DEPARTMENT OF REVENUE 
Division of Motor Vehicles – Driver License Section 
1 CCR 204-13 
RULES FOR PROOF OF IDENTITY, AGE, AND LAWFUL PRESENCE IN THE APPLICATION FOR DRIVER’S LICENSE OR IDENTIFICATION CARD 

Basis, Purpose and Statutory:
The statutory basis for this regulation are 24-4-103, 24-72.1-103, 42-1-204, 42-2-107 and 42-2-302 CRS.  

The department is responsible for the application process for obtaining Colorado driver’s licenses and identification cards.  The purpose of this regulation is to set forth guidelines for the type of documents that the department will use as proof of the applicant’s lawful presence in the United States, identity and age.  This rule is required for the preservation of public health, safety or welfare and noncompliance with the requirements of this section would be contrary to the public interest.

1.0 Definitions 

1.1 Age—The length of time in full years since a person’s date of birth. 

1.2 Applicant—Any natural person applying to the Department department for a Colorado License or Identification Card license or identification card. 

1.3 Department—The Colorado Department of Revenue. 

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 photocopy documents. 

1.5 Exception Processing—Review of documentary evidence presented by an applicant when it appears that the Applicant applicant cannot provide the documents otherwise required to prove the Applicant’s Age, Identity, Lawful Presence applicant’s age, identity, lawful presence, and/or residency. This process is detailed more fully in section 5.0 below. 

1.6  Full Legal Name –The applicant’s full legal name is the name on the applicant’s birth certificate, unless it has been changed by court order, marriage, divorce, or adoption.

1.7  Hearing—Hearing before a department administrative hearing officer. 

1.6  1.8  Identification Card—A photo identification document issued by a state department of motor vehicles Department of Motor Vehicles or its equivalent that contains the bearer’s full legal name and date of birth, but that does not confer upon the bearer the right to operate a motor vehicle. 

1.7   1.9  Identity—Full legal name of the Applicant applicant. 

1.10 Incomplete Application—Any application for license or identification card submitted with insufficient proof of identity, age, or lawful presence, as required by these rules.

1.8  1.11  Lawful Presence—Demonstration of Citizenship citizenship in the United States 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. 

1.9   1.12  License—A Driver’s License, Commercial Driver’s License, Minor Driver’s License, or Instruction Permit.   A driver’s license, commercial driver’s license, minor driver’s license, or instruction permit.

1.10 Hearing—Hearing before a Department administrative hearing officer. 

1.11 Incomplete Application—any application for License or Identification Card submitted with insufficient proof of Identity, Age, or Lawful Presence, as required by these rules. 

1.12  1.13 Notice of Denial—Notice of formal denial of application for a License or Identification Card. license or identification card.
 
1.13  1.14 Notice of Incomplete Application—Written notice of the documents provided and the documents required to complete an application for a License or Identification Card. license or identification card.

1.14   1.15  Required Elements—Age, Identity, and Lawful Presence.identity, and lawful presence.
 
1.15   1.16  SAVE—The Systematic Alien Verification System for Entitlements, which is administered by the United States Citizenship and Immigration Services of the Department of Homeland Security. 

1.16   1.17  SSOLV—The Social Security Online Verification system. 

2.0 Proof of Identity, Age, and Lawful Presence 

2.1 Pursuant to § 42-2-107(2) and § 42-2-302(2), C.R.S., every application for a Colorado License or Identification Card  license or identification card shall state the full name, date of birth, gender, and residence address of the Applicant applicant. 

2.2 An Applicant applicant must provide Documents documents that are sufficiently secure and reliable to constitute proof of each of the Required Elements required elements. 

	2.2.1 A Document document shall be deemed proof of Identity identity and Age age only 	if it is issued in accordance with § 24-72.1-103, C.R.S. The Documents documents set 	forth in sections 2.3.1 and 2.3.2 meet such requirements. 

	2.2.2 A Document document shall be deemed proof of Lawful Presence lawful presence 	only if it is issued in accordance with § 24-72.1-103, C.R.S., and contains sufficient 	evidence to assure the Department department that the Applicant applicant is in 	compliance with federal immigration law. The Documents documents set forth in sections 	2.3.1 and 2.3.3 meet such requirements. 

	2.2.3 Any Applicant applicant who believes he or she has provided sufficient 	documentation to prove the Required Elements required elements, but whose application 	has been rejected, may request 	Exceptions Processing exception processing, as 	described in section 5.0 below, or contest the decision through the process described in 	section 6.0 below. 

2.3 The following Documents documents or combination of Documents documents are acceptable to provide proof of Age, Identity, and Lawful Presence age, identity, and lawful presence: 

	2.3.1 The following Documents documents, standing alone, provide proof of Age, Identity, 	and Lawful Presence age, identity, and lawful presence: 

		2.3.1.1 A Colorado License or Identification Card license or identification card 			that is not expired or that has expired within the last twelve months ten years, 			provided there exists on file with the department, a corresponding and matching 			facial image, signature and fingerprint of the applicant. Any Colorado 				Identification Card with an issue date of 	6/1/97 up to 7/1/98 must present a 			document establishing lawful presence.

		2.3.1.2 A United States Passport passport bearing the full legal name of the 			Applicant applicant that has not expired or that has expired within the last ten 			years. An Applicant applicant who provides a United States Passport passport 			that has not expired or that has expired within the last ten years, but that does 			not bear the Applicant’s applicant’s full legal name, must provide an additional 			Document document from section 2.3.1, 2.3.2, 2.3.3, or 2.3.5 that does bear the 			Applicant’s applicant’s full legal name. 

		2.3.1.3 An out-of-state photo driver’s license, photo instruction permit, or photo 			identification card issued by a state that requires proof of Lawful Presence, Age, 			and Identity lawful presence, age and identity, and that is not expired or that has 			expired within the last twelve months. The list of states that meet this 				requirement may change from time to time as determined by the states’ various 			statutes, policies, and procedures. A list of states qualifying 
		under this subsection will be maintained and published by the Department 			department, including but not limited to the department’s website. 

		2.3.1.4 Foreign Passport passport bearing a photograph of the applicant, in 			conjunction with a United States visa and I-94, showing class and expiration 			date, that establishes the Applicant’s Identity, Age, and Lawful Presence. 			applicant’s identity, age, and lawful presence.

		2.3.1.5 A military identification card or common access card issued by the United 		States Department of Defense that bears a photograph of the Applicant applicant 		and that is not expired. Such identification cards include active duty, retiree, 			National Guard, and dependent identification cards. 

		2.3.1.6 Certificate of Naturalization bearing the applicant’s intact photograph 			(taken within the previous twenty years) and impressed with the raised 				embossed seal of the authorizing agency. Older photographs will require an 			additional Identity Document identity document from section 2.3.2. 

		2.3.1.7 Certificate of Citizenship bearing the applicant’s intact photograph (taken 			within the previous twenty years) and impressed with the raised embossed seal 			of the authorizing agency. Older photographs will require an additional Identity 			Document identity document from section 2.3.2. 

		2.3.1.8 Valid I-551, which is a resident alien or permanent residency card that is 			verified using SAVE. 

		2.3.1.9 Valid Employment Authorization Document, including I-766, I-688,
		 I-688A, I-688B that is verified using SAVE. 

		2.3.1.10 Valid I-94 with Refugee or Asylee status that contains an intact 				photograph taken within the last twenty years and that is verified using SAVE. 

		2.3.1.11  A department record of a driver’s license or identification card that 			contains the applicant’s facial image, signature, and fingerprint provided the 			image, signature and fingerprint match those of the applicant.  For the applicant 			to utilize this provision and for the department to access the record, the applicant 			must provide either his or her social security number or a document identified in 			section 2 of these rules.  The social security number or the information on the 			document must match the information on the department record.

	2.3.2 The following Documents documents provide proof of an Applicant’s Identity 	applicant’s identity. When providing any of the following documents, an Applicant 	applicant must also provide proof of Lawful Presence lawful presence by providing one of 	the Documents documents set forth in section 2.3.3. 

		2.3.2.1 A Colorado License or Identification Card license or identification card 			that has expired within the last ten years and no corresponding image, signature, 		and fingerprint of the applicant exists on file with the department. 

		2.3.2.2 A driver’s license or identification card issued by any state, including a 			state that does not require proof of Lawful Presence lawful presence to obtain 			such document, that is not expired or that has expired within the last ten years. 

		2.3.2.3 A valid identification document issued by the Bureau of Indian Affairs that 			bears a photograph taken within the last twenty years. 

		2.3.2.4 A military identification card or common access card issued by the United 		States Department of Defense that contains a photograph of the applicant and 			that has expired within the previous ten years. Such identification cards include 			active duty, retiree, national guard  National Guard, and dependent identification 			cards. 

		2.3.2.5 A Veteran’s Administration Card that bears a photograph of the Applicant 			applicant that was taken within the last twenty years. 

		2.3.2.6  An identity document issued by the Federal Bureau of Prisons or 			Colorado 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 as proof of lawful presence.

		2.3.2.6 2.3.2.7  For an Applicant applicant under the age of 21, an affidavit 			signed by the Applicant’s applicant’s parent or legal guardian (the “affiant”), 			under penalty of perjury and in the presence of a Department department 			employee, identifying the Applicant applicant, affirming that the Applicant 			applicant is the person who is identified in the other Documents documents 			presented by the Applicant applicant, and verifying the Applicant’s Identity, Age, 			and Lawful Presences applicant’s identity, age, and lawful presence. The affiant 			must provide identification consistent with these rules and proof that he or she is 			the parent or legal guardian of the Applicant applicant. 

	2.3.3 The following Documents documents provide proof of an applicant’s Lawful 	Presence lawful presence. These documents must also be accompanied by a proof of 	Identity Document identity document, as set forth above in section 2.3.2. 

		2.3.3.1 A Social Security Card social security card that is verified using the 			SSOLV system. 

		2.3.3.2 A birth certificate issued by the United States, including any agency or 			department thereof, the District of Columbia, any state, county, parish, or 			borough, and which has been certified by the issuing agency. 

		2.3.3.3 A certificate of citizenship Certificate of Citizenship issued by the United 			States Department of Interior. 

		2.3.3.4 A certified Order of Adoption bearing the seal or certification of the court 			of any state, political subdivision, or territory of the United States, and which 			includes the date and location of birth of the adoptee within the United States. 

		2.3.3.5 Valid I-94 with Refugee or Asylee status that does not 					contain a photograph and that is verified using SAVE. 

	2.3.4 An Applicant applicant may prove the Applicant's Age applicant’s age by any of the 	documents described in sections 2.3.1, 2.3.2, or 2.3.3 that reflect the Applicant's 	applicant’s date of birth or by use of a school record created within the last twelve months 	by a school within the United States. 

	2.3.5 A certified certificate of marriage, decree of dissolution of marriage or legal 	separation issued by any Native American Tribal court or an authorized government 	agency or court of the United States, any territory, or state of the United States, or any of 	their political subdivisions, or any court-ordered name change entered by any state or 	federal court may be used to modify the full legal name of the Applicant applicant.

		2.3.5.1  Name change as a result of marriage shall be subject to the following 			conventions:  :  (1) the existing last name is replaced with the spouse’s last 			name; (2) the existing last name is added as a second middle name and the 			spouse’s last name becomes the applicant’s last name; (3) the existing last name 		replaces the existing middle name and the spouse’s last name becomes the 			applicant’s last name; (4) the spouse’s last name replaces the existing middle 			name and the existing last name remains the applicant’s last name; (5) the 			spouse’s last name is added before or after the existing last name via a hyphen 			or space and becomes the applicant’s last name.

		2.3.5.2  All non-court-ordered name changes will require completion, and 			submission to the department, of the Affidavit of Name Change for a Colorado 			driver’s license or identification card, form DR-2203. 

	2.4 Any Colorado License or Identification Card license or identification card issued to a 		citizen of a foreign country shall expire coincidentally with the Applicant’s applicant’s 	authorized duration of stay in the United States. 

	2.5 Nothing in these rules shall be construed to prevent the Department department from 	rejecting an application based in whole or in part on fraudulent or unverifiable Documents 	documents. 

		2.5.1 An application shall be rejected if the Applicant applicant presents any 			fraudulent or altered Documents documents. 

		2.5.2 Nothing in the rules restricts or prohibits the Department department from 			verifying any Document document presented by an Applicant applicant. Such 			verification may include, but is not limited to, contacting the issuing agency, using 		an automated or online verification system created or maintained by a 				government agency, or comparing the Document document presented to a 			depiction or description contained in reference material compiled for the purpose 			of confirming the authenticity of a particular type or category of Document 			document. If the authenticity of a Document document cannot be verified, then 			an application may be rejected, additional documentation may be required, or the 		Applicant applicant may be referred to Exceptions Processing exception 				processing. 

3.0 Process for Complete Application 

	3.1 When an Applicant applicant has completed the required application and provided the 	required proof of the Required Elements required elements, the application will be printed 	and the Applicant applicant must review and verify the information on the application by 	signing a “signature capture device” and then give a fingerprint and have his or her 	photograph taken. The printed and signed application will serve as the temporary 	document. The permanent document will be mailed to the Applicant applicant at the 	address provided on the application. 

4.0 Process for Incomplete Application 

	4.1 If an Application application is incomplete or the Applicant applicant has failed to 	provide sufficient documentary proof of one or more of the Required Elements required 	elements, the Department department shall serve the Applicant applicant with a Notice of 	Incomplete Application in accordance with these rules. 

	4.2 The Notice of Incomplete Application shall include a notation of the reason for the 	decision that the Application application is incomplete. 

	4.3 The Applicant 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 department with the required additional documentation prior to 	being denied a Colorado License or Identification Card. license or identification card.

	4.4 If, upon return to the Department department, the Applicant applicant fails to provide 	the additional documentation identified on the Notice of Incomplete Application, the 	Department department shall, at the Applicant’s applicant’s discretion, refer the Applicant 	applicant to Exceptions Processing exception processing or serve the Applicant applicant 	with a Notice of Denial. 

5.0 Exceptions Exception Processing 

	5.1 An Applicant applicant may attempt to obtain a Colorado License or Identification 	Card license or identification card through Exceptions Processing exception processing 	at the outset of the application process (if the Applicant applicant has reason to believe 	that he or she will be unable to provide adequate documentation) or after being issued a 	Notice of Incomplete Application. 

	5.2 When an applicant for a duplicate license or identification card or a renewal of a 	license or identification card does not have the documentation required to prove the 	applicant’s age, identity, residency and lawful presence, and cannot provide a social 	security number, but the applicant has on file an image, signature and fingerprint, the 	Motor Vehicle Investigations Unit can process the application if all of the biometrics 	match.  	When it appears that the Applicant an applicant has not had a license or 	identification card and cannot provide the Documents documents otherwise required to 	prove the Applicant’s Age, Identity, Residency, and Lawful Presence applicant’s age, 	identity, residency, and lawful presence, the Applicant applicant shall be referred to the 	Motor Vehicle Investigations Unit for Exceptions 	Processing exception processing. A 	branch manager in consultation with an Investigator investigator will review all available 	documentation to determine whether the Applicant’s Identity, Age, and Lawful Presence 	applicant’s identity, age, and lawful presence can be established by a combination of 	Documents documents, which includes any of the Documents documents listed in section 	2.3 and/or: 

		5.2.1 A valid Individual Colorado or Federal Tax Return, with an employee copy 			of an Internal Revenue Service form W-2 or 1099. Validity shall be determined 			using the SSOLV system. If the attempted validation of the Social Security 			Number social security number on the document provided using the SSOLV 			system fails, then the document shall be deemed invalid. 

		5.2.2 A life, health, or other insurance record that bears the Applicant’s 				applicant’s name, age or date of birth, and place of birth within the United States. 		When an Applicant applicant presents a life, health, or other insurance record for 			which the Department department does not have information regarding the 			indicia of validity or authenticity for such document, the Department department 			shall determine validity by contacting the issuing entity and either obtaining 			sufficient information regarding the indicia of authenticity and validity or 				confirmation that the document presented is valid. The Applicant applicant must 			cooperate with the Department department in obtaining this validation, including 			signing any authorization required by the issuing entity. 

		5.2.3 An identification card issued by a federally-recognized tribe. When an 			Applicant applicant presents an identification document from a federally-				recognized tribe for which the Department department does not have information 			regarding the indicia of validity or authenticity for such documents, the 				Department department shall determine validity by contacting the issuing tribe or 			agency and either obtaining sufficient information regarding the indicia of 			authenticity and validity or confirmation that the identification presented is valid. 

		5.2.4 An identity document issued by the Federal Bureau of Prisons or 				Department of Corrections of Colorado. 

		5.2.5 A DD-214 that does not include the “not to be used for ID” disclaimer. 

		5.2.6 An affidavit signed under penalty of perjury, in the presence of a 				Department department employee, identifying the applicant and stating the name 		or names by which the affiant has known the applicant and that the affiant is 			unaware of any facts indicating that the applicant’s presence in the United States 		is unlawful. This affiant must present identification and must be a parent or legal 			guardian of the Applicant applicant, an employee of a governmental agency, or 			an employee of a non-profit entity registered with the Department department for 			this purpose. The Department department shall maintain copies of all such 			affidavits. 

		5.2.7 Any other verifiable document which may serve to provide evidence of the 			Applicant’s Identity, Age or Lawful Presence applicant’s identity, age or lawful 			presence, including expired documents, court documents, religious records, early 		school records, hospital records, municipal records, and insurance records. 			When an Applicant applicant presents a document or record under this provision 			for which the Department department does not have information regarding the 			indicia of validity or authenticity for such document or record, the Department 			department shall determine validity by contacting the issuing agency or entity and 		either obtaining sufficient information regarding the indicia of authenticity and 			validity or confirmation that the document presented is valid. The Applicant 			applicant must cooperate with the Department department in obtaining this 			validation, including signing any authorization required by the issuing agency or 			entity. 

	5.3 If, after a review of the documents and other evidence gathered during the course of 	the Exceptions Processing exception processing, the Identity, Age, and Lawful Presence 	identity, age, and lawful presence of the Applicant applicant can be determined, 	consistent with state law, to a reasonable degree of certainty, then the Applicant 	applicant shall be issued a Colorado License or Identification Card license or 	identification card, if the Applicant applicant is otherwise qualified to be issued such a 	Colorado License or Identification Card. license or identification card.

	5.4 If, after a review of the documents and other evidence gathered during the course of 	the Exceptions Processing exception processing, the Identity, Age, and Lawful Presence 	identity, age, and lawful presence of the Applicant applicant cannot be determined, 	consistent with state law, to a reasonable degree of certainty, then the Applicant 	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 section 6.0. 

6.0 Hearing and Final Agency Action 

	6.1 An Applicant applicant who has been served with a Notice of Denial may, within thirty 	(30) days of being issued such a notice, request a hearing on the merits of the denial by 	making a written request for a hearing to the Hearings Section of the Department 	department at 1881 Pierce St. #106, Lakewood, CO 80214. The Department department 	shall include a form for requesting such a hearing with the Notice of Denial that is served 	on the 	Applicant applicant. 

	6.2 The Hearings Section shall hold the hearing in accordance with the provisions of the 	State Administrative Procedure Act and the provisions of Title 42 of the Colorado Revised 	Statutes. 

	6.3 The only issue at the hearing shall be whether the documentation provided by 	Applicant the applicant in support of the application for Colorado License or Identification 	Card license or identification card is sufficient under Colorado statute and these rules. 

	6.4 The hearing officer shall issue a written decision within fifteen (15) business days of 	the completion of the hearing. If the hearing officer finds that the documentation is 	insufficient, then the denial shall be sustained. If the hearing officer finds that the 	documentation is sufficient, then the denial shall be rescinded and the Department 	department shall issue the Colorado License or Identification Card license or 	identification card based on the existing documentation. 

	6.5 The decision by the hearing officer shall constitute final agency action, and is subject 	to judicial review as provided by § 24-4-106, C.R.S. 

7.0 Effective Date 

7.1 Subject to the Administrative Procedures Act, these rules shall take effect on August 1, 2007.