1 CCR 204-10-18 - SATISFACTORY EVIDENCE OF VEHICLE OWNERSHIP
Basis: The statutory bases for this regulation are sections 42-1-204, 42-6-104, 42-6-106, 42-6-107, 42-6-109, 42-6-110, 42-6-113, 42-6-114, 42-6-115, and 42-6-119, C.R.S.
Purpose: The following rule is promulgated to establish the process for proving vehicle ownership for the purpose of issuing a Colorado certificate of title.
1.0
Definitions
1.1
"Registration" means a vehicle registration card or other document that
demonstrates the vehicle has been registered in the applicant's name.
1.2 "Foreign Jurisdiction" means any state,
other than the State of Colorado, or any country other than the United States,
or sovereign nation.
1.3 "Purged
Colorado Record" means a record that is no longer active or accessible in motor
vehicle system.
1.4 "Suspense
Title" means the issuance of a Colorado registration to a vehicle titled in a
Foreign Jurisdiction when the vehicle cannot be titled in Colorado.
2.0
Satisfactory Evidence of Vehicle
Ownership
2.1 The Department
may accept the following documents as evidence of vehicle ownership:
a. A certificate of title issued by the State
of Colorado or a Foreign Jurisdiction that has been properly transferred.
1. A copy or electronic printout of a title
from a Foreign Jurisdiction is satisfactory for a Suspense Title transaction
when the title is held by a lien holder.
2. A Registration issued by a Foreign
Jurisdiction that has issued a title and the title is held by a lien
holder.
b. A
Registration for the vehicle listing the applicant's name if issued by a
Foreign Jurisdiction that does not issue a title for that vehicle
type;
c. A bill of sale for a
vehicle not previously required to be titled or registered in the State of
Colorado;
d. A bill of sale from a
Foreign Jurisdiction if that jurisdiction does not issue a title for or
register that vehicle type;
e. A
bill of sale that notates "parts only" if applying for a Colorado nonrepairable
title;
f. A Registration issued by
the U.S. Armed Services;
g. A copy
of a court order describing the vehicle by year, make, and Vehicle
Identification Number (VIN), and directing the Department to issue a Colorado
certificate of title to the applicant, or a judgment for possession obtained
through a civil proceeding;
h. A
completed DR 2409 Statement of Assembly of Homemade Trailer and Assignment of
Trailer I.D. Number if the trailer is a homemade vehicle as defined in section
42-5-201(4),
C.R.S.;
i. A Colorado Parks and
Wildlife Registration for an off-highway vehicle.
j. Other evidence deemed by the Department to
be satisfactory evidence of vehicle ownership.
2.2 If an applicant does not have the
Colorado certificate of title and the Colorado record has been purged, any of
the following documents listing the applicant's name, submitted together with a
completed DR 2116 Motor Vehicle Bill of Sale For a Purged Colorado Record, may
be considered satisfactory evidence of proof of vehicle ownership:
a. Colorado Registration;
b. Colorado Registration renewal
card;
c. Photocopy of the Colorado
certificate of title;
d. A copy of
the Colorado motor vehicle record; or
e. Other documentation deemed by the
Department to be satisfactory evidence of vehicle ownership.
2.3 Any document provided as
evidence of vehicle ownership must include the vehicle's VIN, model year, make,
and the applicant's name listed as the owner, buyer, or transferee.
2.4 The Department will not accept documents
that do not contain all elements that may be required to prove authenticity
(e.g., certification, notary, acceptable transfers, assignments,
etc...).
2.5 An applicant who
cannot provide satisfactory evidence of vehicle ownership documents must
satisfy all requirements as required in section
42-6-115, C.R.S., and Code of
Colorado Regulation 1 CCR 204-10. Rule 19. Bonding for Colorado Certificate of
Title.
3.0
Appeals
3.1 If an
applicant's documents have been denied as unsatisfactory evidence of vehicle
ownership, the applicant may request a hearing, in writing, within 60 days
after a notice of denial is issued. Written hearing requests shall be submitted
to the Department of Revenue, Hearings Section.
3.2 The hearing shall be held at the
Department of Revenue, Hearing Section. The presiding hearing officer,
designated by the Executive Director, shall conduct the hearing pursuant to the
State Administrative Procedures Act, section
24-4-105, C.R.S. The Department's
representative need not be present at the hearing unless the presiding hearing
officer requires his or her presence or the applicant requests his or her
presence in writing. If the Department's representative is not present at the
hearing, the hearing officer has the discretion to consider any written
documents and affidavits submitted by the Department.
Notes
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