Colorado § 42-2-407 - Licensing of testing units and driving testers - hearings - regulations.

§ 42-2-407. Licensing of testing units and driving testers - hearings - regulations.

(1) Commercial driver's license driving tests may be performed only by employees of the department or by commercial driver's license driving testers who are employed by commercial driver's license testing units, under contract with a commercial driver's license testing unit, or under contract with a statewide association working with transit agencies.

(2) The department is hereby authorized to issue, deny, suspend, or revoke licenses for the operation of commercial driver's license testing units. The department shall furnish all necessary instructions and forms to such testing units.

(3) The department is hereby authorized to issue, deny, suspend, or revoke licenses for commercial driver's license driving testers. The department shall furnish all necessary instructions and forms to such driving testers.

(4) The department shall supervise the activities of testing units and driving testers. The department shall provide for the inspection of testing units. Testing units shall be open for business at reasonable hours to allow inspection of the operations of such testing units.

(5) Testing units shall keep records as required by the department and shall make such records available to the department for inspection.

(6) The department shall require the surrender of the license of any commercial driver's license testing unit or commercial driver's license driving tester upon the suspension or revocation of such license.

(7) Any person aggrieved by the denial of issuance, denial of renewal, suspension, or revocation of a testing unit license or driving tester license shall be entitled to a hearing. Hearings held under this subsection (7) shall be conducted by a hearing officer before the department. Such hearing shall be held within thirty days after a written request for a hearing is received by the department. Such hearing shall be held before a hearing officer of the department and shall be held at the district office of the department which is nearest to the residence of the licensee, unless the hearing officer and the licensee agree that such hearing may be held at some other district office. Such hearing officer may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books, records, and papers at such hearing. The aggrieved person shall not perform any act under the license pending the outcome of such hearing.

(8) (a) The department shall adopt regulations for the administration and operation of commercial driver's license testing units and the conduct of commercial driver's license driving testers.

(b) In order to address the critical shortage of transit drivers that is limiting the ability of transit agencies to offer robust services, as soon as practicable after May 26, 2022, the rules must include provisions allowing a testing unit that does not employ a driving tester to be licensed and conduct tests using a driving tester that is under contract with the testing unit or with a statewide association working with transit agencies.

Source: L. 94: Entire title amended with relocations, p. 2168, § 1, effective January 1, 1995. L. 2022: (1) and (8) amended, (SB 22-180), ch. 236, p. 1741, § 5, effective May 26.

Editor's note: This section is similar to former § 42-2-507 as it existed prior to 1994, and the former § 42-2-407 was relocated to § 42-2-307.

Cross references: For the legislative declaration in SB 22-180, see section 1 of chapter 236, Session Laws of Colorado 2022.