Current through Register Vol. 47, No. 13, December 25, 2024
A person who applies for a new Iowa driver's license or
nonoperator's identification card, including a person who currently holds a
license or card issued by another state or foreign jurisdiction, shall submit
proof of identity, date of birth, social security number, Iowa residency and
current residential address, and lawful status in the United States.
(1)
Verification of identity and date
of birth. To establish identity and date of birth, an applicant must
submit at least one of the following documents. The department may require
additional documentation if the department believes that the documentation
submitted is questionable or if the department has reason to believe that the
person is not who the person claims to be.
a.
A valid, unexpired U.S. passport or U.S. passport card.
b. A certified copy of a birth certificate
and, if applicable, a certified amended or new birth certificate showing a
change in name, date of birth, or sex, filed with a state office of vital
statistics or equivalent agency in the applicant's state of birth. The birth
certificate must bear the issuing authority's certification of authenticity. A
hospital-issued certificate is not acceptable. As used herein, "state" means a
state of the United States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
c. A Consular Report of
Birth Abroad 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 the U.S. Department of Homeland
Security or U.S. Immigration and Naturalization Service.
e. An unexpired employment authorization
document issued by the U.S. Department of Homeland Security (Form I-766 or Form
I-688B).
f. An unexpired foreign
passport with a 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 the U.S. Department of Homeland Security (Form N-550 or Form
N-570).
h. A Certificate of
Citizenship (Form N-560 or Form N-561) issued by the U.S. Department of
Homeland Security.
i. A REAL ID
driver's license or identification card issued in compliance with the standards
established by 6 CFR Part 37 .
j.
Such other documents as the U.S. Department of Homeland Security may designate
as acceptable proof of identity and date of birth for REAL ID purposes by
notice published in the Federal Register.
k. An Inmate Descriptor Inquiry, Client
Information Inquiry or Offender Snapshot document issued by the Iowa department
of corrections or the United States District Court, Northern and Southern
Districts of Iowa. The document must contain the applicant's full legal name
and date of birth and be notarized. An applicant who provides only a document
listed in this paragraph shall not be eligible for a driver's license or
nonoperator's identification card marked as acceptable for federal purposes
under 6 CFR Part 37 .
(2)
Verification of social security
number.
a. Except as provided in
paragraph 601.5(2)
"b," an applicant must present proof of the
applicant's Social Security Administration's account number.
b. An applicant who establishes identity by
presenting the identity document listed in paragraph 601.5(1)
"f" (unexpired foreign passport with a valid, unexpired U.S.
visa affixed and accompanied by the approved I-94 form documenting the
applicant's most recent admittance into the United States) must present proof
of the applicant's social security number or demonstrate non-work authorized
status.
(3)
Verification of Iowa residency and current residential
address.
a. To document Iowa
residency and current residential address, an applicant must present two
documents that include the applicant's name and current Iowa residential
address and that demonstrate residency in the state of Iowa. Acceptable
documents are documents issued by a person, organization, or entity other than
the applicant, that include the issuer's name and address, include the
applicant's name and current residential address, and demonstrate residency in
the state of Iowa. The documents must be reasonable, authentic documents
capable of verification by the department.
b. The address must be a street or highway
address, and may not be a post office box. In areas where a number and street
name have not been assigned, an address convention used by the U.S. Postal
Service is acceptable. The current residence of a person with more than one
dwelling is the dwelling for which the person claims a homestead tax credit
under Iowa Code chapter 425, if applicable.
c. An applicant who is a member of the armed
forces and is an Iowa resident stationed in another state may use the
applicant's address in the state of station as the applicant's current
residential address if the applicant does not maintain an Iowa residence during
the applicant's deployment outside the state of Iowa. The applicant must
provide official documentation confirming the applicant's residential address
in the state of station and that the applicant is stationed in that state. The
applicant's mailing address may be the applicant's current residential address
or another address at which the applicant receives mail.
d. An applicant who is a dependent family
member of and resides with a member of the armed forces who is an Iowa resident
stationed in another state may use the applicant's address in the state of
station as the applicant's current residential address if the applicant does
not maintain an Iowa residence during the applicant's deployment outside the
state of Iowa. The applicant must provide official documentation confirming the
applicant's residential address in the state of station and that the applicant
is a dependent family member of a member of the armed forces stationed in that
state. The applicant's mailing address may be the applicant's current
residential address or another address at which the applicant receives
mail.
(4)
Verification of lawful status in the United States.
a. If an applicant presents one of the
identity documents listed under subrule 601.5(1), the department's verification
of that identity document is satisfactory evidence of lawful status.
b. An applicant who presents only a document
listed under subrule 601.5(1), paragraph
"e," "f," or
"i," is not eligible to receive a driver's license or
nonoperator's identification card marked as REAL ID compliant unless the
applicant also provides one of the other documents listed in subrule 601.5(1),
or another United States Department of Homeland Security-approved
document.
(5)
Verification of name change. The name listed on the driver's
license or nonoperator's identification card that is issued shall be identical
to the name listed on the identity document submitted unless the applicant
submits the chain of legal documents necessary to show the legal change of the
applicant's name from the identity document submitted to the applicant's
current legal name under paragraph 601.5(5) "a" or
"b." Alternatively, an applicant who is an existing Iowa
licensee or cardholder may confirm the applicant's current legal name as
displayed on the applicant's license or card under the requirements of
paragraph 601.5(5) "c." The following documents are
acceptable:
a. Court-ordered name change. A
court order must contain the applicant's prior legal name, the applicant's
court-ordered legal name, and the court's certification of authenticity.
Acceptable court orders include orders under petition for name change, orders
for name change set forth in a decree of dissolution, and orders for name
change set forth in a decree of adoption.
b. Certified copy of marriage certificate.
The marriage certificate must be filed with a state office of vital statistics
or equivalent agency in the person's state or country of marriage. The
certificate must bear the issuing authority's certification of authenticity. A
church, chapel or similarly issued certificate is not acceptable. As used
herein, "state" means a state of the United States, the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
c.
Social security records match. The applicant must establish that the
applicant's Social Security Administration's account number is issued in the
applicant's current legal name as verified by the department with the Social
Security Online Verification (SSOLV) system in accordance with
6 CFR Section
37.13(b)(2).
(6)
Verification of change
of date of birth. The date of birth listed on the driver's license or
nonoperator's identification card that is issued shall be identical to the date
of birth listed on the identity document submitted unless the applicant submits
a certified amended or new birth certificate that documents the change of date
of birth and that meets the requirements of paragraph 601.5(1)
"b."
(7)
Verification of change of sex designation. The sex designation
listed on the driver's license or nonoperator's identification card that is
issued shall be identical to the sex designation listed on the identity
document submitted unless the applicant does one of the following:
a.
Applicants born in Iowa.
An applicant born in Iowa must submit a certified amended or new Iowa birth
certificate that documents the change of sex designation and that meets the
requirements of paragraph 601.5(1)
"b."
b.
Applicants born outside of
Iowa.
(1) An applicant born outside
of Iowa may document the change of sex designation by any of the following
methods:
1. Submit a certified amended or new
birth certificate from a state other than Iowa that documents the change of sex
designation and that meets the requirements of paragraph 601.5(1)
"b."
2. Submit an
amended or new Consular Report of Birth Abroad that documents the change of sex
designation and meets the requirements of paragraph 601.5(1)
"c."
3. Submit an
amended or new Certificate of Citizenship that documents the change of sex
designation and meets the requirements of paragraph 601.5(1)
"h."
4. Submit a
notarized affidavit from a physician and surgeon or osteopathic physician and
surgeon that documents all of the following:
* The physician and surgeon or osteopathic physician and
surgeon completed sex designation treatment for the applicant.
* A description of the medical procedures that constituted
the treatment.
* As a result of the treatment, the applicant's sex
designation was permanently changed by surgery or other treatment.
* The physician and surgeon or osteopathic physician and
surgeon's full name, address, state of medical license, and medical license
number.
(2)
Pursuant to Iowa Code section
321.13,
the department may make further investigation or require further information
necessary to determine whether a change of sex designation occurred.
c.
Documentation.
Documentation provided under this subrule shall be submitted to the Motor
Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines,
Iowa 50306-9204.
d.
Name
change. A change of sex designation shall not effect a name change
unless the applicant verifies a name change pursuant to subrule
601.5(5).
(8)
Exception process. As provided in
6 CFR Section
37.11(h) (REAL ID exceptions
process), and notwithstanding any other provisions of this chapter or
761-Chapter 11 to the contrary, an applicant who, for reasons beyond the
applicant's control, is unable to present a necessary document under this rule
may apply to the department for an exception as provided in this subrule.
a. To apply for an exception under this rule,
an applicant shall do all of the following:
(1) Submit an application to the department
in a manner prescribed by the department. The application shall contain all of
the following:
1. The applicant's name,
address, date of birth and contact information.
2. Whether the applicant is applying for a
driver's license or nonoperator's identification card.
3. A description of the necessary
verification of identity and date of birth or verification of name change
documents under this rule that the applicant is unable to provide and the
reason why it is beyond the applicant's control to provide the
document.
4. Any alternate document
or other proof that exists to verify the facts contained in the missing
document, which may include an approved I-94 form documenting the applicant's
most recent admittance into the United States as verified by the U.S.
Department of Homeland Security in accordance with
6 CFR Section
37.13.
5. Any other information or proof required by
the department.
b. The motor vehicle division director or the
director's designee may grant an exception under this rule if all of the
following apply:
(1) The applicant has
submitted an application with all of the required documentation under paragraph
"a."
(2) The
applicant, as determined by the department, has sufficiently demonstrated that
the applicant is unable to provide a necessary document under this rule due to
reasons beyond the applicant's control.
(3) The application of the subject rule will
pose an undue hardship on the applicant, as determined by the
department.
(4) Granting the
exception will not prejudice the substantial legal rights of any person, as
determined by the department.
c. The department may place any condition on
an exception issued under this rule that the department finds necessary to
carry out the department's functions under the REAL ID Act of 2005 as amended
by the REAL ID Modernization Act, H.R. 133, Division U, Title X.
d. An exception under this subrule shall not
apply to a required document under subrule 601.5(2).
e. An alternate document accepted under this
exception process to satisfy the requirements of subrule 601.5(4) is only
allowed if the document demonstrates United States citizenship as required by
6 CFR Section
37.11(h).
f. An applicant's inability to pay for a
necessary document under this rule does not meet the criteria for an exception
under this subrule.
g. Nothing in
this subrule shall require the department to issue a driver's license or
nonoperator's identification card if the applicant is not otherwise eligible
for a license or card. The department reserves the right to modify or cancel an
exception at any time if the department finds that anything in the exception
application or accompanying documentation was based on fraud or
misrepresentation by the applicant, or if the modification or cancellation is
necessary based on a change in circumstances of the applicant.
h. The application and documentation provided
under this subrule shall be submitted to the Motor Vehicle Division, Iowa
Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204, or
through electronic means determined by the department. The director of the
motor vehicle division or the director's designee may, in response to an
application submitted under this subrule, grant or deny an application for
exception in accordance with this subrule.
i. An applicant whose application for
exception under this rule has been denied may contest the decision in
accordance with Iowa Code chapter 17A and 761-Chapter 13. The request for a
hearing shall be submitted in writing to the motor vehicle division. The
request shall include, as applicable, the applicant's name, driver's license or
nonoperator's identification number, date of birth, complete address and
telephone number. The request must be submitted within 20 days after the date
of the notice of exception denial.
This rule is intended to implement Iowa Code chapter 17A and
sections
321.13,
321.182 and
321.189;
the REAL ID Act of 2005 (
49
U.S.C. Section 30301 note) as amended by the
REAL ID Modernization Act, H.R. 133, Division U, Title X; and 6 CFR Part 37
.