Ohio Admin. Code 4501:1-1-21

Current through all regulations passed and filed through October 28, 2024

Section 4501:1-1-21 - Acceptable identification to be submitted along with an application for a temporary instruction (learner's) permit identification card, driver's license, commercial driver's license, motorcycle operator's license, or identification card

(A) This rule governs acceptable identification to be submitted along with an application for a temporary instruction (learner's) permit identification card, driver's license, commercial driver's license, motorcycle operator's license, or identification card.

(B) As used in this rule, "Ohio credential" means a temporary instruction (learner's) permit identification card, driver's license, commercial driver's license, motorcycle operator's license, or identification card issued by the Ohio bureau of motor vehicles (BMV). An "Ohio credential" includes both a driver's license that meets the REAL ID Act and those that do not.

(C) A person who applies for first issuance of an Ohio credential, or issuance when an Ohio credential has been expired for more than six months shall present identification documents sufficient to establish the person's:

(1) Full legal name;

(2) Date of birth;

(3) Social security number (SSN);

(4) Street address of the person's principal residence in the state of Ohio; and

(5) Status as a citizen, permanent resident, or temporary resident of the United States.

(D) All documents shall be an original or a copy bearing an original certification by the issuing authority. Uncertified copies or copies of certified copies shall not be acceptable. Failure to provide sufficient acceptable identification documents shall result in the denial of the Ohio credential.

(E) To establish the person's full legal name and date of birth, the person shall present at least one of the following source documents containing the person's full legal name and date of birth:

(1) An original or certified copy of a birth certificate or registration filed with a state office of vital statistics or the equivalent state or local governmental agency in the person's state of birth;

(2) A valid, unexpired United States passport or passport card, with photograph;

(3) A consular report of birth abroad issued by the United States department of state;

(4) A valid United States military service or dependent identification document, with photograph;

(5) A valid, Ohio concealed weapons permit, with photograph;

(6) A certified copy of a court order containing the full name and date of birth of the applicant;

(7) A passport, with photograph, from another country together with appropriate United States citizenship and immigration services (USCIS) documents that are original and valid, or like documents issued by the successor agency to the USCIS; or

(8) Any other genuine and reliable document approved by the registrar of motor vehicles.

(F) To establish the person's social security number, the person shall present one of the following source documents containing the person's full social security number:

(1) An official social security card issued by the social security administration (SSA), but not a metal card;

(2) A form W-2 wage and tax statement , but must not be handwritten;

(3) An acceptable SSA-1099 form, but must not be handwritten;

(4) A certified copy of a court order with or without the person's date of birth;

(5) Medical records from a doctor or hospital;

(6) Military discharge separation papers;

(7) A certified copy of a school record or transcript;

(8) An "APPLICATION FOR AN OHIO DRIVER LICENSE OR ID CARD" "BMV5475" (October 2019) form, available via the Ohio bureau of motor vehicles' website at http://www.bmv.ohio.gov/bmv_forms.stm, with the applicant's social security number on it, if the applicant has previously established their social security number with the Ohio BMV and the social security number verifies electronically with the SSA at time of application.

(9) Any other genuine and reliable document containing the person's social security number and approved by the registrar of motor vehicles;

(G) The following source documents shall be acceptable to establish the applicant's legal presence in the United States:

(1) A birth certificate, either an original or certified copy, with a seal and issued by an appropriate governmental agency of any state, territory, or possession of the United States, provided that a birth certificate issued by Puerto Rico must have been issued on or after July 1, 2010;

(2) A consular report of birth abroad issued by the United States department of state;

(3) A United States passport;

(4) A United States passport card;

(5) A United States naturalization document; or

(6) For a person who is not a citizen of the United States, appropriate United States citizenship and immigration services (USCIS) documents that are original and valid, or like documents issued by the successor agency to the USCIS showing the dates of legal presence. The registrar may require that any documentation presented be verifiable through the verification lawful status (VLS) or systematic alien verification entitlement (SAVE) databases maintained by the federal government.

(H) The person's full legal name shall consist of the applicant's current first (given) name, middle name, and last name (surname) without the use of initials or nicknames. If the source documents presented do not establish the person's full legal name, or the names on the documents are inconsistent, the person shall present additional documents to establish the full legal name to the satisfaction of the registrar or deputy registrar. The following documents shall be acceptable for this purpose:

(1) A marriage certificate or marriage license, certified or otherwise verified by a process approved by the registrar;

(2) A certified copy of a decree of divorce, dissolution, or annulment of marriage, certified or otherwise verified by a process approved by the registrar;

(3) A certified copy of a court ordered name change, certified or otherwise verified by a process approved by the registrar;

(4) Any other genuine and reliable document verifying the person's legal name and approved by the registrar of motor vehicles.

(I) If the source documents listed in this rule are not sufficient to establish all of the elements necessary for the issuance of an Ohio credential, the person may present the following supplemental documents for consideration of the registrar or deputy registrar except for proof of citizenship or legal presence:

(1) A credit card;

(2) A foreign birth certificate accompanied by a translation by an approved translator if the certificate is not in English;

(3) An employer identification card;

(4) A marriage certificate or marriage license;

(5) A certificate of title for a motor vehicle;

(6) A public assistance benefit card;

(7) A student identification card, with photograph issued by a recognized school, college, or university;

(8) A health insurance card; or,

(9) Any other genuine and reliable document verifying the person's legal name and approved by the registrar of motor vehicles.

(J) If the source documents presented do not establish the person's current Ohio residential street address, the applicant shall present additional documents containing the applicant's name and current address within Ohio to establish that address to the satisfaction of the registrar or deputy registrar. A post office box or other mail box address is not acceptable. The following documents shall be acceptable if the applicant's current Ohio residential street address is stated in the document:

(1) A change of address card or document issued by the Ohio bureau of motor vehicles (BMV);

(2) A checking, savings, or on-line bank account statement issued within the last sixty days;

(3) A child support check stub from the Ohio department of job and family services with the name and address of the applicant;

(4) A copy of federal or Ohio income tax return filing not more than eighteen months old, with proof of filing;

(5) A court order of probation, order of parole, or order of mandatory release;

(6) A current and valid premises liability, life insurance, or automobile insurance policy or card;

(7) School records (satisfactory proof of identity, Ohio residency, and relationship of the parent or guardian to the child applicant is required);

(8) In the case of a dependent child, the BMV may accept a certified statement of residency from the child's parent or guardian, on a form prescribed by the registrar and signed in the presence of a BMV official (satisfactory proof of identity, Ohio residency, and relationship of the parent or guardian to the child applicant is required);

(9) In the case of a married person, the BMV may accept a certified statement of residency from the applicant's spouse, signed in the presence of a BMV official (satisfactory proof of identity, Ohio residency, and marital relationship is required);

(10) In the case of a nursing home patient, a formal statement of residency issued by a nursing home official, on a form furnished by the BMV;

(11) In the case of a homeless person, a formal statement of residency issued by a homeless shelter official, on a form furnished by the BMV;

(12) An installment loan contract from a bank or other financial institution;

(13) A major credit card statement or major retail store credit card statement issued within the last year;

(14) A mortgage account or proof of home ownership;

(15) An Ohio certificate of title;

(16) An Ohio BMV mail-in registration renewal notice;

(17) A paycheck stub issued within the last year;

(18) A professional license issued by an Ohio governmental agency;

(19) A property tax bill or receipt;

(20) Ohio resident hunting or fishing license, current or previous year, cannot be valid for less than one year;

(21) An Ohio sales tax or business license;

(22) A selective service registration acknowledgment card;

(23) A social security administration document;

(24) A utility bill (from an electric, telephone, water, sewer, cable, satellite, heating oil, or propane provider) issued within the last year;

(25) A valid Ohio concealed weapons permit;

(26) A public assistance check stub or food stamp card issued by a governmental agency

(27) United States transportation security administration (TSA) letter;

(28) Any other genuine and reliable document approved by the registrar of motor vehicles.

(K) Notwithstanding any other provisions of this rule, a current, valid offender release identification card issued by the Ohio department of rehabilitation and correction, a current, valid identification card issued by the Ohio department of youth services (DYS), or, if approved by the registrar, an offender release card issued by the United States probation department containing the person's photograph, name, date of birth, and social security number shall constitute acceptable evidence of the person's identity for the issuance of an Ohio credential. If any of the required information is missing from the release identification card presented, the issuance shall be denied unless the missing information is provided by other acceptable documents enumerated in this rule.

(L) Notwithstanding any other provisions of this rule, an Ohio temporary instruction (learner's) permit, driver's license, commercial driver's license, motorcycle operator's license, or identification card that is current or has been expired for less than six months and for which the person's social security number has been verified in the records of the BMV shall constitute acceptable evidence of the person's identity for all transactions conducted by the registrar or any deputy registrar except that a permanent resident shall present his or her valid USCIS form I-551 upon every renewal of credential, and except that if the social security number has not been verified in the records of the BMV, then the person shall be required to present a second acceptable document verifying the person's social security number.

(M) A person who can demonstrate to the registrar's satisfaction that he or she has never been assigned a social security number may apply for a driver's license upon giving acceptable proof of that person's true identity, including the person's full legal name, date of birth, legal presence in the United States, and residential street address within the state of Ohio. A person who has been assigned a social security number but later attempts to revoke or cancel it, does not comply with this rule and the issuance shall be denied unless that person provides acceptable evidence of the social security number previously assigned.

(N) If any person fails to provide acceptable identification documents as required by this rule, the person shall not be issued an Ohio credential by the registrar of motor vehicles or any deputy registrar. Additional documentation may be required if the above documentation provided is determined to not be sufficient.

(O) The registrar or a deputy registrar may issue a duplicate temporary instruction (learner's) permit, duplicate driver's license, duplicate commercial driver's license, duplicate motorcycle operator's license, or duplicate identification card to an applicant if all of the following conditions are met: the person signs an affidavit stating that the original Ohio credential was lost or stolen; the person completes an application for a duplicate; the data recorded in the BMV system confirms the applicant's full legal name, date of birth, legal presence in the United States, residential street address in the state of Ohio, and social security number; and the digitized photograph recorded in the BMV data system shows conclusively that the person is the person to whom the original Ohio credential was issued.

(P) The registrar of motor vehicles may issue a directive adding any document to, or removing any document from, the application of this rule for good cause pending the amendment of the rule.

(Q) Applicants who, for reasons beyond their control, are unable to present all necessary documents for the issuance of a Ohio credential, and must rely on alternate documents to establish identity or date of birth, may request an exception in accordance with 6 C.F.R. 37.11 and this paragraph. Alternative documents to demonstrate lawful status will only be allowed to demonstrate United States citizenship, not any other lawful status.

(1) Any request for an exception shall be forwarded by the deputy registrar to the Ohio bureau of motor vehicles. Any document submitted will be reviewed by the BMV to determine if it is acceptable to establish identity or date of birth. BMV will indicate that the applicant used the exceptions process in the transaction. If the applicant makes another request for an exception in a different transaction, the BMV will review the documents presented, even if the documents have been presented in an earlier request for an exemption.

(2) The request shall include scanned copies of all acceptable documents and all proposed alternative documents. After referral to the registrar, the final decision to issue a credential or deny issuance of a credential shall be made by the registrar or a person or persons specifically authorized by the registrar in writing to make the final decision. Such decisions are not subject to appeal.

Ohio Admin. Code 4501:1-1-21

Effective: 11/1/2022
Five Year Review (FYR) Dates: 8/11/2022 and 08/01/2027
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4507.01, 4507.09
Rule Amplifies: 4506.07, 4507.06, 4507.09, 4507.51
Prior Effective Dates: 02/26/1982, 11/02/1995, 05/15/2002 (Emer.), 12/02/2002, 04/23/2006, 02/01/2008, 10/08/2009, 04/07/2011, 04/10/2016