1 CCR 204-13 – RULES FOR PROOF OF IDENTITY, AGE, AND LAWFUL PRESENCE IN THE APPLICATION FOR DRIVER'S LICENSE OR IDENTIFICATION CARD (Recodified as 1 CCR 204-30 Rule 6)

DEPARTMENT OF REVENUE Division of Motor Vehicles – Driver License Section RULES FOR PROOF OF IDENTITY, AGE, RESIDENCY AND LAWFUL PRESENCE IN THE APPLICATION FOR DRIVER LICENSE OR IDENTITY CARD.

1 CCR 204-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

1.0 Definitions

1.1 Age - The length of time in full years since a person’s date of birth. [Emer. Rule eff. 5/28/2007] 1.2 Applicant - Any natural person applying to the Department for a License or Identification Card pursuant to §42-2-107,302, and 305 and §24-72.1-103, C.R.S. [Emer. Rule eff. 5/28/2007] 1.3 Department - The Colorado Department of Revenue. [Emer. Rule eff. 5/28/2007] 1.4 Document - An original document certified by the issuing agency, an amended original document certified by the issuing agency or a true copy certified by the issuing agency, excluding miniature, wallet sized or photo copy documents. [Emer. Rule eff. 5/28/2007] 1.5 Exception Process - Review of documentary evidence presented by an applicant when it appears that the applicant cannot provide the documents otherwise required to prove his/her age, identity, lawful presence in the United States, and residency. [Emer. Rule eff. 5/28/2007] 1.6 Guidelines - Non-binding guidance provided to Department employees and the public advising them which Documents meet the statutory and regulatory requirements of proof of any or all of the Required Elements, based on information the Department may receive from time-to-time regarding the security and reliability of various types of Documents, as discussed in Section 2.2.5 below. [Emer. Rule eff. 5/28/2007]

1.7 Identity - Full legal name of the Applicant. [Emer. Rule eff. 5/28/2007]

1.8 Lawful Presence - Demonstration of Citizenship in the U.S. or the lawful entry of an alien into the United States for an authorized period of time after inspection and authorization by an immigration officer. [Emer. Rule eff. 5/28/2007] 1.9 License - A Driver’s License, Commercial Driver’s License, Minor Driver’s License, or Instruction Permit. [Emer. Rule eff. 5/28/2007] 1.10 Hearing - Hearing before a Department administrative hearing officer. [Emer. Rule eff. 5/28/2007] 1.11 Incomplete Application - any application for License or Identification Card submitted with insufficient proof of identity, age, residency or lawful presence as required by these rules. [Emer.

1.12 Notice of Denial - Notice of formal denial of application for a License or Identification Card. [Emer.

1.13 Notice of Incomplete Application - Written notice of the documents provided and the documents required to complete an application for a License or Identification Card. [Emer. Rule eff.

1.14 Resident - Any person that permanently resides within the State of Colorado. [Emer. Rule eff.

1.15 Required Element - Any of the facts required by statute to be proved by any applicant for a License or Identification Card, which are Age, Identity, Residency, and Lawful Presence. [Emer.

2.0 Proof of Identity, Age, Residency and Lawful Presence

2.1 Pursuant to §42-2-107(2) and §42-2-302 (2) C.R.S., every application shall state the full name, date of birth, gender, and residence address of the applicant for a Colorado driver’s license or identification card. [Emer. Rule eff. 5/28/2007] 2.2 An Applicant must provide Documents that are sufficiently secure and reliable to constitute proof of each of the Required Elements. [Emer. Rule eff. 5/28/2007] 2.2.1 A Document shall be deemed proof of Identity only if it is issued in accordance with §24- 72.1-103. [Emer. Rule eff. 5/28/2007] 2.2.2 A Document shall be deemed proof of age only if it is issued in accordance with §24-72.1- 103 and contains information sufficient to establish the actual birth date of the bearer. [Emer. Rule eff. 5/28/2007] 2.2.3 A Document shall be deemed proof of Residency only if it contains information sufficient to establish that the Applicant actually resides at a permanent street address in Colorado. [Emer. Rule eff. 5/28/2007] 2.2.4 A Document shall be deemed proof of Lawful Presence only if it is issued in accordance with §24-72.1-103, and contains sufficient evidence to assure the Department that the Applicant is in compliance with federal immigration law. [Emer. Rule eff. 5/28/2007] 2.2.5 The Executive Director of the Department shall provide specific guidance to offices processing applications in the form of a non-exclusive list of those documents that meet this statutorily-required “proof” of a Required Element. To the extent possible, the Department shall make these guidelines available to the public through handouts at DMV offices and posting at www.mv.state.co.us. [Emer. Rule eff. 5/28/2007] The guidelines will be used by those processing applications, but are not binding on applicants. Any applicant who believes he or she has provided sufficient documentation to prove the Required Elements, but whose application has been rejected, may contest the decision through the process described in Section 4 below. [Emer. Rule eff.

2.3 Documents that are verifiable by the issuing agency may serve as proof of a Required Element. Certain non-verifiable documents may also be provided by Applicants, but must be used in conjunction with a verifiable document in order to constitute proof of a Required Element. The Department will, whenever possible, make available to the public a list of those documents that are verifiable and those that may require supplemental documentation. [Emer. Rule eff.

3.0 Process for Complete Application

3.1 When an Applicant has completed the required application and provided the required proof of the Required Elements, the application will be printed and the Applicant will be asked to review and verify the information on the application by signing a “signature capture device” and then to give a fingerprint and photograph. The printed signed application will serve as the temporary document. The permanent document will be mailed to the applicant. [Emer. Rule eff. 5/28/2007]

4.0 Process for Incomplete Application

4.1. If an Application is incomplete or the Applicant has failed to provide sufficient documentary proof of the Required Elements, the Department shall serve the Applicant with a Notice of Incomplete Application in accordance with these rules. [Emer. Rule eff. 5/28/2007] 4.2 The Notice of Incomplete Application shall include a notation of the reason for the Decision that the Application is incomplete. [Emer. Rule eff. 5/28/2007] 4.3 The Applicant shall have the opportunity to acquire the additional documentation identified as necessary on the Notice of Incomplete Application and to return to the Department with the required additional documentation prior to being denied a License or Identification Card. [Emer.

4.4 If, upon return to the Department, the Applicant fails to provide the additional documentation identified on the Notice of Incomplete Application, the Department shall serve the Applicant with a Notice of Denial. [Emer. Rule eff. 5/28/2007] 4.5 An Applicant who has been served with a Notice of Denial may have a hearing on the merits of the denial by making written request for hearing to the Hearings Division of the Department at 1881 Pierce St. #106, Lakewood, CO 80214. The Hearings Division will hold the hearing in accordance the provisions of the State Administrative Procedure Act and the provisions of Title 42 of the Colorado Revised Statutes. [Emer. Rule eff. 5/28/2007] 4.6 The only issue at hearing shall be whether the documentation provided by Applicant in support of the application for License or Identification Card is sufficient under the statute and these rules. If the hearing officer finds that the documentation is insufficient, then the denial shall be sustained until such time as the Applicant provides sufficient documentation as set forth in these rules. If the hearing officer finds that the documentation is sufficient, then the denial shall be rescinded and the Department shall issue the License or Identification Card based on the existing documentation. [Emer. Rule eff. 5/28/2007]

5.0 Exceptions Processing [Emer. Rule eff. 5/28/2007]

5.1 An Applicant may attempt to obtain a Colorado License or Identification card through Exceptions Processing at the outset of the application process (if the Applicant has reason to believe that he or she will be unable to adequate documentation) or after being issues a Notice of Incomplete Application. [Emer. Rule eff. 5/28/2007] 5.2 When it appears that the Applicant cannot provide the Documents otherwise required to prove the Applicant’s Age, Identity, Residency, and Lawful Presence, the Applicant shall be referred to the Motor Vehicle Investigations Unit for Exceptions Processing. A branch manager in consultation with an Investigator will review all available documentation to determine whether the Applicant’s Identity, Age, Lawful Presence, and Residency can be established by a combination of reasonably reliable Documents, which shall include any of the Documents listed in section 2.3 and/or: [Emer. Rule eff. 5/28/2007] 5.2.1 A Colorado License or Identification Card that that expired more than twelve months ago. [Emer. Rule eff. 5/28/2007] 5.2.2 A certificate of citizenship issued by the United States Department of Interior. [Emer. Rule

eff. 5/28/2007]

5.2.3 Valid I-94 with Refugee or Asylee status that does not contain a photograph and that is verified using SAVE. [Emer. Rule eff. 5/28/2007] 5.2.4 A Veteran’s Administration Card that bears a photograph of the Applicant that was taken within the last twenty years. [Emer. Rule eff. 5/28/2007] 5.2.5 DD-214 that does not include the “not to be used for ID” disclaimer. [Emer. Rule eff.

5.2.6 Signed Selective Service Card. [Emer. Rule eff. 5/28/2007]

5.2.7 Certified Birth Certificate of the Applicant’s child. [Emer. Rule eff. 5/28/2007] 5.2.8 Sworn affidavit of witnesses, presented in person, and signed in the presence of a department employee. The witness must also provide a valid driver’s license or state issued identification card for verification purposes at the time the sworn affidavit is completed. [Emer. Rule eff. 5/28/2007] 5.2.9 Any other document which may serve to provide evidence of the applicant’s name, age or lawful presence in the United States, including expired documents, court documents, religious records, early school records, hospital records, municipal records, insurance records, and photocopies of documents. [Emer. Rule eff. 5/28/2007] 5.3 If, after a review of the documents and other evidence gathered during the course of the Exceptions Processing, the Identity, Age, and Lawful Presence of the Applicant can be determined by a preponderance of the evidence, then the Applicant shall be issued a Colorado License or Identification Card, if the Applicant is otherwise qualified to be issued such a Colorado License or Identification Card. [Emer. Rule eff. 5/28/2007] 5.4 If, after a review of the documents and other evidence gathered during the course of the Exceptions Processing, the Identity, Age, and Lawful Presence of the Applicant cannot be determined by a preponderance of the evidence, then the Applicant shall be issued a Notice of Denial, and is, thereby, eligible to request a hearing with the Motor Vehicle Hearings, as set forth in sections 4.5 and 4.6. [Emer. Rule eff. 5/28/2007] _____________________________________________________ Editor’s Notes History Emer. Entire Rule eff. 5/28/2007.