1 Colo. Code Regs. § 211-2-9

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

Rule 1 CCR 211-2-9 - RESCHEDULING HEARINGS

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 rescheduling hearings set in administrative proceedings before the Division regarding driver's licenses or state issued identification cards.

A. Rescheduling or Continuing Hearings Pursuant to § 42-2-127 (Points), C.R.S.

1. A respondent may request a hearing be rescheduled or continued for good cause shown. Good cause shall include personal illness, or any other circumstance which, in the Department's discretion, constitutes sufficient reason for delay. The Hearings Division shall schedule a new date no later than 60 days after the original hearing date.

2. If Respondent fails to appear for a hearing, the Hearing Officer shall determine if notice was proper pursuant to § 42-2-127(8)(a), C.R.S. If the record does not support a suspension, the Hearing Officer may dismiss the action. If notice was not proper, the hearing shall be rescheduled. If notice was proper and the record supports a suspension of Respondent's driving privileges, the Hearing Officer shall enter an order.

B. Rescheduling or Continuing All Other Hearings Pursuant to Title 42, C.R.S., except those hearings under §§ 42-2-126 (Express Consent), 42-2-127.7 (Administrative Insurance Revocation), and 42-2-127.9 (Hit and Run), C.R.S.

1. Prior to or on the date of the hearing, the Respondent may request in writing that a hearing be rescheduled or continued for good cause shown.

2. If the Respondent fails to appear for a hearing, the Hearing Officer will close the case without a hearing except for hearings held pursuant to § 42-2-127.7, C.R.S. and any third-party subrogation hearing held pursuant to §§ 42-7-301, C.R.S., et seq. Any active or pending Restraint shall remain in effect.

C. The Respondent may request to reschedule the hearing for good cause shown. Such a request must be filed within 60 days of the original hearing date and will not postpone the effectiveness of the Restraint. If a Respondent fails to appear for two hearings without showing good cause, the Respondent waives the right to a hearing and the determination of the Department shall be final.

1 CCR 211-2-9

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