(1) The commission, or a hearing officer who has been delegated authority by the commission, has the exclusive authority to suspend the privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division for a period not to exceed five years, except as otherwise provided in articles 1 to 6 of this title, if a person:
(a) Has been convicted of violations of articles 1 to 6 of this title totaling twenty or more points in any consecutive five-year period; (b) While a Colorado resident:
Has been convicted of wildlife violations of another state, or any Canadian province,United States territory, or federal agency which is a member of the "Wildlife Violator Compact", part 26 of article 60 of title 24, C.R.S., for which equivalent charges exist in this state, and such convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), would total twenty or more points in any consecutive five-year period.
(Deleted by amendment, L. 2003, p. 1940, § 4, effective May 22, 2003.)
Has been convicted of any violation of title 18, C.R.S., that was committed whilehunting, trapping, fishing, or engaging in a related activity or of any federal wildlife violations within Colorado and such federal convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), total twenty or more points;
Is found to meet the requirements for reciprocal suspension as provided in the
"Wildlife Violator Compact", part 26 of article 60 of title 24, C.R.S.;
Has been convicted of any violation under section 33-6-114.5 (2), (3), (4), (5), or (6).
(1.3) (a) The commission or a hearing officer that the commission delegates to hear a matter may suspend a person's license in accordance with subsection (1) of this section if the person fails to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged violation of articles 1 to 6 of this title 33 issued by a Colorado wildlife officer, parks officer, or other peace officer.
(b) A suspension issued pursuant to this subsection (1.3) remains in effect until the person furnishes or causes to be furnished satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged violation of articles 1 to 6 of this title 33. The division shall enter the suspension in accordance with article III of the "Wildlife Violator Compact", part 26 of article 60 of title 24, and shall remove the entry upon satisfactory evidence of the person's compliance with an official notice of an alleged violation.
For the purposes of license suspension under subsection (1) of this section, the payment of a penalty assessment, a court conviction, a plea of nolo contendere, the acceptance of a deferred or suspended sentence by the court, the adjudication of a juvenile as delinquent for any violation of this title that would have resulted in a conviction if prosecuted as an adult, or forfeiture of bail shall be deemed a conviction.
Any person who is to be considered for suspension, including permanent suspension,shall be given due notice of such action and shall be given the opportunity to appear and show cause why his or her license privileges should not be suspended. Such notice shall be in the form of a certified letter, return receipt requested, sent to the last-known address of the person, stating the violations and the date of hearing. Proof of such mailing and attempted delivery shall be sufficient proof of the notice required by this subsection (3).
Except as otherwise provided in subsection (4.5) of this section, any hearing on thesuspension of license privileges for Colorado residents shall be held in a regional or area office of the division nearest to the residence of the respondent or, in the case of nonresidents, in such other location as may be determined by the division. Such hearing shall be conducted by a hearing examiner on behalf of the commission. The hearing examiner may administer oaths and affirmations, issue subpoenas for the attendance of witnesses and the production of books and papers, and apply to the district court for enforcement thereof. The hearing examiner shall not be subject to the provisions of part 10 of article 30 of title 24, C.R.S. The director shall appoint such hearing examiners, who may be employees of the division.
(4.5) With respect to any suspension of the license of a resident pursuant to the provisions of a compact with another state, territory, or province for failure to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged wildlife violation issued by a wildlife officer or other authorized peace officer in such other state, territory, or province, the hearing shall be conducted by the commission at the time and place of a regularly scheduled meeting without the need for any prior hearing by the hearing examiner. The commission shall have the authority with respect to any such suspension to suspend the resident's privileges until satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of violation has been furnished to the division.
Notice of any resulting suspension shall be sent to the person by certified mail, returnreceipt requested, to the last-known address of such person and to license agents and other persons who should be notified of such suspensions.
Any person whose license privileges have been suspended shall not be entitled topurchase, apply for, or exercise the benefits conferred by any license issued by the division until such person's suspension has expired. Any person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of five hundred dollars. Conviction under this subsection (6) shall result in an automatic two-year extension of the existing suspension added to the end of the original suspension unless such person was under a lifetime suspension when such violation occurred. If a person is under a lifetime suspension and violates this subsection (6), such person shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.
The commission may delegate the exercise of its exclusive authority to suspend wildlife license privileges to any hearing examiner appointed by the division. The hearing examiner's decision may be appealed to the commission by filing a notice of appeal with the commission within thirty days after receipt of the hearing examiner's decision.
If a person's privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division is suspended three or more times pursuant to this section, such person shall receive a lifetime suspension of such privileges.
Repealed.
Source: L. 84: Entire article R&RE, p. 868, § 1, effective January 1, 1985. L. 89: (1)(d) and (4.5) added and (4) amended, p. 1092, §§ 2, 3, effective April 12. L. 90: (1)(e) added, p. 1531, § 3, effective July 1. L. 94: IP(1), (1)(b), (1)(d), (3), (4), and (5) amended and (7) added, pp. 1581, 1582, §§ 9, 10, effective May 31. L. 2003: IP(1), (1)(b)(II), (1)(c), (2), and (6) amended and (8) added, p. 1940, § 4, effective May 22. L. 2012: (9) added, (HB 12-1330), ch. 259, p. 1336, § 1, effective August 8. L. 2020: (1.3) added, (HB 20-1087), ch. 49, p. 169, § 5, effective March 20.
Editor's note: (1) This section is similar to former § 33-6-128 as it existed prior to 1984.
Subsection (9)(f) provided for the repeal of subsection (9), effective July 1, 2017. (See L. 2012, p. 1336.)
Section 15 of chapter 49 (HB 20-1087), Session Laws of Colorado 2020, providesthat the act changing this section applies to offenses committed and other conduct occurring on or after March 20, 2020.