Purpose
The purpose of this rule is to set forth regulations for
placement of a disability identifier symbol on a driver license, identification
card or identification document; issuance of a driver license, identification
card or identification document with the disability identifier symbol; and
requesting removal of the symbol.
Statutory Authority
The statutory bases for this regulation are sections
12-240-107;
12-240-113;
12-245-101 et seq.; and
12-255-111;
24-4-103;
24-72.1-102(5);
42-1-204;
42-2-107;
42-2-113;
42-2-114;
42-2-302;
42-2-303 C.R.S. This regulation
applies to documents issued under Title 42, Article 2, Parts 1, 3, and
5.
Incorporation By Reference Of Federal Law
The Department incorporates by reference as part of Rule 4 of
the Department of Revenue Regulations, the Americans with Disabilities Act of
1990, Pub. L.
101-336, 108th Congress, 2nd session (July 26,
1990), 104 Stat. 327, as amended by the ADA Amendments Act of 2008,
Pub. L.
110-325, (September 25, 2008), 122 Stat. 3553.
Such Act is published by the United States Equal Employment Opportunity
Commission in full in the United States Code Annotated, Title 42, sections
12101 et seq. Rule 4 does not include any later amendments or editions of such
Act.
A copy of such Act is available for a reasonable charge from
the Colorado Department of Revenue, 1881 Pierce Street, Room 128, Lakewood,
Colorado 80214. A copy of such Act is maintained by the Colorado Department of
Revenue and is on file and available for inspection during normal business
hours by contacting the Driver License Section of the Colorado Department of
Revenue in person at 1881 Pierce Street, Room 128, Lakewood, Colorado 80214 or
by contacting the Driver License Section of the Colorado Department of Revenue
by telephone at 303-205-5600. The incorporated material may also be examined at
any state publications depository library. A copy, including a certified copy,
of such Act is also available from the United States Equal Employment
Opportunity Commission, 131 M Street, NE, Washington DC 20507. Telephone:
202-921-3191; 1-800-669 -6820 (TTY); or 1-844-234 -5122 (ASL video
phone).
1.0
Definitions
1.1
Applicant- Any natural person applying to the Department for a Colorado driver
license, identification card or a Colorado Road and Community Safety Act
identification document.
1.2
Department- The Colorado Department of Revenue.
1.3 Driver License- A driver license, minor
driver license, or instruction permit.
1.4 Identification Card- Has the same meaning
as defined in C.R.S.
42-2-303(1)(a).
1.5 Identification Documents- Has the same
meaning as defined in C.R.S.
42-2-503(1).
1.6 Professional- A physician licensed to
practice medicine under article 240 of title 12 or practicing medicine under
section 12-240-107(3)(i),
a physician assistant licensed under section
12-240-113, a mental health
professional licensed or certified under Article 245 of title 12, an advanced
practice nurse registered under Section
12-255-111, a person with a
master's degree in rehabilitation counseling, or a physician, physician
assistant, mental health professional, or advanced practice registered nurse
authorized to practice professionally by another state that shares a common
border with Colorado.
2.0
Disability Identifier Symbol
2.1 The Department will consult with relevant
stakeholders and develop a discrete disability symbol that represents all types
of disabilities, including cognitive disabilities, neurological diversities,
mental health disorders, sensory needs, chronic illness, chronic pain, and
physical disabilities.
3.0
Application for a Disability Identifier Symbol
3.1 In accordance with C.R.S.
42-2-114(12) and
42-2-303(6),
before issuing a Driver License or Identification Card bearing a disability
identifier symbol, the Department must:
3.1.1
Receive a "Colorado Driver License/Identification Card Application for
Disability Identifier Symbol" (DR2093) completed by the applicant and signed by
a professional, under penalty of perjury,
affirming and verifying
that:
3.1.1.1 The applicant has a
disability as defined in the federal "Americans with Disabilities Act of 1990
as amended by the Americans with Disabilities Amendments Act of 2008",
42 U.S.C. Sec.
12101 et seq., and
3.1.1.2 The disability interferes with the
applicant's ability to effectively communicate with a peace officer.
4.0
Removal of
the Disability Identifier Symbol
4.1 An applicant may choose to remove the
disability identifier symbol on their Driver License, Identification Card, or
Identification Document. The Department shall issue the applicant a new Driver
License, Identification Card, or Identification Document without the disability
identifier symbol at the request of the applicant, and shall not charge a fee
for the issuance of the new Driver License, Identification Card, or
Identification Document.
5.0
Effective Date
5.1 The
effective date of this rule is July 1, 2022.
Notes
1 CCR 204-30-4
37
CR 20, October 25,2014, effective 11/14/2014
38
CR 11, June 10, 2015, effective 6/30/2015
38
CR 12, June 25, 2015, effective 7/15/2015
38
CR 17, September 10, 2015, effective
9/30/2015
39
CR 01, January 10, 2016, effective
1/30/2016
39
CR 14, July 25, 2016, effective
8/14/2016
39
CR 15, August 10, 2016, effective
8/30/2016
39
CR 16, August 25, 2016, effective
9/14/2016
39
CR 19, October 10, 2016, effective
10/30/2016
39
CR 24, December 25, 2016, effective
1/30/2017
40
CR 20, October 25, 2017, effective
11/14/2017
40
CR 24, December 25, 2017, effective
1/14/2018
41
CR 08, April 25, 2018, effective
5/15/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 17, September 10, 2018, effective
9/30/2018
41
CR 23, December 10, 2018, effective
12/30/2018
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 24, December 25, 2019, effective
1/14/2020
43
CR 12, June 25, 2020, effective
5/22/2020
43
CR 12, June 25, 2020, effective
7/16/2020
43
CR 19, October 10, 2020, effective
9/17/2020
43
CR 18, September 25, 2020, effective
10/15/2020
43
CR 23, December 10, 2020, effective
11/4/2020
43
CR 20, October 25, 2020, effective
11/15/2020
43
CR 22, November 25, 2020, effective
12/16/2020
43
CR 23, December 10, 2020, effective
12/30/2020
44
CR 01, January 10, 2021, effective
1/30/2021
44
CR 03, February 10, 2021, effective
3/2/2021
44
CR 15, August 10, 2021, effective
8/31/2021
44
CR 22, November 25, 2021, effective
12/15/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 24, December 25, 2022, effective
1/14/2023
46
CR 01, January 10, 2023, effective
1/30/2023
45
CR 22, November 25, 2022, effective
1/31/2023
46
CR 05, March 10, 2023, effective
4/3/2023
