Statutes, codes, and regulations
Delaware Administrative Code
Title 2 - TransportationDepartment of TransportationDivision of Motor VehiclesDriver Services
Delaware Driving Privilege Permit and Driving Privilege Card
Section 2225-10.0 - Verification Requirements and Other Restrictions/Limitations

2 Del. Admin. Code § 2225-10.0

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Current through Register Vol. 27, No. 12, June 1, 2024
Section 2225-10.0 - Verification Requirements and Other Restrictions/Limitations
10.1 Verification of Source Documents.
10.1.1 The division will verify the source documents used to determine an applicant's name, date of birth, SBI check, ITIN, SSN (if applicable), principal residence address, gender or any material changes to this data with the issuer of the source document whenever. An electronic validation of the document and identity data will occur as systems become available or by alternative methods approved by the DHS. All source documents and identification document applications will be scanned and electronically retained by the division.
10.1.2 The division will electronically verify information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so.
10.2 Electronic Verification Details.
10.2.1 Any documents listed in subsection 5.2 will be scanned and verified through division scanners. If two documents are shown, only one must be verified. In the event of a non-match, the division must not issue a Delaware DPC to an applicant and must refer the individual to their Consulate for resolution. The division will not issue a Delaware DPC to an applicant if their document is invalid.
10.2.2 State Bureau of Identification (SBI). The division will verify all DPC applicants' fingerprint process with the SBI using the receipt number issued to the applicant by the SBI. This verification will ensure that the applicant appearing at the division is the same applicant who was fingerprinted at SBI.
10.2.3 Division of Revenue. The division will verify all DPC applicants two preceding years of filed Delaware income tax using the DLN on the Certificate of Filing Compliance issued by the Division of Revenue. The division, using the claimants ITIN and DLN, will verify with the Division of Revenue, dependents that have been claimed by an individual who has filed a Delaware income tax return. The division may establish procedures and exceptions through memorandums.
10.2.4 Social Security On-Line Verification (SSOLV). If applicable, the division will verify SSNs with the Social Security Administration (SSA) using SSOLV or though another method approved by the DHS. In the event of a non-match with the SSA, the division will use existing procedures to resolve non-matches. If unable to resolve non-matches, the division will deny issuance to those applying for their first Delaware identification document. A Delaware compliant or non-compliant identification document will not be issued until the mismatch condition is resolved. However, upon renewal of a Delaware-issued identification document, the document holder may be issued one 60-day temporary non-compliant identification document to give him time to resolve the mismatch condition with the SSA. The division may establish procedures and exceptions through memorandums.
10.2.5 Commercial Driver License Information Systems (CDLIS). Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, the division will verify all DPC transactions through CDLIS to ensure the applicant does not hold a commercial motor vehicle compliant or non-compliant identification document in another jurisdiction. If a match is found in another jurisdiction, the applicant must surrender his or her existing identification document from the other jurisdiction to obtain a Delaware DPC document.
10.2.6 Problem Driver Pointer System (PDPS). In conjunction with the National Driver Registry (NDR), the division will verify all DPC transactions through PDPS to ensure the applicant's eligibility to obtain valid driving authority and carry a DPC document. If a match is found from another jurisdiction with a status of "not eligible" during an initial transaction, the applicant is denied a Delaware DPC document until the jurisdiction reports a status of "eligible". During a DPC document change, duplicate or renewal process, if a "not eligible" status is found, the applicant is issued a 60-day temporary DPC document until the status becomes "eligible". At that time the applicant may be reissued his or her Delaware DPC.
10.3 Non-Match Verification Results and System Failure Procedures.
10.3.1 Initial Issue and Transfer. The division will deny the initial issuance of a Delaware DPC document whenever a verification check (SBI, Division of Revenue, CDLIS, PDPS, and SSN if applicable) results in a non-match or non-eligible condition.
10.3.2 Renewal - Mismatch Condition. Should a mismatch condition occur for those applicants renewing a Delaware DPC, they may be issued a 60-day temporary non-compliant DPC document to give him or her time to resolve the problem with the issuing agency.
10.4 Renewal and Verification System Failure.
10.4.1 If a verification system fails when the applicant is applying for his initial Delaware DPC, the application will be denied until the verification check is completed.
10.4.2 If an electronic verification system fails when an applicant is renewing his or her Delaware DPC, the following may occur depending on which verification system failed:
10.4.2.1 The applicant may be denied issuance;
10.4.2.2 The applicant may be issued a 60-day temporary DPC document;
10.4.3 Regardless of the above procedures, no DPC documents will be issued if there is reason to believe the applicant is attempting to commit fraud by presenting altered or fraudulent source documents or by finding non-matching or inconsistent data on various electronic databases, or by other factors that would lead a reasonable person to conclude the applicant is attempting to commit fraud. In such instances, an electronic record will be established, a digital photograph will be captured, the record will be annotated as denied, and fraudulent or altered documents will be confiscated. A division investigator or a law enforcement officer will be asked to investigate to determine future action.
10.5 Prohibition Against Holding More Than One Delaware Driving Privilege Card
10.5.1 The division will ensure the applicant does not have more than one valid document granting driving authority issued in this or any other state, thereby supporting the one driver license, one driving record concept as expressed in the Driver License Agreement. If a person holds a document granting driving authority in another state, he or she will not be issued a Delaware DPC in this State until the individual or division has terminated the driving document issued by another state.
10.5.2 Problem Driver Pointer System (PDPS), Commercial Driver License Information System (CDLIS), National Law Enforcement Telecommunication System (NLETS) and other national systems may be used to electronically verify, within the limits of each network, whether or not an applicant has a valid driving document in another state.
10.5.3 Motor Vehicle System software performs name, date of birth, SBI, ITIN and social security (if applicable) cross checks to identify persons who are mistakenly assigned multiple driving or identification card records on the division's files. Multiple records will be combined into one record when discovered.
10.5.4 An applicant's name and date of birth will be verified each time a Delaware DPC is renewed or reissued to ensure that the individual receiving a Delaware DPC is the same individual to whom the document was originally issued.
10.5.5 An applicant must be denied a Delaware DPC until the driving document issued by another state is terminated or soon to be terminated. If the applicant must terminate driving document issued by another state, then the division, as allowed under the Driver License Compact, may act on behalf of the applicant and inform that state that Delaware has issued a Delaware DPC in this State and request the other state cancel the one issued by its agency. A Delaware DPC may be issued pending the termination of the out-of-state document.
10.6 Other Restrictions/Limitations.
10.6.1 If the division discovers a person holds a driving document in multiple or different names issued by this or any other state, the division may deny issuance of the DPC, investigate the matter and suspend the applicant pursuant to Title 21, Section 2733 (a)(5).
10.6.2 An applicant cannot obtain his initial Delaware DPC if his or her driving authority is suspended or revoked in any state for a violation that would result in a suspension or revocation in this State. Renewal exception: Those applicants renewing a valid Delaware DPC may be issued a 60-day, temporary DPC document to give them an opportunity to resolve the out-of-state suspension or revocation. Once the out-of-state suspension or revocation is cleared, the applicant may be issued a valid DPC.

2 Del. Admin. Code § 2225-10.0

19 DE Reg. 937 (4/1/2016) (Final)