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Erbe v. Colorado Department of Revenue6/20/2002
to adjudicate license revocation cases. Thus, to the extent that the sixty-day time limit may be waived, the Department of Revenue would be free to reschedule license revocation hearings after the sixty-day period has expired. This reading of the statute would obviate the Department of Revenue's concerns about the difficulty or impossibility of rescheduling a hearing within the sixty-day period.
While Wilson and the cases it cites emphasize the importance of an administrative agency carrying out its duties strictly within a particular statutory time period, there is no reason why a licensee should not be able to waive that statutory provision and obtain a hearing after the sixty-day period. Further, such a waiver is consistent with § 42-2-126(6)(a), C.R.S. 2001, which provides that a revocation is not stayed during the period of any delay in a hearing caused or requested by the licensee or the licensee's attorney. My interpretation furthers the licensee's statutory right to counsel of his or her own choosing under § 24-4-105(9)(a), C.R.S. 2001, and is consistent with the statutory provision contained in § 24-4-105(2)(a), C.R.S. 2001, that "due regard shall be had for the convenience and necessity of the parties and their representatives."
Accordingly, I would conclude that the sixty-day time period is not jurisdictional in these circumstances and remand for further proceedings.
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