Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-4-3 - Definitions3.1. Birth Certificate. Means the certified original or certified copy of a birth certificate issued by a state or other governmental agency of the United States, its territories, or Puerto Rico responsible for the collection of vital records indicating a person's name and date of birth. The term birth certificate also means a Consular Report of Birth Abroad of a Citizen of the United States in a form authorized by Federal Law. For the purposes of this rule, a document issued by a hospital is not considered a birth certificate. For the purposes of this rule, the term birth certificate shall also include a valid United States Passport or a military identification card subject to the provisions of WV Code § 17B-2-8(i).3.2. Certified. Means a validation of a document by a state or other governmental agency responsible for the issuance, collection or verification of documents with a raised or stamped seal indicating the authenticity of the document. Duplicate copies, notarized copies not certified by the issuing agency are not acceptable.3.3. Court Order. Means an original or copy of a court's official determination or final order.3.4. Divorce Decree. Means an original or copy of a court's judgment or decree dissolving a marriage.3.5. Driver's License. Means any permit or license issued by this state or any other state or jurisdiction which authorizes a person to operate a motor vehicle including an instruction permit, level 1, 2, or 3 driver's license or a commercial driver's license.3.6. Full Legal Name. Means a person's first name, middle names or family names and last name without the use of initials or nicknames as established by identity documents.3.7. United States Citizen and Immigration Services or USCIS. Means the United States Department of Homeland Security, Citizen and Immigration Services or if applicable, the Immigration and Custom Enforcement Agency or either's successor agency of the United States Department of Homeland Security. Wherever the term United States Immigration and Naturalization Services or INS is used, it shall be construed as referring to its successor agency, the United States Citizen and Immigration Services or if applicable the Immigration and Customs Enforcement Agency.3.8. Marriage Certificate. Means the original or copy of the record of marriage verified by the state or other governmental agency responsible for the collection or verification of marriage records.3.9. Residence Address. Means the address of the applicant's principal residence required to be on the face of the driver's license document by the provision of West Virginia Code § 17B-2-8 with the exception of: 3.9.a. An applicant who can verify that his or her principal residence is physically located in West Virginia but who has no fixed address or designated address to which mail can be delivered by the United States Postal Service and who must use another address for the purposes of receiving mail;3.9.b. Addresses protected under the provisions of the Violence Against Women and Department of Justice Reauthorization Act of 2005 or another state sponsored address confidentiality program;3.9.c. Addresses protected under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996;3.9.d. Addresses on restricted driver's licenses issued under the provision of the alcohol test and lock program established under the provisions of West Virginia Code § 17C-5A-3a; or3.9.e. Addresses on licenses issued to participants in witness protection programs, law enforcement officers, prosecutors or members of the judicial system who in opinion of the commissioner face substantial risk of harm if his or her license contains their residence address.3.10. Social Security Card. Means the official document issued by the Social Security Administration (SSA) indicating the social security number assigned to a person. The Division requires the social security number of every applicant for a driver's license or identification card or holder of a driver's license or identification card as required by the provisions of the Personal Responsibility and Work Opportunity Act of 1996 as amended at 42 U.S.C. § 666(a)(13) and as authorized by the provisions of the Tax Reform Act of 1976 as amended at 42 U.S.C. § 405(c). The social security card is the proof of the actual issued number. For the purposes of this rule, except when the United States Social Security Administration electronically or otherwise fails to verify the match between the submitted name and number; the term social security card or proof of social security number shall also include;3.10.a. A military identification card with the social security number issued to the applicant indicating active, retired, reserve or dependent status in the military of the United States in accordance with West Virginia Code § 17B-2-8(i).3.10.b. A Wage and Tax Statement Form W-2 or payroll stub with the applicant's employer's name and employer identification number, the applicant's social security number and the applicant's name and address; or3.10.c. A Social Security 1099 Form with the applicant's full social security number and the applicant's full legal name; and3.10.d. At the discretion of the Division, an applicant who is not a citizen of the United States but who presents proof of legal presence, identity and residency in this state in accordance with this rule, who is not eligible to receive a social security number may present a written statement subject to verification in the manner prescribed by the Commissioner, that he or she is not eligible for a social security card in lieu of a social security card and social security number.3.10.e. In lieu of a social security card as proof of social security number, the following documents may be used to obtain a not for federal use driver's license or a not for federal use identification card:(i) An original or copy of a certified Military Discharge Form DD 214 issued by the U.S. Military, with the social security number; or(ii) A Medicare card issued in the applicant's full name, which contains the applicant's social security number and the signature of the applicant as the card holder.3.10.f. In the Commissioner's discretion, the Division may accept a social security number provided by any applicant for a driver's license or identification card without a document presented as proof of social security number when the United States Social Security Administration verifies the social security number electronically, except for license types where a social security card or document submission is mandated by federal law or regulation.3.11. State. - Means a state of the United States, the District of Columbia, Puerto Rico, The Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.3.12. Valid Driver's License. - Means a driver's license issued to a person whose privilege to operate a motor vehicle has not expired, and is not currently suspended, revoked or cancelled for any reason.