Basis and Purpose: The statutory authority for this rule includes, but is not limited to, §§ 24-1-107, 24-1-117, 24-35-103, 42-1-201, 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 formatting, presentation, and retention requirements for exhibits offered for admission into the evidentiary record in administrative proceedings before the Division regarding driver's licenses or state issued identification cards. This rule also describes Hearing Officer discretion to exclude bulky, dangerous, and/or otherwise unsuitable evidence.
A. Documents offered into evidence shall be legible and shall not exceed 8 1/2 inches by 11 inches unless good cause is shown why such documents cannot be reduced. Exhibits from the Department will be lettered (i.e., Ex. A, Ex. B, Ex. C...) and exhibits from Respondent will be numbered (i.e., Ex. 1, Ex. 2, Ex. 3...).B. Exhibits offered into evidence shall not be of such a nature that they unduly encumber the record. Physical evidence that is bulky, dangerous, perishable, or otherwise not suitable for inclusion in the record shall be limited or excluded from the record at the discretion of the Hearing Officer.C. A table of contents or index shall accompany any document when such document exceeds 50 pages.D. All exhibits entered into evidence shall become a part of the record of the hearing, and where practicable, shall be subsequently maintained by the Department; however, the Hearing Officer may require the Respondent to maintain the original of any exhibit for the purposes of appeal.46 CR 20, October 25, 2023, effective 11/29/2023