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DEPARTMENT OF REVENUE, DMV v. ROWLAND

Supreme Court Case No. 16SC303.

408 P.3d 458 (2018)

2018 CO 1

DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, Petitioner/Cross-Respondent, v. Brian ROWLAND, Respondent/Cross-Petitioner.

Supreme Court of Colorado.

January 8, 2018.

Attorney(s) appearing for the Case

Attorneys for Petitioner/Cross-Respondent: Cynthia H. Coffman , Attorney General, Frederick R. Yarger , Solicitor General, Glenn E. Roper , Deputy Solicitor General, Laurie Rottersman , Senior Assistant Attorney General, Grant T. Sullivan , Assistant Solicitor General Denver, Colorado.

Attorneys for Respondent/Cross-Petitioner: Frechette Law Office, Franz P. Frechette , Nederland, Colorado.

Attorneys for Amicus Curiae Colorado Criminal Defense Bar: Tiftickjian Law Firm, P.C., James Nechleba , Jay M. Tiftickjian Denver, Colorado.

Attorneys for Amicus Curiae Colorado District Attorneys' Council: Colorado District Attorneys' Council, Thomas R. Raynes , Jennifer R. Knudsen Denver, Colorado.

Han Ng, LLC, Han Ng , Fraser, Colorado.

En Banc.

¶ 1 This case requires us to interpret section 42-2-126(8)(c), C.R.S. (2017), which provides that in driver's license revocation proceedings, a hearing officer "may consider evidence contained in affidavits," so long as those affidavits are sworn to under penalty of perjury. After Respondent...

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