DEPARTMENT OF PUBLIC SAFETY Division of State Patrol RULES AND REGULATIONS CONCERNING THE COLORADO STATE PATROL PILOT COMMERCIAL VEHICLE VIN INSPECTION PROGRAM 8 CCR 1507-55 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ STATEMENT OF BASIS, STATUTORY AUTHORITY, AND PURPOSE §42-1-232(2), CRS, directs the Chief of the Colorado State Patrol (CSP) to design and enact a pilot program providing opportunities for qualified Transportation Associations or Organizations to apply for and receive authority to employ inspectors to verify commercial vehicle information, up to and including verification of vehicle identification numbers (VINs). §42-1-232(7), CRS, gives the Chief of the CSP authority to promulgate rules reasonably necessary to implement this pilot program, including rules necessary to review, approve, deny, suspend, or cancel any application or permit issued by the CSP as a result of the pilot program.

These rules provide information, definitions relevant to the pilot program, clarify minimum eligibility requirements of applicants and Transportation Associations or Organizations, and outline the authority of the CSP to not only accept and review applications and ongoing permit program compliance. The General Assembly has declared that the legal, accurate, and efficient verification of commercial vehicle VINs and other related identifying information is a matter of statewide concern. The General Assembly has further found that the establishment of this pilot program benefits the preservation of the public peace, health and safety. For these reasons, it is necessary that the proposed rules be adopted. I. AUTHORITY TO ADOPT RULES A. The Chief of the Colorado State Patrol (CSP) is authorized by the provisions of §42-1-232(7), CRS, to promulgate rules necessary to implement the pilot commercial vehicle VIN inspection program described within §42-1-232(2), CRS.

II. APPLICABILITY A. These rules and regulations shall apply to all individuals, corporations, Colorado government or governmental subdivisions or agencies or other legal entities engaged in the verification of commercial vehicle information that operate as Transportation Associations, Transportation Organizations, or Employee Verifiers, as defined by these rules. III. GENERAL DEFINITIONS A. The following definitions are applicable unless otherwise specified: 1. Civilian VIN Training: A class provided by the CSP to train individuals on how to perform and document VIN inspections. A certificate is provided to individuals upon successful completion of this course.

2. Commercial Vehicle: The definition of commercial vehicle will be as it is set forth within §42-4-235 (1) (a), CRS.

1 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol 3. Commercial Vehicle VIN Inspection Permit (CVVP): A permit issued by the Chief of the CSP or his or her delegate to a Transportation Association/Transportation Organization to employ and manage Employee Verifiers approved to verify commercial vehicle information, including VINs, for a statutorily set inspection fee. 4. Criminal History Search: A service provided by the Colorado Bureau of Investigation (CBI) that provides an individual’s Colorado criminal history upon request. 5. CVSA Certified Enforcement Official: CSP enforcement official who is certified by the Federal Motor Carrier Safety Administration (FMCSA) pursuant to 49 CFR 385, Subpart C, to perform compliance reviews and safety audits.

6. Employee Verifier: An employee or contract employee of a permitted Transportation Association/Transportation Organization (TA/TO) approved by the Chief of the CSP or his or her delegate to complete commercial vehicle verifications, including VINs. 7. Employee Verifier Permit (EVP): A permit issued by the Chief of the CSP or his or her delegate to a TA/TO holding a CVVP for purposes of employing a specific individual to complete commercial vehicle verifications, including VIN inspections. Multiple EVPs may be issued to different TA/TO’s for the same Employee Verifier where the Employee Verifier is employed by multiple TA/TO’s for the purposes of performing commercial vehicle verifications.

8. Enforcement Official: The definition of enforcement official will be as it set forth in §§ 16- 2.5-101, 16-2.5-115, and 16-2.5-143 and also as set forth in 42-20-103 (2), CRS. 9. Pilot Program Compliance Review: An examination of the records and/or the interviewing of VIN Pilot Permit Program participants by a CSP CVSA Certified Enforcement Official. Examination of any documents or interviews will be limited to those activities reasonably related to participation in the VIN Pilot Permit Program. 10. Transportation Association/Transportation Organization (TA/TO): A Colorado domiciled legal business entity and membership organization registered and in good standing with the Colorado Secretary of State that operates only within the state of Colorado focusing on transportation issues, regulations and highway safety and/or whose membership consists of legal entities primarily engaged in the operation of commercial vehicles within this state.

11. Vehicle Identification Number (VIN): Means any identifying number, serial number, engine number, or other identifying number or mark as is set forth in §42-5-101 (11), CRS.

IV. AUTHORITY TO REGULATE AND INSPECT A. §42-1-232 (7), CRS, gives the Chief of the CSP the authority to promulgate rules necessary to implement the pilot VIN program created by §42-1-232 (2), CRS. This authority extends to and includes:

1. Establishing application procedures and the development of required forms; 2. Establishing procedures related to the review and cancellation of permits; and 3. Establishing procedures for summary suspension of permits. 2 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol B. Delegation of any authority held by the Chief of the CSP relevant to the VIN Pilot Permit Program will occur in conformity with CSP policies.

C. Authority to inspect records 1. Authorized enforcement officials shall, at all times, have the authority to inspect all records relevant to activities regulated by these rules and arising out of the participation of either a TA/TO or Employee Verifier in the Pilot VIN Inspection Permit Program. Relevant records subject to inspection shall include:

i. Copies of all commercial vehicle VIN verifications completed by Employee Verifiers of a TA/TO; and ii. Copies of all documentation relevant to vehicle verification activities and background information for each Employee Verifier employed or formerly employed by the TA/TO during the period the TA/TO held a valid CVVP. iii. Relevant records will not include any records related to the salary or benefits of Employee Verifiers employed by a TA/TO.

2. The CSP shall have the exclusive enforcement authority to conduct Pilot Program Compliance Reviews. CSP Enforcement Officials who are certified by the FMCSA pursuant to 49 CFR 385, Subpart C, to perform compliance reviews and safety audits upon motor carriers operating commercial vehicles within the state of Colorado, shall also be authorized to perform Pilot Program Compliance Reviews upon TA/TOs and Employee Verifiers for which CVVPs or EVPs have been issued. i. All CVVPs and EVPs issued to TA/TOs will be reviewed annually to assess program compliance.

ii. Where appropriate, the CSP will complete additional reviews assessing the compliance of a TA/TO or an Employee Verifier with the Pilot VIN Verification Program. Additional reviews may be necessary when:

a. The CSP receives complaints about a TA/TO or the Employee Verifiers of a TA/TO that raise concerns about compliance with statute or these rules; or b. A TA/TO or an Employee Verifier appeals a decision to deny an application for an EVP or a decision cancelling a CVVP or an EVP and a review of the records relevant to the decision to deny or cancel is necessary to determine if the decision of the Chief of the CSP or his or her designee should be reevaluated.

V. ELIGIBILITY AND PERMIT APPLICATION STANDARDS A. Minimum Eligibility Requirements for TA/TOs applying for a CVVP 1. To be eligible to receive a CVVP, a TA/TO must:

i. Satisfy the definition of a TA/TO as set forth by these rules; 3 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol ii. Furnish evidence of a savings account or deposit in a certificate of deposit meeting the requirements of §11-35-101, CRS, or a surety bond that holds harmless any person who suffers loss or damage arising from the issuance of a certificate of title that included verification done by the potential CVVP holder and is in the amount of at least $10,000;

iii. Employ verifiers who demonstrate knowledge of the process and standards related to vehicle information verification, including the VIN verification process; iv. Employ verifiers who have not been convicted of violating Article 4 of Title 18, CRS, within ten years prior to the submission of any application; v. Agree to submit the name, background, experience, location of operation, contact information and any other information required by the Chief of the CSP or his or her designee for each Employee Verifier;

vi. Agree to use only those Employee Verifiers for which they have received an EVP for from the Chief of the CSP or his or her designee to verify commercial vehicle information, including VINs; and vii. Submit a complete CVVP application as required by the Chief of the CSP or his or her designee. Incomplete applications will be returned to the submitting applicant.

2. To be eligible to receive an EVP for an Employee Verifier to perform commercial vehicle information verifications:

i. The TA/TO submitting the EVP application must have a valid CVVP; ii. The TA/TO must include in the EVP application the name, background, experience, location of operation, contact information and any other information required by the Chief of the CSP or his or her designee for the Employee Verifier identified in the EVP application; and iii. The TA/TO must obtain a Criminal History Search from CBI for the Employee Verifier identified in the EVP. This Criminal History Search must confirm Employee Verifier identified in the EVP application has not been convicted of violating Article 4 of Title 18, CRS, within the ten years preceding submission of the EVP application. A printed copy of these search results, dated within 30 days of the EVP application submission, must be included with the EVP application. iv. The Employee Verifier identified in the EVP application must complete a signed declaration stating that he or she has not been convicted of violations of Article 4 of Title 18, CRS, within the past ten years prior to the EVP application submission. An original copy of this signed declaration must be included with the EVP Application.

v. The proposed Employee Verifier must have successfully completed the CSP Civilian VIN Verification training prior to issuing the EVP to the TA/TO. a. In the event a TA/TO submits an EVP application for an Employee Verifier prior to that Employee Verifier successfully completing the CSP Civilian VIN Verification training, an otherwise approved EVP application will remain in a “pending” status.

4 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol 1. Upon confirmation from the CSP that an Employee Verifier identified in a pending EVP application has successfully completed the CSP Civilian VIN Training, the EVP will be issued to the TA/TO.

2. A TA/TO shall not allow an Employee Verifier to verify commercial vehicle information on their behalf until the EVP is formally issued.

3. Upon confirmation from the CSP that an Employee Verifier identified in a pending EVP application has failed to successfully complete the CSP Civilian VIN Training, the EVP will be denied and written notice of the denial will be sent to the TA/TO. VI. CVVP APPROVAL, CONDITIONS, DENIAL, SUMMARY SUSPENSION, CANCELLATION AND APPEAL A. Approval of all CVVP applications will be in writing from the CSP Chief or his or her designee. Approval of all CVVP applications will include a copy of the CVVP issued to the TA/TO, signed by the Chief of the CSP or his or her designee.

B. Conditions applicable to all approved CVVPs:

1. A CVVP shall be valid for a period of no more than 24 months, or the duration of the VIN Pilot Program authorized by §42-1-232 (2), CRS, whichever expires sooner, contingent upon:

i. Compliance with §42-1-232 (4)-(6), CRS;

ii. Compliance with these rules;

iii. Satisfactory completion of the mandatory annual review performed by the CSP; and iv. Satisfactory completion of any compliance review conducted by a CSP CVSA Certified Enforcement Official, as may be applicable.

2. A CVVP must:

i. Be available upon demand for inspection by the CSP at the office of the TA/TO during regular business hours.

3. A CVVP:

i. Is not transferrable;

ii. Does not affect the right of any lawful authority to check for valid state-issued ID and employer-issued operating credentials of an Employee Verifier of a TA/TO; and iii. Does not affect the right of any lawful authority to confirm with the Chief of the CSP or his or her designee that a TA/TO has a valid CVVP and/or EVP. 4. The CSP Chief or his or her designee reserve the right to attach special conditions to any CVVP where it is determined that it is necessary or advisable to do so. 5 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol C. Denial of CVVP The Chief of the CSP or his or her designee may deny a CVVP application in writing when: 1. The application and/or the required supporting documentation is incomplete or incorrect; 2. The TA/TO fails to meet the definition of a TA/TO as established within these rules; 3. The CSP cannot verify that a TA/TO has a savings account or certificate of deposit meeting the requirements of §11-35-101, CRS, or a surety bond, each satisfying the monetary amounts established by §42-1-232 (3) (c), CRS. 4. The CVVP application submitted is determined to contain or assert misrepresentations; 5. The TA/TO does not agree to maintain and provide upon request the records required by these rules;

6. It is determined that the TA/TO previously employed or presently employs an Employee Verifier absent either a CVVP or EVP issued by the Chief of the CSP or his or her designee;

7. It is determined that the TA/TO previously employed or presently employs an Employee Verifier convicted of offenses under Article 4 of Title 18, CRS, and that conviction of these offenses is within 10 years prior to submission of the CVVP application; 8. It is determined that the TA/TO is or has been previously determined incompetent as a consequence of failing to adequately verify commercial vehicle information, including VINs, as a vehicle-related entity; or 9. It is determined that the TA/TO previously misused a CVVP, or the authority provided thereby, or has otherwise operated in a manner inconsistent with applicable statutes or these rules.

D. Summary Suspension of a CVVP A CVVP may be summarily suspended for up to 60 days pending a cancellation hearing. 1. Summary suspension of a CVVP may occur where the Chief of the CSP or his or her designee determines that irreparable harm may occur if the TA/TO holding the CVVP continues to verify commercial vehicle information, including VINs, as a vehicle-related entity.

2. Notice of a summary suspension of a CVVP will be provided in writing and in accordance with §24-4-104, CRS.

3. The TA/TO may appeal the summary suspension in writing and in a manner consistent with the appeal of the cancellation of a CVVP, set forth within these rules. E. Cancellation of a CVVP A CVVP may be cancelled by the CSP when:

1. A TA/TO no longer satisfies the definition of a TA/TO established within these rules. 2. A TA/TO fails to comply with §42-1-232, CRS, or these rules. 6 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol 3. A TA/TO is discovered to have asserted misrepresentations in their CVVP application. 4. A TA/TO is discovered and determined to have failed to maintain copies of all documentation related to participation in the Pilot Vin Verification Program, including: i. Copies of all commercial vehicle VIN inspections completed; ii. All receipts or invoices issued as a result of commercial vehicle VIN inspections completed; and iii. All related documents for Employee Verifiers currently or previously employed by the TA/TO for an active CVVP period plus six (6) months. 5. A TA/TO fails to provide sufficient, written notice to the Chief of the CSP or his or her designee of the separation of employment of an approved Employee Verifier for which an EVP has been issued within seven (7) says of the date of separation. i. When the separation of employment involves employee misconduct directly related to the performance of commercial vehicle VIN inspections, the TA/TO must include in their written notice to the CSP a statement identifying this misconduct. Failure to include this information will result in the written notice being determined insufficient by the CSP.

6. When after 60 days and an opportunity to appeal the decision of the CSP Chief and his or her designee, the decision to summarily suspend a CVVP is upheld. 7. The cancellation of a CVVP held by a TA/TO will result in the subsequent cancellation of all EVPs also held by the same TA/TO.

F. Appeal of CVVP Application Denial, Summary Suspension or Cancellation 1. Within 30 days of receiving written notice from the Chief of the CSP or his or her designee denying, summarily suspending, or cancelling a CVVP, a TA/TO may request a hearing. A request for a CVVP hearing from a TA/TO must: i. Be in writing;

ii. Be addressed to the Chief of the CSP or his or her designee; and iii. Must explain the error that the TA/TO believes the CSP committed in denying the CVVP application or in summarily suspending or cancelling the CVVP. 2. The CSP Chief or his or her designee will hold the hearing. i. The scope of the hearing will be limited to whether the TA/TO is eligible to participate as a CVVP holder.

a. Where the appeal involves the cancellation of an existing CVVP, the scope of the hearing will include discussion of the TA/TO’s compliance with these rules.

ii. The CSP Chief or his or her designee will issue a written decision within 20 business days of the completed hearing 7 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol a. If the CSP Chief or his or her designee finds that evidence of noncompliance or ineligibility is sufficient to sustain the CVVP denial, summary suspension, or cancellation, the prior decision to deny, summarily suspend or cancel the CVVP will be sustained. b. If the CSP Chief or his or her designee finds that evidence of ineligibility or noncompliance is not sufficient for denial, summary suspension, or cancellation of a CVVP, the denial, summary suspension, or cancellation will be immediately overturned and the CVVP application will either be approved, the summary suspension rescinded, or the CVVP reinstated. c. The decision of the CSP Chief or his or her designee in either case shall constitute a final agency action and is subject to judicial review as described by §24-4-106, CRS.

VII. EVP APPROVAL, CONDITIONS, DENIAL, SUMAMARY SUSPENSION, CANCELLATION AND APPEAL A. Approval of all EVP applications will be in writing from the CSP Chief or his or her designee. Approval of all EVP applications will include a copy of the EVP issued to the TA/TO, identify the CVVP to which they are attached, and will be signed by the Chief of the CSP or his or her designee.

B. Conditions applicable to all approved EVPs:

1. An EVP shall be valid for a period of no more than 24 months, the duration of the VIN Pilot Program authorized by §42-1-232 (2), CRS, or the term of the employment of the Employee Verifier with the TA/TO, whichever expires first, contingent upon: i. Compliance of a TA/TO with the Employee Verifier requirements established within §42-1-232 (2)-(4), CRS;

ii. Compliance of a TA/TO and an Employee Verifier with these rules; iii. Completion of the CSP Civilian VIN Training by the identified Employee Verifier; and iv. The absence of any conviction against the Employee Verified identified on an EVP for violations of Article 4, Title 18, CRS, within the ten years prior to the submission of the EVP application.

2. An EVP must:

i. Be available upon demand for inspection by the CSP at the office of the TA/TO during regular business hours.

3. An EVP:

i. Is not transferrable;

ii. Does not affect the right of any lawful authority to check for valid state-issued ID and employer-issued operating credentials of any Employee Verifier operating as an Employee Verifier of a TA/TO;

8 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol iii. Does not affect the right of any lawful authority to confirm with the Chief of the CSP or his or her designee that an Employee Verifier is operating pursuant to a valid EVP;

iv. Is valid only when being used by an Employee Verifier operating on behalf of the TA/TO to which the EVP is issued.

a. An Employee Verifier may be approved by the Chief of the CSP or his or her designee to complete commercial VIN verifications for more than one (1) TA/TO.

b. Where an Employee Verifier is employed by more than one (1) TA/TO to complete commercial VIN verifications, each TA/TO must complete a separate EVP application.

c. Prior approval of an EVP application for an Employee Verifier employed by a TA/TO do not guarantee approval of subsequent EVP applications from other TATOs identifying the same Employee Verifier. C. Denial of an EVP The Chief of the CSP or his or her designee may deny an EVP application in writing when: 1. The TA/TO applying for an EVP does not have a valid CVVP; 2. The TA/TO submitting the application fails to meet the definition of a TA/TO as established by these rules;

3. The application and/or the required supporting documentation is incomplete or incorrect; 4. The Employee Verifier identified in the EVP application is not employed by the TA/TO submitting the application;

5. The Employee Verifier identified in the EVP application fails to complete the CSP Civilian VIN training.

6. The Employee Verifier identified in the EVP application is determined to have been convicted of violations of Article 4 of Title 18, CRS, within ten year prior to the date of the EVP application submission;

7. The Employee Verifier identified in the EVP application fails to complete a written declaration confirming that he or she has not been convicted of violations of Article 4 of Title 18, CRS, within ten years prior to the date of the EVP application submission or an original of this signed declaration is not included by the TA/TO in the application submission 8. The EVP application is determined to contain or assert misrepresentations; 9. The TA/TO submitting the EVP is or has previously been determined incompetent as a consequence of failing to adequately verify commercial vehicle information, including VINs, as a vehicle-related entity;

10. It is determined that the TA/TO submitting the EVP previously misused their CVVP, or the authority provided thereby, or has otherwise operated in a manner inconsistent with applicable statutes or rules;

9 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol 11. It is determined that the Employer Verifier identified in the EVP application previously misused their position as an Employee Verifier of a TA/TO, or the authority provided thereby, or has otherwise operated in a manner inconsistent with applicable statutes or these rules.

D. Summary Suspension of an EVP An EVP may be summarily suspended for up to 60 days pending a cancellation hearing. 1. Summary suspension of an EVP may occur where the Chief of the CSP or his or her designee determines that irreparable harm may occur if either the TA/TO holding the EVP or the Employee Verifier identified by the EVP continues to verify commercial vehicle information, including VINs, as a vehicle-related entity. 2. Notice of a summary suspension of an EVP will be provided in writing to both the TA/TO and the Employee Verifier, and in accordance with §24-4-104, CRS. 3. Either the TA/TO or the Employee Verifier may appeal the summary suspension in writing and in a manner consistent with the appeal of a cancellation of an EVP by either a TA/TO or an Employee Verifier, set forth within these rules.

E. Cancellation of an EVP An EVP may be cancelled when:

1. A TA/TO is determined to no longer hold a valid CVVP; 2. An Employee Verifier is no longer employed by the TA/TO indicated on an EVP; 3. An Employee Verifier is convicted of an offense under Article 4 of Title 18, CRS, while employed by a TA/TO;

4. It is determined that the Employee Verifier knowingly previously completed verification of commercial vehicle information, including VINs, prior to an EVP being issued to a TA/TO for the Employee Verifier;

5. It is determined that the Employee Verifier was convicted of an offense under Article 4 of Title 18, CRS, within 10 years prior to the date the EVP application was submitted by the TA/TO;

6. The Employee Verifier is determined to be incompetent for failure to adequately verify commercial vehicle information, including VINs, when employed by a vehicle-related entity, including a TA/TO, as defined by these rules.

7. The cancellation of an EVP issued to a TA/TO will not necessarily result in the subsequent cancellation of any other EVP or the CVVP issued to the TA/TO. 8. The cancellation of an EVP may result in the subsequent review of EVPs issued to other TA/TOs identifying the same Employee Verifier.

F. Appeal of Denial of EVP Application Denial, Summary Suspension or Cancellation 10 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol 1. Within 30 days of receiving written notice from the Chief of the CSP or his or her designee denying, summarily suspending, or cancelling an EVP, a TA/TO or the Employee Verifier identified may request a hearing. A request for a hearing by either must:

i. Be in writing;

ii. Be addressed to the Chief of the CSP or his or her designee; and iii. Must explain the error that the TA/TO or Employee Verifier believes the CSP committed in denying the EVP application or in summarily spending or cancelling the EVP.

2. The CSP Chief or his or her designee will hold the hearing. i. The scope of the hearing will be limited to the EVP appealed, regardless of any other EVPs held by or applied for by a TA/TO or that identify the Employee Verifier.

a. Where the appeal involves the cancellation of an existing EVP, the scope of the hearing will include discussion of the Employee Verifier’s or the TA/TO’s compliance with these rules, as each may be relevant. ii. The CSP Chief or his or her designee will issue a written decision within 20 business days of the completed hearing.

a. If the CSP Chief or his or her designee finds that evidence of noncompliance or ineligibility is sufficient to sustain the EVP denial, summary suspension, or cancellation, the prior decision to deny, summarily suspend or cancel the EVP will be sustained.

b. If the CSP Chief or his or her designee finds that evidence of ineligibility or noncompliance is not sufficient for denial, summary suspension, or cancellation of an EVP, the denial, summary suspension, or cancellation will be immediately overturned, resulting in the approval of the EVP application, cancellation of the summary suspension, or the reinstatement of the cancelled EVP.

c. The decision of the CSP Chief or his or her designee in either case shall constitute a final agency action and is subject to judicial review as described by §24-4-106, CRS.

VIII. MISCELLANEOUS A. All contact with the CSP regarding these rules or their applicability should be addressed to the Chief of the CSP or his or her delegate at Colorado State Patrol Criminal Investigations Branch Investigative Services Section 15055 S. Golden Road Golden, CO 80401 303-273-1771 303-273-1822 11 CODE OF COLORADO REGULATIONS 8 CCR 1507-55 Division of State Patrol B. All publications and rules adopted and incorporated by reference in these regulations are on file and available for public inspection by contacting the officer in charge of the CSP [Section] at [Address}, Golden, CO 80401 or online at the CDPS website at: HTTPS://WW.COLORADO.GOV/PACIFIC/PUBLICSAFETY/RULES-AND-REGULATIONS-6. Materials incorporated by reference may be examined at any sate publication depository library. This rule does not include later amendments to or additions of any materials incorporated by reference.

_________________________________________________________________________ Editor’s Notes History New rule eff. 12/30/2017.

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