justicedao/ipfs_state_laws huggingface dataset:
735-061-0450 Eligibility Check and Results Entry (1) Prior to administering the drive test, the third party examiner must use DMV’s website, in accordance with OAR 735-018-0020, to verify the drive test applicant meets all requirements set forth in OAR 735-061-0420. (2) If the applicant does not meet qualifications for testing as set forth in OAR 735-061-0420, the third party examiner must refer the applicant to DMV and must not conduct the drive test. (3) If the applicant meets qualifications for testing as set forth in OAR 735-061-0420, the third party examiner may administer the test. (4) After completing the drive test, the third party examiner must: (a) Provide the applicant with a receipt for the test; (b) Enter the drive test results using electronic means determined by DMV within 24 hours of the completion of the test; and (c) Comply with provisions set forth in OAR 735-018-0020 for electronic transactions. Statutory/Other Authority: ORS 184.619, 802.010, 802.012 & 802.600 Statutes/Other Implemented: ORS 802.012 & 802.600 History: DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021 DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017
735-061-0460 Customer Feedback Process (1) At the conclusion of the testing process, a third party examiner must give an applicant a Class C Third Party Testing Feedback form (DMV form 735-7414), regardless of whether the applicant passed or failed the drive test. (2) The Class C Third Party Testing Feedback form is designed to give the applicant necessary information to provide DMV with feedback regarding the experience of testing with a testing business. The form provides contact information for the Class C Third Party Testing Program at DMV including a mailing address, a fax number and a method to submit the form to DMV electronically. (3) DMV may contact an applicant to get additional information or investigate a complaint raised by an applicant. (4) If DMV requires a testing business to respond to a particular applicant’s complaint, the testing business must do so within 10 calendar days. (5) DMV may compile data from the Class C Third Party Testing Feedback forms to evaluate the effectiveness of the Class C Third Party Testing Program. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 802.600 Statutes/Other Implemented: ORS 802.600 History: DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017
735-061-0470 Code of Ethics and Rules of Conduct (1) The standards of professional conduct for a testing business for any owner, officer, agent, director, manager, examiner or employee must be consistent with the standards of professional conduct expected of a person employed by DMV who administers Class C drive tests. Therefore, DMV requires the testing business and any person employed by or associated with the testing business to be professional and respectful in all dealings with applicants and other persons while ensuring the safety of Oregon roads. (2) A testing business may not engage in or allow any owner, officer, agent, director, manager or employee to engage in any of the following: (a) Assisting or allowing an applicant falsely: (A) Receive a passing score on the drive test when the applicant either failed the test, did not take the test, did not take the complete test, or took a test that was not administered in accordance with the training provided by DMV; or (B) Obtain driving privileges for which the applicant is ineligible or is not qualified to obtain. (b) Discriminating against any applicant on the basis of race, religion, national origin, disability, age, sex or sexual orientation; (c) Accepting or requiring anything of value, other than the posted fee, from an applicant; (d) Having sexual relations with or requesting sexual relations from an applicant. For purposes of this section, “sexual relations” means: (A) Sexual intercourse; or (B) Any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party. (e) Using physical force or a threat of physical force against an applicant, unless such force or threat is necessary to avoid immediate danger to the safety of the applicant, the third party examiner, employees of the third party examiner or other individuals; (f) Possessing any unlawful controlled substance, inhalant, intoxicating beverage, marijuana item or cannabis, or being visibly intoxicated while administering a drive test; (g) Falsifying any document or making any misrepresentation in any document that relates to any testing activity; or (h) Bribing a DMV employee by offering, conferring or agreeing to confer any pecuniary benefit upon a DMV employee when it is evident from the circumstances that the bribe is to influence the results of a DMV inspection or evaluation. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 802.600 Statutes/Other Implemented: ORS 802.600 History: DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017
735-062-0001 Purpose (1) The purpose of these chapter 735, division 62, rules is to establish the various requirements for the issuance, replacement or renewal of a Class C non-commercial driver license, driver permit or identification card. (2) A Real ID or non-Real ID Class C non-commercial driver license is the base privilege a person must possess to be issued a commercial learner driver permit or Real ID or non-Real ID commercial driver license. Rules in chapter 735, division 63 establish requirements and processes that are specific to the granting of commercial driving privileges. These division 62 rules apply to the base privileges portion of a Real ID or non-Real ID commercial driver license or commercial learner driver permit, except where specified in chapter 735, division 63. (3) A Real ID is issued to an applicant who meets federal issuance standards established by the Real ID Act of 2005, P.L. 109-13 and the REAL ID Modernization Act , Pub L No 116-260, Division U, Title X, section 1001 (Dec. 27, 2020) . These standards apply to proof of lawful status, identity, date of birth, SSN and residence address only. Except as otherwise specified in sections (4) and (5) of this rule or any rule within OAR chapter 735, division 62, all other rules in OAR 735, division 62, are applicable both to Real ID and non-Real ID driver licenses, permits and identification cards. (4) The following rules in OAR 735, division 62, apply to Real ID only: (a) OAR 735-062-0006; (b) OAR 735-062-0008; (c) OAR 735-062-0011; (d) OAR 735-062-0022; (e) OAR 735-062-0023; (f) OAR 735-062-0031; and (g) OAR 735-062-0295. (5) The following rules, unless otherwise specified in OAR 735, division 62, do not apply to Real ID issuances: (a) OAR 735-062-0005; (b) OAR 735-062-0007; (c) OAR 735-062-0010; (d) OAR 735-062-0014; (e) OAR 735-062-0030; and (f) OAR 735-062-0120. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 807.455 & 6 CFR Part 37 History: DMV 11-2021, amend filed 07/16/2021, effective 07/16/2021 DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020 DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
735-062-0002 Definitions As used in these OAR 735, division 62, rules the following definitions apply: (1) “AAMVA” means the American Association of Motor Vehicle Administrators. (2) “Biometric data” means measurements of the physical characteristics of person’s face that can be used to authenticate the identity of the person. (3) “Caregiver” means an individual who has any level of responsibility for the safety and well-being of a minor. (4) “CDLIS” means the Commercial Driver’s License Information System operated by AAMVA for the Federal Motor Carrier Safety Administration. (5) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division. (6) “First-time Real ID” means the first time DMV issues an Oregon Real ID to an applicant and may be issued as an original, renewal or replacement driver license, driver permit or identification card, depending on the privilege that the applicant possesses. (7) “Lawful status,” for the purpose of applying for a Real ID driver license, driver permit or identification card, has the meaning set forth in 6 CFR §37.3. (8) “LexisNexis Database” means a database of personal information provided by the LexisNexis corporation that is used to verify the identification of an individual. (9) “NDR” means National Driver Register, a division in the National Center for Statistics and Analysis under the National Highway Traffic Safety Administration. (10) “PDPS” means the Problem Driver Pointer System, a database operated by NDR. (11) “Proctor” means a caregiver of the applicant who is at least 21 years of age and whose identity (name, date of birth and address) has been verified through the LexisNexis database. (12) “Real ID” has the meaning set forth in ORS 807.450, and is marked with the distinguishing feature of a star in the upper right corner. (13) “S2S” means State to State Verification Services operated by AAMVA. (14) “SAVE” means Systemic Alien Verification for Entitlements program, administered by the United States Citizenship and Immigration Services, a component of the Department of Homeland Security. (15) “SPEXS” means the State Pointer Exchange Services, the platform that supports S2S and CDLIS. (16) “SSA” means the Social Security Administration. (17) “SSN” means Social Security number. (18) “USPVS” means United States Passport Verification Services which allows licensing agencies to verify US Passport document data against the Department of Homeland Security’s backend systems and is operated by AAMVA. Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.050, 807.450, 807.460 & 6 CFR §37.3 Statutes/Other Implemented: ORS 801.163, 802.200, 807.021, 807.024, 807.050 & 807.450 History: DMV 1-2022, amend filed 01/25/2022, effective 01/25/2022 DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020 DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12 DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11 DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
735-062-0005 SSN — Requirements for Collection and Verification of SSN or a Statement No SSN Assigned (1) An applicant who has been assigned a SSN is required to provide the SSN assigned to the applicant by SSA to DMV when applying for a driver license, driver permit or identification card. (2) An applicant applying for a non-Real ID non-commercial driver license or driver permit or identification card who has not been assigned a SSN must provide a written statement that says the person has not been assigned a SSN. (3) When an applicant provides a SSN as required by section (1) of this rule, DMV will submit the SSN to the SSA for verification, unless the SSN was previously verified under this rule. An applicant’s SSN is verified when SSA notifies DMV that the applicant’s SSN, name and date of birth are confirmed by SSA’s records. (4) Notwithstanding section (3) of this rule, a SSN is not considered verified if the SSA notifies DMV that the SSN provided is inactive, invalid, impossible, not verifiable for other reasons or if there is a system error. Statutory/Other Authority: ORS 184.619, 802.010, 807.021 & 807.050 Statutes/Other Implemented: ORS 802.200, 807.021, 807.022 & 807.050 History: DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 11-2015, f. 12-17-15, cert. ef. 1-1-16 DMV 14-2014, f. & cert. ef. 12-1-14 DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12 DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09 DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08 DMV 2-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08 DMV 19-2003, f. 12-15-03 cert. ef. 1-1-04 DMV 11-1995, f. & cert. ef. 11-15-95 MV 6-1990, f. & cert. ef. 4-2-90
735-062-0006 Real ID Requirements for Collection and Verification of SSN or Proof of Ineligibility for a SSN (1) When an applicant who is eligible for an SSN applies for any first-time, renewal, or replacement Real ID, the applicant must provide to DMV the SSN assigned to the applicant by the SSA. (2) An applicant who applies for a first-time, renewal, or replacement non-commercial Real ID and claims to be ineligible for an SSN must provide proof that the applicant is not eligible for an SSN. An applicant may prove ineligibility for an SSN by presenting documents issued by the United States Department of Homeland Security or other federal agencies, which demonstrate that the applicant is not eligible to be assigned an SSN by the SSA. The applicant must also certify that the applicant is ineligible for an SSN. (3) DMV will not accept proof of ineligibility for an SSN from any applicant for a Real ID who presents proof of being a citizen or lawful permanent resident of the United States or proof of being legally present with authorization for employment in the United States. (4) When an applicant provides an SSN as required by section (1) of this rule for a first-time or renewal Real ID, DMV will submit the SSN to the SSA for verification. An applicant’s SSN is verified when SSA notifies DMV that the applicant’s SSN, name and date of birth matches SSA’s records. (5) Notwithstanding section (4) of this rule, an SSN is not considered verified if the SSA notifies DMV that the SSN provided is inactive, invalid, impossible, not verifiable for other reasons or if there is a system error. DMV will not issue a Real ID to an applicant with an SSN that is not verified. (6) An applicant for a replacement Real ID must provide their SSN or proof of ineligibility for SSN as required by sections (1) to (3) of this rule. If there has been any change to the applicant’s SSN, DMV will submit the SSN to the SSA for verification as described in section (4) of this rule. Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.050, 807.455, 807.480, 6 CFR §37.11, 6 CFR §37.13, 6 CFR §37.23 & 6 CFR §37.25 Statutes/Other Implemented: ORS 802.200, 807.021, 807.022, 807.050, 807.455, 807.480 & PL 116-260 (2020) History: DMV 11-2021, amend filed 07/16/2021, effective 07/16/2021 DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020
735-062-0012 Veteran Designation on a Driver License, Driver Permit or Identification Card (1) A person who is a veteran, as defined in ORS 408.225, may request that DMV add a veteran designation to the person’s driver license, driver permit or identification card. (2) DMV will accept the following as proof the person is a veteran: (a) For discharge from military service in 1950 or after, a U.S. Defense Department Form 214, Certificate of Release or Discharge from Active Duty (DD 214), or a Correction to DD 214 Form (DD 215); or (b) For discharge from military service before 1950, a separation document or form issued by a branch or department of the US Armed Services. (3) The request for a veteran designation may be made when applying for an original, renewal or replacement driver license, driver permit or identification card. The veteran designation will remain on the person’s driver license, driver permit or identification card, except as specified in section (4) of this rule. (4) A person may request a veteran designation be removed when renewing or replacing a driver license, driver permit or identification card. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 807.110, 807.160 & 807.400 Statutes/Other Implemented: ORS 807.110, 807, 160 & 807.400 History: DMV 19-2010, f. 10-25-10, cert. ef. 1-1-11
735-062-0013 Physical Description on Driver License, Driver Permit or Identification Card (1) An applicant for a driver license, driver permit or identification card must provide the applicant’s height, weight, sex, hair color and eye color to DMV when applying for a driver license, driver permit or identification card. (2) DMV captures in its records an applicant’s height, weight, hair color, eye color and sex. Hair color is contained within DMV records but does not appear on the driver license, driver permit or identification card. (3) As required by ORS 807.110(1)(b), for purposes of identification, a brief description of the person to whom the driver license, driver permit or identification card is issued will appear on the front of the card. Those descriptors are: (a) Height shown in feet and inches; (b) Weight shown in pounds; and (c) Sex shown as “M” for male, “F” for female or “X” for not-specified. (4) Upon renewal or replacement, an applicant who wishes to change an identifier shown on the driver license, driver permit or identification card or contained in DMV records, must complete the application with the desired changes. An applicant must meet any other applicable requirement and pay any required fee for the renewal or replacement of a driver license, driver permit or identification card. Statutory/Other Authority: ORS 184.619, 802.010 & 807.110 Statutes/Other Implemented: ORS 802.200, 807.050, 807.110, 807.150, 807.160, 807.280 & 807.400 History: DMV 35-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 10-2017, f. 6-15-17, cert. ef. 7-1-17
735-062-0014 Proof of Legal Name (1) An applicant must provide proof of the applicant’s current legal name. (2) There must be sufficient connection between information shown on the identity document and the proof of the applicant’s current legal name for DMV to determine that the applicant is the person named in the identity document. Examples of connecting information include first name, middle name or middle initial, previous surnames used, date of birth, place of birth, social security number or mother’s maiden name. (3) DMV may accept an identity document listed in OAR 735-062-0020 as proof of the applicant’s current legal name. (4) If the applicant’s proof of legal name does not establish the applicant is the same person named in the document submitted as proof of identity or DMV records do not show the person’s current legal name, the applicant must provide documentary proof of a legal name change. Documentary proof of an applicant’s legal name change may include, but is not limited to: an official government-issued marriage document, a divorce decree, a certificate of registered domestic partnership, a judgment of dissolution or annulment of marriage or domestic partnership, an adoption decree, and a court decree, order or judgment legally changing the applicant’s name. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 802.260, 807.050, 807.110, 807.400 & 807.455 History: DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09 DMV 23-2008(Temp), f. 9-11-08, cert. ef. 9-15-08 thru 3-13-09
735-062-0023 Proof of Legal Name, Real ID (1) If a first-time Real ID applicant’s legal name is different from the name in the document submitted to prove identity and lawful status pursuant to OAR 735-062-0022, the applicant must provide proof of the current legal name sufficient to establish that the applicant is the same person named in the document submitted as proof of identity and lawful status. (2) There must be sufficient connection between information shown on the identity and lawful status document and the proof of the applicant’s current legal name for DMV to determine that the applicant is the person named in the identity and lawful status document. Examples of connecting information include first name, middle name or middle initial, previous surnames used, date of birth, place of birth, social security number or mother’s maiden name. (3) DMV may accept an identity document listed in OAR 735-062-0020 as proof of the applicant’s current legal name. (4) DMV may use the applicant’s DMV record to help establish a connection between the identity document and the document used to establish identity and lawful status. (5) If the applicant’s proof of legal name does not establish the applicant is the same person named in the document submitted as proof of identity and lawful status, or the applicant’s identity document or DMV record do not show the person’s current legal name, the applicant must provide documentary proof of a legal name change. Documentary proof of an applicant’s legal name change may include, but is not limited to: (a) An official government-issued marriage document; (b) A divorce decree; (c) A certificate of registered domestic partnership; (d) A judgment of dissolution or annulment of marriage or domestic partnership; (e) An adoption decree; (f) A court decree; or (g) An order or judgment legally changing the applicant’s name. (6) An applicant for a renewal or replacement Real ID must provide proof of legal name if the applicant’s name has changed since the last issuance of a Real ID. Proof of legal name must be established in accordance with sections (3), (4) and (5) of this rule. Statutory/Other Authority: ORS 184.619, 802.010 & 807.455 Statutes/Other Implemented: ORS 807.455, 6 CFR §37.13 History: DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020
735-062-0035 Proof of School Attendance, Completion or Exemption (1) DMV may not issue a driving privilege to an applicant under 18 years of age unless the applicant provides proof of graduation from high school, a certificate for passing an approved high school equivalency test, such as the General Education Development (GED) test, or a certification from a parent or legal guardian that the applicant is attending school or is exempt from school attendance requirements. (2) The following are proof of high school graduation: (a) The applicant’s high school diploma, modified diploma, or a copy thereof; (b) A certified copy of the applicant’s high school transcript showing that the applicant has graduated; or (c) A letter on school letterhead and signed by the principal or the principal’s designee stating the applicant has graduated from high school. (3) An applicant under 18 years of age who is married or is emancipated may certify meeting school attendance requirements without needing the signature of a parent or legal guardian. Statutory/Other Authority: ORS 184.619, 802.010 & 807.066 Statutes/Other Implemented: ORS 807.066 History: DMV 3-2022, amend filed 03/10/2022, effective 03/10/2022 DMV 17-2017, amend filed 10/23/2017, effective 01/01/2018 DMV 10-2015, f. 12-17-15, cert. ef. 1-1-16 DMV 26-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 13-2000, f. & cert. ef. 10-13-00 DMV 6-2000(Temp), f. 8-10-00, cert. ef. 9-1-00 thru 2-27-01