Ga. Comp. R. & Regs. R. 375-3-3-.23 - Pauper's Affidavit for Reinstatement or Restoration Fees

1.

(a) A customer may file a Pauper's Affidavit with the Department in lieu of paying the required driver's license reinstatement or restoration fee.

(b) Upon the submission and approval of the pauper's affidavit, the driver's license reinstatement or restoration fee shall be 50 percent of the fee required by law.

(c) Reinstatement or restoration fees for the following suspensions or withdrawals are not eligible for reduction under this provision:

i. Super Speeder (40-6-189)

ii. Safety Responsibility (40-9-3)

iii. Any other reinstatement or restoration fee not required by provisions contained in chapter 5 of Title 40

2.

(a) A customer seeking a 50 percent reduction in the required reinstatement or restoration fee using a Pauper's Affidavit must do so by utilizing DDS form DDS -355,"Pauper's Affidavit."

(b) The form will contain an oath for the customer to affirm his or her poverty and his or her resulting inability to pay the required driver's license reinstatement or restoration fee. The form will ask for customer information sufficient to indicate on its face that customer has neither the income nor the assets to pay the fee otherwise required. The form will also contain the following warning: "WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony."

(c) The Pauper's Affidavit (DDS -355) must be signed by the customer seeking the discounted fee and notarized by a duly authorized notary. For minors, a parent, legal guardian, or responsible adult will be required to complete and sign the affidavit (DDS-355). Verification of the identity of the parent, legal guardian, or responsible adult will be required.

3.

(a) The customer's eligibility for the 50 percent reduction in the required reinstatement or restoration fee will be determined by federal poverty guidelines.

(b) Only customers who meet the federal poverty guidelines as determined by income information provided by the customer on the Pauper's Affidavit (DDS - 355) will be approved to receive a 50 percent reduction in the required reinstatement or restoration fee.

4.

(a) If it is determined that a customer does not meet the federal poverty guidelines based on information provided by the customer on the Pauper's Affidavit (DDS - 355), the customer will be denied a 50 percent reduction in the required reinstatement or restoration fee.

(b) After the submission of a completed Pauper's Affidavit (DDS -355) and subsequent denial, the customer will not be allowed to reapply in that same visit. Customers may be reconsidered after completion of a new Pauper's Affidavit (DDS - 355) no sooner than 30 days after submission of a previous Pauper's Affidavit (DDS - 355) from the same customer.

5. Provisions contained in this regulation only apply to reinstatement or restoration fees and do not affect or eliminate other non-financial reinstatement requirements such as required courses or time required to be served on a suspension or withdrawal.

6. Knowingly making false statements and/or submitting false information on the Pauper's Affidavit (DDS -355) constitutes a felony offense of false swearing.

7. Pauper's Affidavit (DDS -355) submitted to the Department are subject to audit by the State of Georgia and Investigative Services Division of the Department of Driver Services. Such forms are not subject to Open Records.

Notes

Ga. Comp. R. & Regs. R. 375-3-3-.23

O.C.G.A. §§ 40-16-2, 40-16-3, 40-5-4, 40-5-9.

Original Rule entitled "Pauper's Affidavit for Reinstatement or Restoration Fees" adopted. F. Dec. 21, 2016; eff. Jan. 10, 2017.