Hearings Division 2023 Regulatory Agenda Report
The Colorado Department of Revenue (CDOR) submits the following 2023 Departmental Regulatory Agenda Report (Report) in fulfillment of the statutory requirements set forth in §2-7-202(6), 2-7-203, and 24-4-103.3(4), C.R.S. Pursuant to state law, annually on November 1 executive-branch agencies must file the Report in order to provide results of the past year's rulemaking activity.
Pursuant to §2-7- 202(6), C.R.S., the Report must contain:
- (f) Commencing with departmental regulatory agendas submitted on and after November 1, 2013, a list and brief summary of all permanent and temporary rules actually adopted since the previous departmental regulatory agenda was filed.
Pursuant to §24-4-103.3(4), C.R.S., the Report must contain: - (4) Each principal department shall include a report on the results of its mandatory review of rules as part of its departmental regulatory agenda that it submits to the staff of the legislative council for distribution to the applicable committee of reference of the general assembly as outlined in section 2-7-203, C.R.S.
The Agenda is to be filed with Legislative Council Staff for distribution to committee(s) of reference, posted on CDOR’s website, and submitted to the State Library, the Colorado Department of Regulatory Agencies, and the Secretary of State for publication in the Colorado Register.
CDOR must also present its Report as part of its “SMART Act” presentation pursuant to §2-7-203(2)(a), C.R.S.
CDOR works with several boards and commissions that promulgate rules; for ease of use for the consumer, those rules are included in CDOR's Report.
The Report covers Calendar Year 2023 (CY23). Rules that will be completed after November 1, 2022, are be marked as "ongoing" or "in progress".
Rule Number | Rule Title | New rule, | Statutory or | Purpose | Stakeholders | Status | Adoption Date | Comments |
|---|---|---|---|---|---|---|---|---|
| 1 CCR 211-2 Rule 7 | Requirement of Written Hearing Request | New | This rule is promulgated pursuant to sections 24-4-103, 42-1-204, 42-2-122 (1)(a-g), 42-2-125, 42-2- 127.6, 42-2-304.5, 42-2-405.5, and 42-2-409, C.R.S. | The purpose of this rule is to clarify the procedure for requesting a driver’s license hearing under Title 42 of the Colorado Revised Statutes. | Public; DOR DMV Section | Adopted | September 19, 2023 | |
| 1 CCR 211-2 Rule 8 | Scheduling hearings by phone or other electronic means | New | Title 42 | The purpose of this rule is to increase efficiency by utilizing available technology | Public; DOR DMV Section | Adopted | September 19, 2023 | |
| 1 CCR 211-2 Rule 9 | Rescheduling hearing rule | New | Title 42 | The purpose of this rule is to clarify the procedure for rescheduling or continuing hearings. | Public; DOR DMV Section | Adopted | September 19, 2023 | |
| 1 CCR 211-1 Rule 1 | Scope of Rules | New | 24-2-105 and 24-35-103 | The purpose of this rule is to explain the scope of the rules under 211-1 | Public, defense bar, other DOR Divisions (AID, MED, LED, Tax, Titles and Registration) | Ongoing | This rule has been turned over to the Executive Director for Adoption. | |
| 1 CCR 211-1 Rule 2 | Definitions | Revision | 24-2-105 and 24-35-103 | The purpose of this rule is to define terms of art relevant to all the rules in 211-1 | Public, defense bar, other DOR Divisions (AID, MED, LED, Tax, Titles and Registration) | Ongoing | This rule has been turned over to the Executive Director for Adoption. | |
| 1 CCR 211-1 Rule 3 | Hearing Officer Authority | Revision | 24-2-105 and 24-35-103 | The purpose of this rule is to define the hearing process and procedures applicable in Administrative Cases before the Hearings Division of the DOR | Public, defense bar, other DOR Divisions (AID, MED, LED, Tax, Titles and Registration) | Ongoing | This rule has been turned over to the Executive Director for Adoption. | |
| 1 CCR 211-1 Rule 4 | Determination of Motions | New | 24-2-105 and 24-35-103 | The purpose of this rule is to define the determination of motions procedures applicable in Administrative cases before the Hearings Division of the DOR | Public, defense bar, other DOR Divisions (AID, MED, LED, Tax, Titles and Registration) | Ongoing | This rule has been turned over to the Executive Director for Adoption. | |
| 1 CCR 211-1 Rule 5 | Evidence | Revision | 24-2-105 and 24-35-103 | The purpose of this rule is to define the Evidence procedures applicable in Administrative hearings before the Hearings Division of the DOR | Public, defense bar, other DOR Divisions (AID, MED, LED, Tax, Titles and Registration) | Ongoing | This rule has been turned over to the Executive Director for Adoption. | |
| 1 CCR 211-1 Rule 6 | Conduct and Decorum | Revision | 24-2-105 and 24-35-103 | The purpose of this rule is to define the conduct and decorum procedures applicable in Administrative hearings before the Hearings Division of the DOR | Public, defense bar, other DOR Divisions (AID, MED, LED, Tax, Titles and Registration) | Ongoing | This rule has been turned over to the Executive Director for Adoption. | |
| 1 CCR 211-1 Rule 7 | Special Rules pertaining to Taxation Hearings | New | 29-2-106.1; 39-21-103; 39-21-104; 39-21-108; and 39-21-112(1) | The purpose of this rule is to describe the unique procedure, structure, and requirements in Taxation cases before the Hearings Division of the DOR | Public, defense bar, Tax | Ongoing | This rule has been turned over to the Executive Director for Adoption. |