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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2018-00398


CCR details

Tracking Number 2018-00398
Type of Filing Permanent Rule
Department 200 Department of Revenue
Agency 205 Motor Vehicle Dealer Board
CCR Number 1 CCR 205-1
CCR Title DEALING IN MOTOR VEHICLES

Proposed rule

Notice Filed with SOS 08/15/2018
Rule ProposedRuleAttach2018-00398.rtf
Additional Information AddInfoAttach2018-00398.rtf
Statutory Authority (current codification): C.R.S. Sections 12-6-101, 12-6-102, 12-6-103, 12-6-104, 12-6-105, 12-6-107, 12-6-108, 12-6-108.5, 12-6-109, 12-6-110, 12-6-115, 12-6-116, 12-6-117, 12-6-118, 12-6-119, 12-6-119.5, & 12-6-121.5. (new codification as of 10-1-18): C.R.S. Sections 44-20-101, 44-20-102, 44-20-103, 44-20-104, 44-20-105, 44-20-107,44-20-108, 44-20-109, 44-20-110, 44-20-111, 44-20-118, 44-20-119, 44-20-120, 44-20-121, 44-20-122, 44-20-123, & 44-20-129.
Description of Subjects/Issues Regulations related to 1) delegation of the Board’s authority to the Executive Secretary for the administrative acts of rule-making, 2) authorization by the Board to the Director and Executive Director to issue licensure documents, 3) the Board’s process for determining appropriate sanctions to discipline licensees, 4) the Board’s process to take action on an affidavit of probable cause for discipline, 5) proposed deletion of a rule related to complaint investigations; and, 6) proposed deletion of a rule related to the determination of sanctions.
Purpose/Objective of Rule The Motor Vehicle Dealer Board convened in open session on September 18, 2018, for the scheduled rule-making hearing. A quorum of the Board was present. Each Board Member had before them a copy of the entire Rule-making Record. The Legal Assistant/Rules Administrator of the Auto Industry Division presented the Rule-making Record. Comments were received from members of the public and from the Division’s Subject Matter Expert. The Board deliberated and voted unanimously to adopt the proposed rules before them with no changes. This rule-making includes REVISIONS to rules, NEW RULES, and DELETIONS of rules, as noted, specific to the following topics: 1) delegation of authority for administrative actions of rule-making (REVISION), 2) authorizations to the Director and Executive Director to issue licensure documents (REVISION), 3) the Board’s process for determining appropriate sanctions to discipline licensees (REVISION), 4) the Board’s process to act on affidavits of probable cause for discipline of licensees (NEW), 5) a rule related to complaint investigations (DELETION), and, 6) a rule related to determination of sanctions (DELETION). The board's actions reflected the need to 1) consider some statutory changes in 2017, and, 2) modernize provisions, both substantively and in form of expression, in the interest of the public, the regulated communities, and enforcement processes.
Comments Directions to Board-Commission Meeting Room: Public Parking is on the West Side of the Building. Enter the Building through Entrance “B.” The Meeting Room will be down a short hallway to the left, and will be on your left as you walk down the hallway. The facility complies with the requirements of the American with Disabilities Act. Format note: The rules have been submitted in a "clean" format. The additional information shows the rules in a traditional "redline" format.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 09/18/2018
Hearing Time 01:00 PM
Hearing Location Department of Revenue offices, Entrance B, Room 110, Board – Commission Meeting Room, 1881 Pierce Street, Lakewood, Colorado.
Contact Name Leland W. BeBee
Contact Title Legal Assistant/Rules Administrator
Contact Telephone (303) 205-5696
Contact email leland.bebee@state.co.us

Adopted rule

Adopted Rules AdoptedRules02018-00398.rtf
Redline Redline2018-00398.rtf
Adopted Date 09/18/2018
AGO requested date 09/22/2018
Attorney General Opinion 10/04/2018
Colorado Register publication date 10/25/2018
Effective Date 11/14/2018
Inserted into CCR 11/08/2018