1 CCR 204-10-20 - LICENSE PLATE RETIREMENT

Basis: The statutory bases for this rule are sections 42-1-204, 42-3-207, 42-3-212(7), 42-3-214(7), 42-3-221(6), 42-3-222(6), 42-3-223(6), 42-3-224(2)(a), 42-3-225(2)(b), 42-3-226(2)(a), 42-3-227(6), 42-3-228(6), 42-3-229(2)(a), 42-3-230(6), 42-3-231(6)(a), 42-3-232(6)(a), 42-3-233(6), 42-3-234(6)(a), 42-3-237(6), 42-3-238(2)(a), 42-3-239(2)(a), 42-3-240(2)(a), 42-3-241(2)(a), 42-3-242(2)(a), 42-3-243(2)(a), 42-3-244(2)(a), 42-3-245(2)(a), 42-3-246(2)(a), 42-3-247(2)(a), 42-3-248(2)(a), 42-3-249(2)(a), 42-3-250(2)(a), 42-3-251(2)(a), and 42-3-252(3)(a), C.R.S.

Purpose: The purpose of this rule is to establish criteria for the Retirement of Specialty License Plates.

1.0 Definitions

1.1 "Alumni License Plate" means a Specialty License Plate issued to recognize an alumni association of a private or public college or university that is located within Colorado pursuant to 42-3-214, C.R.S.

1.2 "Certificate" for the purpose of this rule means a Department approved-letter, voucher, or other document issued by a Sponsoring Organization to a person as evidence that the person is qualified to receive a Specialty License Plate. A Certificate may be issued in electronic or digital format instead of paper, if approved by the Department.

1.3 "Distinctive Group Special License Plate" means a Specialty License Plate created though statute that is neither an Alumni License Plate; a Group Special License Plate; nor a "Distinctive Special License Plate" as defined in 42-1-102 (24.5), C.R.S.

1.4 "Group Special License Plate" means a Specialty License Plate that is either a "Group Special License Plate Created through Rule" or "Group Special License Plate Created through Statute" as those terms are defined in Code of Colorado Regulations 1-CCR-204-10, Rule 16. Group Special License Plates.

1.5 "Nonprofit" means an entity that is a 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 Specialty License Plate.

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 a Specialty License Plate, unless the context requires otherwise.

1.8 "Retire" or "Retirement" means the discontinuation of the production, issuance, and registration of the Specialty License Plate, except for Distinctive Special License Plates.

1.9 "Specialty License Plate" for the purpose of this rule means an Alumni License Plate, a Distinctive Special License Plate, a Distinctive Group Special License Plate, or a Group Special License Plate.

1.10 "Sponsoring Organization" means an alumni association that has an Alumni License Plate or a Nonprofit that has a Group Special License Plate or a Distinctive Group Special License Plate.

2.0 Requirements

2.1 A Specialty License Plate is subject to Retirement when:

a. The Specialty License Plate's respective authorizing statute requires that a minimum number of plates shall be issued by a specified date and the Sponsoring Organization has not met that requirement, except for a Distinctive Special License Plate; or

b. The Specialty License Plate's respective authorizing statute identifies a minimum number of plates to be issued by a specified date, but does not require that the minimum be met, and the Sponsoring Organization has not met that requirement, the Department may Retire the Specialty License Plate as determined by the Department, except for a Distinctive Special License Plate; or

c. The Specialty License Plate is subject to Retirement under any other applicable rule or statute.

3.0 Retirement Process

3.1 Upon the occurrence of any event that would initiate Retirement of a Specialty License Plate, the Department will provide notice and a right to request a hearing pursuant to sections 24-4-104 and 24-4-105, C.R.S., to the Sponsoring Organization.

3.2 The hearing shall be held at the Department of Revenue, Hearings Section. The presiding hearing officer will 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.

3.3 If the proceedings result in Retirement of the Specialty License Plate, the Department will issue a final agency order retiring the license plate. The final agency order will act as official notice that the Sponsoring Organization is no longer associated with the plate and, upon receipt of the order, the Sponsoring Organization must:

a. Within 72 hours, cease issuing Certificates, if applicable;

b. Within 72 hours, remove any reference to the Sponsoring Organization's Pre-Certification Qualifier, if applicable, for the Specialty License Plate from the Sponsoring Organization's website, newsprint, or other publicly accessible media; and

c. Immediately cease any representation in any form, whether active or passive, that suggests that meeting a Pre-Certification Qualifier could qualify a person for the issuance of a Specialty License Plate.

3.4 The Department will inform all Registered owners of the Retirement. A person whose vehicle is Registered with a Retired Specialty License Plate may continue registration with the license plate so long as the license plate is not damaged, lost, stolen, voluntarily surrendered to the Department, or the owner allows the vehicle's registration to which the Specialty License Plate is issued to expired. The Department will not replace a Retired license plate if the license plate is destroyed, lost, stolen, voluntarily surrendered to the Department or any other circumstance.

Notes

1 CCR 204-10-20

37 CR 15, August 10, 2014, effective 8/30/2014 37 CR 22, November 25, 2014, effective 12/15/2014 37 CR 24, December 25, 2014, effective 1/14/2015 38 CR 04, February 25, 2015, effective 3/17/2015 38 CR 13, July 10, 2015, effective 7/30/2015 38 CR 16, August 25, 2015, effective 9/14/2015 38 CR 22, November 25, 2015, effective 12/15/2015 38 CR 23, December 10, 2015, effective 1/14/2016 39 CR 01, January 10, 2016, effective 1/30/2016 39 CR 03, February 10, 2016, effective 3/1/2016 39 CR 09, May 10, 2016, effective 5/30/2016 39 CR 10, May 25, 2016, effective 6/14/2016 39 CR 12, June 25, 2016, effective 7/30/2016 39 CR 15, August 10, 2016, effective 8/30/2016 39 CR 16, August 25, 2016, effective 9/14/2016 39 CR 23, December 10, 2016, effective 12/30/2016 40 CR 03, February 10, 2017, effective 3/2/2017 40 CR 13, July 10, 2017, effective 7/30/2017 40 CR 16, August 25, 2017, effective 9/14/2017 40 CR 19, October 10, 2017, effective 10/30/2017 40 CR 22, November 25, 2017, effective 12/15/2017 41 CR 02, January 25, 2018, effective 2/14/2018 41 CR 03, February 10, 2018, effective 3/2/2018 41 CR 06, March 25, 2018, effective 4/14/2018 41 CR 08, April 25, 2018, effective 5/15/2018 41 CR 09, May 10, 2018, effective 5/30/2018 41 CR 10, May 25, 2018, effective 6/14/2018 41 CR 15, August 10, 2018, effective 8/30/2018 41 CR 17, September 10, 2018, effective 9/30/2018 41 CR 19, October 10, 2018, effective 10/30/2018 41 CR 22, November 25, 2018, effective 12/15/2018 42 CR 03, February 10, 2019, effective 3/2/2019 42 CR 08, April 10, 2019, effective 5/15/2019 42 CR 10, May 25, 2019, effective 6/14/2019 42 CR 11, June 10, 2019, effective 6/30/2019 42 CR 14, July 25, 2019, effective 8/14/2019 43 CR 01, January 10, 2020, effective 1/30/2020 43 CR 04, February 25, 2020, effective 3/16/2020 43 CR 06, March 25, 2020, effective 4/14/2020 43 CR 07, April 10, 2020, effective 5/1/2020 43 CR 12, June 25, 2020, effective 7/16/2020 43 CR 18, September 25, 2020, effective 10/15/2020 44 CR 13, July 10, 2021, effective 7/31/2021 45 CR 01, January 10, 2022, effective 1/30/2022 45 CR 07, April 10, 2022, effective 7/1/2022 46 CR 05, March 10, 2023, effective 4/3/2023 46 CR 07, April 10, 2023, effective 4/30/2023