Section 42-2-122 - Department may cancel license - limited license for physical or mental limitations - rules(1) The department has the authority to cancel, deny, or deny the reissuance of any driver's or minor driver's license upon determining that the licensee was not entitled to the issuance for any of the following reasons: (a) Failure to give the required or correct information in an application, or commission of any fraud in making such application or in submitting any proof allowed under this section;(b) Inability to operate a motor vehicle because of physical or mental incompetence;(d) That such license would have been subject to denial under the provisions of section 42-2-104;(f) The person is not lawfully present in the United States;(g) The person is not a resident of the state of Colorado;(i) Failure of the person to complete a level II alcohol and drug education and treatment program certified by the behavioral health administration in the department of human services pursuant to section 42-4-1301.3, as required by section 42-2-126 (4)(d)(II)(A) or 42-2-132 (2)(a)(II). The failure must be documented pursuant to section 42-2-144.(2) The department has the authority to cancel any driver's or minor driver's license if, subsequent to the issuance of such license, the department has authentic information that a condition developed or an act was committed which places such licensee in one of the categories for which cancellation is authorized.(2.5)(a) Any person who has had a driver's or minor driver's license or driving privilege canceled pursuant to paragraph (b) of subsection (1) of this section who is receiving or has received therapy treatment for physical or mental incompetence or an evaluation for such incompetence through a rehabilitation provider or licensed physician certified by the department to provide rehabilitative driving instruction may receive a limited license with such limitations as the department deems necessary after consultation with and upon the recommendation of the rehabilitation provider or licensed physician.(b)(I) Any person licensed pursuant to this subsection (2.5) shall be subject to the examination requirements set forth in section 42-2-111.(II) Rehabilitation providers and licensed physicians shall be subject to the provisions governing medical advice in section 42-2-112.(c) The department shall adopt rules as necessary to carry out this subsection (2.5).(3) Upon such cancellation, the licensee shall surrender the license so cancelled to the department, and thereafter such licensee is entitled to a hearing by the department if such license is returned and if such request is made within thirty days from the date of such cancellation; except that a denial or cancellation pursuant to subsection (1)(i) of this section is deemed to be final agency action for judicial review purposes pursuant to section 24-4-104. Such hearing, if requested, must be held no later than thirty days from the date of such cancellation. Notification of such cancellation must be given as provided in section 42-2-119.(4)(a) Upon the holding of a hearing as provided in subsection (3) of this section or upon determination by the department, the license shall be returned if the licensee is able to prove that cancellation should not have been made. When the original cancellation is sustained by the department, such licensee may apply for and receive a new license whenever the licensee can show that the reason for the original cancellation no longer applies. The licensee may also appeal the decision of the department after the hearing to the district court as provided in section 42-2-135.(b) A licensee who has proved that cancellation should not have been made shall not be required to give proof of financial responsibility pursuant to article 7 of this title.Amended by 2022 Ch. 222, § 199, eff. 7/1/2022.Amended by 2021 Ch. 460, § 1, eff. 1/1/2022.Amended by 2017 Ch. 263, § 19, eff. 5/25/2017.L. 94: Entire title amended with relocations, p. 2130, § 1, effective 1/1/1995. L. 95: (2.5) added and (4) amended, p. 707, § 2, effective May 23. L. 97: (1)(e) added, p. 1001, § 2, effective August 6. L. 98: (1)(f) and (1)(g) added, p. 295, § 2, effective July 1. L. 2000: (1)(a) and (3) amended and (1)(h) added, p. 804, § 1, effective August 2; IP(1), (2), and (2.5)(a) amended, p. 1352, § 22, effective 7/1/2001. L. 2001: (1)(i) added and (3) amended pp. 786, 787, §§ 2, 3, effective June 1. L. 2002: (1)(i) amended, p. 1921, § 16, effective July 1. L. 2005: (4)(a) amended, p. 646, § 13, effective May 27. L. 2008: (1)(i) amended, p. 245, § 6, effective July 1. L. 2011: (1)(i) amended, (HB 11-1303), ch. 1178, p. 1178, § 100, effective August 10. L. 2017: IP(1) and (1)(i) amended, (SB 17-242), ch. 1257, p. 1257, § 19, effective May 25. L. 2021: (1)(c), (1)(e), and (1)(h) repealed and (3) amended, (HB 21-1314), ch. 3092, p. 3092, § 1, effective 1/1/2022.This section is similar to former § 42-2-119 as it existed prior to 1994, and the former § 42-2-122 was relocated to § 42-2-125.
For the legislative declaration contained in the 2001 act enacting subsection (1)(i) and amending subsection (3), see section 1 of chapter 229, Session Laws of Colorado 2001. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.