Purpose
The purpose of this rule is to set forth regulations for placement of a disability identifier symbol on a driver license, identification card or identification document; issuance of a driver license, identification card or identification document with the disability identifier symbol; and requesting removal of the symbol.
Statutory Authority
The statutory bases for this regulation are sections 12-240-107; 12-240-113; 12-245-101 et seq.; and 12-255-111; 24-4-103; 24-72.1-102(5); 42-1-204; 42-2-107; 42-2-113; 42-2-114; 42-2-302; 42-2-303 C.R.S. This regulation applies to documents issued under Title 42, Article 2, Parts 1, 3, and 5.
Incorporation By Reference Of Federal Law
The Department incorporates by reference as part of Rule 4 of the Department of Revenue Regulations, the Americans with Disabilities Act of 1990, Pub. L. 101-336, 108th Congress, 2nd session (July 26, 1990), 104 Stat. 327, as amended by the ADA Amendments Act of 2008, Pub. L. 110-325, (September 25, 2008), 122 Stat. 3553. Such Act is published by the United States Equal Employment Opportunity Commission in full in the United States Code Annotated, Title 42, sections 12101 et seq. Rule 4 does not include any later amendments or editions of such Act.
A copy of such Act is available for a reasonable charge from the Colorado Department of Revenue, 1881 Pierce Street, Room 128, Lakewood, Colorado 80214. A copy of such Act is maintained by the Colorado Department of Revenue and is on file and available for inspection during normal business hours by contacting the Driver License Section of the Colorado Department of Revenue in person at 1881 Pierce Street, Room 128, Lakewood, Colorado 80214 or by contacting the Driver License Section of the Colorado Department of Revenue by telephone at 303-205-5600. The incorporated material may also be examined at any state publications depository library. A copy, including a certified copy, of such Act is also available from the United States Equal Employment Opportunity Commission, 131 M Street, NE, Washington DC 20507. Telephone: 202-921-3191; 1-800-669 -6820 (TTY); or 1-844-234 -5122 (ASL video phone).
1.1 Applicant- Any natural person applying to the Department for a Colorado driver license, identification card or a Colorado Road and Community Safety Act identification document.1.2 Department- The Colorado Department of Revenue.1.3 Driver License- A driver license, minor driver license, or instruction permit.1.4 Identification Card- Has the same meaning as defined in C.R.S. 42-2-303(1)(a).1.5 Identification Documents- Has the same meaning as defined in C.R.S. 42-2-503(1).1.6 Professional- A physician licensed to practice medicine under article 240 of title 12 or practicing medicine under section 12-240-107(3)(i), a physician assistant licensed under section 12-240-113, a mental health professional licensed or certified under Article 245 of title 12, an advanced practice nurse registered under Section 12-255-111, a person with a master's degree in rehabilitation counseling, or a physician, physician assistant, mental health professional, or advanced practice registered nurse authorized to practice professionally by another state that shares a common border with Colorado.2.0Disability Identifier Symbol2.1 The Department will consult with relevant stakeholders and develop a discrete disability symbol that represents all types of disabilities, including cognitive disabilities, neurological diversities, mental health disorders, sensory needs, chronic illness, chronic pain, and physical disabilities.3.0Application for a Disability Identifier Symbol3.1 In accordance with C.R.S. 42-2-114(12) and 42-2-303(6), before issuing a Driver License or Identification Card bearing a disability identifier symbol, the Department must: 3.1.1 Receive a "Colorado Driver License/Identification Card Application for Disability Identifier Symbol" (DR2093) completed by the applicant and signed by a professional, under penalty of perjury, affirming and verifying that:3.1.1.1 The applicant has a disability as defined in the federal "Americans with Disabilities Act of 1990 as amended by the Americans with Disabilities Amendments Act of 2008", 42 U.S.C. Sec. 12101 et seq., and3.1.1.2 The disability interferes with the applicant's ability to effectively communicate with a peace officer.4.0Removal of the Disability Identifier Symbol4.1 An applicant may choose to remove the disability identifier symbol on their Driver License, Identification Card, or Identification Document. The Department shall issue the applicant a new Driver License, Identification Card, or Identification Document without the disability identifier symbol at the request of the applicant, and shall not charge a fee for the issuance of the new Driver License, Identification Card, or Identification Document.5.1 The effective date of this rule is July 1, 2022.37 CR 20, October 25,2014, effective 11/14/201438 CR 11, June 10, 2015, effective 6/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 17, September 10, 2015, effective 9/30/201539 CR 01, January 10, 2016, effective 1/30/201639 CR 14, July 25, 2016, effective 8/14/201639 CR 15, August 10, 2016, effective 8/30/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 19, October 10, 2016, effective 10/30/201639 CR 24, December 25, 2016, effective 1/30/201740 CR 20, October 25, 2017, effective 11/14/201740 CR 24, December 25, 2017, effective 1/14/201841 CR 08, April 25, 2018, effective 5/15/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 17, September 10, 2018, effective 9/30/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 06, March 25, 2019, effective 4/14/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 12, June 25, 2020, effective 5/22/202043 CR 12, June 25, 2020, effective 7/16/202043 CR 19, October 10, 2020, effective 9/17/202043 CR 18, September 25, 2020, effective 10/15/202043 CR 23, December 10, 2020, effective 11/4/202043 CR 20, October 25, 2020, effective 11/15/202043 CR 22, November 25, 2020, effective 12/16/202043 CR 23, December 10, 2020, effective 12/30/202044 CR 01, January 10, 2021, effective 1/30/202144 CR 03, February 10, 2021, effective 3/2/202144 CR 15, August 10, 2021, effective 8/31/202144 CR 22, November 25, 2021, effective 12/15/202145 CR 05, March 10, 2022, effective 3/30/202245 CR 24, December 25, 2022, effective 1/14/202346 CR 01, January 10, 2023, effective 1/30/202345 CR 22, November 25, 2022, effective 1/31/202346 CR 05, March 10, 2023, effective 4/3/2023