DEPARTMENT OF REVENUE
Division of Motor Vehicles – Title and Registration Section
1 CCR 204-10
RULE 15. FALLEN SERVICE MEMBER LICENSE PLATES
BASIS : This regulation is promulgated under the authority of §42-1-102 (24), §42-1102 (24.5), §42-1-204, 42-3-213 (1) (a) (XIV), §42-3-213 (1) (f) and §42-3-213 (15),
C.R.S.
PURPOSE: The purpose of this regulation is to establish a processes to be followed
for the application and issuance of the Fallen Service Member license plate.
1.0
1.1
Definitions
“Applicant” and “Authorized Family Member” means the current or past
spouse, child, sibling, grandparent, or parent of a person who has died in the line
of duty while serving in the United States Armed Forces while deployed to a
combat zone. The term “child” shall include adopted children and the term
“parent” shall include parents of adopted children.
a.
Statutorily foster parents, foster children, step parents, step children,
aunts, uncles, nieces, nephews, cousins, fiancée, and friends or
associates of the fallen service member may not be considered an
authorized family member for the issuance of a Fallen Service Member
license plate.
1.2
“Department” for the purpose of this regulation means the Department of
Revenue, Title and Registration Sections. of this state acting directly or
through its duly authorized officers and agents.
1.3
“Fallen Service Member License Plate” means a distinctive special license plate
that honors service in the armed forces of the United States, and may be issued to
an authorized family member of a person who has died in the line of duty while
serving in the United States Armed Forces while deployed to a combat zone.
1.4
“Distinctive Special License Plate” means a special license plate that is
issued to a person because such person has an immutable characteristic or
special achievement honor. Such special achievement honor shall not
include a common achievement such as graduating from an institution of
higher education. Such special achievement shall include honorable service
in the armed forces of the United States. Distinctive special license plate
shall include a license plate that is issued to a person or the person’s family
to honor such person’s service in the armed forces.
2.0
Requirements
2.1 Eligibility for the authorization for issuance of a Fallen Service Member license
plate is based on an application process with the Department.
a.
The Applicants shall must provide a photocopy of a DD214 Form issued
by the United States Government and any other evidence sufficient to
demonstrate that the service member documentation to the
department’s Title and Registration Sections indicating that the service
member being honored by the issuance of a Fallen Service Member
license plate was serving in the U.S. Armed Forces and died in the line of
duty while deployed to a combat zone.
b.
The Applicants must provide documentation to the Department’s
Registration Section indicating that they are an authorized family member of
the service member identified in regulation 2.1a. This documentation may
include but not be limited to photocopies of birth certificates, death
certificates, census records, obituaries, historical archives,
naturalization records, military records, adoption records, marriage
certificates, any combination thereof.
2.2 Vehicles eligible for Fallen Service Member license plates shall be limited to trucks
that do not exceed sixteen thousand pounds empty weight, passenger cars,
motorcycles, or noncommercial or recreational vehicles. Applicant’s must be
listed as an owner of the vehicle for which he/she intends to register the
Fallen Service Member license plates to.
2.3 Natural persons eligible for Fallen Service Member license plates shall be the
current or past spouse, child, sibling, grandparent, or parent of the fallen
service member that was serving in the U.S. Armed Forces and died in the
line of duty while deployed to a combat zone. The term “child” shall include
adopted children and the term “parent” shall include parents of adopted
children.
2.4 The list of persons not eligible for Fallen Service Member license plates
includes but is not limited to foster parents, foster children, step parents,
step children, aunts, uncles, nieces, nephews, cousins, fiancée, and friends
or associates of the fallen service member or of the approved applicant.
2.5 The type of Fallen Service Member license plate issued to the certified and
approved applicant will be based on the branch of the Armed Forces
corresponding service in which the fallen service member was serving when he
or she died in the line of duty in a combat zone. The approved Fallen Service
Member license plates are designated as Fallen Airman (Air Force), Fallen Soldier
(Army), Fallen Guardsman (Coast Guard), Fallen Marine (Marine Corps), and
Fallen Sailor (Navy). An approved family member of a Reserve or and National
Guard service members that died in the line of duty while deployed in to a combat
zone will be issued honored with a Fallen Service Member license plate based
on their parent service (i.e., Air Force, Army, Coast Guard, Navy, and Marine) of
the Reserve or National Guard that service member served under. upon
application from a certified and approved family member.
2.6 If applicant is approved the Department will notify the applicant of the
approval via postal mail detailing payment of special plate fees, regular taxes
and fees and issuance of the Fallen Service Members license plate as
follows:
a.
The one-time issuance fee imposed pursuant to §42-3-213(1)(b)(I)
C.R.S., commonly known as the Highway Users Tax Fund collected
pursuant to §43-4-205(5.5)(b) C.R.S., shall not be charged for the first
set of plates, per applicant. The Department will collect the one-time
issuance fee imposed pursuant to §42-3-312 C.R.S., commonly known
as the Licensing Services Cash Fund collected pursuant to §42-2-114.5.
b.
The one-time fee will be collected by the Department prior to
providing the Fallen Service Member license plate to the applicant’s
County Motor Vehicle Office for issuance. The normal taxes and fees
will be collected by the applicant’s county of residence upon issuance.
c.
All renewal transactions will be performed by the applicant’s county
of residence.
3.0 Process
3.1 The Department’s Registrations Section, upon receipt of the documentation
and application identified in regulation 2.1, will review and verify the accuracy
of the information and review the and documentation identified in regulation
2.1 above. to be used in the qualification process for the issuance of the
Fallen Service Member license plates.
a.
The applicant shall provide a photocopy of a DD214 Form issued by
the United States Government and any other evidence sufficient to
demonstrate that the service member was serving in the U.S. Armed
Forces and died in the line of duty while deployed to a combat zone.
b.
Documentation shall also be submitted to the department’s Title and
Registration Sections indicating that the applicant is an authorized
family member, as identified in regulation 2.3 above. This
documentation may include but not be limited to photocopies of birth
certificates, death certificates, census records, obituaries, historical
archives, naturalization records, military records, adoption records,
marriage certificates or any combination thereof.
3.2 After review and verification, the Department’s Registration Section will either
approve or deny an the application for a the Fallen Service Member license plates.
The applicant will be notified, in writing, of approval or denial through written
correspondence.
a.
If approved, the Department’s Registrations Section will notify the
applicant of the approval via postal mail detailing payment of special plate
fees, normal taxes and fees and issuance of the Fallen Service Members
license plate as stated in regulation 2.6.
b.
The Department will only retain the original application. All
additional supporting documentation will be properly destroyed unless
request for return of this documentation is specified by the applicant
and a pre-paid envelope are provided for the return of the documents.
c.
Approved applicants shall pay all statutorily required taxes and fees
associated with registering and renewing the Fallen Service Member license
plate. Authorization shall not be construed to allow the authorized family
member to receive a license plate without paying all applicable taxes and
fees. Authorization shall not be construed as authorization for the
approved family member to receive a Distinctive Special license plate
that would be issued to the service member should he or she have been
living and qualified to receive such a plate.
1)
Any one-time and issuance fees will be collected by the Department
prior to providing the Fallen Service Member license plate to the
applicants County Motor Vehicle office for issuance and
registration to the applicants vehicle.
2)
Any taxes and fees required to register the applicants’ vehicle will
be collected by the applicants’ county of residence upon issuance.
d.
All renewal transactions will be performed by the applicants’
county of residence.
e.
The Department will only retain electronic copies of the original
application and supporting documents. All original documents will be
properly destroyed unless request for return of this documentation is
specified by the applicant and a pre-paid envelope is provided for the
return of the documents.
f.
The Department will make an every effort to work with the applicants to
correct applications or submitted paperwork prior to denying an application
the applicant. If an application is denied, the Department will notify the
applicant in writing, applicant will receive a letter via postal mail, with the
original application and submitted paperwork attached explaining the reason
for denial. and possible solutions to correct. The Department will not
retain originals or photocopies of the application or submitted
supporting paperwork.
4.0 Denied Applicants
4.1 Applicants who have been denied issuance of Fallen Service Member license
plates may request a hearing, in writing, within thirty days after the denial
notice is issued. Written hearing requests shall be submitted to the
Department of Revenue, Enforcement Unit, Hearings Section, 1881 Pierce
Street, Room #106, Lakewood, CO 80214.
4.2 The hearing shall be held at the Department of Revenue, Enforcement Unit,
Hearing Section, 1881 Pierce Street, Room #106, Lakewood, CO 80214. The
presiding hearing officer shall be an authorized representative designated by
the Executive Director. The Department’s representative need not be present
at the hearing unless his or her presence is required by the presiding officer,
or requested by the applicant at the time the written request for hearing is
submitted. If the Department’s representative is not present at the hearing,
any written documents and affidavits submitted by the Department may be
considered at the discretion of the hearing officer.