What is a hearing?
A hearing allows a vehicle owner to challenge written denials from DMV Vehicle Services (or counties motor vehicle departments) at a hearing hosted by the Department of Revenue Hearings Division. A hearing officer will preside over the hearing, where both sides can make statements under oath, present evidence and question the other side's witnesses. A knowledgeable witness will testify on behalf of the DMV Vehicle Services, which will be represented by a lawyer from the Attorney General’s Office.
Who bears the burden of proof?
The vehicle owner bears the burden of proof. The owner must prove that they are legally entitled to their requested relief. If the owner cannot meet their burden, the hearing officer cannot rule in their favor.
What is the hearing process/timeline?
After the vehicle owner submits a hearing request, the Hearings Division will schedule either a setting conference or a hearing. Most cases have a setting conference, during which a hearing date shall be set, though some will schedule a hearing directly (normally for late fee challenges). Once a hearing date is set, the Hearings Division will send a “Notice of Hearing” to all parties involved, with an invite link for the virtual hearing. The Hearings Division can hear several cases into a single hearing. Hearings can be set several months ahead, depending on availability.
How long does a hearing take?
Hearings typically take between one and half (1.5) to four (4) hours. The duration depends on factors such as the number of cases, evidence presented and legal complexities. Some hearings might extend to half a day or more.
When will a decision be made from the hearing?
The Hearing Officer typically does not make a decision during a hearing. Most times, a written decision is issued about a month after the hearing, but the timeline can vary based on case complexity and other factors.
How to Request a Hearing
Vehicle owners who receive a written denial for a DMV (or county motor vehicle department) transaction can request a hearing within sixty (60) days of the denial notice.
Requests should be sent to the Department of Revenue, Hearings Division, via email at dor_regulatoryhearings@state.co.us or by mail to PO Box 17808, Denver, CO 80217. With the hearings request, owners must include the Vehicle Identification (VIN) number and a copy of the denial letter.