§ 42-2-120 — Methods of service

Colorado § 42-2-120

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Drivers' Licenses

Text

(1) Any notice or order required to be served
under this article 2 may be served in any manner reasonably designed to notify the
person to be served of the material provisions of the notice or order. A person has
been served with a notice or order when the person has knowledge of the material
provisions of the notice or order, regardless of the manner in which the knowledge
was acquired. Any irregularity in the form or manner of service or documentation of
the proof of service or the means by which knowledge of the material provisions of
a notice or order is acquired does not affect the validity of the notice or order.

(2) For purposes of notices or orders relating to driving restraints only,
material provisions means those provisions which identify the affected person,
and those provisions which state that a restraint against the person's license or
privilege to drive in this state has been, or will be, entered on the records of the
department, or those provisions which advise the person that he or she has a right
to request a hearing regarding the imposition of a restraint against such person's
license or privilege to drive.

(3) The department shall develop proof of service forms which may be used
to document proof of service under this subsection (3). Such forms shall include but
need not be limited to the following:

(a) The name and date of birth of the person served;

(b) The date and time of service;

(c) The identification number of the notice or order served, if any, or, in the
event the notice or order is not available, a description of the information relayed to
the person served;

(d) The name, title, signature, and employing agency of the person making
service;

(e) The signature of the person served; and

(f) The right index fingerprint of the person served.

(4) In addition to service by mail or any other means, service of notices or
orders may be personally made by any employee of the department, any peace
officer, any municipal, county, or state prosecutor, or any municipal, county or
district court judge, magistrate, or judicial officer. If service is personally made
under this subsection (4), proof of such service of any notice or order may be made
by sending a written notification of service in any form to the department. Such
notification shall be an official record of the department under section 42-2-121. It
shall not be necessary that the written notification is on a form supplied by the
department, but the department may refuse to accept as an official record a written
notification which does not provide substantially the same information as specified
in subsection (3) of this section.

(5) Peace officers and employees of the department shall serve notices and
orders relating to driving restraints upon the affected person anytime the affected
person is contacted by a peace officer or employee of the department, when such
peace officer or employee believes that the affected person may not have been
previously personally served with any notice or order affecting such person's
license or privilege to drive a motor vehicle in this state.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2127, � 1, effective January 1, 1995. L. 2024: (1) amended, (HB 24-1089), ch. 329, p. 2227, � 3, effective June 3.