2 Colo. Code Regs. § 606-1-5.00

Current through Register Vol. 47, No. 16, August 25, 2024

Section 2 CCR 606-1-5.00 - Answer and Request for Hearing or Failure to Request a Hearing

5.01 Upon receipt of a timely request for a hearing from the Responsible Party, the HPTE or a Contractor on its behalf, shall set the matter for a hearing before an Administrative Hearing Officer and provide sufficient notice to the Responsible Party or Person of the date, time and place of the hearing as stated in § 24-4-105(2)(a), C.R.S., at least thirty (30) days prior to the hearing.

5.02 Time Frame for Filing Answer and Request for Hearing where Notice of Civil Penalty Assessment is provided by an AVIP System or other electronic means pursuant to § 43-4-808(2)(f)(I), C.R.S.

5.02.1 If the Responsible Party does not pay the prescribed Toll and/or Civil Penalty within thirty (30) days of the date of the Notice of Civil Penalty Assessment, the Notice shall constitute a complaint to appear for adjudication of a Toll Evasion in an administrative Toll enforcement proceeding.

5.02.2 The Responsible Party shall, within the time specified in the Notice of Civil Penalty Assessment, file an answer to the complaint in the manner specified in such Notice.

5.02.3 If the Responsible Party fails to pay in full the outstanding Toll and/or Civil Penalty as set forth in the notice or to appeal and answer the complaint and request a hearing as specified in the notice, a final order of liability shall be entered against the Responsible Party for purpose of enabling the Responsible Party to appeal the final order of the Administrative Hearing Officer pursuant to Rule 7.07 hereof and allow the HPTE or a Contractor on its behalf, to proceed to judgment.

5.03 Time Frame for Filing Answer and Request for Hearing where the Notice of Civil Penalty Assessment is provided by a Peace Officer pursuant to § 43-4-808(2)(c)(III) and (IV), C.R.S.

5.03.1 If the Person cited does not pay the prescribed Civil Penalty within twenty (20) days of the Notice, the Notice of Civil Penalty Assessment shall constitute a complaint to appear for adjudication of a Toll Evasion and the Person cited shall, within the time specified in the Notice of Civil Penalty Assessment, file an answer to the compliant in the manner specified in such notice.

5.03.2 The acknowledgement of liability shall be executed at the time the Person cited pays the prescribed Civil Penalty.

2 CCR 606-1-5.00

45 CR 14, July 25, 2022, effective 8/14/2022