| Notice Filed with SOS |
05/31/2023 |
| Rule |
ProposedRuleAttach2023-00285.docx |
| Additional Information |
AddInfoAttach2023-00285.docx |
| Statutory Authority |
These Rules are promulgated pursuant to §§ 24-1-107, 24-1-117, 24-35-103, 42-1-102(24), 42-1-201, 42-1-204, 42-2-126(3)(b), 42-2-127, and 42-2-127.9, C.R.S. |
| Description of Subjects/Issues |
These 6 new and amended rules for administrative cases involving Probationary Driver Licenses (PDLs) are proposed for the following reasons: Proposed Rule 1 better defines certain words and terms of art used both in these rules and in administrative proceedings where a PDL could be issued. Proposed Rule 2 describes the factors that a Hearing Officer will consider when determining the length of restraint for a PDL. Proposed new Rule 3 better describes the aggravating and mitigating factors that a Hearing Officer will consider when deciding whether to issue a PDL, and if approved, how long the restraint should last. Proposed new Rule 4 describes factors that a Hearing Officer must consider when deciding whether to issue a PDL. Proposed new Rule 5 describes when Hearing Officers lack discretion to issue a PDL due to the Respondent’s ineligibility, how Hearing Officers may use aggravating and mitigating factors to decide whether to issue a PDL, and Hearing Officer discretion to determine the specific restrictions of a PDL. Proposed new Rule 6 simplifies and describes the circumstances under which the Department can cancel a PDL, and the process for reviewing cancellation of a PDL if a hearing is requested. |
| Purpose/Objective of Rule |
These 6 new and amended rules for administrative cases involving Probationary Driver Licenses (PDLs) are proposed for the following reasons. Proposed Rule 1 better defines certain words and terms of art used both in these rules and in administrative proceedings where a PDL could be issued. Proposed Rule 2 describes the factors that a Hearing Officer will consider when determining the length of restraint for a PDL. Proposed new Rule 3 better describes the aggravating and mitigating factors that a Hearing Officer will consider when deciding whether to issue a PDL, and if approved, how long the restraint should last. Proposed new Rule 4 describes factors that a Hearing Officer must consider when deciding whether to issue a PDL. Proposed new Rule 5 describes when Hearing Officers lack discretion to issue a PDL due to Respondents’ ineligibility, how Hearing Officers may use aggravating and mitigating factors to decide whether to issue a PDL, and Hearing Officer discretion to determine the specific restrictions of a PDL. Proposed new Rule 6 simplifies and describes the circumstances under which the Department can cancel a PDL, and the process for reviewing cancellation of a PDL if a hearing is requested. |
| Comments |
Please add the new effective date as a footnote in the same format as the earlier effective dates also included as footnotes (i.e. "Entire Rule eff. 11/29/2023."). |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
No
|
| Hearing Date |
07/13/2023 |
| Hearing Time |
01:00 PM |
| Hearing Location |
Virtual Hearing - Zoom meeting link https://us02web.zoom.us/j/86119379392 |
| Contact Name |
Michael Genoways |
| Contact Title |
Hearing Officer III |
| Contact Telephone |
303-205-5606 |
| Contact email |
dor_hdrules@state.co.us |