Current through Register Vol. 63, No. 3, March 1, 2024
(1) For purposes of Oregon Laws 2009, Chapter
258, Section 4 and this rule:
(a) A "law
enforcement agency" or "agency" is a county sheriff, city or municipal police
department, Oregon State Police, a district attorney, the Criminal Justice
Division of the Department of Justice, or an equivalent law enforcement agency
of another state or the federal government;
(b) A "law enforcement official" or
"official" is a certified peace officer who is performing undercover criminal
investigative duties for a law enforcement agency.
(2) DMV will issue, replace or renew a
fictitious driver license or fictitious identification card to a law
enforcement official upon:
(a) Approval of an
application submitted by the law enforcement agency for which an official is
providing undercover criminal investigative duties; and
(b) Payment of the fees for a driver license
or identification card as set forth in ORS
807.370,
807.375, and
807.410.
(3) For purposes of section (2) of this rule,
an application for the issuance, replacement or renewal of a fictitious driver
license or fictitious identification card must:
(a) Be submitted by the law enforcement
agency that employs the official, or if the official is on a special assignment
with another agency, such as an inter-agency task force, may be submitted by
the agency for which the official is performing undercover criminal
investigative duties;
(b) Be on
official agency letterhead or on DMV Form 735-7343, Oregon DMV Undercover
Driver License/Identification Card Request;
(c) Contain proof that the official is a
certified peace officer. Such proof includes, the official's badge number or
Department of Public Safety Standards and Training (DPSST) number, an
equivalent identifying number from another state or the federal government or
other verifiable proof of certification;
(d) Provide the following information:
(A) The official's true name, date of birth,
driver license or identification card number and state of issuance;
(B) The information that will be used on the
official's fictitious driver license or identification card and fictitious DMV
record, including name, address, date of birth, hair color, eye color, height
and weight, and mother's maiden name;
(C) The class of license and endorsement
requested. The official must already have qualified for and been issued the
license class or endorsement type requested; and
(D) The mailing address, telephone number and
if applicable, the Originating Agency Identifier (ORI) of the law enforcement
agency.
(e) Indicate
whether the request is for issuance, replacement or renewal of a fictitious
driver license or identification card; and
(f) Be signed by the Sheriff, Chief of
Police, Superintendent or agency head, or his or her designee.
(4) The DMV Confidential Records
Desk will review the application. When approved, an appointment with the
official will be scheduled to issue the fictitious driver license or
identification card. A fictitious driver license or identification card will
only be issued from DMV Headquarters. For verification purposes, at the
appointment the official must provide proof of his or her true identity and
badge number, DPSST number or equivalent certification number as described in
section (5)(c) of this rule.
(5) A
fictitious driver license or fictitious identification card must be surrendered
to the DMV Confidential Records Desk when the official is no longer performing
undercover criminal investigative duties for the law enforcement agency
requesting the fictitious license or identification card.
Stat. Auth.: ORS
184.616,
184.619,
802.010 & Sec. 4, Ch. 258,
OL 2009
Stats. Implemented: Sec. 4, Ch. 258, OL
2009
