First Regular Session
Sixty-first General Assembly
LLS NO. 970638.01 EBD
HOUSE BILL 971276
STATE OF COLORADO
BY REPRESENTATIVE Swenson
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING THE ADMINISTRATIVE SUSPENSION OF THE DRIVER'S
LICENSES OF UNINSURED MOTORISTS INVOLVED IN TRAFFIC ACCIDENTS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Allows the administrative suspension of driver's licences of uninsured motorists involved in a traffic accident. Requires the department to suspend the license of any person on its determination that the person was involved in a traffic accident and lacked a complying policy or certificate of selfinsurance in effect. Requires the department to make such determination of uninsured status on the basis of an affidavit of a law enforcement officer. Specifies that this determination of such facts is independent of such determination of similar facts in a criminal case involving the same action or suspensions under the financial responsibility act. After the determination, requires the department to either issue a notice of suspension or rescind the order of suspension.
Requires a law enforcement officer at the scene of an accident, if the officer determines that the driver lacks evidence of insurance, to issue a notice of suspension, take possession of the driver's licence, issue the driver a temporary permit, swear out an affidavit, and forward all of the above to the department. Requires the department to adopt forms and a format for affidavits. Specifies that the suspension becomes effective seven days after the driver receives notice, either in the mail or from the officer, unless the driver files proof of financial responsibility for the future, complies with the financial responsibility law, or provides evidence that a complying policy was in force at the time of the accident.
Specifies that the duration of the suspension shall
be until the driver complies with the financial responsibility
laws or files proof of financial responsibility for the future.
Allows the driver to request an administrative hearing. Allows
a temporary permit to be issued during the pendency of the hearing
process. Specifies procedures for such hearings and provides that
the sole issue is whether the driver lacked a complying policy
or certificate of self insurance.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 2 of title 42, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
422127.7. Authority to suspend license uninsured motorists involved in an accidentlegislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE PURPOSE OF THIS SECTION IS TO INDUCE AND ENCOURAGE ALL MOTORISTS TO PROVIDE FOR THEIR FINANCIAL RESPONSIBILITY FOR THE PROTECTION OF OTHERS AND TO ASSURE THE WIDESPREAD AVAILABILITY TO THE INSURING PUBLIC OF INSURANCE PROTECTION AGAINST FINANCIAL LOSS CAUSED BY NEGLIGENT, FINANCIALLY IRRESPONSIBLE, MOTORISTS.
(2) (a) THE DEPARTMENT SHALL SUSPEND THE LICENSE OF ANY PERSON UPON ITS DETERMINATION THAT THE PERSON DROVE A VEHICLE IN THIS STATE, THAT WAS INVOLVED IN A MOTOR VEHICLE ACCIDENT, AND LACKED A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 104705 AND 104716, C.R.S.
(b) THE DEPARTMENT SHALL MAKE A DETERMINATION OF SUCH FACTS ON THE BASIS OF THE DOCUMENTS AND AFFIDAVIT OF A LAW ENFORCEMENT OFFICER AS SPECIFIED IN SUBSECTION (3) OF THIS SECTION, AND THIS DETERMINATION SHALL BE FINAL UNLESS A HEARING IS REQUESTED AND HELD AS PROVIDED IN SUBSECTION (7) OF THIS SECTION. (c) THE DETERMINATION OF THE FACTS SPECIFIED IN THIS SUBSECTION (2) BY THE DEPARTMENT IS INDEPENDENT OF THE DETERMINATION OF THE SAME OR SIMILAR FACTS IN THE ADJUDICATION OF ANY CRIMINAL CHARGES ARISING OUT OF THE SAME OCCURRENCE. THE DISPOSITION OF THOSE CRIMINAL CHARGES SHALL NOT AFFECT ANY SUSPENSION UNDER THIS SECTION.
(d) THE DETERMINATION OF THE FACTS SPECIFIED IN THIS SUBSECTION (2) BY THE DEPARTMENT IS ALSO INDEPENDENT OF THE DETERMINATION OF THE SAME OR SIMILAR FACTS REGARDING ANY SUSPENSION TAKEN UNDER ARTICLE 7 OF THIS TITLE.
(e) FOR PURPOSES OF THIS SECTION, "LICENSE" INCLUDES ANY DRIVING PRIVILEGE.
(3) WHENEVER A LAW ENFORCEMENT OFFICER INVESTIGATING AN ACCIDENT PURSUANT TO SECTION 4241606 DETERMINES THAT A DRIVER INVOLVED IN THE ACCIDENT VIOLATES SECTION 4241409 BY FAILING TO PROVIDE TO A LAW ENFORCEMENT OFFICER IMMEDIATE EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 104705 AND 104716, C.R.S., THE LAW ENFORCEMENT OFFICER MAKING SUCH DETERMINATION SHALL FORWARD TO THE DEPARTMENT AN AFFIDAVIT THAT INCLUDES A STATEMENT OF THE OFFICER=S PROBABLE CAUSE THAT THE PERSON COMMITTED SUCH VIOLATION, A COPY OF THE ACCIDENT REPORT, AND A COPY OF THE CITATION AND COMPLAINT, IF ANY, FILED WITH THE COURT. THE AFFIDAVIT SHALL BE DATED, SIGNED, AND SWORN TO BY THE LAW ENFORCEMENT OFFICER UNDER PENALTY OF PERJURY, BUT NEED NOT BE NOTARIZED OR SWORN TO BEFORE ANY OTHER PERSON.
(4) (a) UPON RECEIPT BY THE DEPARTMENT OF THE AFFIDAVIT OF THE LAW ENFORCEMENT OFFICER AND THE RELEVANT DOCUMENTS REQUIRED BY SUBSECTION (3) OF THIS SECTION, THE DEPARTMENT SHALL MAKE THE DETERMINATION DESCRIBED IN SUBSECTION (2) OF THIS SECTION. THE DETERMINATION SHALL BE BASED UPON THE INFORMATION CONTAINED IN THE AFFIDAVIT AND THE RELEVANT DOCUMENTS. IF THE DEPARTMENT DETERMINES THAT THE PERSON IS SUBJECT TO LICENSE SUSPENSION, THE DEPARTMENT SHALL ISSUE A NOTICE OF SUSPENSION IF SUCH NOTICE HAS NOT ALREADY BEEN SERVED UPON THE PERSON BY THE LAW ENFORCEMENT OFFICER AS REQUIRED IN SUBSECTION (5) OF THIS SECTION.
(b) THE NOTICE OF SUSPENSION SENT BY THE DEPARTMENT SHALL BE MAILED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 422119 (2) TO THE PERSON AT THE LASTKNOWN ADDRESS SHOWN ON THE DEPARTMENT'S RECORDS, IF ANY, AND TO ANY ADDRESS PROVIDED IN THE LAW ENFORCEMENT OFFICER'S AFFIDAVIT IF THAT ADDRESS DIFFERS FROM THE ADDRESS OF RECORD. THE NOTICE SHALL BE DEEMED RECEIVED THREE DAYS AFTER MAILING.
(c) THE NOTICE OF SUSPENSION SHALL CLEARLY SPECIFY THE REASON AND STATUTORY GROUNDS FOR THE SUSPENSION, THE EFFECTIVE DATE OF THE SUSPENSION, THE RIGHT OF THE PERSON TO REQUEST A HEARING, THE PROCEDURE FOR REQUESTING A HEARING, AND THE DATE BY WHICH THAT REQUEST FOR A HEARING MUST BE MADE. THE NOTICE SHALL ALSO STATE THAT THE PERSON MAY AVOID SUSPENSION BY FILING WITH THE DEPARTMENT PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, OR BY COMPLIANCE WITH SECTION 427302. IF THE PERSON FILES PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE SHALL BE MAINTAINED FOR THREE YEARS FROM THE DATE SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE IS RECEIVED BY THE DEPARTMENT.
(d) IF THE DEPARTMENT DETERMINES THAT THE PERSON IS NOT SUBJECT TO LICENSE SUSPENSION, THE DEPARTMENT SHALL NOTIFY THE PERSON OF ITS DETERMINATION AND SHALL RESCIND ANY ORDER OF SUSPENSION SERVED UPON THE PERSON BY THE LAW ENFORCEMENT OFFICER.
(5) (a) WHENEVER A LAW ENFORCEMENT OFFICER INVESTIGATING AN ACCIDENT DETERMINES THAT A DRIVER INVOLVED IN THE ACCIDENT VIOLATES SECTION 4241409 BY FAILING TO PRESENT TO A LAW ENFORCEMENT OFFICER IMMEDIATE EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE AS REQUIRED BY SECTIONS 104705 AND 104716, C.R.S., THE OFFICER, ACTING ON BEHALF OF THE DEPARTMENT SHALL SERVE THE NOTICE OF SUSPENSION PERSONALLY ON SUCH DRIVER. WHEN THE LAW ENFORCEMENT OFFICER SERVES THE NOTICE OF SUSPENSION, THE OFFICER SHALL TAKE POSSESSION OF ANY DRIVER'S LICENSE ISSUED BY THIS STATE OR ANY OTHER STATE WHICH IS HELD BY THE PERSON. WHEN THE OFFICER TAKES POSSESSION OF SUCH LICENSE, THE OFFICER, ACTING ON BEHALF OF THE DEPARTMENT, SHALL ISSUE A TEMPORARY PERMIT WHICH IS VALID FOR SEVEN DAYS AFTER ITS DATE OF ISSUANCE.
(b) A COPY OF THE COMPLETED NOTICE OF SUSPENSION FORM, A COPY OF ANY COMPLETED TEMPORARY PERMIT FORM, AND ANY DRIVER'S, MINOR DRIVER'S, PROVISIONAL DRIVER'S, OR TEMPORARY DRIVER'S LICENSE OR ANY INSTRUCTION PERMIT TAKEN INTO POSSESSION UNDER THIS SECTION SHALL BE FORWARDED TO THE DEPARTMENT BY THE LAW ENFORCEMENT OFFICER ALONG WITH THE AFFIDAVIT AND DOCUMENTS REQUIRED IN SUBSECTIONS (2) AND (3) OF THIS SECTION.
(c) THE DEPARTMENT SHALL PROVIDE FORMS FOR NOTICE OF SUSPENSION AND FOR TEMPORARY PERMITS TO LAW ENFORCEMENT AGENCIES. THE DEPARTMENT SHALL ESTABLISH A FORMAT FOR THE AFFIDAVITS REQUIRED BY THIS SECTION AND SHALL GIVE NOTICE OF SUCH FORMAT TO ALL LAW ENFORCEMENT AGENCIES WHICH SUBMIT AFFIDAVITS TO THE DEPARTMENT. SUCH LAW ENFORCEMENT AGENCIES SHALL FOLLOW THE FORMAT DETERMINED BY THE DEPARTMENT.
(d) A TEMPORARY PERMIT MAY NOT BE ISSUED TO ANY PERSON WHO IS ALREADY DRIVING WITH A TEMPORARY PERMIT ISSUED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (5).
(6) (a) THE LICENSE SUSPENSION SHALL BECOME EFFECTIVE SEVEN DAYS AFTER THE SUBJECT PERSON HAS RECEIVED THE NOTICE OF SUSPENSION AS PROVIDED IN SUBSECTION (5) OF THIS SECTION OR IS DEEMED TO HAVE RECEIVED THE NOTICE OF SUSPENSION BY MAIL AS PROVIDED IN SUBSECTION (4) OF THIS SECTION UNLESS THE PERSON FILES WITH THE DEPARTMENT PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, COMPLIES WITH SECTION 427302 PRIOR TO THE EFFECTIVE DATE OF THE SUSPENSION, OR PROVIDES EVIDENCE TO THE DEPARTMENT THAT A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE WAS IN FULL FORCE AND EFFECT ON THE DATE AND TIME OF THE ACCIDENT. IF THE PERSON FILES PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE MUST BE MAINTAINED FOR THREE YEARS FROM THE DATE SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE IS RECEIVED BY THE DEPARTMENT. IF A WRITTEN REQUEST FOR A HEARING AND EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE IN THE RESPONDENT=S NAME IS RECEIVED BY THE DEPARTMENT WITHIN THAT SAME SEVENDAY PERIOD, THE EFFECTIVE DATE OF THE SUSPENSION SHALL BE STAYED UNTIL A FINAL ORDER IS ISSUED FOLLOWING THE HEARING; EXCEPT THAT ANY DELAY IN THE HEARING THAT IS CAUSED OR REQUESTED BY THE SUBJECT PERSON OR COUNSEL REPRESENTING THAT PERSON SHALL NOT RESULT IN A STAY OF THE SUSPENSION DURING THE PERIOD OF DELAY.
(b) THE PERIOD OF LICENSE SUSPENSION UNDER PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION SHALL BE FOR AN INDEFINITE PERIOD. THE PERSON MAY REINSTATE AT ANY TIME BY COMPLYING WITH SECTION 427302 OR BY FILING WITH THE DEPARTMENT PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE AND PAYING THE REQUIRED REINSTATEMENT FEE PURSUANT TO SECTION 422132. IF THE PERSON FILES PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE MUST BE MAINTAINED FOR THREE YEARS FROM THE DATE SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE IS RECEIVED BY THE DEPARTMENT.
(c) WHERE A LICENSE IS SUSPENDED UNDER (a) OF SUBSECTION (2) OF THIS SECTION AND THE PERSON IS ALSO CONVICTED ON CRIMINAL CHARGES ARISING OUT OF THE SAME OCCURRENCE FOR A VIOLATION OF SECTION 4241409, BOTH THE SUSPENSION UNDER THIS SECTION AND ANY SUSPENSION, REVOCATION, CANCELLATION, OR DENIAL WHICH RESULTS FROM SUCH CONVICTION SHALL BE IMPOSED, BUT THE PERIODS SHALL RUN CONCURRENTLY.
(7) (a) ANY PERSON WHO HAS RECEIVED A NOTICE OF SUSPENSION MAY MAKE A WRITTEN REQUEST FOR A REVIEW OF THE DEPARTMENT'S DETERMINATION AT A HEARING. THE REQUEST MAY BE MADE ON A FORM AVAILABLE AT EACH OFFICE OF THE DEPARTMENT. EVIDENCE OF CURRENT LIABILITY INSURANCE OR CERTIFICATE OF SELFINSURANCE IN THE RESPONDENT=S NAME AND THE PERSON'S DRIVER'S LICENSE, IF THE LICENSE HAS NOT BEEN PREVIOUSLY SURRENDERED, SHALL BE SUBMITTED AT THE TIME THE REQUEST FOR A HEARING IS MADE.
(b) THE REQUEST FOR A HEARING SHALL BE MADE IN WRITING WITHIN SEVEN DAYS AFTER THE DAY THE PERSON RECEIVED THE NOTICE OF SUSPENSION AS PROVIDED IN SUBSECTION (5) OF THIS SECTION OR IS DEEMED TO HAVE RECEIVED THE NOTICE BY MAIL AS PROVIDED IN SUBSECTION (4) OF THIS SECTION. IF WRITTEN REQUEST FOR A HEARING AND EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE IN THE RESPONDENT=S NAME IS NOT RECEIVED WITHIN THE SEVENDAY PERIOD, THE RIGHT TO A HEARING IS WAIVED, AND THE DETERMINATION OF THE DEPARTMENT THAT IS BASED UPON THE DOCUMENTS AND AFFIDAVIT REQUIRED BY SUBSECTIONS (2) AND (3) OF THIS SECTION BECOMES FINAL.
(c) IF A WRITTEN REQUEST FOR A HEARING IS MADE AFTER EXPIRATION OF THE SEVENDAY PERIOD AND IF IT IS ACCOMPANIED BY THE APPLICANT'S VERIFIED STATEMENT EXPLAINING THE FAILURE TO MAKE A TIMELY REQUEST FOR A HEARING, THE DEPARTMENT SHALL RECEIVE AND CONSIDER THE REQUEST. IF THE DEPARTMENT FINDS THAT THE PERSON WAS UNABLE TO MAKE A TIMELY REQUEST DUE TO LACK OF ACTUAL NOTICE OF THE SUSPENSION OR DUE TO FACTORS OF PHYSICAL INCAPACITY SUCH AS HOSPITALIZATION OR INCARCERATION, THE DEPARTMENT SHALL WAIVE THE PERIOD OF LIMITATION, REOPEN THE MATTER, AND GRANT THE HEARING REQUEST UPON RECEIPT OF EVIDENCE OF CURRENT LIABILITY INSURANCE IN THE RESPONDENT=S NAME. IN SUCH A CASE, A STAY OF THE SUSPENSION PENDING ISSUANCE OF THE FINAL ORDER FOLLOWING THE HEARING SHALL NOT BE GRANTED.
(d) AT THE TIME THE REQUEST FOR A HEARING IS MADE, IF IT APPEARS FROM THE RECORD THAT THE PERSON IS THE HOLDER OF A VALID DRIVER'S, MINOR DRIVER'S, OR PROVISIONAL DRIVER'S LICENSE OR ANY INSTRUCTION PERMIT ISSUED BY THIS STATE OR TEMPORARY PERMIT ISSUED PURSUANT TO SUBSECTION (5) OF THIS SECTION AND THAT THE LICENSE HAS BEEN SURRENDERED AS REQUIRED PURSUANT TO SUBSECTION (5) OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A TEMPORARY PERMIT UPON THE RECEIPT OF EVIDENCE OF A COMPLYING POLICY OF CERTIFICATE OF SELFINSURANCE IN THE RESPONDENT=S NAME. THE TEMPORARY PERMIT WILL BE VALID UNTIL THE SCHEDULED DATE FOR THE HEARING. IF NECESSARY, THE DEPARTMENT MAY LATER ISSUE AN ADDITIONAL TEMPORARY PERMIT OR PERMITS IN ORDER TO STAY THE EFFECTIVE DATE OF THE SUSPENSION UNTIL THE FINAL ORDER IS ISSUED FOLLOWING THE HEARING, AS REQUIRED BY SUBSECTION (6) OF THIS SECTION.
(e) (I) THE HEARING SHALL BE SCHEDULED TO BE HELD AS QUICKLY AS PRACTICABLE BUT NOT MORE THAN SIXTY DAYS AFTER THE DAY THAT THE REQUEST FOR A HEARING IS RECEIVED BY THE DEPARTMENT; EXCEPT THAT, IF A HEARING IS RESCHEDULED BECAUSE OF THE UNAVAILABILITY OF THE HEARING OFFICER IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH (e), THE HEARING MAY BE RESCHEDULED MORE THAN SIXTY DAYS AFTER THE DAY THAT THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT, AND THE DEPARTMENT SHALL CONTINUE ANY TEMPORARY DRIVING PRIVILEGES HELD BY THE RESPONDENT UNTIL THE DATE THAT SUCH HEARING IS RESCHEDULED. THE DEPARTMENT SHALL PROVIDE A WRITTEN NOTICE OF THE TIME AND PLACE OF THE HEARING TO THE PARTY REQUESTING THE HEARING IN THE MANNER PROVIDED IN SECTION 422119 (2) AT LEAST TEN DAYS PRIOR TO THE SCHEDULED OR RESCHEDULED HEARING, UNLESS THE PARTIES AGREE TO WAIVE THIS REQUIREMENT. NOTWITHSTANDING THE PROVISIONS OF SECTION 422119, THE LASTKNOWN ADDRESS OF THE RESPONDENT FOR PURPOSES OF NOTICE FOR ANY HEARING PURSUANT TO THIS SECTION SHALL BE THE ADDRESS STATED ON THE HEARING REQUEST FORM.
(II) IF A HEARING OFFICER CANNOT APPEAR AT ANY ORIGINAL OR RESCHEDULED HEARING BECAUSE OF MEDICAL REASONS, ANOTHER ADMINISTRATIVE HEARING, OR ANY OTHER LEGITIMATE JUST CAUSE, SUCH HEARING OFFICER OR THE DEPARTMENT MAY RESCHEDULE THE HEARING AT THE EARLIEST POSSIBLE TIME WHEN THE HEARING OFFICER WILL BE AVAILABLE.
(f) IF A HEARING IS HELD PURSUANT TO SUBSECTION (7) OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE MATTER AND MAKE A FINAL DETERMINATION ON THE BASIS OF THE DOCUMENTS AND AFFIDAVIT SUBMITTED TO THE DEPARTMENT PURSUANT TO SUBSECTIONS (2) AND (3) OF THIS SECTION. THE LAW ENFORCEMENT OFFICER WHO SUBMITTED THE AFFIDAVIT NEED NOT BE PRESENT AT THE HEARING. THE DEPARTMENT SHALL CONSIDER ALL OTHER RELEVANT EVIDENCE AT THE HEARING, INCLUDING THE REPORTS OF LAW ENFORCEMENT OFFICERS THAT ARE SUBMITTED TO THE DEPARTMENT. THE REPORTS OF LAW ENFORCEMENT OFFICERS SHALL NOT BE REQUIRED TO BE MADE UNDER OATH, BUT SUCH REPORTS SHALL IDENTIFY THE OFFICERS MAKING THE REPORTS. THE DEPARTMENT MAY CONSIDER EVIDENCE CONTAINED IN AFFIDAVITS FROM PERSONS OTHER THAN THE RESPONDENT, SO LONG AS SUCH AFFIDAVITS INCLUDE THE AFFIANT'S HOME OR WORK ADDRESS AND PHONE NUMBER AND ARE DATED, SIGNED, AND SWORN TO BY THE AFFIANT UNDER PENALTY OF PERJURY. THE AFFIDAVIT NEED NOT BE NOTARIZED OR SWORN TO BEFORE ANY OTHER PERSON. THE RESPONDENT MUST PRESENT EVIDENCE IN PERSON.
(8) (a) THE HEARING SHALL BE HELD IN THE DISTRICT OFFICE OF THE DEPARTMENT CLOSEST TO THE RESIDENCE OF THE DRIVER. THE PERSON REQUESTING THE HEARING MAY BE REFERRED TO AS THE RESPONDENT.
(b) THE PRESIDING HEARING OFFICER SHALL BE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR AN AUTHORIZED REPRESENTATIVE DESIGNATED BY THE EXECUTIVE DIRECTOR. THE PRESIDING HEARING OFFICER SHALL HAVE AUTHORITY TO ADMINISTER OATHS AND AFFIRMATIONS; TO CONSIDER THE AFFIDAVIT OF THE LAW ENFORCEMENT OFFICER FILING SUCH AFFIDAVIT AS SPECIFIED IN SUBSECTION (3) OF THIS SECTION; TO CONSIDER OTHER LAW ENFORCEMENT OFFICERS' REPORTS THAT ARE SUBMITTED TO THE DEPARTMENT, WHICH REPORTS NEED NOT BE UNDER OATH BUT SHALL IDENTIFY THE OFFICERS MAKING THE REPORTS; TO EXAMINE AND CONSIDER DOCUMENTS AND COPIES OF DOCUMENTS CONTAINING RELEVANT EVIDENCE; TO CONSIDER OTHER AFFIDAVITS THAT ARE DATED, SIGNED, AND SWORN TO BY THE AFFIANT UNDER PENALTY OF PERJURY, WHICH AFFIDAVITS NEED NOT BE NOTARIZED OR SWORN TO BEFORE ANY OTHER PERSON BUT SHALL CONTAIN THE AFFIANT'S HOME OR WORK ADDRESS AND TELEPHONE NUMBER; TO TAKE JUDICIAL NOTICE AS DEFINED BY RULE 201 OF ARTICLE II OF THE COLORADO RULES OF EVIDENCE, SUBJECT TO THE PROVISIONS OF SECTION 244105 (8), C.R.S., WHICH SHALL INCLUDE JUDICIAL NOTICE OF GENERAL, TECHNICAL, OR SCIENTIFIC FACTS WITHIN THE HEARING OFFICER'S KNOWLEDGE; TO COMPEL WITNESSES TO TESTIFY OR PRODUCE BOOKS, RECORDS, OR OTHER EVIDENCE; TO EXAMINE WITNESSES AND TAKE TESTIMONY; TO RECEIVE AND CONSIDER ANY RELEVANT EVIDENCE NECESSARY TO PROPERLY PERFORM THE HEARING OFFICER'S DUTIES AS REQUIRED BY THIS SECTION; TO ISSUE SUBPOENAS DUCES TECUM TO PRODUCE BOOKS, DOCUMENTS, RECORDS, OR OTHER EVIDENCE; TO ISSUE SUBPOENAS FOR THE ATTENDANCE OF WITNESSES; TO TAKE DEPOSITIONS, OR CAUSE DEPOSITIONS OR INTERROGATORIES TO BE TAKEN; TO REGULATE THE COURSE AND CONDUCT OF THE HEARING; AND TO MAKE A FINAL RULING ON THE ISSUES.
(c) (I) WHEN A LICENSE IS SUSPENDED UNDER PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, THE SOLE ISSUE AT THE HEARING SHALL BE WHETHER BY A PREPONDERANCE OF THE EVIDENCE THE PERSON DROVE A VEHICLE IN THIS STATE WAS INVOLVED IN A MOTOR VEHICLE ACCIDENT, AND LACKED A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE IN FULL FORCE AS REQUIRED BY SECTIONS 104705 AND 104716, C.R.S. IF THE PRESIDING HEARING OFFICER FINDS THE AFFIRMATIVE OF THE ISSUE, THE SUSPENSION ORDER SHALL BE SUSTAINED. IF THE PRESIDING HEARING OFFICER FINDS THE NEGATIVE OF THE ISSUE, THE SUSPENSION ORDER SHALL BE RESCINDED.
(II) UNDER NO CIRCUMSTANCES SHALL THE PRESIDING HEARING OFFICER CONSIDER ANY ISSUE NOT SPECIFIED IN THIS PARAGRAPH (c).
(d) THE HEARING SHALL BE RECORDED. THE DECISION OF THE PRESIDING HEARING OFFICER SHALL BE RENDERED IN WRITING, AND A COPY SHALL BE PROVIDED TO THE PERSON WHO REQUESTED THE HEARING.
(e) IF THE PERSON WHO REQUESTED THE HEARING FAILS TO APPEAR WITHOUT JUST CAUSE, THE RIGHT TO A HEARING SHALL BE WAIVED, AND THE DETERMINATION OF THE DEPARTMENT WHICH IS BASED UPON THE DOCUMENTS AND AFFIDAVIT REQUIRED IN SUBSECTIONS (2) AND (3) OF THIS SECTION SHALL BECOME FINAL.
(9) (a) WITHIN THIRTY DAYS OF THE ISSUANCE OF THE FINAL DETERMINATION OF THE DEPARTMENT UNDER THIS SECTION, A PERSON AGGRIEVED BY THE DETERMINATION SHALL HAVE THE RIGHT TO FILE A PETITION FOR JUDICIAL REVIEW IN THE DISTRICT COURT IN THE COUNTY OF THE PERSON'S RESIDENCE.
(b) THE REVIEW SHALL BE ON THE RECORD WITHOUT TAKING ADDITIONAL TESTIMONY. IF THE COURT FINDS THAT THE DEPARTMENT EXCEEDED ITS CONSTITUTIONAL OR STATUTORY AUTHORITY, MADE AN ERRONEOUS INTERPRETATION OF THE LAW, ACTED IN AN ARBITRARY AND CAPRICIOUS MANNER, OR MADE A DETERMINATION WHICH IS UNSUPPORTED BY THE EVIDENCE IN THE RECORD, THE COURT MAY REVERSE THE DEPARTMENT'S DETERMINATION.
(c) THE FILING OF A PETITION FOR JUDICIAL REVIEW SHALL NOT RESULT IN AN AUTOMATIC STAY OF THE SUSPENSION ORDER. THE COURT MAY GRANT A STAY OF THE ORDER ONLY UPON MOTION AND HEARING AND UPON A FINDING THAT THERE IS A REASONABLE PROBABILITY THAT THE PETITIONER WILL PREVAIL UPON THE MERITS AND THAT THE PETITIONER WILL SUFFER IRREPARABLE HARM IF THE ORDER IS NOT STAYED.
(10) THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24, C.R.S., SHALL APPLY TO THIS SECTION TO THE EXTENT IT IS CONSISTENT WITH SUBSECTIONS (7), (8), AND (9) OF THIS SECTION RELATING TO ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
SECTION 2. Effective date applicability. (1) This act shall take effect on January 1, 1998; except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to accidents that occur on or after the applicable effective date of this act.