Code of Colorado Regulations
200 - Department of Revenue
204 - Division of Motor Vehicles
1 CCR 204-30 - DRIVER LICENSE-DRIVER CONTROL
16 - RULES FOR EXCEPTIONS PROCESSING
Current through Register Vol. 47, No. 5, March 10, 2024
Purpose
The purpose of this rule is to set forth regulations for an Exceptions Process and identify the alternative documents the Department will accept. Exceptions Processing is the procedure the Department has established for persons who are unable, for reasons beyond their control, to present all the necessary documents required for a Colorado or Colorado Road and Community Safety Act Driver's License or Identification Card and must rely on alternative documents. For Applicants who are U.S. citizens, Exceptions Processing allows for alternative documents to be presented that establish Identity, date of birth and U.S. citizenship. For Applicants who cannot demonstrate lawful presence or for Applicants who can demonstrate temporary or permanent lawful presence, Exceptions Processing allows for alternative documents to be presented that establish Identity and date of birth. For Applicants who do not have an established residence, Exceptions Processing allows for an alternative to establish residency.
Statutory Authority
The statutory bases for this regulation are sections 13-15-101(5) (a), 24-4-103, 24 -72.1102(5), 42-1-204, 42-1-230, 42-2-107, 42-2-136, 42-2-302, and 42-2-501, et seq., C.R.S. This regulation applies to documents issued under Title 42, Article 2, Parts 1, 2, 3, and 5.
1.0 Definitions
1.1 Applicant - Any natural person applying to the Department for a Colorado Driver's License, Identification Card or a Colorado Road and Community Safety Act Identification Document.
1.2 Asylee - A person approved by the United States Citizenship and Immigration Services or the Executive Office for Immigration Review for asylum status.
1.3 CO-RCSA - The Colorado Road and Community Safety Act, part 5 of article 42 C.R.S.
1.4 Department - The Colorado Department of Revenue.
1.5 Document - An original document certified by the issuing agency, an amended original document certified by the issuing agency, or a true copy certified by the issuing agency, excluding miniature, wallet sized, or photocopies of documents.
1.6 Driver's License - A driver's license, minor driver's license, or instruction permit.
1.7 Exceptions Processing - The procedure the Department has established for persons who are unable, for reasons beyond their control, to present all necessary Documents and must rely on alternative Documents to establish Identity, date of birth or U.S. citizenship.
1.8 Full Legal Name - The Applicant's first name, middle name(s), last name or surname, without use of initials or nicknames.
1.9 Hearing - Hearing before a Department Administrative Hearing Officer.
1.10 Identification Card - A Document issued by a Department of Motor Vehicles or its equivalent that contains the Applicant's Full Legal Name, full facial digital photograph, date of birth, and sex, but does not confer upon the bearer the right to operate a motor vehicle.
1.11 Identity - The verifiable characteristics that when taken together make a person unique and identifiable. Evidence of Identity includes proof of Full Legal Name, date of birth, and physical characteristics, and must include a verifiable photograph unless approved through Exceptions Processing.
1.12 Incomplete Application - An application that does not satisfy all the federal and state requirements for issuance of a Colorado Driver's License, Identification Card or a CO-RCSA Identification Document resulting in a Notice of Incomplete Application.
1.13 Minor Spelling Inconsistencies - Slight variations in the spelling of a full legal name such that the variations are similar in appearance or produce a phonetically similar or identical sound as pronounced.
1.14 Permanent Lawful Presence - The status of a person who is a citizen or national of the United States, a lawful permanent resident, a conditional lawful permanent resident, an asylee, or a refugee.
1.15 Refugee - A person who is approved by the Department of State for Refugee status.
1.16 SSA - The United States Social Security Administration
1.17 SSN - The Social Security Number issued by SSA.
1.18 SSOLV - The Social Security Online Verification system managed by SSA.
1.19 Temporary Lawful Presence -The status of a person whose authority to lawfully remain in the United States is temporary and who qualifies for a CO-RCSA Identification Document.
2.0 Exceptions Processing Procedures
2.1 An Applicant who has applied for a Driver's License, Identification Card or CO-RCSA Identification Document and was unable to provide the required Documents may request Exceptions Processing after being issued a Notice of Incomplete Application.
2.2 For Applicants who are U.S. citizens, Exceptions Processing shall only be used to establish Identity, date of birth and U.S. citizenship.
2.3 For Applicants who are not a citizen or national of the United States and Applicants who are applying for an Identification Document pursuant to CO-RCSA, Exceptions Processing shall only be used to establish Identity and date of birth.
2.4 If an Applicant submits any source Document that reflects a name differing from the Applicant's Full Legal Name (for example through marriage, adoption, court order or other mechanism permitted by state law or regulation), the Department shall require evidence of the name change through the presentation of Documents issued by a court, governmental body, or other entity as determined by the Department.
2.5 The Department may resolve Minor Spelling Inconsistencies in, or slight misspellings of, a full legal name through Exceptions Processing if the totality of the evidence gathered demonstrates the Applicant's Identity and the resolution is not contrary to the public interest.
2.6 If the totality of evidence gathered through Exceptions Processing establishes the Applicant's Identity, date of birth, and U.S. citizenship (where applicable), the Applicant may be issued a Colorado Driver's License, Identification Card, or CO-RCSA Identification Document.
2.7 If the totality of evidence gathered through Exceptions Processing does not establish the Applicant's Identity, date of birth, and U.S. citizenship (where applicable), the Applicant shall be issued a Notice of Denial and thereafter may request a Hearing with the Hearings Section of the Department.
2.8 For Applicants who do not have an established residence, proof of residency Documents are waived if an Applicant provides a letter on letterhead, signed by an authorized staff member of a homeless shelter, certifying that the individual is homeless and is registered at the shelter.
3.0 Exceptions Processing to Establish Identity and Date of Birth for U.S. citizens.
3.1 The following Documents or combination of Documents may be used to establish an Applicant's Identity and date of birth:
4.0 Exceptions Processing for U.S. Citizens Using Alternative Documents to Establish U.S. Citizenship.
4.1 An Applicant may use alternative Documents to establish U.S. citizenship.
4.2 The following Documents or combination of Documents may be accepted in support of an Applicant seeking to establish U.S. citizenship:
5.0 Exceptions Processing to Establish Identity and Date of Birth for Non-Citizens with Permanent Lawful Presence.
5.1 The following Documents or combination of Documents may be used to establish an Applicant's Identity and/or date of birth:
6.0 Exceptions Processing to Establish Identity and Date of Birth for Non-Citizens Who Cannot Demonstrate Lawful Presence or Non-Citizens Who Can Demonstrate Temporary Lawful Presence.
6.1 The following Documents or combination of Documents may be used by an Applicant to establish Identity and/or date of birth
7.0 Process for Translation
7.1 All Documents provided to the Department by the Applicant shall be in English or have been translated into English.
7.2 The original and corresponding translated Documents shall be presented together at the time of application.
7.3 All documents translated must have the following included at the end (must be typed or electronically printed on the same page as the translation, not on separate pieces of paper or the translation will not be accepted by the Department):
7.4 All translated Documents and information required by rule 8.3 shall be included in the Applicant's permanent motor vehicle record.
7.5 Applicants are responsible for all costs of translation.
8.0 Denial of Application
8.1 If an application is incomplete or the Applicant has failed to provide Documents verifiable by the Department for Identity, date of birth or U.S. citizenship, the Department may provide a Notice of Denial.
8.2 Nothing in this regulation shall be construed to prevent the Department from denying an application on the basis that an Applicant has presented Documents that are fraudulent or that are not secure and verifiable.
8.3 Nothing in this regulation restricts or prohibits the Department from verifying any Documents presented by an Applicant.
8.4 An application may be denied or canceled if the Applicant presents fraudulent or altered Documents or commits any other fraud in the application process. If the authenticity of a Document cannot be verified, then the application may be considered incomplete and additional documentation may be required.
9.0 Hearing and Final Agency Action
9.1 An Applicant who has received a Notice of Denial may, within 60 days of the date of the Notice of Denial, request a Hearing on the denial by filing a written request for Hearing with the Hearings Section of the Department at 1881 Pierce St. Entrance B, #112, Lakewood, CO 80214.
9.2 Hearings shall be held in accordance with the provisions of the State Administrative Procedure Act and the provisions of Title 42 of Colorado Revised Statutes.
9.3 The only issue at Hearing shall be whether the Applicant has satisfied federal and state requirements for the issuance of a Colorado Driver's License, Identification Card, or CO-RCSA Identification Document.
9.4 The hearing officer shall issue a written decision. If the hearing officer finds that the Applicant has not satisfied state and federal requirements for the issuance of a Colorado Driver's License, Identification Card, or CO-RCSA Identification Document, then the denial shall be sustained. If the hearing officer finds that Applicant has satisfied state and federal requirements for the issuance of a Colorado Driver's License, Identification Card, or CO-RCSA Identification Document, then the denial shall be rescinded and the Department shall issue a Colorado Driver's License, Identification Card, or CO-RCSA Identification Document.
9.5 The decision by the hearing officer shall constitute final agency action, and is subject to judicial review as provided by section 24-4-106, C.R.S.