Current through Register Vol. 47, No. 5, March 10, 2024
TVIN 1: AUTHORITY TO ADOPT RULES
§42-1-232 (7), CRS, authorizes the Chief of the Colorado
State Patrol to promulgate the rules reasonably necessary to implement the
Third-Party Commercial Vehicle VIN Verification Inspection Program, as it is
described within §
42-1-232(2),
CRS.
TVIN 2: APPLICABILITY
These rules and regulations shall apply to all individuals,
corporations, other legal entities, or Colorado government or governmental
subdivisions or agencies engaged in the verification of commercial vehicle
information who operate as Transportation Associations, Transportation
Organizations, or Third-Party Civilian Verifiers, as provided by these
rules.
TVIN 3: DEFINITIONS
The following definitions are applicable throughout these
rules, unless otherwise specified:
3.1.
CBI: Colorado Bureau of
Investigation
3.2.
CDPS: Colorado Department of Public Safety
3.3.
CHIEF: Means the Chief of
the Colorado State Patrol or his or her designees.
3.4.
CIVILIAN VERIFIER (CV): An
individual employed or contracted by a permitted Transportation Association or
Transportation Organization to verify commercial vehicle information, including
VINS.
3.5.
CIVILIAN VERIFIER
PERMIT (CVP): A permit issued by the Chief for a CV to a Transportation
Association or Transportation Organization that holds a valid Third-Party VIN
Verification Inspection Permit. Transportation Associations or Transportation
Organizations can be issued multiple CVPs.
3.6.
CIVIILIAN VIN TRAINING: A
class provided by the Colorado State Patrol to train individuals on how to
perform and document VIN verifications. Certificates are issued upon successful
completion of the course.
3.7.
COMMERCIAL VEHICLE: The definition of a commercial vehicle will be
consistent with §
42-4-235(1) (A),
CRS.
3.8.
CRIMINAL HISTORY
SEARCH: A service having online access and provided through CBI. The
service provides an individual's Colorado criminal history upon
request.
3.9.
CSP:
Colorado State Patrol.
3.10.
CVSA CERTIFIED ENFORCEMENT OFFICIAL: A CSP enforcement official
certified by the Federal Motor Carrier Safety Administration (FMCSA) pursuant
to 49 CFR
385, subpart C, and authorized by §
42-4-235(2) (C),
CRS, to complete compliance reviews and/or safety audits.
3.11.
ENFORCEME#NT OFFICIAL: The
definition of enforcement official shall be the same as it is defined by
§§
16-2.5-101,
16-2.5-115,
16-2.5-143 and
42-20-103(2),
CRS.
3.12.
PERMIT PROGRAM
COMPLIANCE REVIEW (PPCR): An examination of the records and/or the
inquiry of Third-Party VIN Verification Program participants by a CVSA
certified enforcement official as defined in these rules. Examination of any
documents or any inquiries of Third-Party VIN Verification Program participants
shall be limited to those records and activities reasonably related to the
performance of Third-Party VIN Verification Inspections.
3.13.
THIRD-PARTY VIN VERIFICATION
INSPECTION PERMIT (TVIP): A permit issued by the Chief to a
Transportation Association or a Transportation Organization to employ or
contract with Civilian Verifiers approved by the CSP to verify commercial
vehicle information, including VINs. This permit allows the Transportation
Association or Transportation Organization to set a fee for the service of
commercial vehicle VIN verification not exceeding that set forth by §
42-1-232(5),
CRS.
3.14.
TRANSPORTATION
ASSOCIATION/TRANSPORTATION OGANIZATION (TA/TO): A legal business entity
and membership organization registered and in good standing with the Colorado
Secretary of State, operating within the state of Colorado, and focused upon
transportation issues, transportation regulations, and highway safety.
Membership of the TA/TO must consist of legal entities or individuals who are
primarily engaged in the operation of commercial vehicles in
Colorado.
3.15.
TVVP:
Third-Party VIN Verification Program.
3.16.
VEHICLE IDENTIFICATION NUMBER
(VIN): Any identifying number, serial number, engine number, or other
identifying number or mark upon a vehicle as is set forth by §
42-5-101(11),
CRS.
TVIN 4: ELIGIBILITY AND APPLICATION
REQUIREMENTS
4.1.
TA/TO
ELIGIBILITY FOR TVIP. To be eligible to receive a TVIP, TA/TOs must meet
minimum requirements.
4.1.1.
DEFINITIION. An applicant for a TVIP must meet the definition of a
TA/TO as defined within these rules.
4.1.2.
FINANCIAL RESPONSIBILITY.
TVIP applicants must 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
of at least $10,000.00. The surety bond must hold harmless any person who
suffers loss or damage arising from the issuance of a Certificate of Title,
including a VIN Verification completed through the TA/TO having a valid
TVIP.
4.1.3.
USE OF
CVs. TVIP applicants must either employ or contract with, or intend to
employ or contract with CVs:
4.1.3.1. Who can
demonstrate or can successfully acquire knowledge of the process and standards
applicable to vehicle information verification, including the VIN verification
process.
4.1.3.2. Who have not been
convicted of violating Article
4, Title
18, CRS, within 10 years prior to the
submission date of a TVIP application.
4.1.3.3. For which a TA/TO can provide
information, including the name, background, experience, operation location,
contact information and any other information required by the Chief.
4.1.3.4. Who have received a CVP from the
Chief verifying their status as a CV and authority to verify commercial vehicle
information, including VINs.
4.1.4.
APPLICATION. TVIP
applicants must complete the application as provided by the CSP. Incomplete
applications will be returned with instructions to complete the application
prior to resubmission.
4.2.
CV ELIGIBILITY FOR CVP. To
be eligible to apply for and receive a CVP for a CV, a TA/TO submitting the CVP
application must meet minimum requirements.
4.2.1.
VALID TVIP. A TA/TO
applying from the CVP for a CV must have a valid TVIP.
4.2.2.
COMPLETE APPLICATION. A
CVP application must be completed using the forms available from the CSP. A CVP
application must include the name, background experience, operation location,
contact information, and any other information as may be required by the
Chief.
4.2.3.
CV CBI CRIME
HISTORY. As part of the application submission for a CV, a TA/TO must
obtain a CBI Crime History for the CV identified in the CVP application. The
criminal history search must confirm that the CV has not been convicted of
violating Article
4, Title
18, CRS, within the 10 years prior to
the submission of the CVP application. A printed copy of these search results,
dated within 30 days of the application submission, must be included with the
CVP application.
4.2.4.
CV
DECLARATION. The CV for which a TA/TO submits a CVP application for must
complete a signed declaration stating that he or she has not been convicted of
violations of Article
4, Title
18, CRS, within the 10 years prior to
the CVP application submission. An original copy of the signed declaration must
be included with the CVP application.
4.2.5.
CV TRAINING COMPLETION.
The CV identified in the CVP application must successfully complete the CSP
Civilian VIN Training prior to the Chief issuing a CVP for the CV to the TA/TO.
4.2.5.1. In the event a TA/TO submits a CVP
application for a CVP prior to the CV successfully completing the CSP Civilian
VIN Training, an otherwise approved CVP application will remain in a "Pending
Completion" status.
4.2.5.2. Upon
confirmation that a CV identified in a CVP has successfully completed the CSP
Civilian VIN Training, the CVP will be issued for the CV to the
TA/TO.
4.2.5.3. Upon confirmation
that a CV identified in a pending CVP has failed to complete the CSP Civilian
VIN Training successfully, the CVP application will be denied. Written notice
of the denial will be sent to the TA/TO.
4.3.
CV REQUIRED. A TA/TO shall
not allow or promote that a CV verify commercial vehicle information prior to
their successful completion of the CSP Civilian VIN Training, nor will a TA/TO
allow or promote a CV to verify commercial vehicle information on behalf of the
TA/TO prior to a CVP being issued to the TA/TO for the CV.
TVIN 5: AUTHORITY TO REGULATE AND INSPECT
5.1.
AUTHORITY TO DEVELOP AND
REGULATE.
§
42-1-232(7), CRS,
gives the Chief authority to promulgate rules reasonably necessary to implement
the TVVP as it is outlined by §
42-1-232(2), CRS.
This authority extends to and includes:
5.1.1.
APPLICATIONS AND
ELIGIBILITY. The Chief has authority to establish necessary and
reasonable application procedures, develop the required forms, make additional
request for information, and set applicant eligibility requirements for TA/TOs
and CVs.
5.1.2.
PROGRAM
REVIEW. The Chief has the authority to establish procedures necessary
to measure and enforce compliance among TVVP participants, including the
ability to review and inquire into performance as set forth within these
rules.
5.1.3.
PERMIT STATUS
AND APPEAL. The Chief has the authority to deny, apply conditions to,
cancel, or summarily suspend the use of permits pending a cancellation hearing.
The Chief also has the authority to set the appeal rights of program applicants
and permit holders.
5.1.4.
DELEGATION OF AUTHORITY. Delegation of any authority held by the
Chief relevant to the TVVP will occur consistent with applicable CDPS and CSP
policies and directives.
5.2.
AUTHORITY TO INSPECT. CSP
has exclusive enforcement authority to perform PPCRs and sole authority to
inspect all records relevant to activities regulated by these rules. Records
relevant to the performance of a TA/TO or a CV performing VIN verifications
pursuant to §
42-1-232, CRS, and these rules
include:
5.2.1.
COMPLETED
VERIFICATIONS. Copies of all commercial vehicle VIN verifications
completed by CVs employed by or contracted to a TA/TO.
5.2.2.
RELEVANT ACTIVITY
DOCUMENTATION. Copies of all documentation and records relevant to the
vehicle verification activities of TA/TOs and the CVs employed or contracted
thereto.
5.2.2.1. Relevant records include
information on current or past CVs employed by or contracted to a TA/TO during
the period a TA/TO held a valid TVIP.
5.2.2.2. Relevant records do not include any
records related to the compensation or benefits received by a CV from a
TA/TO.
5.3.
AUTHORITY TO COMPLETE PPCRS. The CSP has the exclusive authority
to conduct PPCRs. CSP enforcement officials certified 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 any PPCRs upon TA/TOs and
CVs for or to which TVIPs or CVPs have been issued.
5.3.1.
PERMIT REVIEW. All TVIPs
and CVPs issued to TATOs and for CVs are subject to permit reviews assessing
program compliance. All TVIPs and CVPs will be subject to at least one permit
review by the CSP within 18 months of the date the Chief approves the
permit.
5.3.2.
ADDITIONAL
REVIEWS. Where and when may be appropriate, a CVSA certified enforcement
official will complete additional reviews of a TA/TO and/or CVs. Additional
reviews may be determined appropriate or necessary if:
5.3.2.1. The CSP receives complaints about a
TA/TO or a CV raising valid concerns about compliance with applicable statutes
or these rules.
5.3.2.2. A TA/TO or
CV appeals a decision by the Chief to deny an application for a TVIP or a CVP
or a decision to cancel an existing permit, necessitating review of any records
relevant to the initial determination.
TVIN 6: TVIP APPROVAL, CONDITIONS, DENIAL, SUMMARY
SUSPENSION, CANCELLATION AND APPEAL
6.1.
WRITTEN APPROVAL. Approval
of all TVIP applications will be in writing from the Chief. Approved TVIP
applications will include a copy of the TVIP issued to the TA/TO, signed by the
Chief.
6.2.
TVIP
CONDITIONS. TVIPs are issued pursuant to compliance with applicable
conditions. Conditions applicable to all TVIPs are:
6.2.1.
ACTIVE PERIOD. TVIPs
shall be valid for a period not to exceed 36 months. At the end of 36 months, a
TA/TO must renew the TVIP by completing a new TVIP application.
6.2.2.
APPROPRIATE USE. TVIPs
must be used in a manner consistent with applicable statutes and these
rules.
6.2.3.
PERMIT
REVIEW. TA/TOs holding TVIPs must submit to review once every 18 months.
The results of a permit review must find that a TA/TO complies with all terms,
conditions, statutes and rules applicable to the use of the TVIP and any CVPs
issued thereto.
6.2.4.
ADDITIONAL REVIEWS. Satisfactory completion of any review
conducted by a CSP CVSA certified enforcement official, as may be
applicable.
6.2.5.
ADDITIONAL
CONDITIONS. The Chief reserves the right to attach specific, additional
conditions to any TVIP where the Chief determines it is necessary and advisable
to do so.
6.3.
TVIP AVAILABILITY. A TVIP must be available for inspection upon
demand by the CSP at the office of the TA/TO during regular business
hours.
6.4.
NON-TRANSFERRABLE. A TVIP is not transferrable.
6.5.
AFFECT UPON LAWFUL
AUTHORITY. Issuance and the subsequent use of a TVIP by a TA/TO does
not:
6.5.1. Affect the right of any lawful
authority to check for valid state issued ID and/or operating credentials a
TA/TO may issue to a CV.
6.5.2.
Affect the right of any lawful authority to confirm with the Chief that a TA/TO
has a valid TVIP or CVP(s) for its CV(s).
6.6.
TVIP APPLICATION
DENIAL.Denial of a TVIP application will be in writing. The Chief may
deny a TVIP when:
6.6.1.
INCOMPLETE. A TVIP application is incomplete if required fields
are blank or required documentation is not included.
6.6.2.
INELIGIBLE APPLICANT. An
applicant submitting a TVIP application does not meet the definition of a TA/TO
set forth within these rules.
6.6.3.
FINANCIAL RESPONSIBILITY.
If the Chief is unable to verify a TA/TO has a savings account or a 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, and these rules.
6.6.4.
MISREPRESENTATION. A TVIP application is determine to contain or
assert one or more misrepresentations.
6.6.5.
RECORDKEEPING. A TA/TO
does not agree to maintain and provide records upon request as required by
these rules.
6.6.6.
NO OR
INVALID PERMIT(S). It is determined that a TA/TO previously
employed/contracted or currently employs/contracts a CV in the absence of a
valid TVIP or CVP.
6.6.7.
ARTICLE 4,
TITLE18, CRS. It
is determined that a TA/TO previously employed/contracted or currently
employs/contracts a CV convicted of offenses of Article
4, Title
18, CRS, in the 10-Year period prior to
submission of the TVIP application.
6.6.8.
INCOMPETENT. It is
determined that a TA/TO is or has been found incompetent by the Chief for
failing to adequately verify commercial vehicle information, including VINS, as
a vehicle-related entity.
6.6.9.
MISUSE. It is determined that a TA/TO previously misused a TVIP or
the authority provided thereby, or has otherwise operated in a manner
inconsistent with or in violation of applicable statutes or these
rules.
6.6.10.
APPEAL.
A TA/TO may appeal the denial of a TVIP in a manner consistent with 6.9 of
these rules.
6.7.
SUMMARY SUSPENSION. A TVIP may be summarily suspended for up to 60
days, pending a TVIP cancellation hearing. Summary suspension of a TVIP may
occur when the Chief determines that irreparable harm may occur if the TA/TO
continues to use the TVIP to complete third-party verification of commercial
vehicle information, including VINs, as a vehicle-related entity.
6.7.1.
NOTICE. Notice of the
summary suspension of a TVIP will be provided in writing and in compliance with
§
24-4-104, CRS.
6.7.2.
APPEAL. A TA/TO may
appeal a summary suspension in writing in a manner consistent with the appeal
of a TVIP cancellation set forth within section 6.9 of these rules.
6.7.3.
FINAL DECISION. After 60
days, and an opportunity to appeal the decision to the Chief, the decision to
summarily suspend a TVIP pending a cancellation hearing will become
final.
6.8.
CANCELLATION. The Chief may cancel a TVIP when:
6.8.1.
INELIGIBLE. A TVIP holder
no longer satisfies the definition of a TA/TO set forth within these
rules.
6.8.2.
COMPLIANCE. A TA/TO fails to operate in compliance with §
42-1-232, CRS, or these
rules.
6.8.3.
MISREPRESENTATION. It is discovered that a TA/TO asserted a
misrepresentation in their TVIP application or in a CVP application.
6.8.4.
RECORDKEEPING. A TA/TO is
discovered or determined to have failed to maintain or produce upon CSP request
copies of all documentation related to participation in the TVVP, including:
6.8.4.1. Copies of all commercial vehicle
verifications completed.
6.8.4.2.
Copies of all receipts or invoices issued for completed commercial vehicle VIN
verifications.
6.8.4.3. All related
documents for CVs currently or previously employed/contracted by a TA/TO during
an active TVIP period, plus 6 months as is appropriate.
6.8.5.
NOTICE OF SEPARATION. A
TA/TO fails to provide sufficient, written notice to the Chief of the
separation of employment or contract with a CV for which a CVP has been issued
within 7 days of the date of separation.
6.8.5.1.
MISCONDUCT. When
separation between a TA/TO and a CV involves misconduct directly related to the
performance of commercial vehicle VIN verification inspections, the TA/TO must
include as part of the written notice to CSP a statement. The statement must
identify the misconduct alleged. Failure to include this information will
result in the written notice being determined insufficient by the
Chief.
6.8.6.
TVIP
CANCELLATION. Cancellation of a TVIP held by a TA/TO will result in the
subsequent cancellation of all CVPs held by the same TA/TO.
6.9.
RIGHT TO APPEAL.
Within 30 days of receiving written notice from the Chief denying, summarily
suspending, or cancelling a TVIP, a TA/TO may request a hearing.
6.9.1.
APPEAL REQUEST. A request
for a hearing upon a denied TVIP application, or cancelled or summarily
suspended TVIP must:
6.9.1.1. Be in writing,
addressed to the Chief.
6.9.1.2.
Explain the error asserted to have occurred, resulting in the incorrect denial,
cancellation or summary suspension of a TVIP application or permit.
6.9.2.
APPEAL
HEARING. The Chief will hold the hearing.
6.9.2.1. The scope of the hearing will be
limited to whether a TA/TO is eligible to hold a TVIP.
6.9.2.2. Where the appeal involves the
cancellation of an existing TVIP, the scope of the hearing will include
discussion of a TA/TO's compliance with applicable statutes and these
rules.
6.9.3.
APPEAL DECISION. The Chief will issue a written decision within 20
business days of the completed hearing.
6.9.3.1. If the Chief finds evidence of
noncompliance or ineligibility sufficient to sustain the denial, summary
suspension or cancellation of a TVIP, the prior decision to deny, summarily
suspend, or cancel a TVIP will be sustained.
6.9.3.2. If the Chief finds evidence of
ineligibility or noncompliance is insufficient to sustain the denial, summary
suspension, or cancellation of a TVIP, the denial, summary suspension, or
cancellation of a TVIP will be reversed and the application approved or the
prior permit reinstated.
6.9.3.3.
The decision of the Chief in either case shall constitute a final agency
action, subject to judicial review as set forth by §
24-4-106, CRS.
TVIN 7: CVP APPROVAL, CONDITIONS, DENIAL, SUMMARY
SUSPENSION, CANCELLATION AND APPEAL
7.1.
WRITTEN APPROVAL. Approval
of all CVP applications will be in writing from the Chief. All approved CVP
applications will include a copy of the CVP issued for the CV to the TA/TO and
will be signed by the Chief.
7.2.
CVP CONDITIONS. All CVPs are issued pursuant to compliance with
applicable conditions. Conditions applicable to all CVPs are:
7.2.1.
ACTIVE CONDITIONS. CVPs
shall be issued for a period not to exceed 36 months, at which time the TA/TO
must complete a CVP application to renew the permit.
7.2.1.1.
EFFECT OF SEPARATION. A
CVP issued for a CV to a TA/TO will immediately become invalid upon the
separation of employment or contract between a CV and TA/TO.
7.2.2.
COMPLIANCE. A
TA/TO must comply with the CVP requirements established by §
42-1-232(2) -
(4), CRS. A TA/TO and a CV must use a CVP consistent with these
rules.
7.2.3.
TRAINING. An individual for which a CVP is issued to a TA/TO must
successfully complete the CSP Civilian VIN Training Course.
7.2.4.
ARTICLE
4, TITLE18,
CRS. Absence of any convictions against the CV identified in a CVP for
violations of Article
4, Title
18, CRS, within the 10 years prior to
the submission of the CVP application. Similarly, the CV cannot be convicted of
violations of Article
4, Title
18, CRS, during the active period during
which the CVP is issued.
7.3.
CVP AVAILABILITY. A CVP
must be available for inspection by the CSP at the office of the TA/TO during
regular business hours.
7.4.
NON-TRANSFERRABLE. A CVP is not transferrable.
7.5.
AFFECT UPON LAWFUL
AUTHORITY. The issuance and subsequent use of a CVP does not:
7.5.1. Affect the right of any lawful
authority to check for valid state-issued ID and/or operating credentials that
a TA/TO may issue to a CV.
7.5.2.
Affect the right of any lawful authority to confirm with the Chief that a CV is
operating pursuant to a valid CVP.
7.6.
CVP SPECIFIC TO TA/TO. A
CVP is valid only when used by a CV operating on behalf of the TA/TO the CVP is
issued to.
7.6.1. The Chief may approve CVP
applications submitted by more than one TA/TO for a single CV.
7.6.2. If a CV is employed by or contracted
with more than one TA/TO, each TA/TO must complete a separate CVP application
for the CV.
7.6.3. Prior approval
of a CVP application for a CV employed by or contracted with a TA/TO does not
guarantee approval of a subsequent CVP application from another TA/TO for the
same CV.
7.7.
CVP
DENIAL. The Chief may deny a CVP application in writing when:
7.7.1.
NO TVIP. The TA/TO
submitting the CVP application does not have a valid TVIP.
7.7.2.
INELIGIBLE APPLICANT. The
TA/TO submitting the CVP application fails to meet the definition of a TA/TO as
defined within these rules.
7.7.3.
INCOMPLETE. The CVP application or the required documentation to
support it is determined to be incomplete.
7.7.4.
NO AFFILIATION WITH
TA/TO. The CV identified in the CVP application is not employed by or
contracted with the TA/TO submitting the application.
7.7.5.
TRAINING. The CV
identified in the CVP application fails or failed to complete the CSP Civilian
VIN Training Course successfully.
7.7.6.
ARTICLE
4, TITLE18,
CRS. The CV identified in a CVP application is determined to have been
convicted of violations of Article
4, Title
18, CRS, within 10 years prior to the
date of the CVP application submission.
7.7.7.
WRITTEN DECLARATION. The
CV identified in the CVP application fails to complete a written declaration
confirming that he or she has not been convicted of violations of Article
4, Title
18, CRS, within 10 years prior to the
date of the CVP application. An original copy of the signed declaration must be
included as part of the application submission.
7.7.8.
MISREPRESENTATION. The
CVP application is determined to contain or assert
misrepresentations.
7.7.9.
INCOMPETENCE. The TA/TO submitting the CVP application or the CV
for which the CVP is being submitted is or has been previously determined to be
incompetent as a consequence of failing to adequately verify commercial vehicle
information, including VINs, as a vehicle-related entity.
7.7.10.
MISUSE. It is determined
that the TA/TO submitting the CVP or the CV for which the CVP is being
submitted has been previously determined to have misused the TVIP or CVP, or
either otherwise is found to have operated in a manner inconsistent or in
violation of applicable statutes or rules.
7.8.
CVP SUMMARY SUSPENSION. A
CVP may be summarily suspended for up to 60 days, pending a cancellation
hearing. Summary suspension of a CVP may occur where it is determined
irreparable harm will occur if either the TA/TO or the CV for which the CVP is
issued continues to verify commercial vehicle information, including VINs.
7.8.1.
NOTICE. Notice of summary
suspension of a CVP will occur in writing and will be addressed to the TA/TO
and the CV, consistent with §
24-4-104, CRS.
7.8.2.
APPEAL. Either the TA/TO
or the CV may appeal the summary suspension of a CVP in writing, in a manner
consistent with the appeal of a cancellation of a CVP by either a TA/TO or a CV
as set forth in 7.10 of these rules.
7.8.3.
FINAL DECISION. After 60
days, and an opportunity to appeal a summary suspension in writing to the
Chief, the decision to summarily suspend a CVP pending a cancellation hearing
will become final.
7.9.
CVP CANCELLATION. A CVP may be cancelled when:
7.9.1.
INELIGIBLE TA/TO. A TA/TO
is determined to no longer hold a valid TVIP.
7.9.2.
NO AFFILIATION. A CV is
no longer employed or contracted by the TA/TO identified on a CVP.
7.9.3.
ARTICLE4, TITLE18, CRS. A CV is convicted of an
offense of Article
4, Title
18, CRS, while employed or contracted by
a TA/TO or within 10 years prior to the date of the CVP application submission
by the TA/TO.
7.9.4.
VERFIICATION ABSENT CVP. It is determined that the CV knowingly
completed third-party verifications of commercial vehicle information,
including VINs, in the absence of an approved CVP. A pattern of non-compliance
with either the CVP requirement by the TA/TO or the CV may influence the future
approval of CVP applications.
7.9.5.
INCOMPETENCE. The CV is
determined incompetent for a failure to properly verify commercial vehicle
information, including VINs, when employed by a vehicle-related entity,
including a TA/TO as defined by these rules.
7.9.6.
SUBSEQUENT CANCELLATION.
The cancellation of a CVP issued to a TA/TO for a CV will not necessarily
result in the cancellation of any other CVP or TVIP issued to a TA/TO or the
cancellation of a CVP for the same CV to another TA/TO.
7.9.7.
SUBSEQUENT REVIEW. The
cancellation of a CVP issued to a TA/TO for a CV may result in the subsequent
review of CVPs issued for the same CV to other TA/TOs.
7.10
RIGHT TO APPEAL. Within 30
days of receiving written notice from the Chief denying, summarily suspending,
or cancelling a CVP, the TA/TO or CV identified within the CVP application or
permit may request a hearing appealing the decision.
7.10.1.
APPEAL REQUEST. A
request appealing a decision by the Chief to deny a CVP application or to
summarily suspend or cancel a CVP must:
7.10.1.1. Be in writing and addressed to the
Chief.
7.10.1.2. Explain why the
TA/TO or CV believes the denial of the application or summary suspension or
cancellation of a CVP is in error.
7.10.2.
APPEAL HEARING. The
Chief will hold the hearing.
7.10.2.1. The
scope of the hearing will be limited to the CVP application or permit appealed,
regardless of any other CVPs applied for or held by a TA/TO or that identify a
CV.
7.10.2.2. Where the appeal
involves the cancellation of an existing CVP, the scope of the hearing will
include discussion of compliance with these rules by the TA/TO and/or the CV as
may be relevant.
7.10.3.
APPEAL DECISION. The Chief will issue a written decision within 20
business days of the completed hearing.
7.10.3.1. If the Chief finds evidence of
noncompliance of ineligibility sufficient to sustain denial, summary suspension
or cancellation of a CVP, the prior decision to deny, summarily suspend or
cancel a CVP will be sustained.
7.10.3.2. If the Chief finds evidence of
ineligibility or noncompliance is insufficient to sustain the denial, summary
suspension, or cancellation of a CVP, the denial, summary suspension or
cancellation of a CVP will be reversed, and the application approved or prior
permit reinstated.
7.10.3.3. The
decision of the Chief in either case shall constitute a final agency action,
subject to judicial review as set forth by §
24-4-106, CRS.
TVIN 8: REFERENCED SOURCES AND PUBLIC
INFORMATION
8.1.
REFERENCED PUBLICATIONS. All publications, standards, guidelines,
and rules adopted and/or incorporated by reference by these rules are on file
and available for examination at any state publications depository library as
required by §
24-4-103 (12.5), CRS. These rules
reference the following publications, standards, guidelines and rules,
consistent with §
24-4-103 (12.5), CRS:
8.1.1.
ALTERNATIVES TO SURETY BONDS
PERMITTED- REQUIREMENTS- DEFINITION.
§
11-35-101, CRS (2020).
8.1.2.
OFFENSES AGAINST
PROPERTY. Article
4, Title
18, CRS (2020).
8.1.3.
JUDICIAL REVIEW.
§
24-4-106, CRS (2020).
8.1.4.
VEHICLES AND TRAFFIC.
Articles 1- 6, Title 42, CRS, (2020), as applicable.
8.2.
AVAILABILITY OF
PUBLICATIONS. All publications, standards, guidelines, forms generated
by CSP to support the TVVP, and these rules are available for public inspection
upon request by contacting the Investigative Services Section of the CSP
Criminal Investigations Branch at 15055 S. Golden Road, Golden, CO, 80401,
303-273-1771.
8.2.1. The CSP Investigative Services Section
will maintain copies of the complete texts of these rules and of those
references identified in 8.1 of these rules and will make them available for
public inspection during regular business hours. Interested parties may request
copies of these documents for a reasonable fee from the Investigative Services
Section. These rules and the referenced publications listed 8.1 are also
available at no charge online.
8.2.2. Copies if these rules are accessible
online through the CDPS website at
HTTPS://WWW.COLORADO.GOV/PACIFIC/PUBLICSAFETY/RULES-AND-REGULATION-6.
8.2.3. Copies of the Colorado Revised
Statutes are accessible online through a link available on the Colorado General
Assembly website at
HTTPS://LEG.COLORADO.GOV/LAWS/COLORADO-REVISED-STATUTES.
8.3.
LATER
AMENDMENTS. These rules do not include later amendments to or editions
of any publication, standards, guidelines or rules incorporated by reference
herein.
8.4.
INQUIRIES. Address all inquiries or contact with the CSP regarding
these rules, their applicability, or the TVVP to:
Colorado State Patrol
Criminal Investigations Branch
Investigative Services Section
15055 S. Golden Road
Golden, CO. 80401
303-273-1771 (Phone)
303-273-1822 (Fax)
New rule eff.
10/15/2020.
