Ga. Comp. R. & Regs. 375-3-1-.02

Current through Rules and Regulations filed through June 17, 2024
Rule 375-3-1-.02 - Applications and Supporting Documentation
(1) Customers applying for issuance or renewal of any driver's license, permit, or identification card issued by the Department shall complete a written application in a form to be determined by the Department. Such application shall require the applicant to indicate the following:
(a) Whether he or she has ever been issued a driver's license by the State of Georgia or any other state or agency, and if so, the date and place of issuance with the license number, if known;
(b) Whether any previously issued license, whether issued by the State of Georgia or any other state or licensing agency, has ever been revoked, suspended or canceled, or whether any application for a motor vehicle driver's license has ever been denied. The application shall state the cause for revocation, suspension, cancellation or denial, the circumstances surrounding the action taken, the number of times such action has been taken and whether the license has been re-issued or application granted; and
(2) Applications executed pursuant to paragraph (1) shall include a declaration under penalty of perjury that the information contained in the application is true and correct.
(3) Each application must be supported by documentation of the customer's identity, specifically his or her name and date of birth. Documents that are acceptable include the following:
(a) Valid, unexpired U.S. passport;
(b) Certified copy of a birth certificate filed with the State Office of Vital Statistics or equivalent agency in the customer's state of birth;
(c) Consular Report of Birth Abroad issued by the U.S. Department of State, Form FS-240, DS-1350 or FS-545;
(d) Valid, unexpired Permanent Resident Card (Form I-551) issued by the U.S. Department of Homeland Security (DHS) or Immigration and Naturalization Service (INS);
(e) Unexpired Employment Authorization Document (Form I-766/EAD) issued by the DHS;
(f) Unexpired foreign passport with a valid unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States;
(g) Certificate of Naturalization issued by the DHS, Form N-550 or N-570;
(h) Certificate of Citizenship, Form N-560 or N-561, issued by the DHS; or
(i) An uncertified copy of a state-issued birth certificate or a hospital or other commemorative birth certificate for a birth in the State of Georgia if such can be verified electronically with the records of the Georgia Department of Public Health. The driver's license, permit or identification card issued by the Department shall reflect the full legal name reflected on such documentation. If a customer's name has changed from the name listed in the document presented in satisfaction of this paragraph, such change must be supported by documentation in the form of a marriage license, marriage license application, divorce decree, adoption decree, or other court order. Original or certified copies of documents are required.
(4) Each customer may be required to provide documentation of his or her Social Security number in one of the following forms:
(a) Social Security card;
(b) DDS approved application pursuant to paragraph (1); or
(c) other approved documentation which contains the customer's Social Security number.
(5) Social security numbers provided pursuant to paragraph (4) shall be verified as required by 6 C.F.R. § 37.11(e)(2) and 6 C.F.R. § 37.13(b)(2). This paragraph shall not apply to non-U.S. citizen customers who are not eligible for issuance of a Social Security number due to their ineligibility to work pursuant to their immigration status. Customers claiming this exemption must provide documentation thereof from the Social Security Administration.
(6) Each customer must provide two documents to substantiate residence in the State of Georgia. Such documents must contain the customer's name and residence address, and they must be dated by the sender or postmarked within six months prior to the date on which they are presented. Renewal customers who are providing such documentation to satisfy the requirements of 6 C.F.R. § 37.11 may utilize any previously issued driver's license, permit, or identification card, and they may submit such documents electronically so long as the address reflected therein matches the address already reflected on such person's most recently issued driver's license, permit, or identification card.

The following forms of documentation are examples of what can be used to satisfy the proof of residence requirement.

This is not an exhaustive list as acceptable document types are subject to change.

* Mortgage Documents

* Lease

* Military Housing Agreement Letter

* Utility Bills - Dated within previous six months. Utility bill for services installed at your residential address (water, sewer, gas, electricity, cable/satellite TV, Internet, telephone/cell phone, or garbage collection). Please redact account numbers.

* Motor Vehicle Information - Vehicle Registration or Title, Insurance policy or Insurance Card with address displayed.

* Documents Issued by Federal, State or Local Governments - From current or preceding calendar year

(7) Each customer must provide documentation of his or her citizenship or lawful status in the United States. Pursuant to 6 C.F.R. § 37.3 a person has lawful status if he or she presents proof that he or she is a citizen or national of the United States; or an alien: lawfully admitted for permanent or temporary residence in the United States; with conditional permanent resident status in the United States; who has an approved application for asylum in the United States or has entered into the United States in refugee status; who has a valid nonimmigrant status in the United States; who has a pending application for asylum in the United States; who has a pending or approved application for temporary protected status (TPS) in the United States; who has approved deferred action status; or who has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.
(a) The following documents shall suffice as proof of citizenship:
(i) Valid, unexpired U.S. passport;
(ii) Certified copy of a birth certificate filed with the State Office of Vital Statistics or equivalent agency in the customer's state of birth;
(iii) Consular Report of Birth Abroad issued by the U.S. Department of State, Form FS-240, DS-1350 or FS-545;
(iv) Certificate of Naturalization issued by the DHS, Form N-550 or N-570; or
(v) Certificate of Citizenship, Form N-560 or N-561, issued by the DHS.
(b) A valid, unexpired Permanent Resident Card (Form I-551) issued by the DHS or USCIS shall suffice as proof of lawful status in the United States. Non-U.S. citizen customers whose identities are proven using an unexpired Employment Authorization Document (Form I-766/EAD) issued by DHS; or an unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States; or a REAL ID driver's license or identification card issued in compliance with the standards established by 6 C.F.R. § 37.11 must also present a second verifiable document issued by the DHS or other Federal agencies demonstrating lawful status as determined by USCIS. All documentation of lawful status is required to be verified with the DHS' Systematic Alien Verification for Entitlements Program (SAVE) in the manner prescribed in 6 C.F.R. § 37.13.
(8)
(a) The Department shall not accept documents issued outside the United States except foreign passports. Notwithstanding the foregoing, if a customer cannot, for reasons beyond his or her control, present any other document as proof of his or her name, including changes thereto, such documentation shall be accepted pursuant to the foregoing exception process. Such documentation must be printed in English or translated into English by a professional translating service, non-profit corporation, consular official of the country of issuance, or other entity approved by the Department. The original certified document and the original English translation document must be presented to the Department.
(b) Customers who have been designated as asylees by the United States Department of Homeland Security may satisfy the requirements for proof of identity, lawful status in the United States, and residence by providing the following:
(i) Original I-94 indicating asylee status; and
(ii) Proof of residence as set forth in paragraph (6).
(c) Customers who have been designated as refugees by the United States Department of Homeland Security may satisfy the requirements for proof of identity, lawful status in the United States, and residence by providing the following:
(i) If the applicant is a refugee initially placed in the State of Georgia upon arrival in the United States:
1) Original I-94 indicating refugee status;
2) Reception and placement form identifying agency responsible for settling applicant in the State of Georgia; and
3) Refugee Affidavit form bearing notarized signature of representative of the placement agency identified in the reception and placement form submitted to satisfy paragraph (8)(c)(i)(2) and containing applicant's residence address. The Department will notarize said forms at the Customer Service Center at which the applicant applies for said initial issuance if the placement agency does not have a notary on staff.
(ii) If the applicant is a refugee age 18 or over who was initially placed in a state other than Georgia upon arrival in the United States, but who has since moved to the State of Georgia:
1) Original I-94 indicating refugee status;
2) Driver's license or identification card issued by previous state of residence; and
3) Proof of residence as set forth in paragraph (6).
(iii) If the applicant is a refugee under age 18 who was initially placed in a state other than Georgia upon arrival in the United States, but who has since moved to the State of Georgia:
1) Original I-94 indicating refugee status; and
2) Proof of residence as set forth in paragraph (6).
(d) If the applicant is an inmate being released from a Georgia Department of Corrections (GDC) Facility and is unable to present the required two proofs of residence, he or she may prove his or her residence address by a GDC Official submitting the Address Verification Form for Georgia Department of Corrections. The GDC Official should complete this form and submit it to the Department according to a mutually agreed upon protocol between the Department and GDC. The completed and accepted form may serve as proof of residence. The Address Verification Form for Georgia Department of Corrections must be prescribed and designated by the Department solely. The form shall only be submitted by a GDC Official and will not be accepted if received by the Department directly from the inmate (applicant) or another representative.
(e) If the applicant is a probationer, parolee or person who has been released from the custody of the Georgia Department of Corrections within the last 60 days, and he or she is unable to provide one or both documents needed to prove his or her residence, he or she may prove his or her residence address by submitting confirmation thereof from an employee of the Department of Corrections or the State Board of Pardons and Paroles on the form prescribed and designated by the Department.
(f) If the applicant is a resident of a nursing home or other medical care facility, and he or she is unable to provide both documents needed to prove his or her residence, he or she may prove his or her residence address as the address of such nursing home or medical care facility based upon confirmation thereof from the nursing home or medical care facility on its letterhead. Such confirmation must include the customer's name and date of birth, the address of the nursing home, the name and phone number of a representative thereof, and the signature of such representative.
(g) If the applicant is a homeless individual, he or she may utilize the address of a homeless shelter or other service provider upon confirmation thereof from the homeless shelter or care provider. Such confirmation must include the customer's name and date of birth, the address of the homeless shelter or care provider, the name and phone number of a representative thereof, and the signature of such representative.
(h) If the applicant is in the care of the Department of Human Services or the Department of Juvenile Justice, he or she may prove his or her residence address by submitting confirmation thereof from an employee of thereof.
(i) If the applicant is age 70 or more, he or she may prove his or her name and date of birth utilizing an original discharge document from the military or a statement from the Social Security Administration containing the customer's name and date of birth.
(i) If the applicant became a United States citizen pursuant to the Child Citizenship Act of 2000 upon his or her adoption by a Georgia resident, then he or she may satisfy the requirements for proving his or her identity and citizenship by presenting a State of Georgia Certificate of Foreign Birth.
(k) If the applicant is age 60 or more and has held a Georgia driver's license, permit, or identification card for at least 20 years prior to making application for renewal thereof, he or she may prove his or her name and date of birth utilizing an original discharge document from the military or a statement from the Social Security Administration containing the customer's name and date of birth.
(l) As provided in 6 C.F.R. Part 37, if for reasons beyond the control of an applicant who has satisfied citizenship and is renewing their Georgia drivers' license, permit, or identification card cannot provide an identity document, the Department may accept a Georgia Driver's license, permit or identification card that is valid or has been expired less than two years provided it bears the name that has previously been and continues to verify through the Social Security Administration and the applicants' photographs continue to match without incident, and use of such card is approved by an authorized managing supervisor of the Department.
(m) In the event a customer is unable to satisfy the documentary requirements set forth herein, he or she may propose the use of alternative documents. Such requests shall contain a specific explanation of why the customer is unable to provide the documents, a showing that the alternative documents are equivalent to the documents required in the regulation and include copies of the documents proposed. The Department shall not accept alternative documentation as proof of lawful status in the United States.
(9) Customers applying for the renewal of a driver's license, permit or identification card by means other than personal appearance, shall be authorized to do so pursuant to Ga. Comp. R. & Regs. R. 375-3-2-.04.

Ga. Comp. R. & Regs. R. 375-3-1-.02

O.C.G.A. §§ 40-5-4, 40-5-101, 40-16-2, 40-16-3.

Original Rule entitled "Documentation Required for Initial Issuance" adopted. F. Sept. 1, 2004; eff. Sept. 21, 2004.
Amended: F. Dec. 14, 2005; eff. Jan. 3, 2006.
Amended: F. Sept. 11, 2006; eff. Oct. 1, 2006.
Repealed: New Rule of same title adopted. F. Mar. 22, 2007; eff. Apr. 11, 2007.
Amended: F. Oct. 10, 2007; eff. Oct. 30, 2007.
Repealed: New Rule entitled "Documentation Required for Issuance" adopted. F. Nov. 23, 2009; eff. Dec. 13, 2009.
Repealed: New Rule entitled "Applications and Supporting Documentation" adopted. F. Mar. 30, 2012; eff. Apr. 19, 2012.
Amended: F. Jan. 22, 2013; eff. Feb. 11, 2013.
Amended: F. Jan. 21, 2014; eff. Feb. 10, 2014.
Amended: F. Apr. 24, 2014; eff. May 14, 2014.
Amended: F. Aug. 20, 2014; eff. Sept. 9, 2014.
Amended: F. Nov. 18, 2014; eff. Dec. 8, 2014.
Amended: F. Sept. 15, 2015; eff. Oct. 5, 2015.
Amended: F. Sept. 20, 2016; eff. Oct. 10, 2016.
Amended: F. June 1, 2020; eff. June 21, 2020.
Amended: F. Oct. 15, 2020; eff. Nov. 4, 2020.
Amended: F. June 16, 2021; eff. July 6, 2021.
Amended: F. Mar. 15, 2023; eff. Apr. 4, 2023.
Amended: F. Mar. 25, 2024; eff. April 14, 2024.