4 Colo. Code Regs. § 901-1-7

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

Rule 4 CCR 901-1-7 - Variances

Effective January 30, 2023

(a) The Board may, upon sufficient cause shown, authorize variances to persons who are otherwise required to meet the requirements of these rules.

(b) To request a variance, an applicant must submit a written petition to the Director or the Director's designee, fully explaining all relevant facts. Any person seeking a temporary or permanent variance has the burden of establishing that:

(I) The variance is consistent with the basic purposes and policies of § 24-31-301, et seq., C.R.S.; and

(II) Strict application of the statutes and rules pertaining to the certification process would present a practical difficulty or unnecessary hardship. Mere inconvenience or expense does not suffice.

(c) The Director or the director's designee, in their discretion, may determine the merits of the request based upon the applicant's written submissions, or may request additional information, or may hold a meeting.

(d) Any variance granted under this rule shall be subject to such limitations or conditions as the Director, Director's designee, or Board deems necessary in order to conform to the basic purposes and policies of applicable law.

(I) A temporary variance is valid for six (6) months from the date of issue. One variance may be granted at the discretion of the Director or the Director's designee per incident.

(e) If any determination made by the Director or the Director's designee pursuant to this rule is not appealed by the applicant within thirty (30) days pursuant to Rule 5(d), such determination shall become final.

(f) Pursuant to § 24-31-303(5)(a) and § 24-31-305(1)(a)(III), C.R.S., no person may, through a variance or otherwise, serve as a certified peace officer, as defined in § 16-2.5-102, C.R.S., without having first passed the required certification examination and become certified.

(g) Pursuant to § 24-31-303(1)(r), C.R.S., the process outlined in subsection (b) of this Rule 7 applies to a peace officer seeking review of a peace officer's status in the database created per § 24-31-303(1)(r), C.R.S.

4 CCR 901-1-7

37 CR 24, December 25, 2014, effective 1/14/2015

39 CR 01, January 10, 2016, effective 1/31/2016

40 CR 08, April 25, 2017, effective 7/1/2017

41 CR 07, April 10, 2018, effective 4/30/2018

42 CR 01, January 10, 2019, effective 1/30/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 20, October 25, 2020, effective 11/15/2020

44 CR 01, January 10, 2021, effective 1/30/2021

44 CR 08, April 25, 2021, effective 5/15/2021

44 CR 20, October 25, 2021, effective 11/15/2021

45 CR 01, January 10, 2022, effective 1/30/2022

45 CR 07, April 10, 2022, effective 5/15/2022

45 CR 19, October 10, 2022, effective 11/1/2022

46 CR 01, January 10, 2023, effective 1/30/2023