2 AAC 90.570 - Application and documents for a driver's license or identification card that is federally compliant
(a) An applicant for a driver's license that
is federally compliant must comply with the requirements of this section in
addition to the requirements of
2 AAC 90.420(a), (f) - (s), and
2 AAC 90.410,
2 AAC 90.425,
2 AAC 90.440,
2 AAC 90.450,
2 AAC 90.455,
2 AAC 90.470,
2 AAC 90.475,
2 AAC 90.480,
2 AAC 90.485, and
2 AAC 90.490. An applicant for an identification card
that is federally compliant must comply with the requirements of this section
in addition to the requirements of
2 AAC 90.420(a), (f), (m), (p), (r), (s), and
2 AAC 90.410,
2 AAC 90.425,
2 AAC 90.470,
2 AAC 90.475,
2 AAC 90.475,
2 AAC 90.480,
2 AAC 90.485, and
2 AAC 90.490.
(b) Each applicant for a driver's license or
identification card that is federally compliant must bear a full facial image
capture under
2 AAC 90.485; the applicant's iris and pupils of the
eyes shall be clearly visible.
(c)
The department shall maintain a photograph of an applicant under (b) of this
section even if no driver's license or identification card is issued. The
photographs must be stored in a format required under
2 AAC 90.640. If no driver's license or identification
card is issued to the applicant, the photograph must be stored for a minimum of
five years. If a driver's license or identification card that is federally
compliant is issued to the applicant, the photo must be stored for a period of
at least two years beyond the expiration date.
(d) Each applicant must sign a declaration
under penalty of perjury that the information presented on the application is
true and correct, and the department must retain this declaration. An applicant
must sign a new declaration when presenting new source documents to the
department on subsequent visits.
(e) An applicant for a driver's license or
identification card that is federally compliant must present at least one of
the following source documents to establish identity:
(1) a valid, unexpired United States passport
issued by the United States Department of State;
(2) a certified original or certified copy of
the applicant's birth certificate filed with a state or territory of the Unites
States Office of Vital Statistics or equivalent agency in the applicant's state
or territory of birth;
(3) a
consular Report of Birth Abroad issued by the United States Department of
State, Form FS-240, DS-1350 or FS-545;
(4) a valid, unexpired Permanent Resident
Card issued by the United States Department of Homeland Security or the United
States Immigration and Naturalization Service;
(5) an unexpired employment authorization
document issued by the United States Department of Homeland Security, Form
1-766 or Form I-688B;
(6) an
unexpired foreign passport with a valid, unexpired United States visa affixed
accompanied by the approved 1-94 form documenting the applicant's most recent
entry into the United States;
(7) a
Certificate of Naturalization issued by the Department of Homeland Security,
Form N-550 or Form N-570;
(8) a
Certificate of Citizenship, Form N-560 or Form N-561, issued by the United
States Department of Homeland Security;
(9) A driver's license or identification card
that is federally compliant issued in accordance with the standards established
by this chapter; or
(10) other
evidence of comparable validity designated by the United States Department of
Homeland Security in notice published in the Federal Register.
(f) Where the department permits
an applicant to establish a name other than the name that appears on a source
document, through marriage, adoption, court order, or other mechanism permitted
by state law or regulation, the applicant must present documentary evidence of
the name change through the presentation of documents issued by a court,
governmental body, or other entity of comparable authority as determined by the
department. The department shall maintain copies of the documentation presented
under 2 AAC 90.640 and maintain a record
of both the recorded name and the name on the source documents in a manner to
be determined by the department and in conformity with
2 AAC 90.640.
(g) To establish date of birth, an applicant
must present at least one document included in paragraph (e) of this
section.
(h) Except as provided in
(e)(6) of this section, an applicant who presents the identity documents listed
in (e)(1) and (2) of this section must have the applicant social security
number verified as set out in
2 AAC 90.580(d).
(i) To document the principal residence
address, an applicant must present at least two documents acceptable to the
department that include the individual's name and principal
residence.
(j) The department shall
issue a driver's license or identification card that is federally compliant
only to a person who has presented satisfactory evidence of lawful status and
met other requirements of
P.L.
109-13 , Division B, (REAL ID Act of 2005). If the
applicant presents one of the documents listed under 2 AAC 90.570(e)(1), (e)(2), (e)(3), (e)(4), (e)(7) or (e)(8) the department's verification of the
applicant's identity in the manner prescribed in
2 AAC 90.580 will also provide satisfactory evidence of
lawful status; Presentation of one of the identity documents listed under
paragraphs (e)(5), (e)(6) or (e)(9) of this section, does not provide
satisfactory evidence of lawful status. The applicant must also present a
second document listed under 2 AAC 90.570(e)(1), (e)(2), (e)(3), (e)(4), (e)(7) or (e)(8) or documentation issued by the Department of Homeland Security or
other federal agencies demonstrating lawful status as determined by the United
States Citizenship and Immigration Services. All documents must be verified in
the manner prescribed in
2 AAC 90.580.
Notes
Authority:AS 18.65.310
AS 28.05.068
AS 28.15.041
AS 28.15.101
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