1 CCR 204-10-41 - PERMANENT DISPOSAL OF A LICENSE PLATE OR PRODUCT

Basis: The statutory bases for this rule are sections 42-1-204 and 42-3-201(6), C.R.S.

Purpose: The purpose of this rule is to establish criteria for the Permanent Disposal of a license plate or product.

1.0 Definitions

1.1 "Damaged" means a license plate or product that has been rendered unusable to issue to a customer. "Damaged" includes, but is not limited to, scratched, bent, torn, or the adhesion medium is not longer effective.

1.2 "Damaged In Transit" means a license plate or product that is Damaged while being moved from one location to another.

1.3 "Destroy" means applying a method in which the Scrap and the material it is made of is rendered unusable as a license plate or product. "Destroy" may include, but is not limited to, melting, cutting into pieces, crushing, or burning.

1.4 "DRIVES" means the Driver License, Record, Identification, and Vehicle Enterprise Solution.

1.5 "Expired Product" means any product that is date bound by a date indicator printed on the product for which the date on the product is no longer valid or able to be issued in DRIVES.

1.5 "Issued" for the purpose of this rule means:

a. A DRIVES inventory status of a license plate or product that has been consumed during a vehicle registration activity in DRIVES, but due to various reasons has not been physically provided to a customer or affixed to the vehicle and has not been returned to available inventory in DRIVES which renders the reuse of such license plate or product impossible; or

b. A license plate or product produced via a "Print On Demand" process that was unable to be delivered to the owner and was returned to the County and the County was unsuccessful in contacting the owner to receive the returned license plate or product.

1.6 "Ordinary Course of Business" means, but is not limited to, the receipt of a license plate or product that is Voluntarily Surrendered, found, directed to be Destroyed per a law enforcement action or by the Department, turned in by a person to the Department or a County Motor Vehicle office, Expired Product, or a license plate or product that is in an "Issued", "Reserved", "Damaged", or "Damaged In Transit" inventory status in DRIVES.

1.7 "Permanent Disposal" or "Permanent Dispose(d)" means to either Destroy, Recycle or Scrap.

1.8 "Product" means assigned ID VIN tag, collector owner decal, identifying placard, low power scooter decal, trailer ID tag, month tab, mounting board, plug-in electric vehicle decal, title paper, PWD validating tab, year tab, combined registration receipt, or secure form.

1.9 "Recycle" means the converting of Scrap into another reusable material but rendering it unusable as a license plate or product.

1.10 "Reserved" for the purpose of this rule means a DRIVES inventory status of license plate or product that has been associated to a pending registration activity in DRIVES, that has not been properly completed or cancelled for a prolonged period of time, but due to various reasons cannot be resolved and does not allow the return of such license plate or product to available inventory in DRIVES which renders the reuse of the license plate or product impossible.

1.11 "Scrap" means any license plate or product that has either been Voluntarily Surrendered or acquired in the Ordinary Course of Business with the intent of the license plate or product being Permanently Disposed.

1.12 "Scrap Entity" means any business, entity, junk yard, recycler or metals dealer that is in the business of Permanently Disposing of materials.

1.13 "Voluntarily Surrendered" means a license plate or product given to the Department or to a County Motor Vehicle office by any person.

2.0 Permanent Disposal Processes Approval

2.1 The Department will maintain Scrap Permanent Disposal processes with the Department of Corrections, Colorado Correctional Industries which will be made available to County Motor Vehicle offices to Permanently Disposal of Scrap the County received in the Ordinary Course of Business.

2.2 Every five years, each County Clerk and Recorder must complete and apply for approval from the Department, for the County's Scrap Permanent Disposal process. Application must be completed on forms provided by the Department.

2.3 A County that elects to perform Scrap Permanent Disposal with a Scrap Entity that is not Colorado Correctional Industries must have a written agreement with that Scrap Entity. The agreement must contain provisions in it holding the Scrap Entity to the same standards as a County per Colorado Revised Statute and this rule as it relates to the Scrap Entity performing Scrap Permanent Disposal operations for the County. If a County elects to utilize Colorado Correctional Industries for its Scrap Permanent Disposal a written agreement is not required between the County and Colorado Correctional Industries.

3.0 Requirements

3.1 A license plate or product that is acquired in the Ordinary Course of Business shall be Permanently Disposed of in a timely and secure manner as approved by the Department in accordance with the Department approved County Scrap Permanent Disposal application.

3.2 Reselling, reusing, giving or gifting of Scrap is prohibited.

3.3 It is the responsibility of the County to ensure compliance with this rule and any laws pertaining to the Permanent Disposal of Scrap with any Scrap Entity the County has an agreement with.

a. If Colorado Correctional Industries is used for Permanent Disposal of Scrap for the County, the County's responsibility is limited to the time period that the Scrap is in physical possession of the County and only until it is surrendered to and evidence of receipt of Scrap is received from Colorado Correctional Industries.

3.4 Scrap must be maintained in a secure location and accounted for at all times until the actual Permanent Disposal is completed. This includes transportation to the Scrap Entity.

3.5 Scrap must be logged in DRIVES within twenty-four hours of receipt of the Scrap and recorded on forms required by the Department. The Department may waive the twenty-four hour requirement if a large amount of Scarp is being logged.

3.6 Upon surrendering Scrap to a Scrap Entity or to Colorado Correctional Industries for Permanent Disposal the County must obtain evidence of receipt of the Scrap from the Scrap Entity or Colorado Correctional Industries.

Notes

1 CCR 204-10-41

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