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DiMARCO v. DEPARTMENT OF REVENUE, MVD

No. 92CA1111.

857 P.2d 1349 (1993)

Pete Cymon DiMARCO, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE of the State of Colorado, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

July 29, 1993.

Attorney(s) appearing for the Case

Thomas D. Silverman, Glenwood Springs, for plaintiff-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., James F. Clark, Asst. Atty. Gen., Denver, for defendant-appellant.

Opinion by Judge CRISWELL.

The Department of Revenue (Department) appeals from a district court judgment vacating the Department's orders that both suspended and revoked the driver's license of plaintiff, Pete Cymon DiMarco. The central issue presented is whether the 60-day time limit for holding a hearing under § 42-2-123(12), C.R.S. (1992 Cum.Supp.) is jurisdictional. We hold that this time limit is not jurisdictional, and therefore, we reverse the district...

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