1 CCR 204-30-16 - RULES FOR EXCEPTIONS PROCESSING
Purpose
The purpose of this rule is to set forth regulations for an Exceptions Process and identify the alternative documents the Department will accept. Exceptions Processing is the procedure the Department has established for persons who are unable, for reasons beyond their control, to present all the necessary documents required for a Colorado or Colorado Road and Community Safety Act Driver's License or Identification Card and must rely on alternative documents. For Applicants who are U.S. citizens, Exceptions Processing allows for alternative documents to be presented that establish Identity, date of birth and U.S. citizenship. For Applicants who cannot demonstrate lawful presence or for Applicants who can demonstrate temporary or permanent lawful presence, Exceptions Processing allows for alternative documents to be presented that establish Identity and date of birth. For Applicants who do not have an established residence, Exceptions Processing allows for an alternative to establish residency.
Statutory Authority
The statutory bases for this regulation are sections 13-15-101(5) (a), 24-4-103, 24 -72.1102(5), 42-1-204, 42-1-230, 42-2-107, 42-2-136, 42-2-302, and 42-2-501, et seq., C.R.S. This regulation applies to documents issued under Title 42, Article 2, Parts 1, 2, 3, and 5.
1.0
Definitions
1.1
Applicant - Any natural person applying to the Department for a Colorado
Driver's License, Identification Card or a Colorado Road and Community Safety
Act Identification Document.
1.2
Asylee - A person approved by the United States Citizenship and Immigration
Services or the Executive Office for Immigration Review for asylum
status.
1.3 CO-RCSA - The Colorado
Road and Community Safety Act, part 5 of article 42 C.R.S.
1.4 Department - The Colorado Department of
Revenue.
1.5 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.
1.6 Driver's License - A
driver's license, minor driver's license, or instruction permit.
1.7 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, date of birth or U.S. citizenship.
1.8 Full Legal Name - The Applicant's first
name, middle name(s), last name or surname, without use of initials or
nicknames.
1.9 Hearing - Hearing
before a Department Administrative Hearing Officer.
1.10 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.
1.11 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, and must include a verifiable photograph
unless approved through Exceptions Processing.
1.12 Incomplete Application - An application
that does not satisfy all the federal and state requirements for issuance of a
Colorado Driver's License, Identification Card or a CO-RCSA Identification
Document resulting in a Notice of Incomplete Application.
1.13 Minor Spelling Inconsistencies - Slight
variations in the spelling of a full legal name such that the variations are
similar in appearance or produce a phonetically similar or identical sound as
pronounced.
1.14 Permanent Lawful
Presence - The status of a person who is a citizen or national of the United
States, a lawful permanent resident, a conditional lawful permanent resident,
an asylee, or a refugee.
1.15
Refugee - A person who is approved by the Department of State for Refugee
status.
1.16 SSA - The United
States Social Security Administration
1.17 SSN - The Social Security Number issued
by SSA.
1.18 SSOLV - The Social
Security Online Verification system managed by SSA.
1.19 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.
2.0
Exceptions Processing
Procedures
2.1 An Applicant
who has applied for a Driver's License, Identification Card or CO-RCSA
Identification Document and was unable to provide the required Documents may
request Exceptions Processing after being issued a Notice of Incomplete
Application.
2.2 For Applicants who
are U.S. citizens, Exceptions Processing shall only be used to establish
Identity, date of birth and U.S. citizenship.
2.3 For Applicants who are not a citizen or
national of the United States and Applicants who are applying for an
Identification Document pursuant to CO-RCSA, Exceptions Processing shall only
be used to establish Identity and date of birth.
2.4 If an Applicant submits any source
Document that reflects a name differing from the Applicant's Full Legal Name
(for example through marriage, adoption, court order or other mechanism
permitted by state law or regulation), the Department shall require evidence of
the name change through the presentation of Documents issued by a court,
governmental body, or other entity as determined by the Department.
2.5 The Department may resolve Minor Spelling
Inconsistencies in, or slight misspellings of, a full legal name through
Exceptions Processing if the totality of the evidence gathered demonstrates the
Applicant's Identity and the resolution is not contrary to the public
interest.
2.6 If the totality of
evidence gathered through Exceptions Processing establishes the Applicant's
Identity, date of birth, and U.S. citizenship (where applicable), the Applicant
may be issued a Colorado Driver's License, Identification Card, or CO-RCSA
Identification Document.
2.7 If the
totality of evidence gathered through Exceptions Processing does not establish
the Applicant's Identity, date of birth, and U.S. citizenship (where
applicable), the Applicant shall be issued a Notice of Denial and thereafter
may request a Hearing with the Hearings Section of the Department.
2.8 For Applicants who do not have an
established residence, proof of residency Documents are waived if an Applicant
provides a letter on letterhead, signed by an authorized staff member of a
homeless shelter, certifying that the individual is homeless and is registered
at the shelter.
3.0
Exceptions Processing to Establish Identity and Date of Birth for U.S.
citizens.
3.1 The following
Documents or combination of Documents may be used to establish an Applicant's
Identity and date of birth:
3.1.1 A U.S.
Passport expired no more than 10 years.
3.1.2 A Driver's License or Identification
Card issued by any state, including a state that does not require proof of
lawful presence to obtain such Document, that either has not expired or that
expired within the last 10 years.
3.1.3 A military identification card or
common access card expired no more than 10 years issued by the U.S. Department
of Defense that bears a photograph of the Applicant. Such identification cards
include active duty, retiree, National Guard, and dependent identification
cards.
3.1.4 A life, health, or
other insurance record that bears the Applicant's full legal name, date of
birth, and place of birth.
3.1.5 An
identification card issued within the last 20 years by the Bureau of Indian
Affairs or by a federally recognized Native American Tribe, and verified by the
issuing authority, that bears a photograph of the Applicant, provided the first
and last name and date of birth match the first and last name and date of birth
on the Document presented by the Applicant.
3.1.6 A Veteran's Administration card that
bears a photograph of the Applicant and was issued within the last 20
years.
3.1.7 An identity card
issued by the Federal Bureau of Prisons or any State Department of Corrections,
verified by the issuing authority, provided the first and last name and date of
birth match the first and last name and date of birth on the Document presented
by the Applicant.
3.1.8 A valid
individual Colorado or federal U.S. income tax return, with an Applicant's copy
of an Internal Revenue Service form W-2 or 1099. Validity shall be determined
using the SSOLV system. If the SSN on the Document provided is not validated by
the SSOLV system, then the Document shall be deemed invalid.
3.1.9 An Affidavit of Identity that includes
the name or names by which the Applicant is known.
3.1.9.1 The affiant must present the
affidavit in person, provide identification, and sign the affidavit in the
presence of a Department employee.
3.1.9.2 The affiant must be an employee of a
government or non-profit agency registered by the Department with proof of
agency affiliation.
3.1.9.3 The
Affidavit of Identity shall be used only for Applicants who can demonstrate
U.S. Citizenship.
3.1.10
Any Document that is secure and verifiable pursuant to section
24-72.1-102(5),
C.R.S., as determined by the Department, and which establishes evidence of the
Applicant's Identity or date of birth.
4.0
Exceptions Processing for U.S.
Citizens Using Alternative Documents to Establish U.S.
Citizenship.
4.1 An
Applicant may use alternative Documents to establish U.S.
citizenship.
4.2 The following
Documents or combination of Documents may be accepted in support of an
Applicant seeking to establish U.S. citizenship:
4.2.1 A certified Order of Adoption of the
Applicant bearing the seal or certification of the court of any state,
political subdivision, or territory of the United States, or a certified Order
of Adoption of that Applicant bearing the seal or certification of the court
where a valid adoption took place abroad, so long as the same adoption was the
basis of the Applicant's admission into the United States as a legal permanent
resident. Any adoption decree must include the date and location of the
adoptee's birth.
4.2.2 A U.S.
passport expired no more than 10 years.
4.2.3 A hospital birth record that includes
the name and date of birth.
4.2.4
Any secure and verifiable Document, that serves to provide evidence of the
Applicant's U.S. citizenship.
5.0
Exceptions Processing to Establish
Identity and Date of Birth for Non-Citizens with Permanent Lawful
Presence.
5.1 The following
Documents or combination of Documents may be used to establish an Applicant's
Identity and/or date of birth:
5.1.1 A
Driver's License or Identification Card issued by any state, including a state
that does not require proof of lawful presence to obtain such Document, that
either has not expired or that expired within the last 10 years.
5.1.2 A military identification card or
common access card expired no more than 10 years issued by the U.S. Department
of Defense that bears a photograph of the Applicant. Such identification cards
include active duty, retiree, National Guard, and dependent identification
cards.
5.1.3 A life, health, or
other insurance record that bears the Applicant's full legal name, date of
birth, and place of birth.
5.1.4 A
Veteran's Administration card that bears a photograph of the Applicant and was
issued within the last 20 years.
5.1.5 An identity card issued by the Federal
Bureau of Prisons or any State Department of Corrections, provided the first
and last name and date of birth match the first and last name and date of birth
on the Document presented by the Applicant.
5.1.6 A valid individual Colorado or federal
income tax return, with an Applicant's copy of an Internal Revenue Service form
W-2 or 1099. Validity shall be determined using the SSOLV system. If the SSN on
the Document provided is not validated by the SSOLV system, then the Document
shall be deemed invalid.
5.1.7 A
DHS certified photocopy of a foreign passport.
5.1.8 A U.S. Department of State or
Department of Homeland Security travel authorization document with
photograph.
5.1.9 Any Document that
is secure and verifiable pursuant to section 24-72-1 -102(5), C.R.S., as
determined by the Department, which establishes evidence of the Applicant's
Identity or date of birth.
6.0
Exceptions Processing to Establish
Identity and Date of Birth for Non-Citizens Who Cannot Demonstrate Lawful
Presence or Non-Citizens Who Can Demonstrate Temporary Lawful
Presence.
6.1 The following
Documents or combination of Documents may be used by an Applicant to establish
Identity and/or date of birth
6.1.1 A Driver's
License or Identification Card issued by any state, including a state that does
not require proof of lawful presence to obtain such Document, that has not
expired or that has expired within the last ten years.
6.1.2 A military identification card or
common access card issued by the U.S. Department of Defense that contains a
photograph of the Applicant that has expired within the previous 10 years. Such
identification cards include active duty, retiree, National Guard, and
dependent identification cards.
6.1.3 A Veteran's Administration card issued
within the last 20 years that bears a photograph of the Applicant.
6.1.4 An identification card issued by the
Federal Bureau of Prisons or any State Department of Corrections provided that
the first and last name and date of birth match the first and last name and
date of birth on the Document presented by the Applicant.
6.1.5 A life, health, or other insurance
record that bears the Applicant's name, date of birth, and place of
birth.
6.1.6 A DHS certified
photocopy of a foreign passport.
6.1.7 A U.S. Department of State or
Department of Homeland Security travel authorization document with
photograph.
6.1.8 Any other
Document that is secure and verifiable pursuant to section
24-72.1-102(5),
C.R.S., which serves to provide evidence of the Applicant's identity or date of
birth as determined by the Department.
7.0
Process for
Translation
7.1 All
Documents provided to the Department by the Applicant shall be in English or
have been translated into English.
7.2 The original and corresponding translated
Documents shall be presented together at the time of application.
7.3 All documents translated 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):
7.3.1 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
7.3.2 The
number and state of issuance of the translator's unexpired Driver's License,
Identification Card or CO-RCSA identification Document.
7.4 All translated Documents and information
required by rule 8.3 shall be included in the Applicant's permanent motor
vehicle record.
7.5 Applicants are
responsible for all costs of translation.
8.0
Denial of
Application
8.1 If an
application is incomplete or the Applicant has failed to provide Documents
verifiable by the Department for Identity, date of birth or U.S. citizenship,
the Department may provide a Notice of Denial.
8.2 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
secure and verifiable.
8.3 Nothing
in this regulation restricts or prohibits the Department from verifying any
Documents presented by an Applicant.
8.4 An application may be denied or canceled
if the Applicant presents fraudulent or altered Documents or commits any other
fraud in the application process. If the authenticity of a Document cannot be
verified, then the application may be considered incomplete and additional
documentation may be required.
9.0
Hearing and Final Agency Action
9.1 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.
9.2 Hearings shall be held
in accordance with the provisions of the State Administrative Procedure Act and
the provisions of Title 42 of Colorado Revised Statutes.
9.3 The only issue at Hearing shall be
whether the Applicant has satisfied federal and state requirements for the
issuance of a Colorado Driver's License, Identification Card, or CO-RCSA
Identification Document.
9.4 The
hearing officer shall issue a written decision. If the hearing officer finds
that the Applicant has not satisfied state and federal requirements for the
issuance of a Colorado Driver's License, Identification Card, or CO-RCSA
Identification Document, then the denial shall be sustained. If the hearing
officer finds that Applicant has satisfied state and federal requirements for
the issuance of a Colorado Driver's License, Identification Card, or CO-RCSA
Identification Document, then the denial shall be rescinded and the Department
shall issue a Colorado Driver's License, Identification Card, or CO-RCSA
Identification Document.
9.5 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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