In one of her last deeds as Colorado’s director of revenue, M. Michael Cooke scheduled for March 5 a public hearing on proposed rules for issuing driver’s licenses and ID cards.
The hearing could end a legal challenge by people – many of them homeless – who had difficulty getting the documents because of restrictive and confusing rules the state had used for years.
A Denver judge in December said the state violated the law when it adopted the rules without allowing public comment. The rules required applicants to provide at least two forms of identification from a preapproved list of 19 documents.
After the judge’s decision, Cooke put emergency rules in place rescinding the so-called “two-document” requirement. But applicants are still required by law to prove their identity, age and legal presence in the U.S.
The temporary rules, which would become permanent if adopted unchanged after the public hearing, don’t limit which documents applicants can use, revenue spokeswoman Diane Reimer said.
Although one document might suffice, chances are an applicant will be asked to support the information from one record by producing another, such as a birth certificate or U.S. passport.
“The bottom line is we just might have the essence of a two-document rule without requiring two documents,” Reimer said.
Cooke was replaced Wednesday by Roxy Huber, who was appointed to the job by Gov. Bill Ritter. Huber could not be reached for comment on whether she would proceed with the planned hearing.
In a related development, the state on Tuesday will begin providing written reasons to unsuccessful applicants telling them why they were refused a driver’s license or ID card.
Also, the state for the first time will allow denied applicants to appeal the decision to a hearing officer. If the officer says the state erred by not accepting an applicant’s identity documents, the state will issue the license or ID card.
In the same ruling that mandated the public hearing, Denver Chief District Judge Larry Naves said the state’s rules were onerous and applied unevenly.
Naves ordered the state to give applicants the written response.
Staff writer David Migoya can be reached at 303-954-1506 or dmigoya@denverpost.com.
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