280 R.I. Code R. 280-RICR-30-00-1.4

Current through October 25, 2024

Section 280-RICR-30-00-1.4 - Operators' Licenses, Chauffeurs' Licenses and Identification Cards

1.4.1 Application

A. Application for an operator's license or chauffeurs' license, issued pursuant to R.I. Gen. Laws § 31-10-26, or identification card, issued pursuant to R.I. Gen. Laws § 3-8-6 or §3-8-6.1, shall be made on the forms proscribed by the Division of Motor Vehicles.

B. An applicant for an operator's license, chauffeurs' license or identification card shall present the following original documentation (photocopies will not be accepted) at the time such application is made:

1. one Proof of Identity document;

2. two Proof of Residency documents; and

3. proof of a social security number.

C. Proof of Identity

1. Must be demonstrated with one of the following documents bearing the applicant's legal name and date of birth:

a. A valid, unexpired U.S. passport;

b. A certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's State of birth;

c. A Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or FS-545;

d. A valid, unexpired Permanent Resident Card (Form I-551) issued by DHS or INS;

e. An unexpired employment authorization document (EAD) issued by DHS, Form I-766 or Form I-688B;

f. An 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;

g. A Certificate of Naturalization issued by DHS, Form N-550 or Form N-570; or

h.. A Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.

2. Proof of a change to the name contained on the applicant's identity document must be demonstrated with a document issued by an authorized government agency.

D. Proof of Residency must be demonstrated with two of the following documents:

1. A utility bill (gas, electric, telephone, cable, oil, water, sewer, satellite, heat, cell phone) in the applicant's name or in the name of a member of the applicant's immediate family dated within sixty (60) days of presentation;

2. A personal check or bank statement with the applicant's name and address dated within sixty (60) days of presentation. P.O. Box addresses will not be accepted;

3. A payroll check with the applicant's name and address dated within sixty (60) days of presentation;

4. A lease agreement in effect at the time of presentation. The lease agreement must contain the applicant's name and address and the landlord's name, address, and telephone number. Handwritten lease agreements will not be accepted;

5. A letter issued by a Rhode Island state agency or a federal agency with the applicant's name and address approving the applicant's receipt of benefits from an entitlement program dated within sixty (60) days of presentation;

6. A homeowner's or renter's insurance policy for the applicant's home or apartment with the applicant's name and address that is in effect at the time of presentation;

7. An automobile insurance policy for the applicant's motor vehicle with the applicant's name and address that is in effect at the time of presentation;

8. A property tax bill for the applicant's residence from the year immediately preceding the date of presentation;

9. If the applicant is a minor, in addition to any of the proof of residency documents in § 1.4.1(D) of this Part, the following are accepted:

a. a school record (a report card, diploma, transcript, or ID card) which includes the student's address and is for the current school year (or past year if during summer vacation);

b. the Rhode Island driver's license or identification card of the individual signing the minor's application pursuant to R.I. Gen. Laws § 31-10-14;

10. A letter from a Rhode Island shelter or halfway house indicating that the applicant resides at the facility. Such a letter must be on letterhead, must be dated within thirty (30) days of presentation, and must include the name and contact information of an administrator of the shelter or halfway house;

11. A jury duty summons dated within sixty (60) days of presentation;

12. A W-2 form with the applicant's name and address from the year immediately preceding the date of presentation;

13. An installment loan contract (automobile, student loan) with the applicant's name and address that is in effect at the time of presentation;

14. A current Social Security Administration statement with the applicant's name and address;

15. A current pension or retirement account statement with the applicant's name and address;

16. A Rhode Island issued firearms permit with the applicant's name and address that is in effect at the time of presentation; or

17. A valid Rhode Island driver's license or identification card.

E. Proof of a Social Security Number

1. Must be demonstrated with one of the following documents:

a. An official Social Security Card (Laminated cards are acceptable.);

b. A letter issued by the Social Security Administration stating that the applicant is not eligible to receive a social security number;

c. A W-2 form bearing the applicant's full name and full social security number issued within the last five (5) years;

d. A 1099 form bearing the applicant's full name and full social security number issued with the last five (5) years; or

e. A pay stub bearing the applicant's full name and full social security number issued within the last five (5) years;

2. In the event an individual's social security number is not already on file with the Division, documentary proof of a social security number, as provided in this subsection, shall be provided at the time of renewal. All social security numbers will be verified electronically with the Social Security Administration.

F. Applicants that demonstrate proof of residency in accordance with §1.4.1(D) of this Part, proof of a social security number in accordance with §1.4.1(E) of this Part, and proof of identity with one of the following documents that bears the applicant's legal name and date of birth are eligible to receive an operator's license, chauffeurs' license or identification card that does not meet the requirements of 6 C.F.R. Part 37 :

1. A U.S. Active Service, Retiree, or Reservist Military ID Card;

2. A Native American Tribal ID Card;

3. A valid U.S. Driver's License with photograph, signature, and date of birth (must not be expired for more than one year);

4. A valid U.S. Territory Driver's License with photograph, signature, and date of birth (must not be expired for more than one year);

5. A valid Canadian Driver's License with photograph, signature, and date of birth (must not be expired for more than one year);

6. An employment authorization document (EAD) issued by DHS, Form I-766, that indicates a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) Program; or

7. Any of the identity documents in §1.4.1(C) of this Part.

1.4.2 Grounds for Denial

A. The Division of Motor Vehicles shall not issue an operators' license, chauffeurs' license or identification card to an applicant if:

1. The applicant fails to fulfill all of the requirements of §1.4.1 of this Part;

2. The applicant is not entitled to the issuance of a license pursuant to R.I. Gen. Laws § 31-10-3;

3. The applicant is not entitled to the issuance of an identification card pursuant to R.I. Gen. Laws §§ 3-8-6 or 3-8-6.1; or

4. The applicant is not entitled to such issuance under any other provision of law.

1.4.3 Application for Permanent license at Expiration of "First License" - Special Jurisdiction

Pursuant to R.I. Gen. Laws § 31-10-26(e), the Rhode Island Traffic Tribunal has jurisdiction to determine if a person should be granted an operator's license, be reissued a first license, or be denied a license to operate a motor vehicle, if that applicant has been adjudicated for committing one moving motor vehicle violation, has been involved in one reportable motor vehicle accident, or both during the period of time the person held a "first license." The person shall be summoned for a hearing before a judge of the Traffic Tribunal at which time the person's driving record will be reviewed.

1.4.4 Denial of License for Nonpayment of Delinquent Child Support

Pursuant to R.I. Gen. Laws § 31-2-23, no individual who has an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown by the Rhode Island Family Court, Department of Human Services, or Child Support Enforcement computer system ("CSE system") may obtain an original license or renewal of a license to operate a motor vehicle, until all child support order arrearages have been paid in full or a satisfactory arrangement for payment has been made with the Family Court, and payment has been certified to the Division of Motor Vehicles by the Department of Human Services.

1.4.5 Expired License Retesting Requirement

In the event that an operator's license has been expired for a period of more than five (5) years, the Division of Motor Vehicles requires the applicant to successfully complete both the written examination and road test as required of a new license applicant. If the expired operator's license is from a state other than Rhode Island and has been expired for more than one year, the Division of Motor Vehicles requires the applicant to successfully complete both the written examination and road test as required of a new license applicant.

1.4.6 Grounds for Suspension

The Division of Motor Vehicles is authorized to suspend the license of an operator or chauffeur without preliminary hearing pursuant to R.I. Gen. Laws § 31-11-7.

1.4.7 Grounds for Revocation

The Division of Motor Vehicles is authorized to revoke the license of an operator or chauffeur pursuant to R.I. Gen. Laws § 31-11-6.

1.4.8 Grounds for Cancellation

The Division of Motor Vehicles is authorized to cancel any operator's or chauffeur's license pursuant to R.I. Gen. Laws § 31-11-1. B. The Division of Motor Vehicles is authorized to cancel any identification card pursuant to R.I. Gen. Laws §§ 3-8-6 and 3-8-6.1.

1.4.9 Notice of Denial, Suspension, Revocation or Cancellation

A. The Division of Motor Vehicles shall notify in writing any individual whose application for an operator's or chauffeur's license has been denied, or license has been suspended, revoked, or cancelled. The notice shall contain the legal and factual basis for the denial, suspension, revocation, or cancellation, the procedure for requesting a hearing and a description of the individual's rights during the appeals process.

B. If the denial, suspension, revocation, or cancellation is based on mental or physical fitness, the notice must reference the specific functional standard used by the division as promulgated pursuant to R.I. Gen. Laws § 31-10-44(b).

1.4.10 Notice of Proposed Suspension

A. When the Division of Motor Vehicles proposes to suspend an operator's license for reasons other than those authorized in § 1.4.6 of this Part, prior to suspension the Division shall inform the individual of his or her right to request a hearing. The notice shall contain the legal and factual basis for the proposed suspension, the procedure for requesting a hearing and a description of the individual's rights during the appeals process.

B. If the individual requests a hearing, no action to suspend, revoke, or cancel his or her license shall be taken by the Division until after a hearing has been held in accordance with § 1.4.11 of this Part and a decision has been rendered by the hearing officer.

1.4.11 Hearing

A. Upon receiving a hearing request from an individual whose license has been denied, suspended, revoked, or cancelled, the Division shall afford a hearing as early as practical, but no later than twenty (20) days after receiving the request.

B. Conduct of hearing. An individual whose license has been denied, suspended, revoked, or cancelled, will be afforded the following rights at the hearing:

1. an in person hearing before an impartial decision-maker;

2. the opportunity to compel the production of documents and witnesses, including members of the Division of Motor Vehicles' Medical Advisory Board;

3. the opportunity to confront and cross-examine witnesses;

4. access to all of the evidence upon which the Division of Motor Vehicles relied in making its determination; and

5. the right to present any and all relevant evidence including the right to obtain and present the results of a recently administered road test.

C. Burden of Proof. The Division of Motor Vehicles has the burden to prove the existence of the grounds for the denial, suspension, revocation, or cancellation. If the grounds for the determination are lack of mental or physical fitness, the burden is on the Division of Motor Vehicles to prove such lack of fitness by clear and convincing evidence.

D. Subpoenas and Oaths. For the purpose of the hearing procedures described in §1.4.11(B) of this Part, the Administrator of the Division of Motor Vehicles or his or her duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee.

E. Decision. After the hearing conducted pursuant to §1.4.11(B) of this Part, the Division of Motor Vehicles shall issue a written decision based solely on the evidence adduced at the hearing and containing the legal and factual basis for the determination. The Division of Motor Vehicles may rescind its order of denial, suspension, revocation, or cancellation; determine that denial, suspension, revocation or cancellation is not warranted; or may continue, modify, or extend the suspension of the license, may revoke the license, may deny the license application, or may cancel the license.

1.4.12 Appeal

A. Appeal from the Administrator - Any person aggrieved by any order of the Administrator of the Division of Motor Vehicles regarding license suspension, revocation, denial, or cancellation may appeal the order to the Sixth Division District Court by filing, within ten (10) days from the date of the notice to such person of the Issuance of the order appealed from, a petition in the Sixth Division District Court stating the grounds upon which the appeal is taken.

B A party aggrieved by a final order of the court may seek further appellate review pursuant to the procedures set forth in R.I. Gen. Laws § 42-35-15.

280 R.I. Code R. 280-RICR-30-00-1.4

Amended effective 12/3/2018