1 CCR 204-30-1 - RULES FOR APPLICATION FOR A COLORADO ROAD AND COMMUNITY SAFETY ACT IDENTIFICATION DOCUMENTS SECTION 42-2-501, C.R.S.
Purpose
The purpose of this rule is to set forth regulations for application and issuance of driver's licenses, minor driver's licenses, instruction permits and Identification Cards for individuals who cannot demonstrate lawful presence in the United States and for individuals who can demonstrate Temporary Lawful Presence in the United States. These regulations establish the source documents that are acceptable to establish Identity, date of birth, Colorado residency, and, as applicable, Temporary Lawful Presence.
Statutory Authority
The statutory bases for this regulation are sections 24-4-103, 24-72.1-103, 42-1-204, C.R.S. and Title 42, Article 2, Parts 1, 2, 3, and 5.
Incorporation By Reference Of Federal Law
The Department incorporates by reference as part of Rule 1 of
the Department of Revenue Regulations, the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996,
Pub. L.
A copy of such Act is available for a reasonable charge from the Colorado Department of Revenue, 1881 Pierce Street, Lakewood, Colorado 80214. A copy of such Act is maintained by the Colorado Department of Revenue and may be inspected by contacting the Driver License Office Manager at the Colorado Department of Revenue, 1881 Pierce Street, Lakewood, Colorado 80214 during normal business hours. The incorporated material may also be examined at any state publications depository library. A copy, including a certified copy, of such Act is also available from the United States Citizenship and Immigration Services ("USCIS") Historical Reference Library at 111 Massachusetts Avenue NW, First Floor (MS2180), Washington, DC 20529-2180.
(100)
Definitions
a) Applicant- Any
natural person applying to the Department for a Colorado Identification
Document who can demonstrate Temporary Lawful Presence in the U.S., or who
cannot demonstrate lawful presence in the U.S.
b) CO-RCSA- The Colorado Road and Community
Safety Act, part 5 of Title 42 C.R.S.
c) Department- The Colorado Department of
Revenue.
d) 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 photocopies of
documents.
e) Exceptions
Processing- The procedure the Department has established for persons who are
unable, for reasons beyond their control, to present all necessary Documents
and must rely on alternative Documents to establish Identity or date of
birth.
f) Full Legal Name- The
Applicant's first name, middle name(s), and last name or surname, without use
of initials or nicknames.
g)
Hearing- Hearing before a Department Administrative Hearing Officer.
h) Identification Card- A Document issued by
a Department of Motor Vehicles or its equivalent that contains the Applicant's
Full Legal Name, full facial digital photograph, date of birth, and sex, but
does not confer upon the bearer the right to operate a motor vehicle.
i) Identification Document- Has the same
meaning as defined in C.R.S.
42-2-503(1).
j) Identity-The verifiable characteristics
that when taken together make a person unique and identifiable. Evidence of
Identity includes proof of Full Legal Name, date of birth, and physical
characteristics, including a verifiable photograph.
k) Incomplete Application- An application for
a CO-RCSA Identification Document that does not satisfy state requirements for
the issuance of a CO-RCSA Identification Document.
l) Individual Taxpayer Identification Number
(ITIN)- A tax processing number issued by the Internal Revenue Service (IRS) as
shown on an ITIN card issued by the IRS, on a letter from the IRS, or on a
certified state tax return.
m)
Temporary Lawful Presence- The status of a person whose authority to lawfully
remain in the United States is temporary and who qualifies for a CO-RCSA
Identification Document.
n) SSA-
The U.S. Social Security Administration.
o) SSN- The Social Security Number issued by
SSA.
p) SSOLV- The Social Security
Online Verification system managed by SSA.
(200)
Qualifications for CO-RCSA
Identification Documents
a) Pursuant to
section 42-2-506, C.R.S., individuals
claiming Temporary Lawful Presence in the United States who apply for an
Identification Document, must:
1. Provide
Documents that demonstrate the Applicant's Identity:
i. A foreign passport bearing a photograph of
the Applicant, valid or expired less than 10 years;
ii. An Employment Authorization Document
(EAD, Form I-766), valid or expired less than 10 years;
iii. A Colorado Identification Document,
valid or expired less than 10 years;
iv. A driver license, instruction permit, or
identification card issued by a state or territory of the United States, valid
or expired less than 10 years; or
v.
A consular identification card, valid or expired less than 10 years.
2. Provide valid documentary
evidence of Temporary Lawful Presence:
i.
Unexpired foreign passport with unexpired I-94 showing class of
admission;
ii. Unexpired Employment
Authorization Document (EAD, Form I-766);
A.
Expired Employment Authorization Document (EAD, Form I-766) automatically
extended due to a Temporary Protected Stay;
iii. Expired Employment Authorization
Document (EAD, Form I-766) with I-797C Notice of Action demonstrating receipt
of an Application for Employment Authorization, evidencing an applicable
unexpired automatic extension issued within 5 years of the date of application;
iv. I-797C Notice of Action
demonstrating receipt of an Application to Register Permanent Residence or
Adjust Status issued within 5 years of the date of application;
v. I-797C Notice of Action demonstrating
receipt of an Application for Asylum issued within 5 years of the date of
application;
vi. I-797C Notice of
Action demonstrating receipt of an Application for or Grant of Temporary
Protected Status issued within 5 years of the date of application;
vii. I-797C Notice of Action demonstrating
receipt of an application for change or extension of status issued within 2
years of the date of application; or
viii. An I-797C listed above, dated outside
of the specified timeframe, with written evidence from the U.S. Citizenship and
Immigration Services that the application is still pending.
3. Present proof of current
residential address in Colorado.
i. To
document the address of principal residence in Colorado, an Applicant must
present at least one article of documentation that includes the Applicant's
name and address of principal residence. Examples include, but are not limited
to: utility bill, credit card statements, pay stub or earnings statement, rent
receipt, telephone bill, or bank statement.
b) Pursuant to section
42-2-505, C.R.S., Applicants who
apply for an Identification Document, who cannot demonstrate lawful presence in
the United States, must:
1. Demonstrate
Colorado residency in either of the following two ways:
i. Sign a DR 2212 CO-RCSA Affidavit that
states that the Applicant is currently a resident of Colorado, and present a
certified proof of Colorado income tax return filing (from the Department) for
the immediately preceding year; or
ii. Sign a DR 2212 CO-RCSA Affidavit that the
Applicant has continuously been a resident in Colorado for the immediately
preceding 24 months, and present evidence of such residence in Colorado by
providing:
A. In order to prove that the
Applicant has continuously resided in Colorado for the immediately preceding 24
months, the Applicant must present three articles of documentation
demonstrating: one for current residency (date on the documentation must not be
older than 12 months from date of application), one for residency from one year
prior (date on the documentation must be later than 12 months, but not later
than 23 months prior to the date of application), and one for residency from
two years prior (date on the documentation must be later than 23 months, but
not later than 30 months prior to the date of application).
2. Present proof of
current residential address in Colorado.
i. To
document the address of principal residence in Colorado, an Applicant must
present at least one article of documentation that includes the Applicant's
name and address of principal residence. Examples include, but are not limited
to: utility bill, credit card statements, pay stub or earnings statement, rent
receipt, telephone bill, or bank statement.
3. Provide the Applicant's SSN or provide
documentation of the Applicant's ITIN as specified in Section 100(l).
i. An SSN may be added to an Applicant's
record only by appearing in person.
ii. An Applicant's SSN shall be verified with
the SSOLV.
4. Sign a DR
2212 CO-RCSA Affidavit affirming that the Applicant has applied to be lawfully
present within the U.S., or will apply to be lawfully present as soon as the
Applicant is eligible.
5. Provide
documentation of the Applicant's Identity and date of birth by presenting one
of the following Documents, translated into English, from the Applicant's
country of origin:
i. A passport;
ii. A consular identification card;
or
iii. A military identification
document.
6. The
Documents in Section 200(b)(5) must contain: the Applicant's full legal name;
the Applicant's date of birth; the date the Document was issued; the name of
the country that issued the Document; and a full facial photograph of the
Applicant.
7. The Documents listed
in Section 200(b)(5) above will be accepted for 10 years after the expiration
date listed on the Document. Documents without an expiration date will be
accepted for 10 years from their issuance date.
8. Applicants shall sign their name, under
penalty of perjury, on all required affidavits and Documents in the presence of
a Department employee.
c) Applicants may use an interpreter during
their application process. The use of an interpreter will be arranged for by
the Applicant and any costs associated with the use of an interpreter will be
the responsibility of the Applicant.
d) Applicants may use an interpreter for the
written test for a driver's license, minor's driver's license, or instruction
permit.
1. All interpreters for Applicants
applying for a CO-RCSA driver's license, minor driver's license, or instruction
permit must be at least 16 years old and show an unexpired driver's license or
Identification Card from any state in the United States or any Document
provided in Section 200 (b)(5).
e) A Colorado street address must be
displayed on the Identification Document except as provided below:
1. An alternative address may be displayed
for individuals for whom a State law, regulation, or DMV procedure permits
display of an alternative address.
2. An alternative address may be displayed
for individuals who satisfy any of the following:
i. If the individual is enrolled in the
Colorado Address Confidentiality Program, which allows victims of domestic
violence, dating violence, sexual assault, stalking, or a severe form of
trafficking, to keep, obtain and use alternative addresses, and provides that
the address of such person must be kept confidential; or
ii. If the individual is entitled to have
their address suppressed under state or federal law or suppressed by a court
order including an administrative order issued by a State or Federal court; or
iii. If the individual is
protected from disclosure of information pursuant to section 384 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
3. In areas where a number and
street name has not been assigned for U.S. mail delivery, an address convention
used by the U.S. Postal Service is acceptable.
(300)
Process for Translation
a) All Documents provided to the Department
by the Applicant shall be in English or have been translated into
English.
b) The original and
corresponding translated Documents shall be presented together at the time of
application.
c) All translated
Documents must have the following included at the end (must be typed or
electronically printed on the same page as the translation, not on separate
pieces of paper or the translation will not be accepted by the Department):
1. An attestation that states: "I, [insert
translator's full name], affirm that the foregoing is a complete and accurate
translation from [insert foreign language] to the English language to the best
of my ability. I further affirm that I am fully competent to translate from
[insert foreign language] to the English language and that I am proficient in
both languages;" and
2. The number
and state of issuance of the translator's unexpired driver's license,
instruction permit, or Identification Card.
d) All translated Documents and information
required by Section 300(c) shall be included in the Applicant's permanent motor
vehicle record.
e) Applicants are
responsible for all costs of translation.
(400)
Fee Structure
a) For those who cannot demonstrate lawful
presence, the fee for a CO-RCSA driver's license or a minor driver's license is
$33.00, which includes an additional fee to cover direct and indirect costs.
The cost for a CO-RCSA instruction permit is $21.00, which includes an
additional fee to cover direct and indirect costs. The cost for a CO-RCSA
Identification Card is $13.00, which includes an additional fee to cover direct
and indirect costs.
b) As of July
1, 2020, the following fee increases were effective for those that can
demonstrate Temporary Lawful Presence:
1. For
those who can demonstrate Temporary Lawful Presence, the cost for a CO-RCSA
driver's license or minor driver's license under section
42-2-506, C.R.S. is
$30.87.
2. For those who can
demonstrate Temporary Lawful Presence, the cost for a CO-RCSA instruction
permit is $18.52. The cost for a CO-RCSA Identification Card is
$12.67.
(500)
Qualifications for Renewal
a)
CO-RCSA Identification Documents will expire three years after the date of
issuance except as provided below:
1. A
driver's license issued to an Applicant under 21 will expire three years after
the date of issuance or 20 days after the 21st birthday of the Applicant
(whichever comes first).
2. An
Identification Card or instruction permit issued to an Applicant under 21 will
expire three years after the date of issuance or on the 21st birthday of the
Applicant (whichever comes first).
b) Applicants may apply in person, by mail,
or electronically in accordance with C.R.S.
42-2-118 or
42-2-304 to renew a CO-RCSA
Identification Documents.
1. Applicants over
the age of 21 can renew Identification Documents electronically.
2. Renewals by mail and electronic renewals
will not be processed with an out of state mailing address.
c) An Applicant seeking to renew
an Identification Document is required to present the same documentation as
required under Section 200 of this rule, except that an applicant who cannot
demonstrate lawful presence may present a Colorado Identification Document
expired less than one year instead of the Identity documentation required by
Section 200(b)(5) and is not required to present proof of ITIN or SSN if proof
was provided at time of issuance of a previous Identification
Document.
(600)
Qualifications for Issuance of a Duplicate Credential
a) Applicants may apply for a duplicate of an
existing CO-RCSA Instruction Permit or Driver's License as provided below:
1. Applicants must appear in person and
certify, under penalty of perjury, that the previous credential was lost,
stolen, or destroyed by completing the "Request for Duplicate Instruction
Permit/Driver License" (DR2989) form provided by the Department.
2. Eligible Applicants may submit an
electronic application, on which the Applicant must certify, under penalty of
perjury, that the previous credential was lost, stolen, or destroyed.
3. Applicants must present proof Documents as
required in Section 200 above except that proof of ITIN is not required if
proof of ITIN was provided for issuance of a previous Identification
Document.
4. A duplicate will not
be issued to an Applicant with a lawful presence status that has changed since
issuance of the previous credential. A change of lawful presence status
requires renewal.
(700)
Electronic Applications
a) The Department may accept electronic
applications for services provided electronically.
b) The Department may accept an application
electronically if the Applicant's fingerprint was captured as part of a
previous application.
c) The
Department may accept an application electronically if a signature was captured
as part of a previous application and if the Applicant verifies the information
on the application.
(800)
Process for Complete
Application
a) When an Applicant has
completed the required application and established the standards set forth in
this rule, the Applicant will be required to review and verify the information
on the application by signing a "signature capture device," a fingerprint will
be captured, and a photograph of the Applicant will be taken. A temporary
CO-RCSA Identification Document will be issued. The permanent CO-RCSA
Identification Document will be mailed to the Applicant at the address provided
on the Applicant's application.
(900)
Process for Incomplete
Application
a) If an application is
incomplete or the Applicant has failed to provide Documents verifiable by the
Department for Identity, date of birth, residency, and, as applicable,
Temporary Lawful Presence, the Department shall provide a Notice of Incomplete
Application unless the Department provides a Notice of Denial per Section 1000
below.
b) The Notice of Incomplete
Application shall include a notation of the information that is incomplete, or
of the documentation that is unverifiable. If the authenticity of a Document
cannot be verified, then an application may be considered incomplete and
additional documentation may be required, or the Applicant may be referred to
Exceptions Processing. An Applicant may return to the Department with the
required additional documentation prior to being denied an Identification
Document.
(1000)
Denial of Application
a) If an
application is incomplete or the Applicant has failed to provide Documents
verifiable by the Department for Identity, date of birth, residency, and, as
applicable, Temporary Lawful Presence, the Department shall provide a Notice of
Denial.
b) Nothing in this
regulation shall be construed to prevent the Department from denying an
application on the basis that an Applicant has presented Documents that are
fraudulent or that are not verifiable.
c) Nothing in this regulation restricts or
prohibits the Department from verifying any Document presented by an
Applicant.
d) An application shall
be denied if the Applicant presents fraudulent or altered Documents or commits
any other fraud in the application process.
(1100)
Hearing and Final Agency
Action
a) An Applicant who has
received a Notice of Denial may, within 60 days of the date of the Notice of
Denial, request a hearing on the denial by filing a written request for hearing
with the Hearings Section of the Department at 1881 Pierce St. Entrance B,
#112, Lakewood, CO 80214.
b)
Hearings shall be held in accordance with the provisions of the State
Administrative Procedure Act, and the provisions of Title 42 of the Colorado
Revised Statutes.
c) The only issue
at a hearing shall be whether the Applicant has satisfied federal and state
requirements for the issuance of an Identification Document.
d) The hearing officer shall issue a written
decision. If the hearing officer finds that the Applicant has not satisfied
federal and state requirements for the issuance of an Identification Document,
then the denial shall be sustained. If the hearing officer finds that the
Applicant has satisfied requirements for the issuance of an Identification
Document, then the denial shall be rescinded and the Department shall issue an
Identification Document.
e) The
decision by the hearing officer shall constitute final agency action, and is
subject to judicial review as provided by section
24-4-106, C.R.S.
Notes
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