As used in this title 44, unless the context otherwise requires:
(1) Department means the department of revenue created in section 24-1-117.
(1.5) (a) Driver's history means a driver's history record made and maintained in accordance with section 42-2-121 (2).
(b) Driver's history does not include a misdemeanor or felony conviction, notwithstanding that the conviction is included within the driver's history record made and maintained in accordance with section 42-2-121 (2).
(2) Executive director means the executive director of the department.
Source: L. 2018: Entire title added, effective October 1. (For the 9 bills that added this title 44 and their locations in the 2018 Session Laws, see the editor's note following the title 44 heading.) L. 2021: (1.5) added, (SB 21-040), ch. 59, p. 240, � 4, effective September 7.
44-1-104. Use of driver's history for professional licensing, permit, or registration decisions. (1) When a person applies for a license, permit, or registration under this title 44, the department shall not consider an event in the applicant's driver's history when determining whether to issue to the applicant a new, renewal, or reinstated license, permit, or registration unless:
(a) The event is relevant to the performance of the profession or occupation that is the subject of the application; and
(b) (I) The operation of a motor vehicle is a duty of the profession or occupation that is the subject of the application;
(II) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation that is the subject of the application; or
(III) The event occurred within three years before the date that the applicant submitted the application to the department.
(2) (a) Unless subsection (2)(b) of this section applies, the department shall not consider an event within the driver's history of a license holder, permit holder, or registrant when determining:
(I) Whether to impose discipline;
(II) The type of discipline to impose; or
(III) The severity of discipline to impose.
(b) The department may consider an event within a driver's history if:
(I) The event is relevant to the performance of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered; and
(II) (A) The operation of a motor vehicle is a duty of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered;
(B) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered; or
(C) The event occurred within three years before the act upon which the discipline is based.
Source: L. 2021: Entire section added, (SB 21-040), ch. 59, p. 241, � 5, effective September 7.