Haw. Code R. § 19-122-306 - Exceptions process; persons unable to present all necessary documents
(a) In exceptional circumstances where a
document is required under sections
19-122-302,
19-122-304,
and
19-122-305 but is not available, the examiner of drivers may accept alternative documents
pursuant to section
19-122-303 as proof of an applicant's identity or lawful status.
(b) Covered employees designated by the
examiner of drivers shall:
(1) Obtain
supervisor approval to accept an alternate document;
(2) Obtain supervisor approval before
processing applicants with documents showing inconsistent names;
(3) Require the applicant to provide at least
two government issued documents showing same name;
(4) Use name on immigration documents;
or
(5) Record all names on driver's
license record.
(c)
Exceptions for residency for foreign missions: U.S. Department of State through
its Diplomatic Motor Vehicle Office has the sole authority to issue driver's
licenses for foreign missions members. No foreign mission member may legally
apply for or receive a driver's license in contravention of the limitations and
conditions imposed by the U.S. Department of State.
(d) Exceptions for documents to demonstrate
lawful status.
(1) An applicant who is unable
to present the documents required to determine lawful status pursuant to
section
19-122-305 shall provide at least one of the documents listed below to the examiner of
drivers to determine legal entry into the United States:
(A) Unexpired employment authorization
document Form I-766 or Form I-688B issued by DHS;
(B) Unexpired foreign passport with one of
the following: a valid, unexpired U.S. visa affixed or an approved 1-94 form
documenting the applicant's most recent admittance into the United States, or a
DHS admission stamp;
(C) Other
valid, unexpired U.S. INS document not listed in section
19-122-305;
or
(D) Other documents deemed
appropriate by the examiner of drivers for proof of legal entry.
(2) The examiner of drivers shall
verify that the submitted alternate documents for proof of lawful status are
authenticated through electronic or other means, including verification through
the SAVE system;
(3)
Notwithstanding all other eligibility requirements for licensure, if the
examiner of drivers can determine the length of lawful stay, the applicant's
license shall expire on the same date as the expiration date of lawful
status;
(4) Notwithstanding all
other eligibility requirements for licensure, if the examiner of drivers cannot
verify the length of lawful status, the applicant's license shall not exceed
one year from the date of entry into the United States;
(5) An applicant who can provide the examiner
of drivers with satisfactory and verifiable evidence of being fifty years of
age or older, along with acceptable proof of the applicant's social security
number verified by the examiner of drivers through SSOLV; and who has met all
other eligibility requirements for licensure in this State such applicant may
be issued a license with an expiration date pursuant to section
286-106,
HRS.
(e) Exception
process recorded.
(1) Alternate documents
accepted during an exception process shall be verified for authenticity and
noted in driver's record; and
(2)
All copies or images of the alternate documents accepted shall be retained and
attached to driver's record.
(f) Exceptions for document to show proof of
social security number. If a SSA account card is not available, one of the
following documents bearing the applicant's social security number verified by
the examiner of drivers through SSOLV may be accepted:
(1) A W-2 form, from previous year;
(2) A SSA-1099 form, from previous
year;
(3) A non-SSA 1099 form, from
previous year;
(4) A pay stub with
the applicant's name and social security number on it.
(g) Exceptions for documents to show proof of
legal name and date of birth.
(1) An applicant
who is unable to present the documents required to establish identity or date
of birth pursuant to section
19-122-302(1)
and 2 shall provide at least one of the following documents to the examiner of
drivers to determine the applicant's legal name and date of birth:
(A) Valid U.S. territorial driver's license
with photo issued by a Real ID compliant jurisdiction;
(B) U.S. Immigration and Naturalization
document or card not listed in section
19-122-302;
(C) Alien registration refugee
card;
(D) Valid military
identification card or U.S. Department of Defense common access card;
(E) Current or expired State of Hawaii
identification card issued after January 1, 2013;
(F) Other documents deemed appropriate by the
examiner of drivers for proof of name and date of birth;
(2) The examiner of drivers shall verify that
the alternate documents presented to establish legal name and date of birth are
authenticated through electronic or other means;
(3) An applicant who can provide the examiner
of drivers satisfactory and verifiable evidence of being fifty years of age or
older, along with acceptable proof of the applicant's name that can be verified
by the examiner of drivers through electronic or other means and has met all
other eligibility requirements for licensure in this state, such applicant may
be issued a license with an expiration date pursuant to section
286-106,
HRS.
Notes
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