department of revenue
Division of Motor Vehicles – Driver License Section
1 CCR 204-13
Emergency Rules for Proof of Identity, Age, Residency and Lawful Presence in the Application for Driver License or Identity Card

1.0         Definitions
 
1.1	Age—Date of birth of the Applicant

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.

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 photo copy documents.

1.5	Guidelines—Nonbinding 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. 

1.6	Identity—Full legal name of the Applicant and proof that the applicant is the person described in any document presented to satisfy this requirement.

1.7	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.

1.8	License—A Driver’s License, Commercial Driver’s License, Minor Driver’s License, or Instruction Permit.

1.9	Hearing—Hearing before a Department administrative hearing officer.

1.10	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.

1.11	Notice of Denial—Notice of formal denial of application for a License or Identification Card.

1.12	Notice of Incomplete Application—Written notice of the documents provided and the documents required to complete an application for a License or Identification Card.

1.13	Resident—Any person that resides at a permanent street address located within Colorado.

1.14	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.

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, sex, and residence address of the applicant for a Colorado driver’s license or identification card.  
2.2	An Applicant must provide Documents that are sufficiently secure and reliable to constitute proof of each of the Required Elements.  
 2.2.1	A Document shall be deemed proof of Identity only if it is issued in accordance with §24-72.1-103 and contains information sufficient to establish the full legal name of the applicant and proof that the applicant is the person described in documents presented to satisfy this requirement.

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.
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.
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.
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.
	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. 
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.
	
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.

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

4.7	The provisions of this Section 4 (Process for incomplete application) shall be effective beginning on or before January 15, 2007 and expire when this emergency regulation expires.