(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:
(I) 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.
(II) (Deleted by amendment, L. 2003, p. 1940, � 4, effective May 22, 2003.)
(c) Has been convicted of any violation of title 18, C.R.S., that was committed
while hunting, 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;
(d) 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.;
(e) 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.
(2) 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.
(3) 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).
(4) Except as otherwise provided in subsection (4.5) of this section, any
hearing on the suspension 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.
(5) Notice of any resulting suspension shall be sent to the person by certified
mail, return receipt requested, to the last-known address of such person and to
license agents and other persons who should be notified of such suspensions.
(6) Any person whose license privileges have been suspended shall not be
entitled to purchase, 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.
(7) 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.
(8) 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.
(9) Repealed.