Section 2 AAC 90.570 - Application and documents for a driver's license or identification card that is federally compliant(a) An applicant for a driver's license that is federally compliant must comply with the requirements of this section in addition to the requirements of 2 AAC 90.420(a), (f) - (s), and 2 AAC 90.410, 2 AAC 90.425, 2 AAC 90.440, 2 AAC 90.450, 2 AAC 90.455, 2 AAC 90.470, 2 AAC 90.475, 2 AAC 90.480, 2 AAC 90.485, and 2 AAC 90.490. An applicant for an identification card that is federally compliant must comply with the requirements of this section in addition to the requirements of 2 AAC 90.420(a), (f), (m), (p), (r), (s), and 2 AAC 90.410, 2 AAC 90.425, 2 AAC 90.470, 2 AAC 90.475, 2 AAC 90.475, 2 AAC 90.480, 2 AAC 90.485, and 2 AAC 90.490.(b) Each applicant for a driver's license or identification card that is federally compliant must bear a full facial image capture under 2 AAC 90.485; the applicant's iris and pupils of the eyes shall be clearly visible.(c) The department shall maintain a photograph of an applicant under (b) of this section even if no driver's license or identification card is issued. The photographs must be stored in a format required under 2 AAC 90.640. If no driver's license or identification card is issued to the applicant, the photograph must be stored for a minimum of five years. If a driver's license or identification card that is federally compliant is issued to the applicant, the photo must be stored for a period of at least two years beyond the expiration date.(d) Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct, and the department must retain this declaration. An applicant must sign a new declaration when presenting new source documents to the department on subsequent visits.(e) An applicant for a driver's license or identification card that is federally compliant must present at least one of the following source documents to establish identity: (1) a valid, unexpired United States passport issued by the United States Department of State;(2) a certified original or certified copy of the applicant's birth certificate filed with a state or territory of the Unites States Office of Vital Statistics or equivalent agency in the applicant's state or territory of birth;(3) a consular Report of Birth Abroad issued by the United States Department of State, Form FS-240, DS-1350 or FS-545;(4) a valid, unexpired Permanent Resident Card issued by the United States Department of Homeland Security or the United States Immigration and Naturalization Service;(5) an unexpired employment authorization document issued by the United States Department of Homeland Security, Form 1-766 or Form I-688B;(6) an unexpired foreign passport with a valid, unexpired United States visa affixed accompanied by the approved 1-94 form documenting the applicant's most recent entry into the United States;(7) a Certificate of Naturalization issued by the Department of Homeland Security, Form N-550 or Form N-570;(8) a Certificate of Citizenship, Form N-560 or Form N-561, issued by the United States Department of Homeland Security;(9) A driver's license or identification card that is federally compliant issued in accordance with the standards established by this chapter; or(10) other evidence of comparable validity designated by the United States Department of Homeland Security in notice published in the Federal Register.(f) Where the department permits an applicant to establish a name other than the name that appears on a source document, through marriage, adoption, court order, or other mechanism permitted by state law or regulation, the applicant must present documentary evidence of the name change through the presentation of documents issued by a court, governmental body, or other entity of comparable authority as determined by the department. The department shall maintain copies of the documentation presented under 2 AAC 90.640 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the department and in conformity with 2 AAC 90.640.(g) To establish date of birth, an applicant must present at least one document included in paragraph (e) of this section.(h) Except as provided in (e)(6) of this section, an applicant who presents the identity documents listed in (e)(1) and (2) of this section must have the applicant social security number verified as set out in 2 AAC 90.580(d).(i) To document the principal residence address, an applicant must present at least two documents acceptable to the department that include the individual's name and principal residence.(j) The department shall issue a driver's license or identification card that is federally compliant only to a person who has presented satisfactory evidence of lawful status and met other requirements of P.L. 109-13, Division B, (REAL ID Act of 2005). If the applicant presents one of the documents listed under 2 AAC 90.570(e)(1), (e)(2), (e)(3), (e)(4), (e)(7) or (e)(8) the department's verification of the applicant's identity in the manner prescribed in 2 AAC 90.580 will also provide satisfactory evidence of lawful status; Presentation of one of the identity documents listed under paragraphs (e)(5), (e)(6) or (e)(9) of this section, does not provide satisfactory evidence of lawful status. The applicant must also present a second document listed under 2 AAC 90.570(e)(1), (e)(2), (e)(3), (e)(4), (e)(7) or (e)(8) or documentation issued by the Department of Homeland Security or other federal agencies demonstrating lawful status as determined by the United States Citizenship and Immigration Services. All documents must be verified in the manner prescribed in 2 AAC 90.580.Eff. 1/1/2019, Register 228, January 2019; am 2/24/2022, Register 241, April 2022 Authority:AS 18.65.310
AS 28.05.068
AS 28.15.041
AS 28.15.101