Haw. Code R. § 19-149-12 - Temporary state civil identification card
(a) The examiner of
drivers may issue a temporary state civil identification card under the
following conditions:
(1) Whenever the person
is applying for a new or renewed state civil identification card.
(A) The examiner of drivers may obtain from
and provide to another state, electronic digital images and other personal
information through a digital image access and exchange program (DIAEP) system
regarding the holder of a civil identification card in a reasonable attempt to
identify identification card applicants and to deter identification card fraud
and identity theft as allowed by the Federal Driver Privacy Protection Act
(DPPA) to the extent that the issuing authorities are sharing and exchanging
such information to carry out their governmental functions. Any exchange of
information shall be done in accordance with Part VIII of Chapter 286 of the
Hawaii Revised Statutes, and any rules promulgated thereunder.
(B) The information obtained from the DIAEP
system will be used for the visual identification of a identification card
applicant; facial recognition technology may be used. The information will also
indicate if an identification card holder is deceased. All personal information
obtained from the DIAEP system shall be protected from unauthorized use and
disclosure, at a minimum, as required by the DPPA and the state of record. The
digital image and personal information obtained through the DIAEP system shall
not be kept for a period exceeding three working days; except for purposes of
identification card fraud, identity theft investigation, and prosecution; as
stated in section
19-149-12(C).
(C) A digital image and personal information
received from a state of record through the DIAEP system may be used for
purposes of investigating and prosecuting any individual who is reasonably
believed to have fraudulently attempted to obtain a civil identification card
by using the personal information of another individual whose image or personal
information has been received from the state of record, or who is reasonably
believed to have engaged in acts or conduct of a similar nature that constitute
a violation of law. Except as may be required by law, the examiner of drivers
shall not permit a digital image or personal information obtained from a state
of record to be accessed or used by a law enforcement agency or personnel of
such agency for any other purpose.
(2) If, due to circumstances beyond the
applicant's control, the applicant's documents or information relating to
identity (including social security number), and lawful status have not yet
been verified.
(3) In the event of
a non-match or non-response from systematic alien verification for entitlements
system, or a questionable status, and the examiner of drivers is unable to
resolve the issue through the exceptions process indicated under section
19-149-8 of this
chapter.
(4) In the event of a
non-match or non-response from social security on-line verification. or a
questionable status, and the examiner of drivers is unable to resolve the issue
through the exceptions process indicated under section
19-149-8 of this
chapter.
(5) Whenever the examiner
of drivers has reasonable cause to believe that the applicant may be a victim
of an image conflict, fraud, or where a discrepancy may exist in the
applicant's information when the examiner of drivers attempts to verify the
accuracy of the applicant's records with the issuing agency.
(b) The examiner of drivers shall
not issue a temporary state civil identification card under the following
conditions:
(1) Whenever the applicant's card
is cancelled, suspended, invalid, revoked, forfeited, or subject to any similar
action within this state or any other state, dominion or country.
(2) Whenever the examiner of drivers, after
completing the verification process which includes systematic alien
verification for entitlements system and social security online verification or
other Department of Homeland Security-approved means, is unable to verify the
applicant's documents or evidence of lawful status in the United
States.
(3) Whenever the applicant
does not hold a Hawaii civil identification card and is not a temporary or
permanent lawful resident;
(4)
Whenever the applicant holds a state civil identification card, unless the
holder is qualified for a card but needs to wait for central issuance to
produce and deliver the card.
(5)
Whenever the applicant with another jurisdiction's identification card refuses
to surrender the card for invalidation.
(6) Whenever the applicant's check or any
other form of payment has been dishonored and the payment of the dishonored
amount plus service charges has not been received by the examiner of drivers in
the form of cash, cashier's check, money order or any other form of payment
acceptable to the examiner of drivers.
(c) The temporary state civil identification
card shall:
(1) Be clearly marked on the face
of the paper card with the expiration date printed in red;
(2) Be printed on paper format with security
features as determined by the examiners of drivers of the four counties and
shall be consistent statewide; and
(3) Be valid for;
(A) A period of no greater than sixty days or
no longer than the expiration date of lawful status in the United States,
whichever is less; or
(B) A period
of no greater than sixty days if the evidence of lawful status has no
expiration date.
(d) Renewal of the temporary state civil
identification card shall be subject to the following:
(1) A temporary card may be renewed once in
person, provided that the examiner of drivers:
(A) Verifies the renewal applicant's social
security number and lawful status through social security on-line verification
and systematic alien verification for entitlements system, or through other
Department of Homeland Security-approved means.
(B) Verifies electronically any information
that was not verified at the previous issuance.
(2) A temporary card shall not be renewed by
mail.
(3) All material changes must
be established through the applicant's presentation of an original or certified
copy of the source document and must be verified by the examiner of drivers by
electronic, manual or other means.
Notes
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