Department of Revenue
1 ccr 201-17
Rules for Evidence of Lawful Presence

1. Definitions 
1.1.  	Applicant -- Any natural person eighteen years of age or older seeking non-exempt Public Benefits for themselves as set forth in §24-76.5-102 and 103 C.R.S.
1.2.   Benefit Agency -- Agency of the state or of any political subdivision of the state of Colorado providing Public Benefits as defined in §24-76.5-102 C.R.S.
1.3.   Department -- The Colorado Department of Revenue.
1.4.   Director -- The Executive Director of the Colorado Department of Revenue.
1.5.   Request for Waiver -- Request form (attached as an exhibit to these rules and incorporated herein) completed by an Applicant or Applicant’s representative seeking a determination of lawful presence by the Department. The Request for Waiver must be accompanied by all documents that Applicant can produce to verify name and proof of lawful presence.
1.6		Waiver --  An exemption from identification requirements, issued by the Department of Revenue.

2.     Identification Documents 
2.1. 	A first time Applicant or Applicant seeking to reapply for public benefits on or after August 1, 2006 may demonstrate lawful presence by both executing the affidavit required in §24-76.5-103(4)(b) C.R.S. and producing: 
2.1.1.	One of the forms of identification set forth in §24-76.5-103(4)(a) C.R.S., except that for purposes of §24-76.5-103(4)(a)(1), a Valid Colorado Driver’s License or Identification Card includes only a current Driver’s License, Minor Driver’s License, Probationary Driver’s License, Commercial Driver’s License, Restricted Driver’s License, Instruction Permit or Identification Card;
2.1.2	Benefit agencies may also accept the forms of identification listed published by the Office of The Federal Register National Archives and Records Administration in the full Code of Federal Regulations (CFR) governing the specific services provided.  In the absence of specific governing CFR, the following regulations shall apply: 42CFR Parts 435.407 and 436.407, Medicaid Program; Citizenship Documentation Requirements, and/or AG Order No. 2129-97 Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as issued by the Department of Justice, and which are incorporated by reference.  
	Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. Copies of the material incorporated by reference may be obtained by contacting Director, Motor Vehicle Division, of the Department of Revenue, 1881 Pierce Street, Room 100, Lakewood, Colorado, tel: 303-205-5935 during regular hours. Copies of the materials may also be examined at any state publication depository library. Certified copies shall be provided at cost upon request.    
2.1.2.3	Valid Driver’s License or Identification Card bearing Applicant’s photograph issued by one of the following: Alabama, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming; 

3.     Waiver Process 
3.1.	A first time Applicant or Applicant seeking to reapply for public benefits on or after August 1, 2006, may demonstrate lawful presence by both executing the affidavit required in §24-76.5-103(4)(b) C.R.S. and a Request for Waiver.   Application may be made either by the applicant or a representative, in person, by mail or on-line.
3.1.1.	Applicants who qualify for this waiver are those who: 
3.1.1.1. have been processed by a benefit agency and who, due to the inability of the benefit agency to establish identity or citizenship/lawful presence in the United States, have been referred to the Department for waiver application; 
3.1.1.2. due to lack of a permanent physical address in Colorado, do not qualify for a Colorado Driver’s License or Identification Card, or 
3.1.1.3. may lack sufficient documentation to receive a License or Identification Card.
3.1.2.	Upon receipt of a Request for Waiver together with all supporting documentation, the Department will check the applicable federal databases to determine the immigration/citizenship status of the applicant.
3.1.2.1.	The Department shall not deny a waiver, unless reliable evidence exists that the applicant is in violation of immigration laws.  
3.1.2.2. The Department shall provide a copy of the waiver to the benefit agency that referred the applicant.
3.1.3.	The Benefit Agency is responsible for verifying that their Applicant is the same individual indicated as the person who presents the waiver.
3.1.4.	Waivers are permanent, but will be rescinded and cancelled if, at any time, the Department establishes reliable evidence that the Applicant has violated U. S. Immigration laws.  Status will be reviewed at 1- year intervals.
3.1.5.	Waivers issued by the Department since August 1, 2006 will continue in effect unless otherwise cancelled or rescinded by the Department.  
4.     Required Advisement 
4.1.	A Benefit Agency awarding benefits based on a waiver issued by the Department that the waiver is permanent, except as noted below:
4.1.1.    The applicant’s situation changes such that s/he is able to obtain the documentation required, as listed in 2.1.1 or 2.1.2 above.
4.1.2.    As soon as possible, Applicant should begin working diligently to secure the appropriate identification document; and
4.1.3.    A determination of eligibility for benefits based on a waiver in no way constitutes a representation that Applicant has provided sufficient information or documentation to support the issuance of one of the forms of identification set forth in §24-76.5-103