Okla. Admin. Code § 260:135-3-62

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-3-62 - Operational procedures

(a) The driver license computer, camera, printer, and other hardware, software, and supplies (which may be referred to as document issuance equipment) used in the production of driver licenses and identification cards shall be used solely for the issuance of Oklahoma driver licenses or identification cards. Driver licenses or identification cards shall be issued if the Service Oklahoma location is open for business. If the Service Oklahoma location is unable to issue licenses, the Licensed Operator shall immediately notify Service Oklahoma to report why the Licensed Operator is not issuing licenses.

(b) At the close of business each day, the Licensed Operator shall remove the "Security Laminate", PVC card stock, and security key and lock them in a safe place and shall also destroy, by shredding or burning, all used color print ribbon. In addition, all printer supplies, DL10, and MVR consent forms shall be locked in a safe place. "To lock in a safe place", as used in this Section, is defined as a burglar safe that cannot be picked up and carried out. If the safe is less than 250 pounds, it shall be anchored to a permanent fixture to prevent removal. The safe shall have a combination lock, key lock, or both combination and key lock.

(c) Service Oklahoma will maintain a database showing all current and past driver license or identification card issuance employees at each Service Oklahoma location. All criminal history investigations for each issuance employee will be stored in a Service Oklahoma database.

(d) Licensed Operators and their employees are prohibited from sharing driver license or identification card issuance consumables from one Service Oklahoma location with another Service Oklahoma location. Each Licensed Operator is responsible for all consumables obtained by its Service Oklahoma location. Licensed Operators shall maintain correct inventory levels in the Secure Inventory Management System (SIMS).

(e) All issuing employees must pass a limited criminal history background investigation conducted by the Oklahoma Highway Patrol, Investigation Division, to be issued a temporary personal access code and complete a state criminal history background investigation conducted by the Oklahoma State Bureau of Investigation and national FBI criminal history background investigation to be issued a permanent personal access code. The Licensed Operator is responsible for incurring the cost for any criminal history background investigation.

(1) Only persons who have been issued a personal access code by Service Oklahoma shall be authorized to operate document issuance equipment and issue or make changes to driver licenses or identification cards.

(2) Personal access codes shall not be assigned to anyone under the age of eighteen (18) or to any employee whose driver license is suspended, revoked, cancelled, or denied.

(3) Each application for a personal access code shall be submitted by the Licensed Operator to Service Oklahoma. A limited criminal history background investigation shall be conducted by the Oklahoma Highway Patrol, Investigations Division, prior to the issuance of a temporary personal access code. Service Oklahoma shall give temporary approval to the applicant to issue driver licenses and identification cards, pending an investigation of the applicant's complete national and state criminal history background investigation. The Licensed Operator shall submit the necessary criminal history background investigation requests within ten (10) business days of the issuance of the temporary access code, and submit proof of the request to Service Oklahoma within five (5) business days thereafter.

(4) Service Oklahoma shall cancel the access code to issue driver licenses or identification cards upon determination the person's criminal history background investigation does not warrant certification, based upon a misdemeanor conviction for larceny, theft, fraud, perjury, or if the applicant is found to have made false statements on the application within the ten (10) years immediately preceding the application and/or any felony conviction.

(5) If no record of a conviction for the specified misdemeanors in (e)(4) of this Section, or of a felony within limited criminal history background investigation conducted by the Oklahoma Highway Patrol, the temporarily approved applicant shall be issued a temporary access code. Upon notification of the issuance of the temporary access code to the Licensed Operator, the Licensed Operator shall submit to a national criminal history background investigation, as defined by 74 O.S. § 150.9 of the Oklahoma Statutes within ten (10) business days of said notification. If the national criminal history background investigation is not completed within ninety (90) days of the request for the national criminal history background investigation, the temporary personal access code may be revoked.

(6) Service Oklahoma shall cancel the access code to issue driver licenses or identification cards upon determination the person's national criminal history background investigation does not warrant certification, based upon a misdemeanor conviction for larceny, theft, fraud, perjury, or if the applicant is found to have made false statements on an application with the ten (10) years immediately preceding the application and/or any felony conviction.

(7) If no record of a conviction for the misdemeanors in (e)(4) of this Section or of a felony conviction is found within the national criminal history background investigation, the applicant shall be given a permanent access code number to issue driver licenses and identification cards.

(8) If, during either the state criminal history background investigation or the national criminal history background investigation, it is discovered the applicant has pending charges that could result in the applicant being convicted of a misdemeanor for larceny, theft, fraud, or perjury or any felony, or if the applicant has a deferred sentence for the misdemeanors listed in (e)(4) or any felony the temporary personal access code shall be revoked pending the disposition of the court proceedings.

(9) Personal access codes shall be kept confidential by the employee and Licensed Operator. Personal access codes shall be used only by the person to whom the code has been assigned.

(10) A current national criminal history background investigation shall be required if:

(A) an employee has any break in service and the result of the previous state criminal history investigation on file with Service Oklahoma for the employee is more than one (1) year old, or

(B) if the employee changes Service Oklahoma locations and it has been more than one (1) year since the last national criminal history background investigation was completed, or

(C) if a national criminal history background investigation was not previously required of the employee.

(11) Service Oklahoma may, at its discretion, require a current national criminal history background investigation of any individual operating the driver license equipment. Such national criminal history background investigation shall be at the Licensed Operator's expense.

(12) The Licensed Operator shall be responsible for training new employees. Service Oklahoma may offer periodic training programs as needed.

(13) The Licensed Operator shall be responsible for the conduct of its employees.

(f) Any Licensed Operator in possession of document issuance equipment will be subject to unannounced inspections by Service Oklahoma personnel to verify compliance with Service Oklahoma's Administrative Rules as well as Service Oklahoma's policy. Employees operating the document issuance equipment shall produce proof of identity if requested by Service Oklahoma personnel.

(g) Any substitution of equipment or alteration in the making of a driver license or identification card is prohibited and may be subject to criminal prosecution. Driver licenses or identification cards shall be made in accordance with specifications as determined by Service Oklahoma. If they do not meet these specifications, the Licensed Operator or the employee shall not issue the license or card. The Licensed Operator shall be responsible for the cost of correcting a license created incorrectly due to negligence by the Licensed Operator or their employee. This could include the cost of the card and/or replacement fees.

(h) Licensed Operator's reports required by Service Oklahoma shall be forwarded to Service Oklahoma in accordance with the rules of Service Oklahoma or as prescribed by law.

(i) If the Licensed Operator plans to relocate its Service Oklahoma location, the Licensed Operator shall immediately notify the Service Oklahoma Operator Board in writing to for approval and to make arrangements to have the document issuance equipment relocated. The Licensed Operator shall also immediately notify Service Oklahoma in writing of its new address and telephone number. The Licensed Operator shall bear the cost of moving the document issuance equipment, unless the move is due to a natural disaster or for reasons beyond the control of the Licensed Operator.

(j) In the event of loss, theft, or misuse of any of the document issuance equipment, supplies, or documents, or any violation of state law, Service Oklahoma rule, or other improper conduct related to the issuance of driver license or identification cards, Service Oklahoma shall be notified immediately by telephone at (405) 522-7000. In case of loss or theft, the Licensed Operator shall take an immediate inventory of all driver license documents and/or consumables on hand and list all missing items and equipment by number. A copy of the missing inventory list, the police investigation, and/or incident report shall be immediately forwarded to Service Oklahoma. In cases of misuse, the Licensed Operator must immediately contact Service Oklahoma by telephone at (405) 522-7000. If the incident occurs after Service Oklahoma's normal business hours, the Licensed Operator shall contact Service Oklahoma no later than the next normal business day of Service Oklahoma.

(k) Licensed Operators are prohibited from accepting an altered driver license application (DL-10 form) or any other altered or unapproved document for the issuance of an Oklahoma driver license or identification card.

(l) When a Service Oklahoma location operated by a Licensed Operator goes out of business, any equipment, supplies, and documents issued to the Licensed Operator by Service Oklahoma must be accounted for and returned to Service Oklahoma.

(m) Each employee of the Licensed Operator is to be made aware by the Licensed Operator of the penalties for misuse of driver license documents, identification cards, or document issuance equipment and any production of fraudulent and erroneous driver licenses or identification cards.

(n) When it comes to the attention of Service Oklahoma that any Licensed Operator or an employee of a Licensed Operator is in violation of any statute, rule, or policy, or has committed any fraudulent act regarding the issuance of driver licenses or identification cards, and after consultation with the Director's office, the Senior Director of Partnerships may notify the Licensed Operator that the access code number(s) issued to that Licensed Operator and its employees may be canceled or suspended and the document issuance equipment may be removed.

(1) In accordance with the Administrative Procedures Act, a hearing before the Service Oklahoma Operator Board may be requested by the Licensed Operator in writing within fifteen (15) calendar days of the date of the notification of the cancellation or suspension of access code number(s) for that Licensed Operator's Service Oklahoma location.

(A) The issues at the hearing will be whether or not a violation occurred, and

(B) the severity of the sanction which should be imposed.

(2) If the suspected violation is upheld in the administrative hearing, the Licensed Operator shall have its ability to issue driver licenses or identification cards suspended for six (6) months for the first offense, one (1) year for the second offense, and permanently for third offense. However, Service Oklahoma may issue a permanent suspension for any offense if the findings of the Service Oklahoma Operator Board conclude the offense was criminal or grossly negligent in nature. Suspension time shall include the time pending the administrative hearing.

(o) The following changes or activities to a driver license or identification card are not authorized by any Licensed Operator or employee of any Licensed Operator without the authorization from the Service Oklahoma Director or his or her designee:

(1) Driver license number or identification card number change, except when changing to a computer generated number,

(2) Sex,

(3) Eye color,

(4) Race,

(5) Date of birth,

(6) Class of license,

(7) Endorsement,

(8) Extension of expiration on driver license or identification card,

(9) Temporary receipt or authorization to drive,

(10) The use of issuance equipment for taking photographs for other identification cards (for example: police, fire, sheriff, passport, etc.),

(11) Adding titles to names, such as Sheriff, Police Officer, Judge, Senator, Representative, Dr., Rev., Fireman, etc., or information to indicate professional status on the face of the driver license or identification card such as JOHN DOE, OKLAHOMA HIGHWAY PATROL, or ROBERT DOE, M.D.

(12) Adding addresses. All addresses shall be the legal Oklahoma residence address or Oklahoma mailing address [47 O.S. § 6-106]. Display of both the residence address and mailing address, or any combination thereof, is prohibited; provided, this paragraph shall not be construed to prohibit display of a residence address if it is also the mailing address,

(13) Placing anything on a driver license or identification card, such as stickers of civic clubs, medical symbols, etc., except those approved by Service Oklahoma,

(14) Producing more than one (1) driver license or identification card for the applicant at the time of application,

(15) Adding service charges to an application fee for any reason, or

(16) Providing information from the driver license or identification card application to private businesses, government agencies, or persons other than Service Oklahoma, unless authorized by Service Oklahoma.

(p) No documents shall be removed from the office of the Licensed Operator by anyone unless authorized by Service Oklahoma. If a situation arises which warrants removal of documents required or authorized by Service Oklahoma, the Licensed Operator shall telephone Service Oklahoma at (405) 522-7000 to explain the circumstances and obtain authority.

(q) During the issuance process for an original, renewal, or replacement driver license or identification card, the applicant shall be offered the opportunity to donate One Dollar ($1.00) to the Oklahoma Organ Donor Education and Awareness Program [63 O.S. § 2220.5]. If the applicant consents to the donation, the One-Dollar donation will be added to the amount collected with the cost of the license or card. Each One-Dollar donation shall be recorded and shall be reflected on the semi-monthly reports of the Licensed Operator's designated Service Oklahoma location. The applicant shall be given the option to become or to decline becoming an organ donor by marking either the "Yes" or "No" box on the signature pad. A mark of "Yes" shall cause an organ donor symbol to be placed on the driver license or identification card. If the holder of a driver license or identification card wishes to remove the organ donor symbol from the license or card, the applicant shall make the request to the Licensed Operator and shall be asked to mark the "No" box on the signature pad. A license or card shall be issued without the organ donor symbol. The holder of a Class A, B, or C commercial driver license shall be required to appear before a Driver License Examiner to remove or add the organ donor symbol.

(r) Rules in this Chapter regarding Licensed Operators are specific and limiting. Whenever an action either is not included or is not prohibited, it shall not be construed to convey authority to perform that action within the duties, responsibilities, or authority of the Licensed Operator. Any activity performed by Licensed Operator or its employees, other than those approved in writing or through hands-on training provided by or authorized in writing by Service Oklahoma can result in termination of the Licensed Operator's ability to issue driver licenses or identification cards and/or criminal and civil prosecution.

Okla. Admin. Code § 260:135-3-62

Transferred from 595:10-1-51 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023