Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2017

Authenticated PDF Version

2 DE Admin. Code 2217
2217 Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware Non-Compliant Identification Documents
Proposed Regulation 2217 relating to Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware Non-Compliant Identification Documents was published in the Delaware Register of Regulations on January 1, 2017. The proposed Regulation 2217 incorporated updates to add the use of the State Pointer Exchange System (SPEXS) electronic verification system definition and procedures into the regulation. Written comments were to be accepted regarding this proposal until January 30, 2017; however, no comments were received. There was no public hearing on proposed Regulation 2217. Public notice of the proposed Regulation 2217 was published in the Register of Regulations was in conformity with Delaware Law.
The text of proposed Regulation 2225 last appeared in the Register of Regulations Vol. 20, Issue 7, pages 546.
IT IS SO ORDERED this 28th day of February, 2017
2217 Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware Non-Compliant Identification Documents
The authority to promulgate this regulation is 21 Del.C. §§302, 2711 and 3102 and the Department of Homeland Security's final regulation published in 6 CFR Part 37 or its equivalent, as amended from time to time.
This administrative rule sets forth regulations and procedures used when issuing Delaware compliant and non-compliant driver licenses and identification cards based on the referenced statutes listed in Section 1.0 of this administrative rule regulation. The applicant has the option to obtain a Delaware compliant document or Delaware non-compliant document provided the applicant meets the minimum qualifications and standards presented in this administrative code.
The following words and terms, when used in the regulation, should have the following meaning unless the context clearly states otherwise:
"Birth Certificate" means the record related to a birth that is permanently stored, either electronically or physically, at the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.
"Certified Copy of a Birth Certificate" means a copy of the whole or part of a birth certificate registered with the state that the state considers being the same as the original birth certificate on file with the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.
"Compliant Driver License" means a driver license that has been issued by Delaware or any other state and has been verified by the Department of Homeland Security to be compliant with 6 CFR 37 or its equivalent as amended from time to time. These compliant documents will be accepted by federal agencies for official purposes and shall bear a DHS-approved security marker that reflects the card's level of compliance.
"Compliant Identification Card" means an identification card that has been issued by Delaware or any other state and has been verified by the Department of Homeland Security to be compliant with 6 CFR 37 or its equivalent as amended from time to time. These compliant documents will be accepted by federal agencies for official purposes and shall bear a DHS-approved security marker that reflects the card's level of compliance.
"DHS" means the United States Department of Homeland Security.
"Domestic Violence and Dating Violence" have the meanings given the terms in Section 3, Universal Definitions and Grant Provisions, of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-119 Stat. 2960, 2964, Jan. 5, 2006); codified in Section 40002, Definitions and Grant Provisions, 42 U.S.C. 13925, or state laws addressing domestic and dating violence.
"Full Legal Name" means an individual's first name(s), middle name(s), and last name(s) or surname without the use of initials or nicknames unless otherwise acceptable in Section 75.0 of this document regulation.
"Identification Documents" includes both state-issued driver licenses and identification cards.
"Jurisdiction" means a state, territory, province, or country that issues compliant and non-compliant driver licenses and/or identification cards as a means of proving valid driving authority or identification.
"Lawful Status" means a person in lawful status is a citizen or national of the United States or an alien, lawfully admitted for permanent or temporary residence in the United States; has conditional permanent resident status in the United States; has an approved application for asylum in the United States or has entered into the United States in a refugee status; has a valid non-immigrant status in the United States; has an application for asylum in the United States; has an application for temporary protected status (TPS) in the United States; has approved deferred action status; or has an application for lawful permanent residence (LPR) or conditional permanent resident status.
"License" means any license, temporary instruction permit, or temporary license that is Delaware compliant or Delaware non-compliant issued under the laws of this State pertaining to the licensing of individuals to operate motor vehicles.
"Material Change" means any change to the personally identifiable information of an individual as defined in Title 21 and this administrative code regulation. Notwithstanding the definition of personally identifiable information below, a change of address of principal residence does not constitute a material change.
"Non-Compliant Driver License" means a driver license that gives the license holder the appropriate driving authority but is not in full compliance with rules established by the Secretary of the Department of Homeland Security. The card must clearly state on the front and in the machine readable zone that the card is not acceptable for official purposes.
"Non-Compliant Identification Card" means an identification document issued by the division that is not in full compliance with rules established by the Secretary of the Department of Homeland Security. The card must clearly state on the front and in the machine readable zone that the card is not acceptable for official purposes.
"Official Purpose" means accessing federal facilities, boarding federally-regulated commercial aircraft, and entering nuclear power plants.
"Passport" means a passport booklet or card issued by the United States Department of State that can be used as a travel document to gain entry into the United States and that denotes identity and citizenship as determined by the United States Department of State.
"Personally Identifiable Information" means any information which can be used to distinguish or trace an individual's identity, such as the individual's name, driver license or identification card number, social security number, biometric record, including a digital photograph or signature, alone or when combined with other personal or identifying information, which is linked or linkable to a specific individual, such as a date and place of birth or address whether it is stored in a database, on a driver license or on an identification card.
"Principal Residence Address" means the location where a person currently resides (i.e. presently resides even if at a temporary address) in conformance with the residency requirements of the state issuing the driver license or identification card, if such requirements exist.
"SAVE" means the Department of Homeland Security's Systematic Alien Verification for Entitlements system or such successor or alternate verification system at the DHS secretary's discretion.
"Sexual Assault and Stalking" have the meanings given the terms in Section 3, Universal Definitions and Grant Provisions, of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, 119 Stat, 2960, 2964, Jan. 5, 2006); codified at Section 40002, Definitions and Grant Provisions, 42 U.S.C. 13925, or state laws addressing sexual assault and stalking.
"Source Document(s)" means original or certified copies (where applicable) of documents presented by an applicant as required under this regulation to the Division of Motor Vehicles to apply for a driver license or identification card.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.
"State Address Confidentiality Program" means any state-authorized or state-administered program that: (1) allows victims of domestic violence, dating violence, sexual assault, stalking, or a severe form of trafficking to keep, obtain, and use alternative addresses; or (2) provides confidential recordkeeping regarding the addresses of such victims or other categories of persons.
"Temporary Lawful Status" means a person in temporary lawful status is a person who has a valid non-immigrant status in the United States; has an pending application for asylum in the United States; has a pending or approved application for temporary protected status (TPS) in the United States; has approved deferred action status; or has an application for LPR or conditional permanent resident status.
"Verify" means procedures to ensure that the source document is genuine and has not been altered (i.e. "document authentication") and the identity data contained on the document is valid ("data verification").
4.2.2 Unless otherwise specified, identification documents issued in accordance with this administrative code regulation shall be considered compliant identification documents and shall be accepted by federal agencies for official purposes.
4.3.2.1 Are citizens of the United States, aliens with permanent resident status, or aliens with acceptable proof of lawful status in accordance with 2 DE Admin. Code 2220 who want to operate a motor vehicle or have a state-issued identification card, but who do not need or want a Delaware compliant identification document to enter federal facilities, board federally-regulated commercial aircraft, or enter nuclear power plants;
4.4.1 The division shall issue a temporary or limited-term compliant driver license or identification card, or temporary or limited-term non-compliant driver license or identification card to those persons who have temporary lawful status in the United States in accordance with 2 DE Admin. Code 2220 and 21 Del.C. §§2715(a) and 3103(a). Before issuing or renewing these limited term documents, the applicant must provide valid documentary evidence, verifiable through SAVE or other DHS-approved means, that the person has lawful status in the United States. These documents may not be issued for a time period longer than the expiration of the applicant's authorized stay in the United States, or if there is no expiration date, for a period no longer than one year or no longer than the maximum term of a driver license or identification card, whichever date is less. Temporary or limited term identification documents must clearly indicate on their faces and in the machine readable zone that they are temporary or limited-term driver licenses or identification cards.
4.5.1 Delaware compliant and non-compliant driver licenses will be renewed in person every five eight years and identification cards will be renewed in person every four years in accordance with 21 Del.C. §§2715 and 3103, unless they are designated as temporary or limited-term documents, or contain a hazardous materials endorsement.
5.3.3 Exceptions: Older applicants may not have birth certificates because they were born in rural areas not under the care of a physician or for other reasons. If an applicant is unable to present any of the documents listed in Section subsection 5.2 to prove his identity and date of birth, the applicant should contact the Office of Vital Statistics in the state in which he was born to issue a “delayed or alternate” birth certificate in accordance with state procedures.
5.3.4 If the procedures listed in Section subsection 5.3.3 are not feasible, as a last resort, the division may issue a non-compliant identification document provided the applicant has sufficient proof (school records, employment documents, social security card, and other records) demonstrating he has used this name, date of birth and gender consistently over a long period of time. The driving record will be annotated showing the identification documents were approved as exceptions and copies of the documents will be retained on file. Exceptions to name change procedures must be approved by Driver Services Manager, Chief of Driver Services, Deputy Director or Director.
5.5 Gender/gender changes. The applicant’s personal identity will be verified using one or more of the approved source documents listed in Section subsection 5.2. To change a person’s gender, the applicant must complete the Request for Gender Change form detailing the applicant’s request to have the gender designation on his/her driver license or identification card changed. The form requires the applicant’s medical or social service provider to certify that, in his/her professional opinion, what the applicant’s true gender identity is. The medical or social service provider’s practice must treat patients, including the applicant, seeking gender identity changes.
6.1 All driver license and identification card applicants must establish legal presence in the United States to be eligible for a Delaware compliant or Delaware non-compliant identification document. Proof of an applicant's lawful status will be determined in accordance with 2 DE Admin. Code 2220, 21 Del.C. 21, §§2715(a) and 3103(a). Any document not listed in 2 DE Admin. Code 2220 that is presented as proof of lawful status must be approved by the DHS as satisfactory evidence of lawful status. Lawful status must be verified through SAVE.
7.2.1 Those applicants whose immigration status places them in a non-working status are ineligible for a SSN. Therefore, those applicants who enter the United States with the source document listed in Section subsection 5.2 may present a letter from the Social Security Administration (SSA) verifying that their non-working immigration status prevents them from being issued a SSN. They are ineligible for a compliant identification card and may be issued a non-compliant identification document that expires with their immigration status expiration date until such time as they have a valid SSN. In every case, the applicant should either return home or his immigration status must be changed allowing him to work by the time he comes back to the DMV for renewal. Therefore, the immigrant must provide a verifiable SSN or an approval letter from the SSA verifying that his non-working immigration status prevents him from obtaining a SSN and new immigration documents at the time of renewal.
7.3.1 Disclosure of the applicant's SSN is mandatory. Federal and state laws authorize such disclosure (see Public Law 109-13, and 21 Del.C. §§2718(a) and 3104(a)). The division will use SSNs solely for the administration of the driver license and identification card program to ensure accurate identification. SSNs will not be released to businesses or private individuals but may be released to state agencies to carry out their governmental functions. If you obtained an identification document without a SSN and have subsequently obtained a SSN, it is your responsibility to notify the Division of Motor Vehicles within 30 days.
8.2.3.3 Those living on a boat or in a recreational vehicle will be issued a non-compliant identification document because the nature of their residency suggests frequent travel away from the place were where they live and the State cannot be assured they can be easily contacted when away from their designated boat slip or campground.
9.2.1 Systematic Alien Verification for Entitlements (SAVE). Any documents listed in Section subsection 5.2 and issued by the DHS, including the I-94, will be verified through the SAVE system or alternate method approved by the DHS. If two DHS-issued documents are shown, only one must be verified. In the event of a non-match, the division must not issue a Delaware compliant or non-compliant identification document to an applicant and must refer the individual to the U.S. Citizenship and Immigration Services for resolution. The division will not issue a compliant or non-compliant identification document unless the applicant has lawful status in the United States.
9.2.2 Social Security On-Line Verification (SSOLV). The division will verify SSNs with the Social Security Administration (SSA) using SSOLV or though through another method approved by the DHS. In the event of a non-match with the SSA, the division will use existing procedures to resolve non-matches. If unable to resolve non-matches, the division will deny issuance to those applying for their first Delaware identification document. A Delaware compliant or non-compliant identification document will not be issued until the mismatch condition is resolved. However, upon renewal of a Delaware-issued identification document, the document holder may be issued one 60-day temporary non-compliant identification document to give him time to resolve the mismatch condition with the SSA. The division may establish procedures and exceptions through memorandums.
9.2.56 Electronic Verification of Vital Events (EVVE). Birth certificates must be verified by using the EVVE system or other electronic systems whenever the system or records become available. If the document does not appear authentic upon inspection or the data does not match, a Delaware compliant or non-compliant identification document will not be issued until the information is verified. The applicant must return to the issuing agency for resolution.
9.2.67 Department of State Documents. Documents issued by the Department of State will be verified with the Department of State or through methods approved by the DHS when or if the verification system becomes available.
9.2.78 Compliant Documents. Compliant identification documents will be verified with the state of issuance when or if the verification system becomes available.
9.5.2 An individual may hold only one compliant identification document. Nothing shall preclude an individual from holding a compliant driver license and a non-compliant identification card or vice verse versa. If a person holds a compliant identification document in another state, he will not be issued a Delaware compliant identification document in this State until the individual or division has terminated the compliant identification document issued by another state.
The following regulation shall be effective ten days from the date the order is signed, and it is published in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e). Delaware compliant identification documents will become available once Delaware self certifies to the DHS and the DHS determines Delaware has met the requirements of 6 CFR 37 or its equivalent as amended from time to time, the division may issue Delaware compliant identification documents, which will be accepted by federal agencies for official purposes.
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov