(1) The director shall administer and enforce the provisions of this article and may make rules and regulations in writing necessary for the administration of this article.
(2) (a) The director shall provide for a hearing upon request of any person affected by an order or act of the director under the provisions of this article. Such hearing need not be a matter of record.
A request for a hearing, made within the twenty-day period prescribed in section 427-301 (3) and (4), shall operate during the pendency of such hearing to postpone the effective date of any order or act of the director pursuant to this article.
If the person, for the protection of the public interest and safety, files or has filedwith the director evidence of current liability insurance in the driver's name, or has made a deposit as provided in section 42-7-418, the request for hearing shall also postpone the date on which the affected person's license or nonresident's operating privilege would otherwise be suspended.
The decision as rendered by the director upon a hearing, or an order or act of thedirector when no hearing is requested, shall be final unless the affected person seeks judicial review.
In any action for judicial review of the action of the director, the court, upon application for a hearing on the question of irreparable injury with three days' notice to the director of such hearing and upon a finding by the court at such hearing that irreparable injury to the affected person would otherwise result, may order that the filing of the action shall operate to postpone the effective date of the director's order or act, in which event the court may also impose the condition, for the protection of the public interest and safety, that the person bringing the action shall obtain and maintain during the pendency of the action an automobile liability policy or bond or deposit of security as provided in section 42-7-418. The procedure in all other respects upon review shall be in accordance with the applicable provision of section 24-4-106, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2474, § 1, effective January 1, 1995. L. 96: (2)(c) amended, p. 1209, § 4, effective July 1.