Section 1340-01-13-.11 - APPLICATION REQUIREMENTS(1) Applicants for commercial driver licenses, non-commercial driver licenses, intermediate driver licenses, instructional permits, photo identification licenses, temporary driver licenses, temporary intermediate driver licenses, temporary instructional permits and temporary photo identification licenses shall complete in full an application prior to the issuance of such licenses and permits.(2) Each application shall state: full legal name; date and place of birth; sex; race; county of residence; current legal residential address; height; weight; hair color; eye color; social security number; questions pertaining to the financial responsibility laws and to physical conditions; and any other information the Department may require to determine the applicant's identity, competency, and eligibility.(3) Applicants shall present positive proof of date of birth and identity, and verification of additional items as shall be required, including social security number and change of name. Acceptable primary identification and verification documents shall include but not be limited to those specified in 1340-1-13-.12.(4) Applicants shall submit with their application the appropriate fee for the license or temporary license, including any required endorsement fees and a non-refundable application fee.(5) Applicants shall surrender any license in possession at the time of application, except for out-of-state identification cards.(6) Applicants under eighteen (18) years of age must also fulfill the requirements specified in 1340-1-13-.13.(7) Applicants for commercial driver licenses shall satisfy such additional requirements as set forth by the Secretary in 49 C.F.R. § 383(1992).(8) Applicants applying for a driver license shall present proof acceptable to the Department that such applicant is a United States citizen or a lawful permanent resident of the United States. Such proof may include but not be limited to the following: (a) Official Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Swain's Island, Guam);(b) U.S. Government-issued Certified Birth Certificate;(c) U.S. Certificate of Birth Abroad (DS-1350 or FS-545);(d) Report of Birth Abroad of a Citizen of the U.S. (FS-240);(e) Valid or expired U.S. Passport;(f) Certificate of Citizenship (N560 or N561);(g) Certificate of Naturalization (N550, N570 or N578);(h) Unexpired U.S. Active Duty/Retiree/Reservist Military ID Card (DOD DD-2);(i) U.S. Citizen Identification Card (I-197, I-179);(j) Permanent Resident Card (I-551);(k) Foreign passport stamped "Processed for I-551";(l) Permanent resident Re-entry Permit (I-327);(m) Temporary I-551 stamp on Form I-94, Arrival/Departure Record, with photograph of the applicant;(n) U.S. Department of Receptions and Placement Program Assurance Form (Refugee) and I-94 stamped refugee; or(o) Form I-94 Record of Arrival and Departure stamped Asylee, Parolee or Parole, refugee, asylum, HP (humanitarian parolee or PIP (public interest parolee).(9) Applicants applying for a temporary driver license, temporary intermediate driver license, temporary instructional permit or temporary photo identification license whose presence in the United States has been authorized by the federal government for a specific purpose and for a specific period of authorized stay shall present proof acceptable to the Department of such authorized stay. Such proof may include, but not be limited to the following:(a) Conditional Resident Alien Card (I-551) valid for two (2) years;(b) Valid Foreign Passport with Visa and unexpired I-94;(c) Valid Foreign Passport with Visa and unexpired I-94 or I-94W (from Visa Waiver Program Participating Country).1. Holders of F/1F/2 Visa should present a valid SEVIS I-202. Holders of J1/J2 Visa should present a valid DS-2019; or(d) Temporary Resident Identification Card (I-688).(e) Valid employment authorization card (I688B or I766).(10) The Commissioner is authorized to adopt the rules and regulations, exemptions and policies promulgated by the United States Secretary of Homeland Security. The Department is also authorized to utilize any verification process to comply with any rules and regulations, exemptions and policies promulgated by the United States Secretary of Homeland Security.Tenn. Comp. R. & Regs. 1340-01-13-.11
Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed July 27, 2004; effective November 26, 2004. Public necessity rule filed September 24, 2007, effective through March 7, 2008. Public necessity rule filed September 24, 2007, expired March 8, 2008. Public necessity rule filed March 11, 2008, effective through August 23, 2008. Amendments filed December 3, 2007; effective April 29, 2008.Authority: T.C.A. §§ 55-50-202, 55-50-312, 55-50-321, 55-50-322, 55-50-331, 55-50-336, 55-50-406, 55-50-410, Public Chapter No. 194, 2007, Public Acts of 2004; Chapter 778, and 49 C.F.R. §383(1992) and § 391.41(1989).