1 Colo. Code Regs. § 211-1-1

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 1 CCR 211-1-1 - Scope of Rules

Basis and Purpose. The statutory authority for this Rule includes, but is not limited to, §§ 24-2-105 and 24-35-103, C.R.S. The purpose of this rule is to provide guidance regarding the handling of administrative cases before the Colorado Department of Revenue's Hearings Division. These Rules describe the process that parties will be required to follow in non-driver's license related cases held before the Hearings Division.

Cases are referred to the Hearings Division pursuant to the requirement for hearings under Colorado Revised Statutes regarding the denial or discipline of licenses, and tax assessments and refunds, from the following Divisions of the Department of Revenue: the Auto Industry Division (§§ 44-20-105, 44 -20- 121, 44-20-122, 44-20-405, and 44-20-421, C.R.S.), Marijuana Enforcement Division (§§ 44-10-306 and 44-10-901, C.R.S.), Liquor and Tobacco Enforcement Division (§§ 44-3-202(c), 44-3-305, 44-3-601 and 44-7-105, C.R.S.), Racing Division (§ 44-32-509, C.R.S.), Tax Division (§§ 39-21-103 and 39-21-104, C.R.S.), and Division of Motor Vehicles (§§ 42-2-407 and 42-4-313, C.R.S.). There are other matters that may be referred to the Hearings Division. However, the listed statutes are relevant to the hearings and rulemaking authority delegated to Hearings Division, as are the following statutes regarding the rulemaking authority of the Department's Executive Director: §§ 39-21-112, 42-1-204, 44-3-202(c), 44 -10- 202(1)(d), and 44-20-105, C.R.S.

A. These Rules apply to the conduct of all cases before the Hearings Division, whether contested or not.

B. These Rules describe and define the procedure used in hearings before the Hearings Division in non-driver's license related cases once a case is referred to the Hearings Division. These rules are not to be construed as applying to anything that happens before a case is referred to the Hearings Division or after the Hearings Division has issued its Initial Decision (or Final Determinations in Tobacco and Tax cases).

C. To the extent these Rules conflict with other Department Rules, these Rules control the hearings process before the Hearings Division.

D. These Rules shall be liberally construed to secure just, speedy, and inexpensive determinations of all proceedings presented to the Hearings Division.

1 CCR 211-1-1

46 CR 21, November 10, 2023, effective 11/30/2023

47 CR 08, April 25, 2024, effective 5/15/2024