Or. Admin. Code § 735-062-0016 - Requirements for Establishing Identity Under ORS 807.024 and Consequences of Applicant's Failure to Establish Identity
(1) An applicant for an original, renewal or
replacement driver license, driver permit or identification card must submit to
the collection of biometric data, as provided in ORS
807.024, for the purpose of
establishing identity, unless the applicant meets the requirements of OAR
735-062-0120 or
735-062-0125.
(2) To optimize the collection of biometric
data DMV will take a digital photograph of the applicant which must:
(a) Be full-faced;
(b) Clearly show the iris and pupil of each
eye; and
(c) Capture the
applicant's natural appearance in accordance with the requirements set forth in
section (4) of this rule.
(3) Notwithstanding subsection (2)(b) of this
rule, an applicant for an original, renewal or replacement driver license,
driver permit or identification card may be photographed:
(a) With his or her eyes closed if the
applicant provides documentation from a licensed physician, satisfactory to
DMV, that indicates that the camera flash may cause a seizure or other serious
medical condition. Except for subsection (4)(b) of this rule, the person must
comply with all other requirements for the digital photograph.
(b) Wearing an eye patch or eye covering if
the condition that caused the wearing of the eye patch or eye covering is a
permanent medical condition. Except for subsection (4)(c) of this rule, the
person must comply with all other requirements for the digital
photograph.
(4) To
comply with Section (2) of this rule, DMV will require the applicant to:
(a) Remove any eyeglasses;
(b) Remove any contact lens that
significantly changes the appearance of the applicant's eye;
(c) Remove any clothing or similar material
that partially or completely covers the applicant's face;
(d) Remove any head covering, including a hat
or cap, unless the head covering is for medical or religious reasons. A head
covering worn for medical or religious reasons must not cover or distort the
applicant's face; and
(e) Remove
makeup, face paint, jewelry, sticker or other temporary substance that covers
or distorts all or part of the face so as to significantly alter the
applicant's natural appearance and which DMV determines is likely to affect the
biometric measurements of the digital photograph.
(5) Except as provided in OAR
735-062-0120,
735-062-0125, if an applicant's
identity is not established by the biometric data submitted pursuant to
subsection (1) of this rule, the applicant must provide documentation or other
evidence sufficient to establish the applicant's identity to the satisfaction
of DMV. The documents or other evidence may include, but are not limited to,
one or more of the following:
(a) Documents
listed in OAR 735-062-0020 that provide proof
of the applicant's identity and date of birth to the satisfaction of
DMV.
(b) The applicant's SSN and
proof and verification of the SSN as provided in OAR
735-062-0005.
(c) A letter from a treating physician that
identifies the person and states a medical reason for the person's change in
appearance, if applicable.
(d) A
document or letter from a law enforcement agency verifying identity;
or
(e) A court document verifying
identity.
(6) DMV may
make a copy of any document presented by an applicant under section (5) of this
rule if a copy may assist DMV in its determination of the identity of an
applicant.
(7) Except as provided
in OAR 735-062-0120 and
735-062-0125, DMV will not issue
a driver license, driver permit or identification card, if the applicant's
identity is not established under this rule.
(8) Pursuant to ORS
809.310(1),
807.400(17),
and OAR 735-070-0004, DMV will cancel a
driver license, driver permit or identification card issued to an applicant who
fails to establish his or her identity as required by this rule when applying
for the license, permit or identification card.
(9) Pursuant to ORS
809.310(2),
807.400(17),
and OAR 735-070-0004, DMV will cancel a
driver license, driver permit or identification card issued to an applicant who
fails to establish his or her identity as required by this rule when applying
for the license, permit or identification card, and the failure to establish
identity is the result of the applicant's providing false information to
DMV.
(10) If, based on the
identification procedures required under section (1) or section (2) of this
rule, DMV determines that an applicant has used different names to identify
himself or herself in different applications submitted to DMV and the different
names are not the result of the applicant's having legally changed his or her
name, DMV may take the actions authorized by ORS
809.135.
Notes
Statutory/Other Authority: ORS 184.619, 802.010, 807.021 & 807.024
Statutes/Other Implemented: ORS 807.021, 807.024, 807.400, 809.135, 809.310, 807.400 & 809.411
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