27 CAR § 34-104 – Amendment of gender information on a driver’s license or identification card

(a)
1. (1) On a form provided by the Office of Driver Services, an applicant may request the Office of Driver Services amend the gender information contained on the applicant’s driver’s license or identification card.
2. (2) The applicant shall submit with the form an original or certified copy of an amended birth certificate issued by:
  1. (A) The Department of Health under Arkansas Code § 20-18-307; or
  2. (B) The vital records office of another state or governmental agency.
(b)
1. (1) The Office of Driver Services shall not grant an application for change of gender information unless the applicant:
  1. (A) Completes the form provided under subdivision (a)(1) of this section; and
  2. (B) Submits the documentation required by subdivision (a)(2) of this section.
2. (2) If the Office of Driver Services approves the application for amendment of gender information, the Office of Driver Services may issue to the applicant an amended duplicate:
  1. (A) Driver's license upon the payment of the fee under Arkansas Code § 27-16-806 provided that the applicant’s driving privileges are not currently suspended or revoked; or
  2. (B) Identification card upon the payment of the fee provided under Arkansas Code § 27-16-805.
(c) If the Office of Driver Services denies an application to amend gender information submitted under this part, the Office of Driver Services shall state its reasons for the denial in writing and forward a copy of the denial letter to the applicant via first class United States mail.
(d)
1. (1) If the records of the Office of Driver Services contain a record of an unexpired driver's license or identification card that has been issued with gender information stated as "X", the Office of Driver Services may amend the person's record to reflect gender information as "M" (male) or "F" (female) to correspond to the identity document records of the applicant kept by the Office of Driver Services.
2. (2) If the Office of Driver Services amends the gender information contained within a person's driver's license or identification card record under subdivision (d)(1) of this section, the Office of Driver Services shall notify the person in writing via first class United States mail.
(e) A driver's license or identification card that has been amended under this part shall contain the person's amended gender information upon the:
1. (1) Renewal of the driver's license or identification card; or
2. (2) Issuance of a duplicate driver's license or identification card.