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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2016

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Statutory Authority: 21 Delaware Code §§302, 2711, 2715 & 2718; 11 Delaware Code §§8593-8595 (21 Del.C. §§302, 2711, 2715 & 2718; 11 Del.C. §§8593-8595)
The authority to promulgate this regulation is 21 Del.C. §§302, 2711, 2715, and 2718 and 11 Del.C. §§8593, 8594, and 8595.
Applicant” means a prospective driving privilege card holder.
"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.
Consular Identification Card” means a card issued by a foreign government consulate that identifies citizens of their country who reside in a foreign country. It contains the cardholder’s photo, address, birthplace, expiration date, and a unique identification number.
Division” means the Delaware Division of Motor Vehicles.
Document Locator Code” means a unique receipt number issued by the Division of Revenue to individuals who have requested copies of their filed Delaware tax returns.
"Driving Privilege Card (DPC)" means a driving privilege permit or card issued pursuant to 21 Del.C. §2711(d) to undocumented immigrants who are not able to provide satisfactory documentary evidence of legal presence in the United States.
"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 5.0 of this document.
ITIN” means a unique Individual Tax Identification Number issued by the Delaware Division of Revenue for the purposes of filing taxes.
"Legal Presence" means 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.
"Material Change" means any change to the personally identifiable information of an individual as defined in Title 21 and this regulation. Notwithstanding the definition of personally identifiable information below, a change of address of principal residence does not constitute a material change.
"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.
Receipt Number” means a number issued by the Delaware State Bureau of Identification for purposes of identifying a Driving Privilege Card applicant’s criminal background check.
"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 driving privilege card.
"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.
"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").
8.2.1 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 DPC 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.
This 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 Driving Privilege Permits and Cards will become available beginning December 27, 2015.
Last Updated: December 31 1969 19:00:00.
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