1 Colo. Code Regs. § 211-2-2

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 1 CCR 211-2-2 - HEARING OFFICER AUTHORITY

Basis and Purpose: The statutory authority for this rule includes, but is not limited to, §§ 24-1-107, 24-1-117, 24-35-103, 42-1-102(24), 42-1-201, 42-1-204, 42-2-126, and more generally, Article 1 Parts 1 and 2, Article 2 Parts 1 through 5, and Article 7 of Title 42, C.R.S. The purpose of this rule is to describe the authority of the Division's Hearing Officers to conduct hearings, manage cases, and issue decisions in administrative proceedings regarding driver's licenses or state issued identification cards.

A. In addition to any other powers authorized by Statute, the Hearing Officer shall have the authority to:

1. Conduct a full, fair, and impartial hearing;

2. Act to avoid unnecessary delay in the proceeding;

3. Maintain order;

4. Administer oaths for the purpose of obtaining testimony;

5. Rule on matters of evidence and law;

6. Issue orders relating to hearing and pre-hearing matters;

7. Limit irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations;

8. Rule on motions of parties or the Hearing Officer's own motion;

9. Issue final agency actions. As provided by statute, such decisions may not be reviewed at the Division or Department level but are subject to appeal in District Court; and

10. Request parties to submit legal memoranda.

1 CCR 211-2-2

46 CR 20, October 25, 2023, effective 11/29/2023