DEPARTMENT OF REVENUE
Division of Motor Vehicles – Titles and Registrations Section
1 CCR 204-14
FALLEN SERVICE MEMBER LICENSE PLATES
BASIS :	This regulation is promulgated under the authority of §42-1-102 (24), §42-1-102 (24.5), §42-1-204, 42-3-213 (1) (a) (XIV), §42-3-213 (1) (f) and §42-3-213 (15) CRS. 
PURPOSE:	The purpose of this regulation is to establish a process to be followed for the issuance of the Fallen Service Member license plate.
1.0	Definitions
1.1	“Fallen Service Member license plate” – means a distinctive special license plate that honors service in the armed forces of the United States, and may be issued to an authorized family member of a person who has died in the line of duty while serving in the United States Armed Forces while deployed to a combat zone.
1.2	“Distinctive special license plate” – means a special license plate that is issued to a person because such person has an immutable characteristic or special achievement honor.  Such special achievement honor shall not include a common achievement such as graduating from an institution of higher education.  Such special achievement shall include honorable service in the armed forces of the United States.  Distinctive special license plate shall include a license plate that is issued to a person or the person’s family to honor such person’s service in the armed forces.
1.3	“Authorized Family Member” – means the current or past spouse, child, sibling, grandparent, or parent of a person who has died in the line of duty while serving in the United States Armed Forces while deployed to a combat zone.
1.4	“Department” means the department of revenue of this state acting directly or through its duly authorized officers and agents.     
2.0	Requirements
2.1	Eligibility for the authorization for issuance of a Fallen Service Member license plate is based on an application process.
A.	The applicant must provide documentation to the department’s Registration Section indicating that the service member being honored by the issuance of a Fallen Service Member license plate was serving in the U.S. Armed Forces and died in the line of duty while deployed to a combat zone.
B.	The applicant must provide documentation to the department’s Registration Section indicating that they are an authorized family member of the service member identified in regulation 2.1A.
2.2	Vehicles eligible for Fallen Service Member license plates shall be limited to trucks that do not exceed sixteen thousand pounds empty weight, passenger cars, motorcycles, or noncommercial or recreational vehicles.
2.3	Natural persons eligible for Fallen Service Member license plates shall be the current or past spouse, child, sibling, grandparent, or parent of the fallen service member that was serving in the U.S. Armed Forces and died in the line of duty while deployed to a combat zone.  The term “child” shall include adopted children and the term “parent” shall include parents of adopted children.  
2.4	The list of persons not eligible for Fallen Service Member license plates includes but is not limited to foster parents, foster children, step parents, step children, aunts, uncles, nieces, nephews, cousins, fiancés, fiancées, friends or associates of the fallen service member or of the approved applicant.
2.5	The type of Fallen Service Member license plate issued to the certified and approved applicant will be based on the corresponding service in which the fallen service member was serving when he or she died in the line of duty in a combat zone.  The approved Fallen Service Member license plates are designated as Fallen Airman (Air Force), Fallen Soldier (Army), Fallen Guardsman (Coast Guard), Fallen Marine (Marine Corps), and Fallen Sailor (Navy).  Reserve and National Guard service members that died in the line of duty while deployed to a combat zone will be honored with a Fallen Service Member license plate based on their parent service (i.e., Air Force, Army, Coast Guard, , Navy,  and Marine ) upon application from a certified and approved family member.
2.6	If applicant is approved the department will notify the applicant of the approval via postal mail detailing payment of special plate fees, regular taxes and fees and issuance of the Fallen Service Members license plate as follows:
	A.  	The one-time issuance fee imposed pursuant to §42-3-213(1)(b)(I) C.R.S.,   commonly known as the Highway Users Tax Fund collected pursuant to §43-4-205(5.5)(b) C.R.S., shall not be charged for the first set of plates, per applicant.  The department will collect the one-time issuance fee imposed pursuant to §42-3-312 C.R.S., commonly known as the Licensing Services Cash Fund collected pursuant to §42-2-114.5.
B.	The one-time fee will be collected by the department prior to providing the Fallen Service Member license plate to the applicant’s County Motor Vehicle Office for issuance.  The normal taxes and fees will be collected by the applicant’s county of residence upon issuance.
C.	   All renewal transactions will be performed by the applicant’s county of residence. 
3.0	Process
3.1	The department’s Registrations Section, upon receipt of the documentation and application identified in regulation 2.1, will verify the accuracy of the information and review the documentation to be used in the qualification process for the issuance of the Fallen Service Member license plates.
A.	Review of documentation process:
1.	The applicant shall provide a photocopy of a DD214 Form issued by the United States Government and any other evidence sufficient to demonstrate that the service member was serving in the U.S. Armed Forces and died in the line of duty while deployed to a combat zone.   
2.	Documentation shall also be submitted to the department’s Registration Section indicating that the applicant is an authorized family member, as identified in regulation 2.3 above.  This documentation may include but not be limited to photocopies of birth certificates, death certificates, census records, obituaries, historical archives, naturalization records, military records, adoption records, marriage certificates or any combination thereof. 
3.2	After review, the department’s Registration Section will either approve or deny the application for the Fallen Service Member license plates.  The applicant will be notified of approval or denial through written correspondence.
A.	If approved, the department’s Registrations Section will notify the applicant of the approval via postal mail detailing payment of special plate fees, normal taxes and fees and issuance of the Fallen Service Members license plate as stated in regulation 2.6.  
B.	The department will only retain the original application.  All additional supporting documentation will be properly destroyed unless request for return of this documentation is specified by the applicant and a pre-paid envelope is provided for the return of the documents. 
C.	Approved applicants shall pay all statutorily required taxes and fees associated with registering and renewing the Fallen Service Member license plate.   Authorization shall not be construed to allow the authorized family member to receive a license plate without paying all applicable taxes and fees.  Authorization shall not be construed as authorization for the approved family member to receive a Distinctive Special license plate that would be issued to the service member should he or she have been living and qualified to receive such a plate.
D.	The department will make every effort to work with the applicant to correct application or submitted paperwork prior to denying the applicant.  If denied the applicant will receive a letter via postal mail with original application and submitted paperwork attached explaining the reason for denial and possible solutions to correct.  The department will not retain originals or copies of the application or submitted supporting paperwork.