4 CCR 727-1
1.00 APPLICATION FOR EXAMINATIONS AND LICENSURE.
1.01. Applicants for the national exam must complete the application required by the exam administrator. If the Board requires an exam in addition to or in lieu of the national exam, applicants must complete the application required by the board. Applicants must also submit a letter to the Board from an approved school of veterinary medicine indicating that they will graduate within 6 months of the testing date. Applicants from non-approved foreign schools must submit a letter to the Board from the entity responsible for the administration of the Educational Commission for Foreign Veterinary Graduates (ECFVG) indicating that they are currently enrolled in the ECFVG program.
1.02. Applicants for licensure must submit to the Board a completed application and a letter from the School/College of Veterinary Medicine or the College/University Registrar stating that the applicant has been awarded the degree doctor of veterinary medicine. The letter must bear the seal of the institution. The applicant must also submit evidence that he has passed the national examination. A photograph taken within the past 12 months, signed by the applicant must be attached to the application.
1.03. In addition to compliance with the provisions of 1.02 above, an applicant who is a graduate of a non-approved College of Veterinary Medicine outside of the United States or Canada must submit a photostatic copy of his Educational Commission for Foreign Veterinary Graduates (ECFVG) certificate or equivalent dated after July 1, 1980 as issued.
2.00 APPLICATION FOR LICENSE BY ENDORSEMENT.
2.01. Applicants for licensure by endorsement § (12-64-108(4)(a), CRS, 2001) must have a license in good standing in another state, must possess credentials and qualifications which are “substantially equivalent” to requirements in Colorado for licensure by examination, and must comply with the following:
(a) The applicant must submit evidence that he has graduated from an approved school of veterinary medicine or an applicant who is a graduate of a non-approved college of veterinary medicine outside of the United States or Canada must submit a photostatic copy of his Educational Commission for Foreign Veterinary Graduates (ECFVG) Certificate or equivalent dated after July 1, 1980 as issued, or the applicant must demonstrate to the satisfaction of the Board that he or she possesses qualifications and credentials which are substantially equivalent as set forth in rule 4; and (b) The applicant must submit evidence that he has passed the written or computerized national examination or the currently accepted national examination or other equivalent written or computerized examination required by the Board with a score meeting the Colorado standards at the time of application or the applicant is otherwise able to demonstrate to the satisfaction of the Board that he or she possesses qualifications and credentials which are substantially equivalent as set forth in rule 4.
3.00 SPECIALTY BOARD CERTIFICATIONS.
3.01. Applicants seeking licensure by specialty board certification (CRS 12-64-108(4)(b), 2001) must meet the requirements of rule 2.01.1 and 2.01.2 and provide evidence of certification. In addition, if the applicant is seeking to demonstrate that his qualifications are “substantially equivalent to requirements in Colorado for licensure by examination” , he must meet the requirements of rule 4.
4.00 EXAMINATIONS.
4.01. Acceptable written or computerized national testing service examination(s) used by the Board may be examination(s) prepared by a national testing service. 4.02. The scores of the written or computerized examinations must be reported directly to the Board by the appropriate reporting service.
4.03. The passing score for the acceptable written or computerized national testing service examination(s) shall be the level of test performance, as determined by the Board, that represents minimal acceptable competence. This may be a criterion referenced passing score. 4.04. In determining whether a written examination is substantially equivalent to the national examination for purposes of § 12-64-107(3)(c), 12-64-108(4)(a) or 12-64-108(4)(b), CRS, the Board will take into consideration the subject matter tested; the number of questions asked; how the examination was administered; whether the examination is recognized by a reliable source such as a testing service, institution, or another jurisdiction; specifications; reliability; the recency of the examination; and the minimum passing score equivalent.
4.05. The Board may, in its discretion, supplement the national examination by orally or practically examining any person qualifying for licensing, including any person applying under § 12-64- 107(3)(c), 12-64-108(4)(a), or 12-64-108(4)(b), CRS.
5.00 LICENSE RENEWALS AND REINSTATEMENTS.
5.01 Renewals.
a. The Board may prescribe renewal requirements, including compliance with the required continuing education.
b. Pursuant to 24-34-102(8)(c), a licensee shall have a sixty-day grace period after the expiration of his or her license to renew such license without the imposition of a disciplinary sanction for practicing on an expired license.
c. Pursuant to 24-79.5-102(3), a delinquency fee shall be charged for late renewals.
d. A licensee who does not renew his or her license within the sixty-day grace period shall be treated as having an expired license and shall be ineligible to practice until such license is reinstated. If the licensee has practiced with an expired license, the Board may impose disciplinary actions.
5.02 Reinstatements.
a. An expired license may be reinstated by submitting a reinstatement application and paying a reinstatement fee.
b. If the license has been expired for more than two years, the licensee shall pay a reinstatement fee and provide satisfactory proof of the completion of all delinquent continuing education.
c. If the license has been expired for more than three years, the licensee shall pay a reinstatement fee and retake the national examination. Exceptions may be made because of military service duty.
5.03 Continuing Education.
a. If a renewal date occurs during the year of original Colorado licensure, continuing education will not be required for the first renewal. If the renewal date occurs the year after original licensure, the registrant shall obtain 16 hours of continuing education prior to the biennial renewal.
b. Board approved veterinary education programs shall include, but not be limited to meetings of:
c. The Board may approve no more than six (6) hours of continuing education credit per licensing period for practice management based presentations including but not limited to leadership training, personnel management, client relations, communication training and integrated resource management principles.
6.00 CODE OF PROFESSIONAL ETHICS.
In order to safeguard the life, health, safety and property of the public and to promote the public welfare, and to maintain and establish a high standard of integrity and ethics in the practice of veterinary medicine, the following Code of Professional Ethics shall be binding upon every person licensed by the Board to practice veterinary medicine within the state of Colorado. 6.01. Prohibited Acts Pursuant to the Colorado Veterinary Practice Act the following conduct, whether committed by act or omission, is considered unprofessional or unethical conduct .
a. Conduct likely to deceive or defraud the public. Such conduct includes, but is not limited to, the performance or prescribing of unnecessary veterinary services; knowingly engaging in fraud in the collection of fees from consumers or any person, agency, or organization paying fees to practitioners; filing false reports, records or certificates required by state or federal law; among other things.
b. False or misleading advertising. Such conduct includes, but is not limited to, advertising for goods or services in a manner which is fraudulent, false, deceptive or misleading in form or content.
c. Obtaining any fee or compensation by fraud or misrepresentation. Such conduct includes, but is not limited to, obtaining fees for the performance or prescribing of unnecessary veterinary goods or services; or guaranteeing that a cure will result from the performance of professional services or the use of particular products.
d. Sharing office space with any person illegally practicing veterinary medicine. Such conduct includes, but is not limited to, conduct relating to a prohibited office arrangement which aids, abets or allows any person to engage in the unlicensed or unauthorized practice of veterinary medicine.
e. Employing either directly or indirectly any unlicensed person to practice veterinary medicine. Such conduct includes, but is not limited to, any failure to adequately supervise persons who are only authorized to practice veterinary medicine under the supervision of a Colorado-licensed veterinarian.
6.02. Rules of Professional Conduct Additionally, the following Rules of Professional Conduct shall apply to all persons licensed to practice veterinary medicine in the state of Colorado to establish a high standard of integrity and ethics in the practice.
a. Public Protection. Colorado-licensed veterinarians shall hold paramount the safety, health and welfare of the public in the performance of their professional duties. Colorado- licensed veterinarians having knowledge of any alleged violation of the Veterinary Practice Act shall cooperate with any investigation initiated by the Board and furnish such assistance or information as may be requested by the Board, its staff or its investigators.
b. Competence. Colorado-licensed veterinarians shall perform services only in the areas of their competence and shall only perform professional services when qualified by education or experience in the specific procedures involved.
c. Objective and Truthful Statements. Colorado-licensed veterinarians shall issue professional statements only in an objective and truthful manner in all professional reports, billings, statements or testimony.
d. Independent Professional Judgment. Colorado-licensed veterinarians shall not permit a client or patient or other person to direct, control or otherwise affect the veterinarian's exercise of independent professional judgment when providing professional services for clients or patients.
e. Conflicts of Interest. Colorado-licensed veterinarians shall act in a professional manner for each client or patient and shall avoid or disclose conflicts of interest which would impair their exercise of independent professional judgment.
f. Improper Solicitation of Professional Employment. A Colorado-licensed veterinarian shall not misrepresent or falsify academic or professional credentials or qualifications, or exaggerate or misrepresent pertinent facts concerning their academic or professional credentials.
g. Exercise of Undue Influence. A Colorado-licensed veterinarian shall not exercise undue influence on the patient or client, including the promotion of the sale of services, goods, appliances, or drugs, in such a manner as to exploit the patient or client for the financial gain of the veterinarian or a third party. A Colorado-licensed veterinarian shall not administer excessive treatments or promote excessive use of treatment facilities when not warranted by the condition of the animal patient.
h. Practice Management. All Colorado-licensed veterinarians shall maintain a sanitary environment to avoid sources and transmission of infection. This includes the proper routine disposal of both waste materials and deceased animals, and proper sterilization or sanitation of all equipment used in diagnosis and treatment.
i. Critical Care Services. Veterinary practices shall offer adequate medical care and adequate monitoring of patient status to provide reasonable probability of survival of a critically ill patient. The level of this care shall be appropriate to the seriousness of the patient's medical status. If reasonable patient monitoring and medical care is not available under a given circumstance, appropriate efforts must be made to provide veterinary care that is consistent with generally accepted standards of practice.
j. Recordkeeping. Records for a herd, a flock, or a litter under the care of a treating veterinarian shall meet the criteria set forth in CRS 12-64-120(3)(b). The requirement for individual animal identification in a herd, a flock, or a litter situation is necessary to the extent that the record provides adequate, comprehensive information necessary for subsequent treatment or evaluation.
k. Use of Prescription Drugs. No Colorado-licensed veterinarian shall prescribe or dispense, deliver or order any prescription drug or biologic for a patient animal without first having established a veterinary-client-patient relationship. Veterinarians shall keep records of prescription drug orders for a minimum of three (3) years.
l. Violation of Board Orders or Negotiated Stipulations or Settlement Agreements. It shall be considered unprofessional conduct for a Colorado-licensed veterinarian to violate a lawful board order or negotiated stipulation or agreement issued as a result of a formal complaint against the licensee. Proof of any such violation shall be subject to an administrative hearing held in accordance with procedures prescribed by the Colorado Veterinary Practice Act and the State Administrative Procedure Act.
m. Integrity, Honesty and Fair Dealing. Colorado-licensed veterinarians shall conduct their practice of veterinary medicine with integrity, honesty and fair dealing to clients. This rule shall include, but not be limited to, matters related to adherence to all state and federal laws; recordkeeping; or veterinary services, facilities, appliances or drugs.
7.00 AVMA CODE OF ETHICS.
The Board MAY use as guidelines the codes of ethics for veterinarians as adopted by the American Veterinary Medical Association and the Colorado Veterinary Medical Association as the basis for evaluating professional conduct of licensees.
8.00 RULES AND REGULATIONS CONCERNING ARTIFICIAL INSEMINATION.
8.01. General Provisions a. Artificial insemination, ova transplant, and embryo transplant shall be performed according to accepted clinical standards as taught and/or described in the scientific literature or otherwise used in the scientific literature or otherwise established by practitioners or livestock producers.
9.00 DECLARATORY ORDERS.
9.01. Any person 1 may petition the Board for a declaratory order to terminate controversies or to remove uncertainties as to the applicability to the petitioner of any statutory provision or of any rule or order of the Board.
1 Refer to existing definition of “person” in APA, rules or statute, if any. 9.02. The Board will determine, in its discretion and without notice to petitioner, whether to rule upon any such petition. If the Board determines that it will not rule upon such a petition, the Board shall promptly notify the petitioner of its action and state the reasons for such action. 9.03. In determining whether to rule upon a petition filed pursuant to this rule, the Board will consider the following matters, among others:
a. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision or rule or order of the Board.
b. Whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Board or a court but not involving any petitioner.
c. Whether the petition seeks a ruling on a moot or hypothetical questions or will result in an advisory ruling or opinion.
d. Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Rule 57, Colo. R. Civ. P., which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule or order in question.
9.04. Any petition filed pursuant to this rule shall set forth the following:
a. The name and address of the petitioner and whether the petitioner is licensed pursuant to the provisions of CRS 1973, 12-64-101, et seq ., as amended.
b. The statute, rule or order to which the petition relates.
c. A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner.
9.05. If the Board determines that it will rule on the petition, the following procedures apply:
a. The Board may rule upon the petition based solely upon the facts presented in the petition. In such a case:
b. Any ruling of the Board will apply only to the extent of the facts presented in the petition and any amendment to the petition.
c. The Board may order the petitioner to file a written brief, memorandum or statement of position.
d. The Board may set the petition, upon due notice to petitioner, for a non-evidentiary hearing.
e. The Board may dispose of the petition on the sole basis of the matters set forth in the petition.
f. The Board may request the petitioner to submit additional facts, in writing. In such event, such additional fact will be considered as an amendment to the petition.
g. The Board may take administrative notice of facts pursuant to the Administrative Procedure Act (CRS 1973, 24-4-105(8)) and may utilize its experience, technical competence and specialized knowledge in the disposition of the petition.
h. If the Board rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision.
i. The Board may, in its discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the Board intends to inquire.
j. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Board to consider.
9.06. The parties to any proceeding pursuant to this rule shall be the Board and the petitioner. Any other person may seek leave of the Board to intervene in such a proceeding, and leave to intervene may be granted at the sole discretion of the Board. A petition to intervene shall set forth the same matters as required by section 4 of this rule. Any reference to a “petitioner” in this rule also refers to any person who has been granted leave to intervene by the Board. 9.07. Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to CRS 1973, 24-4-106.
10.00 ADDRESS CHANGES.
Every person licensed under this article shall furnish his/her mailing address to the Board, in writing, at the time of original licensure and at renewal. If such address changes, the licensee must notify the Board in writing of the new mailing address within thirty days.
11.00 DEFINITION OF DENTISTRY.
11.01 “Dentistry” means:
a. The diagnosing, treating, correcting, changing, relieving or preventing abnormalities of the oral cavity, maxillofacial area or associated structures, including surgical, non-surgical or related procedures; and b. The application or use of any instrument or device to any portion of an animal’s tooth, gum, or any related tissue for the prevention, cure or relief of any wound, fracture, injury or disease of an animal’s tooth, gum or related tissue; and c. Preventive dental procedures including, but not limited to the removal of calculus, soft deposits, plaque, stains or the smoothing, filing or polishing of tooth surfaces; and d. Nothing in this section shall prohibit, however, any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes or similar items to clean an animal’s teeth. TEMPORARY SPECIAL EVENT LICENSE PLATES Basis: The statutory basis for this regulation is 42-1-204 and 42-3-220 CRS. Purpose: The following rules and regulations are promulgated to establish criteria for the issuance of temporary special event license plates.
1.0 Definitions
1.1 “Temporary Special Event License Plate” – means a special license plate valid for a limited time period that is issued to a person or group of people in connection with a special event. “Temporary special event license plate” does not mean a special plate for the purposes of Group Special License Plates, Alumni, or Distinctive Special License Plates.
1.2 “Temporary Special Event” – means a social gathering or activity that is temporary in nature, not to exceed sixty (60) calendar days, that could be one-time and/or annual event having a limited or specific function, application, or scope.
1.3 “Department” – means the department of revenue of this state acting directly or through its duly authorized officers and agents.
2.0 Requirements and Process for Temporary Special Event License Plates
2.1 The department may issue a temporary special event license plate to a person or group of people in connection with a temporary special event for a passenger vehicle or a truck that does not exceed sixteen thousand pounds empty weight.
2.2 An applicant for a temporary special event license plate shall submit to the department the name, date or dates, and location of the temporary special event to which the request for the license plate(s) is connected; the dates the license plate(s) are needed; the quantity of license plates requested; a list of vehicle information including the vehicle identification number, make, model, and year of each vehicle; a certified letter stating that insurance coverage will be in place for each vehicle during its use for the period for which the temporary special event license plate is issued; and any other information required by the department.
2.3 All applications for temporary special event license plates shall be completed and submitted to the Department of Revenue, Division of Motor Vehicles, Registration Section at least ninety (90) days prior to the start of the temporary special event. Only applications on forms provided by the department will be accepted. The department will issue application forms and packets to all interested persons/groups upon request.
2.4 Temporary special event license plates shall be issued only by the Department of Revenue, Division of Motor Vehicles, Registration Section.
2.5 Temporary special event license plates are only effective when accompanied by a Letter of Authorization for Use of Temporary Special Event License Plates as issued by the Registrations and License Plate Programs Manager for the dates and times as authorized in the letter. Each temporary special event license plate used for the event shall have the Letter of Authorization associated with it at all times it is displayed on the vehicle.
2.6 Temporary special event license plates are issued only for the time period specifically stated on the application submitted. If the temporary special event is an annual affair, an application must be submitted for each subsequent year.
2.7 Previously issued temporary special event license plates may be authorized for subsequent use upon request by the organization. If the request is approved by the Registrations section, a new letter of authorization will be provided to the organization. No additional fees will be collected. The organization must comply with all other requirements. The plates must be legible and undamaged to be approved for subsequent use.
2.8 Temporary special event license plate applicants shall pay the fees, made by check, as listed below per set or single. Payment must be received prior to shipment/receipt of the plates.
a. Single plates
b. Set plates
2.9 Fees collected by the department for temporary special event license plates shall be transmitted to the state treasurer, who shall credit the same to the license plate cash fund, created in section 42-3-301(1).
2.10 Temporary special event sponsor/applicant may request that the temporary special event plates be mailed to them. The department will not incur any cost for mailing of the temporary special event plates. The Temporary special event sponsor/applicant shall provide pre-paid means (i.e., UPS, FedEx, USPS etc…) to the department to accomplish this.
2.11 Temporary special event license plates must be designed within the formats established by the department. The department shall have final approval authority of the design.
2.12 The department may deny any application request in which the design may be considered offensive or which could be misleading.
2.13 The department shall work with the temporary special event sponsor/applicant unless the temporary special event sponsor/applicant has designated a specific agent for the purpose of obtaining temporary special event license plates. Designation of specific agent shall be provided to the department in writing.
2.14 It is the responsibility of the temporary special event sponsor/applicant to assure that the vehicle(s) displaying temporary special event license plates are maintained in a roadworthy condition.
2.15 Only completed applications received at least ninety (90) days prior to the date that the plates are to be utilized for the temporary special event will be processed.
2.16 Sample plates of the finished design will not be provided unless specifically requested. Upon request, a fee of $2.54 per single plate will be charged to cover the materials used to produce the sample plate.
2.17 Temporary special event license plates shall not display year and month tabs.
2.18 Upon expiration of the temporary special event, the temporary special event license plate(s) must be removed from all motor vehicles and becomes the property of the sponsor/applicant.
2.19 Temporary special event license plates shall not be displayed on vehicles before or after the authorized temporary special event dates. Should adjustment to the dates be required, a request must be made for a new letter of authorization from the department. Changes to temporary special event dates and authorization must be submitted at least one week prior to beginning of the special event to allow sufficient time for the department to review, provide authorization, and inform law enforcement.
2.20 The department will provide the letter of authorization, sample copies of authorized temporary special event license plates, the completed application, vehicle information, and the temporary special event sponsor/applicant’s contact information to law enforcement. This notification will provide verification that the use of the special event license plates has been approved and authorized by the department within the dates specified.
2.21 Lost or stolen temporary special event license plates shall be reported within seventy-two (72) hours to the department and to local law enforcement. Replacement plates will be provided at the cost as stated in 2.8 above, if remanufacture is possible. Remanufacture will not be authorized until incident report paperwork from law enforcement is provided to the department, by the sponsor, stating the plate(s) that were lost or stolen.
2.22 Motor vehicle dealers, manufacturers, or rental car companies may donate vehicles, including untitled motor vehicles operated under a Manufacturer’s Certificate of Origin (MCO) to the event organizer. The Colorado Sales Tax Act requires the application of sales or use tax to all use or consumption. The donation or gift of an item requires the sales or use tax be paid by the donor as per Sales and Use Tax Special Regulation – Gifts, Premiums and Prizes as referenced in SR- 3.5 – Automobile Dealers and Special Event Vehicles regulation of The Colorado Sales Tax Act. Commercial rental motor vehicles are either taxed at their full purchase price, or, when elected by the renter, the sales tax is collected on the rental payments. Therefore the temporary special event use of the vehicle is subject to the payment of a sales tax as computed below.
a. A dealership or manufacturer shall report and make a tax return and payment to the Department of Revenue using DR0100A Retail Sales Tax Return for Occasional Sales form for sales tax on a taxable amount as determined by completion of the DR0100A.
b. Proof of tax payment shall be provided on the sales tax form DR0100A prior to issuance and authorization of use of temporary special event license plates by the department.
2.23 The department reserves the right to deny any application for temporary special event license plates and may revoke the use of temporary special event license plates that are in violation of 42-3-220 C.R.S. and this regulation. Ten (10) days from being notified that the use of temporary special event license plates is revoked the sponsor/applicant must return all manufactured temporary special event license plates for the temporary special event to the department for destruction. Motorized Bicycles Basis: The statutory basis for this regulation is 42-1-102 (55), 42-1-102(58), 42-1-102 (59), 42-1-204 and 42-3-311 CRS.
Purpose: The following rules and regulations are promulgated to establish criteria for the issuance of motorized bicycle registration and identify the entities that are authorized to complete the registration process.
1.0 Definitions
1.1 “Motorized bicycle” means a vehicle having two or three wheels, a cylinder capacity not exceeding 50 CC, and an automatic transmission which produces a maximum design speed of not more than thirty miles an hour on a flat surface.
1.2 “Motor vehicle” in pertinent part, means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generated and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in paragraph (b) of subsection (59) of this section, wheelchairs as defined by subsection (113) of this section, or vehicles moved solely by human power.
1.3 “Motorcycle ” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “farm tractor” and except a motorized bicycle as define in paragraph (b) of subsection(59) of this section.
2.0 Agent Eligibility
2.1 Upon approval, any retail seller of a motorized bicycle may act as an agent for the Department of Revenue for the purpose of registering motorized bicycles. The following criteria must be met for consideration of approval:
a. Application for Motorized Bicycle Registration Agent is submitted to the Department of Revenue, Registration Section, with the following provisions acknowledged by the applicant:
3.0 Rules
3.1 An Application for Motorized Bicycle Registration Agent shall be submitted to the State Registration Section for review. This application must include the following agent information:
a. Applicant’s name.
b. Applicant’s address (physical and mailing-if different).
c. Applicant’s Sales Tax license number.
d. Applicant’s Telephone number.
3.2 Upon review and approval by the State Registration Section, a motorized bicycle Agent number shall be issued. This number must appear on all monthly reports and all motorized bicycle Registrations returned to the State Registration Office.
3.3 Upon issuance of a motorized bicycle agent number, the State Registration Section shall create the following:
a. An electronic spreadsheet to log and track the dates the monthly reports for each agent are received, the amount of payment submitted, a record of all tab numbers issued to that agent and a list of all tabs that have been returned by the agent.
3.4 If a motorized bicycle agent changes their address from the original location identified in the application, a new Application for Motorized Bicycle Registration Agent form shall be required to be submitted within ten (10) days of the address change to the Registration Section. “Address Change Only” must be indicated at the top of the application. The assigned motorized bicycle agent number shall remain the same.
3.5 Motorized Bicycle Registration Decals
a. Decals must be purchased by the agent from the State Registration Section. Requests for decals shall be processed by mail or in person at: Department of Revenue, Division of Motor Vehicles, Registration Section.
b. No refunds are offered for returned decals. Damaged decals must be returned to the State Registration Section.
c. Decals that are lost or stolen must be reported to the local, county or state law enforcement within 72-hours from the date it was determined that the decals were lost or discovered stolen. A copy of the police report or case number must be submitted to the State Registration Section. At that time, the State Registration Section shall replace the missing decals. A fee not to exceed the normal cost of purchase of decals shall be charged for replacement of lost or stolen decals.
d. A motorized bicycle registration decal is valid for a period of three (3) years. Standard license plates shall not be issued to any vehicle that is classified as a motorized bicycle by definition.
3.5 Monthly Reports
a. Monthly reports must be received from the agent by the 10 th of every month. In the event that the agent did not issue decals that month, the monthly report shall be recorded by indicating zero (0) under the section identified as “Decal Numbers Sold” .
b. Any motorized bicycle agent who does not submit their monthly reports, as listed above, shall lose the authority to issue decals on behalf of the Department of Revenue. This authority may be considered for reinstatement only when all monthly reports have been submitted to the State Registration Section.
3.6 Renewals of motorized bicycle registrations shall be made to the State Registration Section or an authorized motorized bicycle dealer. Renewal requests must be clearly marked as such on the application.
3.7 Initial motorized bicycle registrations that are submitted directly to the State Registration Section must include the following:
a. A completed DR2579 Application for Motorized Bicycle Registration form.
b. A completed and notarized Affidavit of Cylinder Capacity, if the vehicle does not have operable pedals.
c. Proof of ownership including, but not limited to, a Manufacturer’s Statement of Origin, invoice, notarized bill of sale, or receipt.
d. Appropriate registration fees as indicated on the application.
e. Proof by the agent that the applicants Secure and Verifiable Identification has been verified using the DR 2841 Secure and Verifiable ID and DR 2842 Supplemental Secure and Verifiable Identification Information and Attestation Clause forms.
f. Registrations received that do not include the completed DR 2842 will be returned to the agent for correction. If the agent is unable to obtain Secure and Verifiable Identification the agent will be responsible for recalling and canceling the registration. All violations of this nature, or failure to obtain Secure and Verifiable Identification may result in the revocation of the agent’s authority to sell decals on behalf of the Department.
3.8 Vehicles that do not meet the requirements of a motorized bicycle in accordance with CRS 42-1-102 (59) (b) may be registered as a motorcycle, if the vehicle meets the statutory requirements of a motorcycle per CRS 42-1-102 (55).
3.9 Insurance
a. Motor vehicle insurance is not required for a motorized bicycle.
3.10 In the event that a motorized bicycle agent chooses to no longer act as an agent for the Department of Revenue in registering motorized bicycles, all decals must be returned to the State Registration Section with a notice on the business letterhead within ten (10) business days from the notice. This notice shall serve as notification to the Department that this business shall no longer act as an agent for the Department in this capacity. All remaining decals that have not been submitted to the Department previously shall be submitted at that time. No refunds are permitted.
4.0 Motorized Bicycle Agent and Motorized Bicycle File Maintenance
4.1 Upon receipt of monthly reports from motorized bicycle agents, the State Registration Section shall update the tracking records to include:
a. The date the monthly report was received.
b. The month being reported.
c. The amount of monies remitted to the State.
d. The decal numbers issued.
e. Decal numbers that were lost or stolen (if applicable), and the police report/law enforcement case number.
f. Decal numbers that were returned to the State Registration Section (If applicable).
4.2 Records shall be maintained listing each motorized bicycle decal with the person(s) registered to such decal, to be used upon inquiry from law enforcement or the registered owner.
4.3 Notices of monthly report delinquency shall be sent to the agent(s) in question if the monthly reports are more than two months negligent.
4.4 Should an agent fail to respond to a letter of monthly report delinquency, a notice shall be placed in the agent’s file to discontinue the issuance of decals until all monthly reports have been submitted to the department at which time the department will re-evaluate the agents authority to issue motorized bicycle registrations and decals on behalf of the department. RESERVING PERSONALIZED LICENSE PLATES Basis: The statutory basis for this regulation is 42-1-204 and 42-3-211(9)(a) C.R.S. Purpose: The following rule and regulations are promulgated to establish criteria and process for reserving a personalized license plate that is no longer registered to a motor vehicle.
1.0 Definitions
1.1 “Personalized License Plates” – means license plates that have displayed upon them the registration number assigned to the motor vehicle for which such registration number was issued in a unique combination of letters, numbers or letters and numbers requested by the owner of the vehicle. Additionally, “Personalized License Plates” includes special license plates that bear the words “street rod” or may bear the call sign letters assigned to valid renewable amateur radio, standard radio, FM, or television licensees issued by the federal communications commission.
2.0 Requirements and Process
2.1 A registrant who has a personalized license plate that is no longer registered to a vehicle in Colorado may retain the unique combination of letters, numbers or letters and numbers by completing a reservation request form provided by the department and paying all applicable fees.
2.2 The fee to reserve a personalized plate configuration is an annual fee set forth in 42-3-211(9)(a).
2.3 Reservation of the personalized plate configuration shall remain in effect as long as all applicable fees are paid annually.
2.4 The applicant may request that the personalized plate configuration be reserved for one year intervals not to exceed a maximum of five years. If the request is for more than one year, the applicant shall pay the applicable fees for the total amount of years requested.
2.5 Fees shall be required to be paid at the time of application.
2.6 No refunds shall be granted for fees collected as a result of a personalized plate configuration reservation. No refunds and/or credits shall be allowed should an applicant desire to remove a requested plate configuration from the reserved list prior to the expiration date of the reservation.
2.7 The personalized plate configuration must have been registered to a vehicle prior to requesting the reservation of the plate. Applicants shall not receive a license plate with the approved personalization plate configuration reservation and no license plate shall be manufactured upon reservation. Should the applicant choose to remove the plate configuration from reservation and register it to a vehicle, the normal personalized plate processes shall be applied.
2.8 The registered owner or the owner’s authorized agent may request the personalized plate configuration reservation. Changes to the reservation, changes to the status of reservation, and/or registering the personalized plate on a vehicle shall only be accepted from the registered owner or the registered owner’s authorized agent.
2.9 In the event that the personalized plate is reserved by a sole owner, and that individual is deceased, the applicant must present information to prove that he/she is the court appointed personal representative or the successor of the plate holder. A photocopy of a death certificate or the Verification of Death form shall also be required.
2.10 In the event that the personalized plate is reserved to joint owners and only one owner chooses to retain the personalized plate configuration reservation, he/she must present information to prove that he/she is the court appointed owner of the personalized plate configuration or notarized letter from the other joint owner stating that they relinquish their rights to ownership of the personalized plate configuration reservation allowing the requestor to retain the ownership.
2.11 At the time that the reserved personalized license plate configuration is requested to be registered to a motor vehicle, and no longer reserved, at least one of the person(s) listed as the owner of the reserved personalized license plate configuration must be listed as the owner on the vehicle registration.
2.12 A notice to renew the reserved personalized plate configuration shall not be issued by the department. It is the responsibility of the reservation owner to obtain the application and submit it with the applicable fees.
2.13 If the applicant desires to register the reserved personalized plate to a vehicle, he/she must apply for registration at their County Motor Vehicle office. The County office shall contact the department to release the plate configuration from reserved status and allow the plate configuration to be issued.
2.14 If the reserved personalized plate configuration is not renewed within one calendar month following the end of the reservation period, the personalized plate configuration shall become available for issuance to all Colorado residents.
_____________________________________________________ Editor’s Notes History Fallen Service Member License Plates eff. 7/1/2007. Special License Plate Surcharge Emer. Rule eff. 6/5/2007. License Plate Retirement eff. 7/30/2007. Fallen Service Member License Plates Emer. Rule eff. 08/03/2007. Fallen Service Member License Plates, Special License Plate Surcharge Emer. Rule eff. 08/20/2007. Temporary Special Event Plates; Motorized Bicycles; Reserving Personalized Plated eff. 9/30/2007.