Section 42-2-127.7 - Authority to suspend driver's license - uninsured motorists - legislative declaration(1) The general assembly hereby finds, determines, and declares that the purpose of this section is to induce and encourage all motorists to provide for their financial responsibility for the protection of others and to assure the widespread availability to the insuring public of insurance protection against financial loss caused by negligent, financially irresponsible, motorists.(2)(a) The department may suspend the driver's license of any person upon its determination that the person drove a vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., as follows: (I) Upon the first determination that a person operated a motor vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., the department shall suspend the driver's license of a person until the person furnishes proof of financial responsibility, as defined in section 42-7-103 (14), in the manner contemplated by section 42-7-301 (1), in the amount specified in section 10-4-620, C.R.S.(II) Upon the second determination that the person operated a motor vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., within five years, the department shall suspend the person's driver's license for a period of four months.(III) Upon the third or subsequent determination that the person operated a motor vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., the department shall suspend the person's driver's license for a period of eight months.(b) The department shall make a determination of such facts on the basis of the documents and affidavit of a law enforcement officer as specified in subsection (3) of this section, and this determination shall be final unless a hearing is requested and held as provided in subsection (7) of this section.(c) The determination of the facts specified in this subsection (2) by the department is independent of the suspension taken under article 7 of this title.(d) For purposes of this section, "license" includes any driving privilege.(3) Whenever a law enforcement officer determines, by checking the motorist insurance identification database created in section 42-7-604, and by any other means authorized by law, that a driver violates section 42-4-1409 by not having a complying policy or certificate of self-insurance in full force and effect as required by sections 10-4-619 and 10-4-624, C.R.S., the law enforcement officer making such determination shall forward to the department an affidavit that includes a statement of the officer's probable cause that the person committed such violation, and a copy of the citation and complaint, if any, filed with the court. The affidavit shall be dated, signed, and sworn to by the law enforcement officer under penalty of perjury, but need not be notarized or sworn to before any other person.(4)(a) Upon receipt by the department of the affidavit of the law enforcement officer and the relevant documents required by subsection (3) of this section, the department shall make the determination described in subsection (2) of this section. The determination shall be based upon the information contained in the affidavit and the relevant documents. If the department determines that the person is subject to license suspension, the department may issue a notice of suspension if such notice has not already been served upon the person by the law enforcement officer as required in subsection (5) of this section.(b) The notice of suspension sent by the department shall be mailed in accordance with the provisions of section 42-2-119 (2) to the person at the last-known address shown on the department's records, if any, and to any address provided in the law enforcement officer's affidavit if that address differs from the address of record. The notice shall be deemed received three days after mailing.(c) The notice of suspension shall clearly specify the reason and statutory grounds for the suspension, the effective date of the suspension, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which that request for a hearing must be made. The notice shall also state that the person may avoid suspension by filing with the department proof of financial responsibility for the future, or by compliance with section 42-7-302 on the first determination. For subsequent offenses, a person's driver's license shall be suspended in accordance with the provisions of subsection (2) of this section. If the person files proof of financial responsibility for the future, such proof of financial responsibility for the future shall be maintained for three years from the date such proof of financial responsibility for the future is received by the department and after any applicable suspension period.(d) If the department determines that the person is not subject to license suspension: (I) The department shall notify the person of its determination and shall rescind any order of suspension served upon the person by the law enforcement officer;(II) The person whose driver's license was taken possession of by a law enforcement officer under this section may obtain the license by the payment of a fee to the department. The department shall determine the fee in accordance with section 42-2-114.5.(5)(a) Whenever a law enforcement officer determines, by checking the motorist insurance identification database created in section 42-7-604, and by any other means authorized by law, that a driver violates section 42-4-1409 by not having a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., the officer, acting on behalf of the department, may serve the notice of suspension personally on such driver. If the law enforcement officer serves the notice of suspension, the officer shall take possession of any driver's license issued by this state or any other state that is held by the person. When the officer takes possession of a valid license, the officer, acting on behalf of the department, shall issue a temporary permit that is valid for seven days after its date of issuance.(b) A copy of the completed notice of suspension form, a copy of any completed temporary permit form, and any driver's, minor driver's, or temporary driver's license or any instruction permit taken into possession under this section shall be forwarded to the department by the law enforcement officer along with the affidavit and documents required in subsections (2) and (3) of this section.(c) The department shall provide forms for notice of suspension and for temporary permits to law enforcement agencies. The department shall establish a format for the affidavits required by this section and shall give notice of such format to all law enforcement agencies which submit affidavits to the department. Such law enforcement agencies shall follow the format determined by the department.(d) A temporary permit may not be issued to any person who is already driving with a temporary permit issued pursuant to paragraph (a) of this subsection (5).(6)(a) The license suspension shall become effective seven days after the subject person has received the notice of suspension as provided in subsection (5) of this section or is deemed to have received the notice of suspension by mail as provided in subsection (4) of this section unless the person files with the department proof of financial responsibility for the future or complies with section 42-7-302 prior to the effective date of the suspension. If the person files proof of financial responsibility for the future, such proof of financial responsibility for the future must be maintained for three years from the date such proof of financial responsibility for the future is received by the department. If a written request for a hearing and evidence of current liability insurance in the respondent's name is received by the department within that same seven-day period, the effective date of the suspension shall be stayed until a final order is issued following the hearing; except that any delay in the hearing that is caused or requested by the subject person or counsel representing that person shall not result in a stay of the suspension during the period of delay.(b) The period of license suspension under paragraph (a) of subsection (2) of this section shall be for an indefinite period. The person may reinstate at any time by complying with section 42-7-302 or by filing with the department proof of financial responsibility for the future and paying the required reinstatement fee pursuant to section 42-2-132. If the person files proof of financial responsibility for the future, such proof of financial responsibility for the future must be maintained for three years from the date such proof of financial responsibility for the future is received by the department.(7)(a) Any person who has received a notice of suspension may make a written request for a review of the department's determination at a hearing. The request may be made on a form available at each office of the department. Evidence of current liability insurance in the respondent's name and the person's driver's license, if the license has not been previously surrendered, shall be submitted at the time the request for a hearing is made.(b) The request for a hearing shall be made in writing within seven days after the day the person received the notice of suspension as provided in subsection (5) of this section or is deemed to have received the notice by mail as provided in subsection (4) of this section. If written request for a hearing and evidence of current liability insurance in the respondent's name is not received within the seven-day period, the right to a hearing is waived, and the determination of the department that is based upon the documents and affidavit required by subsections (2) and (3) of this section becomes final.(c) If a written request for a hearing is made after expiration of the seven-day period and if it is accompanied by the applicant's verified statement explaining the failure to make a timely request for a hearing, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request due to lack of actual notice of the suspension or due to factors of physical incapacity such as hospitalization or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the hearing request upon receipt of evidence of current liability insurance in the respondent's name. In such a case, a stay of the suspension pending issuance of the final order following the hearing shall not be granted.(d) At the time the request for a hearing is made, if it appears from the record that the person is the holder of a valid driver's or minor driver's license or any instruction permit issued by this state or temporary permit issued pursuant to subsection (5) of this section and that the license has been surrendered as required pursuant to subsection (5) of this section, the department shall issue a temporary permit upon the receipt of evidence of current liability insurance in the respondent's name. The temporary permit will be valid until the scheduled date for the hearing. If necessary, the department may later issue an additional temporary permit or permits in order to stay the effective date of the suspension until the final order is issued following the hearing, as required by subsection (6) of this section.(e)(I) The hearing shall be scheduled to be held as quickly as practicable but not more than sixty days after the day that the request for a hearing is received by the department; except that, if a hearing is rescheduled because of the unavailability of the hearing officer in accordance with subparagraph (II) of this paragraph (e), the hearing may be rescheduled more than sixty days after the day that the request for the hearing is received by the department, and the department shall continue any temporary driving privileges held by the respondent until the date that such hearing is rescheduled. The department shall provide a written notice of the time and place of the hearing to the respondent in the manner provided in section 42-2-119 (2) at least ten days prior to the scheduled or rescheduled hearing, unless the parties agree to waive this requirement. Notwithstanding the provisions of section 42-2-119, the last-known address of the respondent for purposes of notice for any hearing pursuant to this section shall be the address stated on the hearing request form.(II) If a hearing officer cannot appear at any original or rescheduled hearing because of medical reasons, another administrative hearing, or any other legitimate just cause, such hearing officer or the department may reschedule the hearing at the earliest possible time when the hearing officer will be available.(f) If a hearing is held pursuant to this subsection (7), the department shall review the matter and make a final determination on the basis of the documents and affidavit submitted to the department pursuant to subsections (2) and (3) of this section. The law enforcement officer who submitted the affidavit need not be present at the hearing. The department shall consider all other relevant evidence at the hearing, including the reports of law enforcement officers that are submitted to the department. The reports of law enforcement officers shall not be required to be made under oath, but such reports shall identify the officers making the reports. The department may consider evidence contained in affidavits from persons other than the respondent, so long as such affidavits include the affiant's home or work address and telephone number and are dated, signed, and sworn to by the affiant under penalty of perjury. The affidavit need not be notarized or sworn to before any other person. The respondent must present evidence in person.(8)(a) The hearing shall be held in the district office of the department closest to the residence of the driver; except that all or part of the hearing may, at the discretion of the department, be conducted in real time, by telephone or other electronic means in accordance with section 42-1-218.5. The person requesting the hearing may be referred to as the respondent.(b) The presiding hearing officer shall be the executive director of the department or an authorized representative designated by the executive director. The presiding hearing officer shall have authority to administer oaths and affirmations; to consider the affidavit of the law enforcement officer filing such affidavit as specified in subsection (3) of this section; to consider other law enforcement officers' reports that are submitted to the department, which reports need not be under oath but shall identify the officers making the reports; to examine and consider documents and copies of documents containing relevant evidence; to consider other affidavits that are dated, signed, and sworn to by the affiant under penalty of perjury, which affidavits need not be notarized or sworn to before any other person but shall contain the affiant's home or work address and telephone number; to take judicial notice as defined by rule 201 of article II of the Colorado rules of evidence, subject to the provisions of section 24-4-105 (8), C.R.S., which shall include judicial notice of general, technical, or scientific facts within the hearing officer's knowledge; to compel witnesses to testify or produce books, records, or other evidence; to examine witnesses and take testimony; to receive and consider any relevant evidence necessary to properly perform the hearing officer's duties as required by this section; to issue subpoenas duces tecum to produce books, documents, records, or other evidence; to issue subpoenas for the attendance of witnesses; to take depositions, or cause depositions or interrogatories to be taken; to regulate the course and conduct of the hearing; and to make a final ruling on the issues.(c)(I) When a license is suspended under paragraph (a) of subsection (2) of this section, the sole issue at the hearing shall be whether by a preponderance of the evidence the person drove a vehicle in this state without having in force a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S. If the presiding hearing officer finds the affirmative of the issue, the suspension order shall be sustained. If the presiding hearing officer finds the negative of the issue, the suspension order shall be rescinded.(II) Under no circumstances shall the presiding hearing officer consider any issue not specified in this paragraph (c).(d) The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy shall be provided to the person who requested the hearing.(e) If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the determination of the department which is based upon the documents and affidavit required in subsections (2) and (3) of this section shall become final.(9)(a) Within thirty-five days of the issuance of the final determination of the department under this section, a person aggrieved by the determination has the right to file a petition for judicial review in the district court in the county of the person's residence.(b) The review shall be on the record without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the court may reverse the department's determination.(c) The filing of a petition for judicial review shall not result in an automatic stay of the suspension order. The court may grant a stay of the order only upon motion and hearing and upon a finding that there is a reasonable probability that the petitioner will prevail upon the merits and that the petitioner will suffer irreparable harm if the order is not stayed.(10) The "State Administrative Procedure Act", article 4 of title 24, C.R.S., shall apply to this section to the extent it is consistent with subsections (7), (8), and (9) of this section relating to administrative hearings and judicial review.(11) This section shall take effect when the motorist insurance identification database, created in section 42-7-604, has been developed and is operational, but not later than January 1, 1999.L. 97: Entire section added, p. 1452, § 9, effective July 1. L. 98: (4)(d)(II) amended, p. 1353, § 98, effective June 1. L. 2000: (5)(b) and (7)(d) amended, p. 1356, § 28, effective 7/1/2001. L. 2001: (8)(a) amended, p. 555, § 6, effective May 23. L. 2003: (2)(a), (3), (5)(a), and (8)(c)(I) amended, p. 1572, § 11, effective July 1. L. 2004: (2)(a) and (4)(c) amended, p. 792, § 2, effective 1/1/2005. L. 2014: (4)(d)(II) amended, (SB 14-194), ch. 346, p. 1547, § 11, effective June 5. L. 2015: (9)(a) amended, (HB 15-1021), ch. 25, p. 63, § 2, effective August 5.Section 11 of Senate Bill 14-194 incorrectly states that it amends subsection (4)(b)(II) when the actual provision it amends is subsection (4)(d)(II).