Section 19-122-306 - Exceptions process; persons unable to present all necessary documents(a) In exceptional circumstances where a document is required under sections 19-122-302, 19-122-304, and 19-122-305 but is not available, the examiner of drivers may accept alternative documents pursuant to section 19-122-303 as proof of an applicant's identity or lawful status.(b) Covered employees designated by the examiner of drivers shall: (1) Obtain supervisor approval to accept an alternate document;(2) Obtain supervisor approval before processing applicants with documents showing inconsistent names;(3) Require the applicant to provide at least two government issued documents showing same name;(4) Use name on immigration documents; or(5) Record all names on driver's license record.(c) Exceptions for residency for foreign missions: U.S. Department of State through its Diplomatic Motor Vehicle Office has the sole authority to issue driver's licenses for foreign missions members. No foreign mission member may legally apply for or receive a driver's license in contravention of the limitations and conditions imposed by the U.S. Department of State.(d) Exceptions for documents to demonstrate lawful status. (1) An applicant who is unable to present the documents required to determine lawful status pursuant to section 19-122-305 shall provide at least one of the documents listed below to the examiner of drivers to determine legal entry into the United States: (A) Unexpired employment authorization document Form I-766 or Form I-688B issued by DHS;(B) Unexpired foreign passport with one of the following: a valid, unexpired U.S. visa affixed or an approved 1-94 form documenting the applicant's most recent admittance into the United States, or a DHS admission stamp;(C) Other valid, unexpired U.S. INS document not listed in section 19-122-305; or(D) Other documents deemed appropriate by the examiner of drivers for proof of legal entry.(2) The examiner of drivers shall verify that the submitted alternate documents for proof of lawful status are authenticated through electronic or other means, including verification through the SAVE system;(3) Notwithstanding all other eligibility requirements for licensure, if the examiner of drivers can determine the length of lawful stay, the applicant's license shall expire on the same date as the expiration date of lawful status;(4) Notwithstanding all other eligibility requirements for licensure, if the examiner of drivers cannot verify the length of lawful status, the applicant's license shall not exceed one year from the date of entry into the United States;(5) An applicant who can provide the examiner of drivers with satisfactory and verifiable evidence of being fifty years of age or older, along with acceptable proof of the applicant's social security number verified by the examiner of drivers through SSOLV; and who has met all other eligibility requirements for licensure in this State such applicant may be issued a license with an expiration date pursuant to section 286-106, HRS.(e) Exception process recorded. (1) Alternate documents accepted during an exception process shall be verified for authenticity and noted in driver's record; and(2) All copies or images of the alternate documents accepted shall be retained and attached to driver's record.(f) Exceptions for document to show proof of social security number. If a SSA account card is not available, one of the following documents bearing the applicant's social security number verified by the examiner of drivers through SSOLV may be accepted: (1) A W-2 form, from previous year;(2) A SSA-1099 form, from previous year;(3) A non-SSA 1099 form, from previous year;(4) A pay stub with the applicant's name and social security number on it.(g) Exceptions for documents to show proof of legal name and date of birth.(1) An applicant who is unable to present the documents required to establish identity or date of birth pursuant to section 19-122-302(1) and 2 shall provide at least one of the following documents to the examiner of drivers to determine the applicant's legal name and date of birth: (A) Valid U.S. territorial driver's license with photo issued by a Real ID compliant jurisdiction;(B) U.S. Immigration and Naturalization document or card not listed in section 19-122-302;(C) Alien registration refugee card;(D) Valid military identification card or U.S. Department of Defense common access card;(E) Current or expired State of Hawaii identification card issued after January 1, 2013;(F) Other documents deemed appropriate by the examiner of drivers for proof of name and date of birth;(2) The examiner of drivers shall verify that the alternate documents presented to establish legal name and date of birth are authenticated through electronic or other means;(3) An applicant who can provide the examiner of drivers satisfactory and verifiable evidence of being fifty years of age or older, along with acceptable proof of the applicant's name that can be verified by the examiner of drivers through electronic or other means and has met all other eligibility requirements for licensure in this state, such applicant may be issued a license with an expiration date pursuant to section 286-106, HRS.Haw. Code R. § 19-122-306
[Eff and comp 10/14/11; comp JAN 17 2014] (Auth: §§ 286-18, 286-104) (Imp: HRS §§ 286-104, 286-106)