Colorado place of business may also be provided, although communications will go to the Colorado place of business only.
b.	Contact information, to include the name and title of any individual(s) who have authority to speak on behalf of the applicant.
c.	A Pre-licensing Education Program Proposal for the delivery of the required education.  The Proposal must include each of the following items, but may include additional items:  1) the manner of completing the eight (8) required hours of classroom instruction; 2) a detailed outline of curriculum (or full course materials, if available); 3) the full legal names and dates of birth of all instructors, teachers, and curriculum preparers, and their respective educational credentials (faculty additions and changes may later be made, subject to approval by the executive secretary); 4) routine educational materials, if any, which will be made available to program participants as part of the pre-licensing education program either prior to, during, or subsequent to the classroom attendance time; 5) optional educational materials, if any, which will be made available to program participants as supplements, enhancements, or enrichments in addition to routine educational materials; 6) the testing protocols and baselines of achievement that will be used to ensure that a program participant has learned what the program is required by law to teach; and, 7) the methods that the Pre-licensing Education Program Provider will consistently use a) to establish the identity of each participant in the Pre-licensing Education Program and b) to verify that any test or examination validating achievement in the Pre-licensing Education Program is taken by the individual participant whose identity had been established and not by another person.
2.	The provider of a Pre-licensing Education Program must have a minimum of three (3) years experience in the regulation and enforcement of state and federal laws governing motor vehicle dealers and/or powersports vehicle dealers and motor vehicle and/or powersports vehicle sales, or have three (3) years experience as an instructor working for an approved Pre-licensing Education Program provider.
3.	The executive secretary shall require additional information from any applicant, in the event that the application is deficient with regard to any of the noted materials, or in the event that more information is needed to reach a decision on the application.

Proposed New Regulation 12-6-517(7)(f)(III)

PROPOSED NEW REGULATION:

Regulation 12-6-517 (7) (f) (III)

1.	A Pre-licensing Education Program Provider must maintain an educational site, or sites, appropriate to classroom instruction.
2.	A Pre-licensing Education Program Provider must ensure the integrity of its educational materials and the instructional records of its participants, each being subject to inspection by the executive secretary.
3.	The executive secretary will evaluate each prospective Pre-licensing Education Program Provider and each prior-approved Pre-licensing Education Program Provider reapplying for program approval with regard to the above criteria. 

Proposed New Regulation 12-6-517(7)(f)(IV)

PROPOSED NEW REGULATION:

Regulation 12-6-517 (7) (f) (IV)

1.	The methods of instruction may vary according to the approved Pre-licensing Education Program approved for any given Pre-licensing Education Program Provider, and may include within the eight-hour classroom instruction limitation:  1) traditional or non-traditional classroom instruction geared to adult learners, with testing validation; and, 2) CD or DVD instruction, with provisions for testing validation.
2.	The methods of instruction actually used must match those that were approved through the application process.

Proposed New Regulation 12-6-517(7)(g)

PROPOSED NEW REGULATION:

Regulation 12-6-517 (7)(g)

An approved Pre-licensing Education Program Provider shall issue a Program-completion Certificate to each person who successfully completes an approved Pre-licensing Education Program.  The Certificate shall be on a form approved by the Executive Secretary and shall be issued within ten (10) days of successful completion of the Pre-licensing Education Program.

Proposed New Regulation 12-6-517(7)(h)

PROPOSED NEW REGULATION:

Regulation 12-6-517 (7)(h)

An approved Pre-licensing Education Program Provider shall submit to the executive secretary a copy of the Program-completion Certificate for each person, who has successfully completed the approved Pre-licensing Education Program within the approved program standards, within ten (10) days of the completion of the approved program.  The copy of the Program-completion Certificate may be sent by mail, by fax, or by email.