Haw. Code R. § 19-149-8

Current through November, 2024
Section 19-149-8 - Exceptions process; persons unable to present all necessary documents
(a) In exceptional circumstances where a document is required under sections 19-149-3, 19-149-5 and 19-149-6 but is not available, the examiner of drivers may accept alternative documents pursuant to section 19-149-4 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; and
(5) Record all names on state civil identification record.
(c) 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 19-149-6 of this chapter 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 1-766 or Form I-688B issued by Department of Homeland Security;
(B) Unexpired foreign passport with one of the following: a valid, unexpired United States visa affixed or an approved 1-94 form documenting the applicant's most recent admittance into the United States, or a Department of Homeland Security admission stamp;
(C) Other valid, unexpired United States Immigration and Naturalization Service document not listed in section 19-149-6; 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 Department of Homeland Security systematic alien verification for entitlements system.
(3) Notwithstanding all other eligibility requirements for state civil identification, if the examiner of drivers can determine the length of lawful stay, the applicant's card shall expire on the same date as the expiration date of lawful status.
(4) Notwithstanding all other eligibility requirements for state civil identification, if the examiner of drivers cannot verify the length of lawful status, the validity period of the applicant's card shall not exceed one year from the date of entry into the United States.
(d) Exception process recorded.
(1) Alternate documents accepted during an exception process shall be verified for authenticity and noted in applicant's record.
(2) All copies or images of the alternate documents accepted shall be retained and attached to applicant's record.
(e) Exceptions for document to show proof of social security number. If a social security account card is not available, one of the following documents bearing the applicant's social security number verified by the examiner of drivers through social security on-line verification may be accepted:
(1) A W-2 form, from previous year;
(2) A SSA-1099 form, from previous year; or
(3) A non-Social Security Administration 1099 form, from previous year.
(f) 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 19-149-3(a)(2)(A) and (B) of this chapter 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 United States territorial driver's license with photo issue by a Real ID compliant jurisdiction;
(B) United States Immigration and Naturalization document or card not listed in section 19-149-3;
(C) Alien registration refugee card;
(D) Valid military identification card or United States Department of Defense common access card;
(E) Current or expired State of Hawaii identification card issued after January 1, 2013; or
(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.

Haw. Code R. § 19-149-8

(Auth: §§ 286-303, 286-304,) (Imp. §§ 286-303, 286-304)
Eff 3/23/14
Comp 9/22/2023