RULES FOR HEARINGS RELATED TO DRIVER’S LICENSES OR STATE ISSUED IDENTIFICATION CARDS

1.	DEFINITIONS

1.1.	“Department” - The Colorado Department of Revenue.

1.2.	“Division” - Colorado Department of Revenue Hearings Division.

1.3.	“Driver’s License Restraint” or “Restraint” - Any denial, revocation, or suspension of a person’s license or privilege to drive a motor vehicle in this or any other state.

1.4.	”Hearing Officer” - An authorized representative of the Executive Director of the Department, designated under the authority of Title 42 of the Colorado Revised Statutes.

1.5.	”Hearing Record” - The hearing record shall be consistent with that defined in the State Administrative Procedures Act, which shall include but shall not be limited to the audio recording (or a transcription thereof) and the written record of the hearing made by the Hearing Officer, together with the evidence presented at hearing.

1.6.	“Respondent” - The person whose driving privilege is the subject of the hearing.

2.	Hearing Officer AuthoritY

2.1.	 In addition to any other powers authorized by Statute, the Hearing Officer                                                                                              shall have the authority and responsibility to:

2.1.1.	Conduct a full, fair, and impartial hearing;

2.1.2.	Take action to avoid unnecessary delay in the disposition of the proceeding;

2.1.3.	Maintain order;

2.1.4.	Administer oaths for the purpose of obtaining testimony;

2.1.5.	Rule on matters of evidence and law;

2.1.6.	Issue orders relating to hearing and pre-hearing matters;

2.1.7.	Limit irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations;

2.1.8.	Rule on motions of parties or the Hearing Officer’s own motion;

2.1.9.	Issue final agency decisions.  As provided by statute, such decisions may not be reviewed at the Division or Department level but are subject to appeal in District Court;

2.1.10.	Request parties to submit legal memoranda.

3.	Evidence

3.1.	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.

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

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

3.4.	The Hearing Officer may consider hearsay evidence.

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

3.6.	The Hearing Officer may consider and receive documentary evidence, including photocopies or excerpts.

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

4.	Exhibits

4.1.	Documents offered into evidence shall be legible, and shall not exceed    8 ½ inches by 11 inches unless good cause is shown why such documents cannot be reduced.

4.2.	Exhibits offered into evidence may not be of such a nature that they unduly encumber the record.  Physical evidence that is bulky, dangerous, perishable, or otherwise not suitable for inclusion in the record shall be excluded from the record.

4.3.	A table of contents or index shall accompany any document when such document exceeds 50 pages.

4.4.	All exhibits entered into evidence shall become a part of the record of the hearing and where practicable shall be subsequently maintained by the Department; however, the Hearing Officer may require the Respondent to maintain the original of any exhibit for the purposes of appeal.

5.	SUBPOENAS

5.1.	The Respondent in a hearing before the Division may request subpoenas to secure the presence of witnesses or documents necessary for the hearing.  The intent must be to provide the presiding Hearing Officer with the evidence needed to make an appropriate determination, not to further the discovery needs of the Respondent for other proceedings.

5.2.	All subpoena requests must be delivered in person, by mail, by facsimile transmission or other electronic means to the main Hearing Division Office.

5.3.	All subpoena requests must be made on a “Request for Subpoena” form authorized and provided by the Division.  No subpoena will be issued unless the request contains the following information:

5.3.1.	Name of Respondent;

5.3.2.	Case number;

5.3.3.	Date of hearing;

5.3.4.	Location of hearing, or telephone number for telephone check-in;

5.3.5.	Time of hearing;

5.3.6.	Name of witness to be subpoenaed;

5.3.7.	Address of witness (home or business).

5.4.	A request for a subpoena duces tecum must specifically identify each document to be produced.

5.5.	Any subpoena (excluding that for the officer who signed the Affidavit and Notice of Revocation for hearings under § 42-2-126 C.R.S.) must also include a specific and detailed statement attached to the request form that indicates the following:

5.5.1.	The nature of the expected testimony or evidence;

5.5.2.	Why such testimony or evidence is relevant and necessary and not cumulative to other evidence;

5.5.3.	Why the provision of the evidence is not unduly burdensome on the entity or witness subpoenaed;

5.5.4.	Why compliance with the subpoena will not unreasonably delay or prolong the proceedings;

5.5.5.	That the evidence sought is not otherwise available to the Hearing Officer.  

5.6.	When multiple witnesses or documents are requested for a single hearing, the supporting statements must clearly delineate why each witness or document is necessary, and why the evidence sought is not cumulative.

5.7.	Every request for a subpoena (excluding that for the officer who signed the Affidavit and Notice of Revocation for hearings under § 42-2-126 C.R.S.) shall be signed by the Respondent or the Respondent’s attorney.  This signature constitutes an affirmation that the request is in compliance with C.R.C.P. 26(g)(2).  Any request that lacks this affirmation will be denied.

5.8.	Issuance

5.8.1.	A subpoena will be issued only upon a determination by the reviewing Hearing Officer that:

5.8.1.1.	The information to be obtained appears to be relevant and necessary to the issues involved in the hearing, not cumulative;

5.8.1.2.	Such discovery shall not in any way unreasonably delay or prolong the proceedings;

5.8.1.3.	The subpoena can be served within the time period established by Rule or Statute;

5.8.1.4.	The information sought can reasonably be provided by the date required on the subpoena;

5.8.1.5.	The information requested is not otherwise attainable by the date set for the hearing.

5.8.2.	If the statement in support of a subpoena is insufficient to meet the criteria specified by this Rule, it shall be returned to the requesting party for revision.  

5.8.3.	If the reviewing Hearing Officer denies issuance of the subpoena, or alters the subpoena in any material way, specific findings and reasons for such denial or alteration must be made on the record, or by written order incorporated into the record.  This review process may include communication with the requesting party.

5.8.4.	When expert evidence is requested by subpoena, an approved expert shall be entitled to reasonable fees for compliance with the request.  The Respondent shall have the burden of paying such fees within 48 hours of service of the subpoena.  If the amount of the fees is in dispute, the reviewing Hearing Officer shall hear the issue and make a final determination.

5.9.	Service

5.9.1.	Service of the subpoena is the duty of the party requesting the subpoena.  Service shall be made pursuant to Rule 45(c) of the Colorado Rules of Civil Procedure, except as otherwise set forth in these Rules.

5.9.2.	Witness and mileage fees shall be tendered at the time of service consistent with Rule 45(c) of the Colorado Rules of Civil Procedure, except as otherwise set forth in these Rules.

5.9.3.	For cases under §§ 42-2-126 and 42-2-127.7, C.R.S., subpoenas for law enforcement officers must be served at least five (5) calendar days prior to the date of the hearing; all other subpoenas must be served at least 48 hours prior to the hearing.

5.9.4.	Proof of Service is acceptable if the form incorporated within the subpoena issued by the Hearing Officer is fully completed, or an affidavit containing that same information and the case number, time, date and location of the hearing is provided.  Any affidavit of service must contain sufficient information to match it to the corresponding subpoena.

5.10.	Enforcement of Subpoena

5.10.1.	Quash by Request Prior to Hearing

5.10.1.1.	Any subpoenaed witness, entity, or custodian of documents may request that a subpoena be quashed.  Any request shall be treated as a motion to quash.

5.10.1.2.	A motion to quash may be granted if the reviewing Hearing Officer finds that, contrary to the Respondent’s statements, compliance would be unduly burdensome or impracticable, or unreasonably expensive.

5.10.1.3.	If a motion to quash is granted, the witness, entity or custodian of documents may be entitled to reimbursement from the Respondent of any reasonable attorney fees or costs associated with the motion to quash.

5.10.1.4.	If a motion to quash is denied, but the reviewing Hearing Officer finds that compliance with the subpoena will be unreasonably expensive, the Respondent may be ordered to pay the costs of compliance.

5.10.2.	Dismissal of Case at Hearing

5.10.2.1.	If the Hearing Officer deems that the non-appearance of a witness and/or failure to produce documents substantially impairs the right of the Respondent to present a defense, and that the subpoena was properly served, the Hearing Officer shall have the authority to dismiss the case with prejudice.

5.10.2.2.	Failure of the police officer who signed the Affidavit and Notice of Revocation pursuant to § 42-2-126 C.R.S. to appear after proper service of the subpoena, for reasons other than events authorized by statute, shall result in dismissal of the case with prejudice.

5.10.3.	Quash by Hearing Officer at Hearing

5.10.3.1.	If a properly served witness (including officer(s) who did not sign the Affidavit and Notice of Revocation pursuant to § 42-2-126 C.R.S. ) fails to appear or to provide required documentation, the presiding Hearing Officer shall require an offer of proof from the Respondent as to the specific nature, content and relevance of the expected testimony or documentation.

5.10.3.2.	If the presiding Hearing Officer finds that the appearance of the subpoenaed witness, and/or production of documents, would not provide relevant and necessary information, or that the evidence would be needlessly cumulative, the Hearing Officer may quash the subpoena.  NOTE:  The reviewing Hearing Officer’s determination to issue a subpoena is not binding upon the presiding Hearing Officer and does not preempt her authority to assess the propriety of enforcing the subpoena.

5.10.4.	Reschedule by Hearing Officer at Hearing

5.10.4.1.	If a witness fails to appear after proper service of subpoena the presiding Hearing Officer may, if practicable and necessary, seek to reschedule the hearing to allow the Respondent further opportunity to have the witness appear.  NOTE:  Rescheduling for this limited purpose does not waive jurisdictional limits.

6.	Conduct and Decorum

6.1.1.	Unless otherwise precluded by law, all proceedings before the Division are open to the public.

6.1.2.	 Parties, representatives and other attendees shall conduct themselves with dignity, shall show courtesy and respect for one another and for the Hearing Officer, and shall follow any additional guidelines of decorum prescribed by the Hearing Officer in the proceeding; attorneys shall adhere to the Colorado Rules of Professional Conduct.

6.1.3.	To ensure proper conduct and decorum and the orderly progress of the hearing, the Hearing Officer may take appropriate action, including but not limited to:

6.1.3.1.	Excluding any person or persons from the hearing;

6.1.3.2.	Recessing the hearing.

6.1.4.	The Hearing Officer may restrict attendance due to the physical limitations of the hearing facility; media access may be limited as provided by the Colorado Code of Judicial Conduct and the Colorado Rules of Civil Procedure.