1 Colo. Code Regs. § 211-2-3

Current through Register Vol. 47, No. 18, September 25, 2024

Rule 1 CCR 211-2-3 - EVIDENCE

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 procedure for the discovery and admission of evidence in administrative proceedings before the Division regarding driver's licenses or state issued identification cards.

A. Discovery is prohibited except as set forth in these Rules. However, the Respondent shall have access to information maintained by the Department to the extent permitted by law.

B. The Respondent or any other witness may testify and present evidence on pertinent issues.

C. The Hearing Officer may exclude irrelevant, repetitious, cumulative, immaterial, or privileged information or evidence.

D. The Hearing Officer may apply the Colorado Rules of Evidence, as necessary, and may consider hearsay evidence per § 24-4-105(7), C.R.S.

1. Incorporation by Reference. The Colorado Rules of Evidence incorporated by reference in Rule 3(D) include only the version that was in effect as of July 2023, and do not include any later amendments or editions. The Colorado Rules of Evidence are available for public inspection during regular business hours at the Office of the Hearings Division of the Department of Revenue, 1881 Pierce Street, Lakewood, CO 80214. The Colorado Rules of Evidence are also available for a reasonable charge from the Hearings Division at this same address, and free of charge from the Hearings Division's website.

E. The Hearing Officer may question the Respondent and/or any other witnesses.

F. The Hearing Officer may consider and receive real or documentary evidence, whether originals, photocopies, or excerpts, and including, but not limited to, driving records, proof of insurance, proof of residency, body camera videos, dash camera videos, paychecks, court documents, accident reports, state or federal regulations, code books, training manuals, scientific studies, maps, photographs, and satellite images.

G. If practicable and necessary, the Hearing Officer may continue a hearing in order to subpoena any witness or document relevant to the proceeding.

1 CCR 211-2-3

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