1 CCR 204-10-16 - GROUP SPECIAL LICENSE PLATES
Basis: The statutory bases for this rule are 42-1-102 (41.5), 42-1-204, 42-3-207, 42-3-208 and 42-3-301, C.R.S.
Purpose: The purpose of this rule is to establish criteria for the application, responsibilities, and processes for group special license plates.
1.0
Definitions
1.1
"Approval Notification" means written notification by the Executive Director of
the Department of Revenue to a Nonprofit confirming that the Nonprofit has
complied with the statutory and regulatory requirements necessary to seek
legislative action to authorize a new group special license plate.
1.2 "Certificate" for the purpose of this
rule means a Department approved-letter, voucher, or other document issued by a
Nonprofit to a person as evidence that the person is qualified to receive a
group special license plate. A Certificate may be in electronic or digital
format instead of paper, if approved by the Department.
1.3 "Group Special License Plate Created
through Rule" means the Air Force Commemorative, Columbine, Firefighters,
Greyhound Lovers, Pioneer, and Raptor Education Foundation license
plates.
1.4 "Group Special License
Plate Created through Statute" means a group special license plate created on
or after January 1, 2001 through its authorizing legislation.
1.5 "Nonprofit" means an entity that is a
section 501(c)(3) corporation under the Internal Revenue Code or an entity
holding charitable nonprofit status with the Colorado Secretary of
State.
1.6 "Pre-Certification
Qualifier" means a condition(s) that must be met in order to qualify for
issuance of a group special license plate by the Department.
1.7 "Registered" for the purpose of this rule
means a vehicle with an unexpired registration as provided in sections
42-3-102 and
42-3-114, C.R.S., that is
currently issued the group special license plate, unless the context otherwise
requires.
1.8 "Retire" or
"Retirement" means the discontinuation of the production of the group special
license plate.
1.9 "Secure and
Verifiable Identification" means an identification document listed on form DR
2841 Secure and Verifiable ID.
2.0
Application for Approval to Seek Creation of Group Special License
Plates
2.1 Any Nonprofit may
apply for an Approval Notification authorizing the Nonprofit to seek
legislation to create a group special license plate.
2.2 A Nonprofit that has satisfied all
statutory and regulatory requirements for proposing the creation of a group
special license plate must apply using an application supplied by the
Department to the Vehicle Services Section, Division of Motor Vehicles.
Incomplete applications will not be accepted or retained.
a. Applications must be signed by the
Nonprofit's designated representative. In addition to the signed application,
the Nonprofit must submit:
1. Petition sheets
with the names, addresses of residence, date signed, and signatures of at least
three thousand (3,000) Colorado registered vehicle owners who have committed to
purchase the proposed group special license plate. Petition sheets must be
submitted in either paper, electronic, or digital format, as required by the
Department. Petitions are not transferable between applications for different
group special license plates. Petition signatures are valid for two years from
the date signed prior to being submitted with the application to the
Department. Petition sheets are valid for two consecutive legislative sessions
from the date submitted with the application to the Department. At the sole
discretion of the Department, a nonprofit may be granted additional time that
petitions are valid.
A. With prior approval
of the Department, a Nonprofit may use electronic or digital methods to obtain
commitments to purchase the group special license plate. A Nonprofit requesting
electronic or digital methods must submit a plan on how these methods will be
used to obtain commitments including, but not limited to: how the methods would
show that commitments meet the requirements of Colorado Revised Statutes and
this Rule; how the methods will protect personal identifying information; and
include samples or actual electronic or digital methods sites (i.e., websites,
emails etc.). Electronic or digital signatures obtained prior to the
Department's approval are invalid and will not be counted toward the
3,000-signature requirement.
B.
Electronic or digital methods may include, but are not limited to, web
petitions or electronic mail.
2. Proof of Nonprofit status by submitting a
current letter from the Internal Revenue Service confirming section 501(c)(3)
status or a document from the Colorado Secretary of State confirming the
Nonprofit is holding charitable nonprofit status.
3. A sample Certificate (paper, electronic,
or digital) with a written description of security features (serialization,
watermarks, holograms, etc.) incorporated into the Certificate. The Nonprofit
must provide a sample Certificate to the Department for approval before the
Nonprofit can issue Certificates to qualified individuals. A Nonprofit may not
issue a Certificate prior to the effective date of the enabling legislation. An
individual's name on a Certificate must be identical to that listed on the
individual's Secure and Verifiable Identification. Certificates are not
transferable and are valid for issuance and registration of one set (single if
a motorcycle) of group special license plates. The Department will destroy the
Certificate upon issuing the group special license plate. The Certificate must
contain an area in which the Nonprofit may place a Department system generated
serial number/PIN.
4. Proof that
the Nonprofit has the legal right to use all logos, designs, colors and other
intellectual property in the proposed design of the group special license
plate.
5. Proof that payment for
the design was submitted by check or money order directly to Colorado
Correctional Industries. The design fee becomes non-refundable upon the receipt
of the Approval Notification from the Department.
6. A list of Pre-Certification Qualifiers
required by the Nonprofit. If there are no Pre-Certification Qualifiers, the
Nonprofit must provide a written statement that the Nonprofit will not require
Pre-Certification Qualifiers for persons to be issued the group special license
plate.
A. If a monetary donation is required,
the Nonprofit must provide a document that demonstrates that the use of those
funds meets statutory and regulatory requirements.
2.3 Upon receipt of the
Approval Notification, the Nonprofit is solely responsible for obtaining a bill
sponsor to propose legislation. The Department will retain the application for
two consecutive legislative sessions from the date of the Approval
Notification.
a. If the Nonprofit fails to
obtain a bill sponsor within two years of issuance of the Approval
Notification, and it desires to continue to seek creation of the group special
license plate, the Nonprofit must re-apply, submit a new application, documents
and petition signatures, and meet all statutory and regulatory requirements in
effect at that time. Applications, documents, and other materials previously
submitted to satisfy the application requirements are not transferable to the
new application.
3.0
Enacted Group Special License Plates Responsibilities and
Processes
3.1 A group
special license plate must be designed within the parameters established by the
Department. The Department may deny any design violating such parameters.
a. A group special license plate design shall
not include a logo or other image copyrighted, trademarked, registered, or
otherwise commonly associated with a for-profit entity, whether or not the
Nonprofit is a division of or otherwise associated with the for-profit entity.
Use of symbols not subject to trademark, copyright, or other legal protection
may be approved if such use does not violate the parameters established by the
Department. The Department shall have final approval authority on all logo
designs and placement on the group special license plate.
b. Design change requests after the design
has been approved must be submitted in writing to the Department by the
Nonprofit. The Department may require supporting documentation, including, but
not limited to, issuance trends, current inventory levels, and costs associated
with changes. If the change request is approved, the Nonprofit shall prepay all
design costs directly to Colorado Department of Corrections Division of
Correctional Industries prior to production of the new design. Design changes
are effective upon approval by the Department. If approval is granted while
existing inventory is available and the Nonprofit requests that the new plates
be issued prior to the sale of such inventory, the Nonprofit shall pay all
costs associated with the recall, collection, and destruction of existing
inventory. Registered vehicle owners may continue to use their current group
special license plate regardless of any subsequent design change, provided such
plate will not be replaced if the inventory is destroyed, exhausted, or the
Department has determined not to issue additional plates.
3.2. Upon completion of the proposed group
special license plate design, the Nonprofit will receive one sample of the
approved plate design. Sample plates used in the design approval process are
the property of the Department. The Nonprofit may request up to five samples
for marketing and display purposes upon payment of material fees for each
sample plate, as established in section
42-3-301, C.R.S. Sample plates
will be produced using the standard passenger size license plate with the
standard sample plate numbers assigned by the Department. Requests for
non-standard sample plate numbers will not be accepted. The Department must be
given at least one business day in advance notice from the Nonprofit of all
news releases, interviews, or mass communications that reference the group
special license plate.
3.3 Group
special license plates are produced through a print on demand process, which
does not require pre-stocking of inventory. However, the Department may utilize
methods other than print on demand if the Department deems it
appropriate.
3.4 The Department
will not distribute thank you notes, requests for contributions, or other
materials on behalf of the Nonprofit.
3.5 The Nonprofit must continuously maintain
its Nonprofit status. A letter from the Internal Revenue Service confirming
section 501(c)(3) status or a document from the Colorado Secretary of State's
Office confirming that the Nonprofit is holding charitable nonprofit status
must be submitted to the Department annually on or before June 1st.
a. If at any time it is determined that an
entity no longer has Nonprofit status, the group special license plate will be
Retired pursuant to Code of Colorado Regulations 1 CCR 204-10 Rule 20. License
Plate Retirement. Upon Retirement, the entity must cease seeking any donation
authorized pursuant to its respective authorizing statute, and must cease to
associate itself in any way with the group special license plate.
3.6 If a Nonprofit has
Pre-Certification Qualifiers, it may enter into systems maintained by the
Department information for each individual who has been approved for the
receipt of a group special license plate and, for each, record the system
generated serial number/PIN on the Certificate. If the Nonprofit enters the
system generated serial number/PIN on the Certificate, the Department may use
the serial number/PIN to authenticate the Certificate.
3.7 The Nonprofit must notify the Department
in writing if its authority regarding the group special license plate is
transferred to a successor Nonprofit, as provided in the group special license
plate's respective authorizing statute. The successor Nonprofit must meet all
statutory and regulatory requirements.
3.8 A Nonprofit may request changes to its
Certificate. Requests must be submitted in writing, and any change must be
approved by the Department before the Nonprofit can issue the new Certificate.
Any changes must meet the requirements of this rule. Upon approval, the
Department will work with the Nonprofit to establish an effective date upon
which the Non-Profit may begin to issue the new Certificate. After the
effective date of the new Certificate, only a new Certificate will be accepted
by the Department; provided, however, that the Department will accept an old
Certificate if it was issued by the Nonprofit prior to the effective date of
the new Certificate.
3.9 If a group
special license plate's respective authorizing statute provides that the
Department "may" stop issuing the group special license plate if the group
special license plate has not met the minimum issuance requirement, the
Department may Retire the group special license plate or may continue to issue
the plate until the existing inventory is exhausted. If the Department elects
to Retire the group special license plate, the plate will be Retired pursuant
to subsection 3.12 of this rule and Code of Colorado Regulations 1 CCR 204-10
Rule 20. License Plate Retirement.
3.10 If a group special license plate's
respective authorizing statute provides that the Department "shall" retire the
plate if the plate has not met its minimum issuance requirement as provided in
that statute, then the group special license plate will be Retired pursuant to
the group special license plate's respective authorizing statute and Code of
Colorado Regulations 1 CCR 204-10 Rule 20. License Plate Retirement.
3.11 The Department may audit the Nonprofit
associated with a group special license plate. The audit may include, but is
not limited to, accounting, financial, tax, and Pre-Certification Qualifiers.
a. If the Department determines that the
Nonprofit has violated its respective authorizing statute, or no longer
qualifies as a Nonprofit under this rule, the Department may require additional
information or at the Department's discretion may Retire the group special
license plate pursuant to Code of Colorado Regulations 1 CCR 204-10 Rule 20.
License Plate Retirement.
b. If the
Department requires additional information, and such information is not
provided or does not change the Department's determination that the Nonprofit
has violated its respective authorizing statute, or that the Nonprofit no
longer qualifies as a Nonprofit under this rule, the Department may Retire the
group special license plate pursuant to Code of Colorado Regulations 1 CCR
204-10 Rule 20. License Plate Retirement.
c. Upon Retirement, the Nonprofit must cease
seeking any donation authorized pursuant to the group special license plate's
respective authorizing statute.
3.12 If the Department Retires a group
special license plate:
a. The Department will
immediately cease producing the group special license plate and may stop
issuing the plate prior to exhausting the plate's inventory.
b. The Department will provide written notice
of Retirement, via certified mail, to the Nonprofit associated with the group
special license plate. This notice will be mailed to the last address provided
by the Nonprofit in writing to the Department. This notice shall also act as
official notice that the Nonprofit can no longer associate itself with the
group special license plate. Upon receipt of the Retirement notice, the
Nonprofit must:
1. Immediately cease
collecting donations and issuing Certificates.
2. Within 72 hours, remove any reference to
the Nonprofit's Pre-Certification Qualifier, if applicable, for the group
special license plate from the Nonprofit's website, newsprint, or other
publicly accessible media.
c. A person whose vehicle is Registered with
a Retired group special license plate may continue to register with the group
special license plate so long as the license plate is not damaged, lost, or
stolen. The Department will not replace a Retired group special license plate
if the inventory is destroyed, exhausted, or the Department has determined not
to issue additional plates.
3.13 Nonprofits associated with Group Special
License Plates Created through Rule must meet the requirements of this rule
except as otherwise provided herein and/or pursuant to a contract between the
Nonprofit and the Department that establishes requirements that differ from
this rule.
3.14 A Nonprofit
associated with a Group Special License Plate Created through Statute must meet
the requirements of its respective authorizing statute and this rule.
3.15 An Approval Notification issued by the
Department does not constitute an agreement to create the proposed group
special license plate nor support legislation that would create the proposed
group special license plate. The Department will designate a Nonprofit as
directed in the enacting legislation.
4.0
Denial and Retirement
Appeals
4.1 If a Nonprofit's
application for a group special license plate has been denied, it may request a
hearing, in writing, within 60 days after the date of the notice of denial.
Written hearing requests shall be submitted to the Department of Revenue
Hearings Section.
4.2 The hearing
shall be held at the Department of Revenue, Hearing Section. The presiding
hearing officer shall be an authorized representative designated by the
Executive Director. The Department's representative need not be present at the
hearing unless the presiding hearing officer requires his or her presence or
the Sponsoring Organization requests his or her presence in writing. If the
Department's representative is not present at the hearing, the hearing officer
has the discretion to consider any written documents and affidavits submitted
by the Department.
4.3 A group
special license plate will be Retired pursuant to Code of Colorado Regulations
1 CCR 204-10 Rule 20. License Plate Retirement.
Notes
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