California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 1 - Department of Motor Vehicles
Article 2.0 - Driver Licenses and Identification Cards
Section 16.06 - Secondary Review

Universal Citation: 13 CA Code of Regs 16.06

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) If an applicant is unable to comply with subsections (a) or (b) of Section 16.04, the applicant shall present sufficient information to enable the department's investigative division to verify the applicant's identity as stated in the application for a driver's license. The applicant shall establish residency by submitting a document as specified in Section 16.10. The applicant shall establish identity by participating in an interview at the department's investigative division and submitting as many as possible of the following documents:

(1) School documents, including any document issued by a public or private primary, or secondary, or post-secondary institution, college, or university that either includes the applicant's date of birth, or if a foreign school document, is sealed by the school and includes a photograph of the applicant at the age the record was issued.

(2) Documents issued by or filed with a government within the United States or the United States government as follows:
(A) U.S. Department of Homeland Security (DHS) Form I-589, (Application for Asylum and for Withholding of Removal);

(B) U.S. DHS Form I-20 (Certificate of Eligibility for Nonimmigrant (F-1) Student Status -- For Academic and Language Students or Certificate of Eligibility for Nonimmigrant (M-1) Student Status -- For Vocational Students);

(C) U.S. DHS Form DS-2019 (Certificate of Eligibility for Exchange Visitor (J-1) Status);

(D) Court documents where the applicant is named as a party to the court proceeding;

(E) Income tax returns;

(F) A driver's license.

(3) Documents pertaining to civil marital status or civil unity, including marriage licenses or domestic partner registrations; if the language on the marriage license is in a language other than English, the marriage license shall be accompanied by a certified translation or an affidavit of translation into English.

(4) Divorce decrees; if the language on the decree is in a language other than English, the decree shall be accompanied by a certified translation or an affidavit of translation into English.

(5) Foreign passport, consular identification card, foreign national identification card, or a foreign driver's license. If the foreign driver's license is in a language other than English, it shall be accompanied by a certified translation or an affidavit of translation into English.

(6) Identification cards that contain a photograph of the applicant issued by a government within the United States or the United States government.

(7) Birth documents including a birth certificate or adoption records.

(8) Any of the above documents that list the applicant's spouse, domestic partner, child, parent or legal guardian provided the applicant also provides a birth certificate, adoption records, marriage license, or domestic partner registration to trace the relationship.

(b) The department may determine that additional documents will assist in verifying an applicant's identity on a case-by-case basis.

(c) The applicant shall be informed by the department that the documents must be subjected to a secondary review before the application for license can be completed.

(1) The applicant shall be given a Secondary Review Referral Notice, form DL 209A (Rev. 4/2017), which is hereby incorporated by reference, and instructed to make an appointment with the department's investigative division to complete the review process.

(2) The secondary review may include, but not be limited to, an interview of the applicant, or the use of electronic verification systems and manual methods.

(d) When an applicant's identity has been verified by the secondary review, the applicant shall be instructed by the department to make an appointment with a department field office to complete the application and testing process.

1. New section filed 12-1-2014 as an emergency; operative 1-1-2015 (Register 2014, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-30-2015 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2014 order, including amendment of subsections (a) and (c)(1), transmitted to OAL 5-7-2015 and filed 6-19-2015; amendments effective 6-19-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 25).
3. Amendment of subsection (c)(1) filed 8-23-2016; operative 10-1-2016 (Register 2016, No. 35).
4. Change without regulatory effect amending Form DL 209A (incorporated by reference) and amending subsection (c)(1) filed 5-15-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 20).

Note: Authority cited: Sections 1651 and 12801.9, Vehicle Code. Reference: Sections 12800, 12800.7, 12801 and 12801.9, Vehicle Code.

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