Haw. Code R. § 19-149-8 - Exceptions process; persons unable to present all necessary documents
(a) In exceptional circumstances where a
document is required under sections
19-149-3,
19-149-5 and
19-149-6 but is not available, the
examiner of drivers may accept alternative documents pursuant to section
19-149-4 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;
and
(5) Record all names on state
civil identification record.
(c) 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 19-149-6 of this chapter 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 1-766 or Form I-688B issued by Department of Homeland
Security;
(B) Unexpired foreign
passport with one of the following: a valid, unexpired United States visa
affixed or an approved 1-94 form documenting the applicant's most recent
admittance into the United States, or a Department of Homeland Security
admission stamp;
(C) Other valid,
unexpired United States Immigration and Naturalization Service document not
listed in section
19-149-6; 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
Department of Homeland Security systematic alien verification for entitlements
system.
(3) Notwithstanding all
other eligibility requirements for state civil identification, if the examiner
of drivers can determine the length of lawful stay, the applicant's card shall
expire on the same date as the expiration date of lawful status.
(4) Notwithstanding all other eligibility
requirements for state civil identification, if the examiner of drivers cannot
verify the length of lawful status, the validity period of the applicant's card
shall not exceed one year from the date of entry into the United
States.
(d) Exception
process recorded.
(1) Alternate documents
accepted during an exception process shall be verified for authenticity and
noted in applicant's record.
(2)
All copies or images of the alternate documents accepted shall be retained and
attached to applicant's record.
(e) Exceptions for document to show proof of
social security number. If a social security account card is not available, one
of the following documents bearing the applicant's social security number
verified by the examiner of drivers through social security on-line
verification may be accepted:
(1) A W-2 form,
from previous year;
(2) A SSA-1099
form, from previous year; or
(3) A
non-Social Security Administration 1099 form, from previous year.
(f) 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
19-149-3(a)(2)(A) and
(B) of this chapter 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 United States territorial driver's license with photo issue by a Real ID
compliant jurisdiction;
(B) United
States Immigration and Naturalization document or card not listed in section
19-149-3;
(C) Alien registration refugee
card;
(D) Valid military
identification card or United States Department of Defense common access
card;
(E) Current or expired State
of Hawaii identification card issued after January 1, 2013; or
(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.
Notes
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