2 Colo. Code Regs. § 606-1-7.00

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

Section 2 CCR 606-1-7.00 - Administrative Adjudication Proceeding

7.01 General Provisions

7.01.1 Upon receipt of a request, the HPTE or a Contractor on its behalf shall set the matter for a hearing before an Administrative Hearing Officer.

7.01.2 The HPTE or a Contractor on its behalf shall establish and maintain hearing facilities for the conduct of Toll enforcement hearings, which shall be in the form of an administrative adjudication proceeding.

7.01.3 The Responsible Party or Person shall be the respondent to the complaint.

7.02 Conduct of Hearing

7.02.1 The Administrative Hearing Officer shall preside over the hearing and shall have all powers under the State Administrative Procedure Act set forth in § 24-4-105, C.R.S., except that for purposes of these Rules, the decision of the Administrative Hearing Officer shall be a Final Order and may not be appealed to the HPTE.

7.02.2 The State Administrative Procedure Act, § 24-4-105, C.R.S., shall apply to the administrative adjudication proceeding. In the case of a conflict between the requirements of § 43-4-808, C.R.S., and § 24-4-105, C.R.S., § 43-4-808, C.R.S., shall apply.

7.02.3 The standard of review shall be by a preponderance of the evidence.

7.02.4 With regard to § 24-4-105(8), C.R.S., the Administrative Hearing Officer may take notice of the scientific principles underlying technology utilized by the HPTE or the Contractor on its behalf, to produce automatic vehicle identification imagery, the foundation of which may be presumed, subject to rebuttal by a preponderance of the evidence.

7.02.5 The Responsible Party may view automatic vehicle identification imagery evidence by appointment with the HPTE or a Contractor on its behalf, on a date prior to that of the hearing at a time and location designated by the Administrative Hearing Officer.

7.03 Continuances

7.03.1 The Responsible Party or Person, or their legal representative shall have right to one (1) continuance to seek representation by legal counsel.

7.03.2 Either party shall have the right to a continuance due to disruption of an automated or electronic adjudicatory file or processing system.

7.04 Failure to Appear

7.04.1 If a Responsible Party or Person who has answered and requested a hearing fails to appear at the hearing as originally set or as continued by the Administrative Hearing Officer, upon satisfaction that notice of the hearing was given by the HPTE or a Contractor on its behalf, to the Responsible Party or Person, the Responsible Party or Person will be deemed to have admitted liability and have waived the right to a hearing.

7.04.2 In this case, a final order of liability in default for Civil Penalty and Adjudication Fee, if any, may be entered against the Responsible Party or Person.

7.05 Decision of the Administrative Hearing Officer a Final Order

7.05.1 The Administrative Hearing Officer shall make a finding as to whether the Responsible Party or Person is liable for a Civil Penalty and, if applicable, an Adjudication Fee, and render a decision in the form of an Administrative Hearing Officer's final order.

7.05.2 The Administrative Hearing Officer may enter default against the Responsible Party or Person in a final order.

7.05.3 The Administrative Hearing Officer, upon the entry of default, shall find:

A. That the Notice of Civil Penalty Assessment was provided to the Responsible Party or Person; and

B. The Responsible Party or Person was provided with notice of the opportunity to appear at a hearing; and

C. The Notice was sent to the Responsible Party's or Person's last known address based on the vehicle records of the Department of Revenue, Division of Motor Vehicles, or the last known address for the Responsible Party or Person which the HPTE or Contractor on its behalf, has obtained during the course of the toll enforcement process.

7.05.4 A decision by the Administrative Hearing Officer of liability or no liability for the Toll and Civil Penalty shall be final for purposes of the administrative adjudication process.

7.05.5 The decision of the Administrative Hearing Officer shall be final and binding upon the parties. The Final Order may not be appealed to the HPTE pursuant to § 24-4-105(14)(a), C.R.S.

7.06 Payment of Decision of Administrative Hearing Officer

7.06.1 A Responsible Party or Person shall pay the amount set forth in a final order within thirty (30) days of the effective date.

7.07 Appeal of Administrative Hearing Officer's Final Order

7.07.1 The administrative adjudication of a Toll Evasion is subject to judicial review and may be appealed as to matters of law and fact to the county court for the county in which the violation occurred. See § 43-4-808(2)(d)(VI), C.R.S.

7.07.2 The Administrative Hearing Officer's final order may be appealed within thirty (30) days of the effective date.

7.07.3 The county court shall conduct a de novo review upon appeal. See § 43-4-808(2)(d)(VI), C.R.S.

7.07.4 The HPTE or a Contractor on its behalf may certify the record on appeal by filing a certified copy of the order imposing a Toll and Civil Penalty that is entered by the Administrative Hearing Officer with the clerk of the county court in the county in which the violation occurred at any time after the order is entered. See § 43-4-808(2)(d)(V), C.R.S.

7.07.5 The clerk shall record the order in the judgment book of the court and enter it in the judgment docket. See § 43-4-808(2)(d)(V), C.R.S.

7.07.6 The order shall thenceforth have the effect of a judgment of the county court and execution may issue on the order of the court as in other cases. See § 43-4-808(2)(d)(V), C.R.S.

7.08 Remedies

7.08.1 Notwithstanding the specific remedies provided by § 43-4-808, C.R.S., the HPTE shall have every legal remedy available to enforce unpaid Tolls and Civil Penalties as debts owed to the HPTE. See § 43-4-808(2)(d)(VII), C.R.S.

7.08.2 The HPTE or a Contractor on its behalf may report to the Department of Revenue any outstanding judgment or warrant or any failure to pay the Toll or Civil Penalty for any Toll Evasion, including any Adjudication Fee imposed by an Administrative Hearing Officer. See § 43-408(2)(g), C.R.S.

7.08.3 Neither the existence nor utilization of an administrative toll enforcement procedure nor these rules shall be construed to limit the HPTE's or a Contractor's rights or remedies available under the law.

2 CCR 606-1-7.00

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