Okla. Admin. Code § 670:15-1-3
Current through Vol. 41, No. 24, September 3, 2024
Section 670:15-1-3 - Procedures for obtaining an initial driver license(a)Application.(1) Every applicant for an initial Oklahoma driver license shall appear before a Driver License Examiner or licensed operator [47 O.S. §6-110]. An application for a driver license must be completed either by the applicant at the Driver License Examination Station or online, when an electronic process is made available by Service Oklahoma, prior to the commencement of the required examination. Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct, and the State must retain this declaration. An applicant must sign a new declaration when presenting new source documents to Service Oklahoma or certified licensed operator on subsequent visits. An emergency contact name, address and phone number may be included on the application. [See OAC 670:15-1-17 for more information on emergency contact.] (2) Upon submitting a completed and approved application, providing proof of identity as provided for in (b) of this Section and proof that the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S., § 1550.42(B)], or having valid documentary evidence of lawful presence in the United States, and meeting all statutory requirements and successfully completing every required examination, the applicant may, if paying with an accepted credit card, be issued a temporary driver license by Service Oklahoma after paying the required fees or proceed to a Certified Licensed Operator and present the approved application form issued by the Driver License Examiner along with the same identification presented to the examiner, and paying the required fees, the applicant will be issued a temporary driver license. The actual license will be mailed to the customer.(3) For each individual applying for an Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential, the State must take a retain a photograph of the applicant's face and collect and retain the applicant's finger images, with or without the issuance of any type of Oklahoma credential.(4) A person who has been declared to be a disabled veteran receiving compensation at the 100% rate for a permanent disability shall receive an original, renewal, or replacement driver license or identification card at no charge, upon presentation of one of the following documents: (A) proof of 100% status from the U.S. Department of Veterans Affairs, or(B) a tax-exempt card from the Oklahoma Tax Commission showing exemption from state tax based upon 100% status.(b)Required documents for a REAL ID Compliant Driver License.(1)Proof of identity. To establish identity, the applicant must present at least one of the following source documents:(A) Valid, unexpired U.S. passport.(B) Original or certified copy of the applicant's birth certificate filed with a State Office of Vital Statistics or equivalent agency in the applicant's State of birth.(C) Consular Report of Birth Abroad (CRBA) 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 United States Department of Homeland Security (DHS) or United States Citizenship and Immigration Services (USCIS).(E) Unexpired employment authorization document (EAD) issued by DHS, Form I-766 or Form I-88B. (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. The following documents of passport classifications shall be accepted for the purpose of issuing a driver license or identification card: (i) I-766 Employment Authorization Card,(ii) I-511 Resident Alien/Permanent Resident Card [see (B)],(xi) F-2, with Form I-20,(xxiv) J-1, with IAP-66 or DS-2019,(xxv) J-2 (dependent of J-1 holder, must be accompanied by J-1 holder),(xxxi) M-2 (dependent of M-1 holder, must be accompanied by M-1 holder),(liii) TC, with I-94 or letter form I-797,(G) Certificate of Naturalization issued by DHS, Form N-550 or Form N-570.(H) Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.(I) REAL ID Compliant driver's license or identification card issued in compliance with the standards established by this part.(J) Such other documents as DHS may designate by notice published in the Federal Register.(2)Name Change. If an applicant wishes to establish a name other than the name that appears on the source document (for example, through marriage, adoption, court order, or other mechanism permitted by State law or regulation), the applicant must provide evidence of the name change through the presentation of documents issued by a court, governmental body, or other entity as determined by Service Oklahoma. Service Oklahoma shall maintain copies of the documentation presented and maintain a record of both the recorded name and the name on the source documents as determined by Service Oklahoma. If immigration documents are presented, the customer must provide proof of the updated name change with USCIS or SAVE.(3)Proof of Date of Birth. To establish date of birth, an individual must present at least one document included in paragraph (1) of this section.(4)Proof of Social Security Number (SSN). An applicant for a REAL ID Compliant driver license must present his or her Social Security Administration account number. Service Oklahoma or a Licensed Operator must verify the SSN with the Social Security Administration (SSA). In the event of a non-match with SSA, Service Oklahoma shall not issue a REAL ID Compliant driver license until the information is verified with SSA.(5)Documents demonstrating address of principal residence. To document the address of principle residence, an applicant must present at least two documents of the State's choice that include the individual's name and principal residence. Acceptable documents to prove address of principal residence are: (A) Copy of previous tax year's federal or Oklahoma income tax return filing.(B) Current and valid life insurance, or automobile liability policy or card with address.(C) Installment loan contract from a bank or other financial institution, not to include documents reflecting a cash advance or signature loan.(D) Current Deed, mortgage, monthly mortgage statement, or a residential lease.(E) Current homeowner's or renter's insurance policy or statement.(F) Professional license issued by an Oklahoma governmental agency.(G) Property tax bill or receipt dated within the last 12 months.(H) Sales tax or business license.(I) SSA document with Oklahoma street address dated within the last 12 months.(J) Transportation Security Administration (TSA) letter.(K) Utility bill from an electric, telephone (home or cell), water, sewer, cable, satellite, heating oil, or propane provider.(L) Valid handgun permit.(M) Certified copy of court order.(N) Oklahoma Boat Title or Registration.(O) Current documents issued by the US Military.(P) Oklahoma Motor Vehicle Title or Registration.(Q) Government-issued Pilot license.(R) Public assistance benefit card and correspondence dated within the last 12 months.(S) W-2 wage or 1099 tax form from the previous year.(T) Oklahoma Registration Card.(U) Tribal vehicle titles or registration.(V) Oklahoma high school, college, university, or technology center transcript for current school year or semester.(W) Oklahoma Agriculture Exemption Permit (farm tax permit).(X) Correspondence from an Oklahoma State agency with current address dated within the last year.(Y) If none of the proofs listed in this subsection are available, any other documentation as provided by the Driver License Examiner Supervisor or Director may be substituted to establish the applicant's principal place of residence. The Driver License Examiner shall list the approved alternative documentation on the application form.(6)Evidence of lawful status in the United States. Service Oklahoma may issue a REAL ID Compliant driver license only to an applicant who has presented satisfactory evidence of lawful status. (A) If the applicant presents one of the documents listed under paragraph (b)(1), the verification of the applicant's identity will also provide satisfactory evidence of lawful status.(B) If the applicant presents one of the identity documents listed under paragraph (b)(1) of this section, or the issuing State's verification of the identity document(s) does not provide satisfactory evidence of lawful status, the applicant must also present a second document from documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS. All documents shall be verified by the SAVE.(c)Required identification for REAL ID Non-Compliant Driver License. Every applicant must provide documentation to show proof of identity [47 O.S. § 6-106(A)(3)], to include whether the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S. § 1550.42(B)], and proof of a full legal name and birth date beyond any reasonable doubt when applying for an initial Oklahoma driver license. Any document furnished must be either an original document or a certified copy of an original document issued by the proper authority; notarized documents will not be accepted. Any document presented shall be unexpired unless otherwise noted in this Section. Any document whose authenticity cannot be verified, or that has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with, or altered in any manner or that cannot be read by the Driver License Examiner shall not be accepted or used for identification purposes. All identification documents must be approved by the Driver License Examiner before acceptance. The Driver License Examiner may, at his or her discretion, request additional identification documentation of the applicant. (1)Proof of identification for original issuance to a United States citizen. The following shall be presented by the applicant as proof of identification for a citizen of the United States:(A) The applicant's original or certified birth certificate, as issued by the appropriate state agency from the state of birth. The following documents are not acceptable: (i) a hospital birth certificate or record,(ii) a birth registration, or(iii) an abstract of birth, unless the abstract is issued on secure document paper and contains the following statement: " I hereby certify that this abstract of birth facts has been provided to this office by the Department of Health, Bureau of Vital Statistics, from a document officially in its custody",(B) A United States passport,(C) For a United States citizen who is born in another country, a certification issued by the United States Department of State,(D) For a naturalized citizen of the United States, a Certificate of Naturalization issued by the United States Citizenship and Immigration Service. The name of the document must be the same as the name used by the applicant on the Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential, and for every person born in another country and adopted as a minor child by a United States citizen parent, a Certificate of Citizenship issued by the United States Citizenship and Immigration Service,(E) An Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential issued by Service Oklahoma when legal presence has been noted in record on or after November 1, 2007,(F) A State of Oklahoma identification card issued by Service Oklahoma when legal presence has been noted in record on or after November 1, 2007, or(G) If none of the forms of identification listed in this Subsection are available, any other documentation as approved by the Driver License Examiner Supervisor, Administrative Officer or Director. The Driver License Examiner shall list the approved documentation on the application form.(2)Proof of identification for renewal or replacement issuance to a United State citizen. The following shall be presented by the applicant as primary proof of identification for a citizen of the United States: (A) Finger image comparison, if a finger image is already on file with Service Oklahoma, or(B) Any proof of identification listed in (1) of this Section.(3)Proof of identification for original, renewal, or replacement issuance of a foreign national or legal permanent resident alien. As proof of identification and proof of lawful presence in the United States for a foreign national or legal permanent resident alien, an applicant shall present, in person, valid documentary evidence of one of the following: (A) A passport issued by a country other than the United States and I-94 card, when applicable. The name on the passport shall be the same as the name used by the applicant on the driver license or identification card. An I-94 card, which shall be accompanied by the applicant's passport when applicable, shall not be considered a separate identification document. The following documents or passport classifications shall be accepted for the purpose of issuing a driver license or identification card:(i) I-766 Employment Authorization Card,(ii) I-551 Resident Alien/Permanent Resident Card [see (B)],(xi) F-2, with Form I-20,(xxiv) J-1, with IAP-66 or DS-2019,(xxv) J-2 (dependent of J-1 holder, must be accompanied by J-1 holder),(xxxi) M-2 (dependent of M-1 holder, must be accompanied by M-1 holder),(liii) TC, with I-94 or letter form I-797,(B) A permanent resident alien registration card issued by the United States Citizenship and Immigration Service (USCIS) which shall include the full, legal name, sex, and date of birth of the person identified on the card. The full, legal name, sex, and date of birth on the card shall be the full, legal name, sex, and date of birth used by the applicant on the driver license or identification card. A permanent resident alien registration card holder shall be allowed to renew his or her driver license or identification card at a Service Oklahoma location, provided, no changes are made to the full, legal name, sex, or date of birth. If, pursuant to 8 C.F.R., Section 264.5, a permanent resident alien registration card holder requests a name, sex, or date of birth change to his or her driver license or identification card, the changes shall be made at a driver license exam site with the applicant showing approved documentation provided by USCIS verifying the changes; or(C) If none of the forms of identification listed in this Subsection are available, any other documentation as approved by the Driver License Examiner Supervisor, Administrative Officer, or Director. The Driver License Examiner shall list the approved documentation on the application form.(D) A pending application for any of the above documents shall not satisfy the requirements of this rule and shall not be acceptable for issuance of an original, renewal, or replacement identification card or driver license. Provided this provision shall not apply to the following:(i) A pending or approved application for asylum in the United States; or(ii) A pending or approved application for temporary protected status (TPS) in the United States; or(iii) A pending application for adjustment of status to legal permanent residence status or conditional resident status.(4)Additional identification requirements. Service Oklahoma may require additional identification documents: (A) when Service Oklahoma is unable to determine the reliability or validity of the identification document(s) presented, or(B) as provided in OAC 670:15-1-16.(d)Driver license numbers.(1) Driver license numbers shall be assigned by computer. Use of the applicant's SSN as the driver license number is prohibited [47 O.S. § 6-106(B)]; provided, every applicant shall provide Service Oklahoma with the Social Security number of the applicant [47 O.S. § 6-106(B)(12)], which shall be verified before a driver license shall be issued to the applicant. Verification shall be accomplished using the Social Security On-line Verification (SSOLV) system. Service Oklahoma shall refer any applicant to the SSA whenever the SSN cannot be verified for the applicant.(2) Any licensee may request to change his or her driver license number to any nine-digit number which is not in use or has not been previously used by making a written request to Service Oklahoma. Upon approval by Service Oklahoma, the licensee shall obtain a replacement driver license from a licensed operator, and the licensee shall pay the required fee for the replacement license [OAC 670:15-1-10].Okla. Admin. Code § 670:15-1-3
Adopted by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024