Sometimes You Need an Attorney...To Tell You That You Don't Need them.

Because of my history at the Colorado Department of Revenue's Hearings Division, I regularly get questions from both attorneys and potential clients about the laws and rules that govern the agency. Because one of the biggest sub-agencies under DOR is the DMV, typically questions revolve around drivers licenses and/or license restoration. When you dabble heavily in state regulatory issues like I do, it becomes all important that you regularly follow the Colorado Register and monitor it for updates. It's far too easy to learn a certain area of law and then coast for years, not paying attention to new developments in state law When the changes are regulatory in nature, however, it's far easier to miss very, very important modifications that can impact things in dramatic ways. Recently, I received a call from an individual that sought to get a driver's license from Colorado. Unfortunately for him, his driving record from his home state--the state he moved to Colorado from--banned him from driving for a very long period of time. He had been getting around with Uber and Lyft, but was trying to see if he could otherwise get a license here. He had applied for a license through Colorado's DMV previously, but for reasons I won't go into here, the Department of Revenue ultimately denied him a license. While most attorneys he spoke with told him that he was out of luck for another year, I knew better. First, because there was no rule or law that provides application for licensure to drive had to be spaced one year apart from the last denial; and second, because as of January 22, 2021, the rules and regulations that governed the Interstate Compact for Driver's Licenses (1 CCR 204-30) was dramatically rewritten.

Traditionally, if you had an out-of-state restraint and wanted a license in Colorado, you would jump through all the hoops of applying for a license here, and then getting notice of denial when the DMV determined that you were registered in the National Driver Registry (NDR). You would then request a hearing to determine whether, regardless of the out-of-state restraint, you could be issued some manner of license in Colorado. That hearing would be held with the administrative court of the Department of Revenue, and the hearing officer would determine what kind of license you'd be eligible for, if any--had the events that claimed your driving privileges outside Colorado happened in Colorado. Further, there was an additional aspect of the hearing wherein you'd have to demonstrate to the administrative judge how you are currently safe to use the roads. Now, that whole hearings process has been put into the hands of the DMV. If you're denied a license due to the out of state restraint, they'll let you know by issuing you a document asserting that you're "not eligible." You can then make a written request for review, and the DMV's agents will conduct a background investigation to determine if you're eligible for a license in Colorado by determining what restraints you'd face if the actions that gave rise to the out of state restraints happened in Colorado. If you disagree with their ultimate assessment or what restrictions they place you on, you can THEN request a hearing to the Hearings Division. Ultimately, I think this is a really good thing for administrative court congestion and ease of access for the general public to government licensing services. As an attorney, I have a duty to promote changes in government to better the public, and this is definitely one I can get behind, even if it means that 70% of individuals in this situation no longer need my assistance. The men and women I've spoken to about this new development thank me profusely for the direction, as they realize that they can save their time and money for other things other than my legal services, or anyone else's for that matter. While I enjoy earning a living from helping people, sometimes its just as nice to be able to give people some free confidence in the fact that they're going to be ok without me. I take my hat off to DOR, DMV, and Hearings Division for working together to tackle a long-term problem with a great solution.