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reconstruction shall be deterrined by reference to the standards set forth in the access <br />code. <br />(c) Any party who has received an adverse decision by the department of transportation <br />may request and shall receive a hearing before the transportation commission or before <br />an administrative law judge from the department of personnel, at the discretion of the <br />transportation commission. Such hearing shall be conducted in accordance with the <br />provisions of article 4 of title 24, C.RS. Decisions by the transportation commission or <br />by an administrative law judge shall be considered final agency action. <br />(d) Reconstruction or relocation of a driveway shall be administered in the same manner <br />as the revocation of a license under the "State Administrative Procedure Act". <br />(7) The boards of county commissioners may, by resolution, and outer local authorities <br />may, in the manner prescribed in article l6 of title 31, C.IL.S., adopt by reference the state <br />highway access code, in whole or in part, or may adopt separate provisions, far <br />application to local roads and streets that are not a part. of the state highway system. <br />-- - ~. (7:5)-T$e issuing authority shall granta variance frorri the state highway access code"if, - <br />suchvariance would-not be inconsisEent with paragraph (a) of subsection'(1} of this <br />section and if such variance is reasonably necessary forthe convenience, safety, and - <br />welfare of the public. If failure to grant a variance would deny reasonable access to the <br />general street system, such denial may be subject to the provisions of section 43-1-108 <br />and section 15 of article R of the:state constitution. ._ <br />- - .E8) As used.in this.section, unless the context otherwise. requites: - .- --, _ - : - -.. - _ - -_ <br />- (a) "Access control plan" means a roadway design plan which designates preferred access <br />locations and their designs for the purpose ofbringing those portions ofroadway <br />included in the access control plan into conformance with their functional classification <br />to the extent feasible. <br />(b) "Appropriate local authority" means the board of county commissioners if the <br />driveway is to be located in the unincorporated area of a county and the governing body <br />of the municipality if the driveway is to be located within an incorporated municipalirf. <br />(c) "Functional classification" means a classification system that defines a public <br />roadway according to its purposes in the local or statewide highway pleas. The <br />cemmission shall determine the £unctional classification of all state highways. The <br />functional classification of county roads and city streets shall be determined by the <br />appropriate focal authority. <br />(d) "General street system" means the interconnecting nenvoric of city streets, county <br />roads, and state highways in an area. <br />980-d 90/!0'd 198-! fiiZ8191909+ 6tZ8'151'EOE JI9dtl81 LOOJ-YI089 lV~EI 90-12-10 <br />