1 Colo. Code Regs. § 211-3-2

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

Rule 1 CCR 211-3-2 - LENGTH OF RESTRAINT

Basis and Purpose: This Rule is promulgated pursuant to §§ 24-1-107, 24-1-117, 24-35-103, 42-1-102(24), 42-1-201, 42-1-204, 42-2-126(3)(b), 42-2-127, and 42-2-127.9, C.R.S. The purpose of this Rule is to describe the factors that a Hearing Officer will consider when determining the length of Restraint.

A. The Hearing Officer shall consider public safety as well as modification of the Respondent's future driving behavior in determining the length of Restraint for hearings conducted pursuant to § 42-2-127, C.R.S. The Hearing Officer must consider the Respondent's driving history as a whole. The Hearing Officer has discretion in determining the weight to be given to any aggravating or mitigating factor and whether to issue a PDL.

B. In any hearing for an action where the Hearing Officer has discretion to determine the length of the Restraint, other than for actions pursuant to § 42-2-132.5, C.R.S., the aggravating and mitigating factors set forth in these Rules shall be the primary basis used for determining the length of the Restraint.

1. Where the Hearing Officer finds that the aggravating and mitigating factors weigh evenly, the duration of the Restraint shall be the Base Period;

2. Where the Hearing Officer finds that the aggravating factors outweigh the mitigating factors, the duration shall be longer than the Base Period;

3. Where the Hearing Officer finds that the mitigating factors outweigh the aggravating factors, the duration shall be shorter than the Base Period.

1 CCR 211-3-2

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

47 CR 07, April 10, 2024, effective 5/1/2024