Or. Admin. Code § 735-062-0125 - Standards for Issuance of a Renewal or Replacement Driver License, Driver Permit or Identification Card Containing a Previous Photograph by Mail

(1) If an applicant is unable to renew or replace their driver license, driver permit or identification card by visiting a DMV office or by electronic transaction, as described in OAR 735-018-0170, DMV may issue a renewal or replacement driver license, driver permit or identification card containing a photograph already on file with DMV, as authorized in ORS 807.115, to applicants in accordance with this rule.

(2) DMV may renew or replace an applicant's Real ID or non-Real ID driver license, driver permit or identification card, in accordance with applicable statutes authorizing renewal or replacement, by issuing a renewal or replacement driver license, driver permit or identification card containing a photograph of the applicant already on file with DMV, if the applicant:

(a) Provides proof that the applicant is a resident of or domiciled in Oregon as described in OAR 735-016-0040;

(b) If an applicant is applying for a renewal or replacement Real ID, the applicant must have previously proven lawful status in the United States as required by OAR 735-062-0022;

(c) Provides the applicant's SSN or a written statement that the person has not been assigned a SSN, as required under OAR 735-062-0005. DMV will verify the SSN with the SSA unless the SSN provided has previously been verified;

(d) Notwithstanding section (2)(c), if an applicant is applying for a renewal or replacement Real ID, the applicant must meet all requirements set forth in OAR 735-062-0006;

(e) Provides proof that the applicant is, in fact, the applicant to whom the driver license, driver permit or identification card to be renewed or replaced was issued; and

(f) Meets all other qualifications for the driver license, driver permit or identification card sought.

(3) An applicant for a renewal driver license, driver permit or identification card containing a previous photograph on file must submit a written statement to DMV establishing good cause why the applicant is not able to appear and apply for the renewal driver license, driver permit or identification card at a DMV office. Circumstances constituting "good cause" include, but are not limited to, the following:

(a) The applicant is temporarily in another jurisdiction or country for business reasons, employment or education, will be returning to Oregon, and continues to satisfy Oregon's residency requirements.

(b) The applicant is traveling outside of Oregon and the applicant's Oregon driver license, driver permit or identification card is lost, stolen or mutilated;

(c) The applicant is traveling outside of Oregon and the applicant's Oregon driver license, driver permit or identification card has expired or will expire before the applicant returns to Oregon; or

(d) The applicant has a medical condition or health problems that prevent him or her from applying for a renewal driver license, driver permit or identification card at a DMV field office and submits to DMV proof of the medical condition or health problems from the applicant's licensed health care provider.

(4) DMV will not issue a valid with previous photograph replacement or renewal driver license, driver permit or identification card to an otherwise qualified applicant, if the applicant makes a request to change name, date of birth or SSN.

(5) DMV will not issue a valid with previous photograph renewal Real ID to an applicant who provided proof of lawful status in the United States on a temporary basis under OAR 735-062-0022.

(6) Notwithstanding section (2) of this rule, DMV may issue a renewal driver license, driver permit or identification card containing a photograph of the applicant already on file with DMV, if the applicant has an Oregon driver license, driver permit or identification card and is on active duty in the United States Armed Forces stationed outside of Oregon who provides a copy of the applicant's:

(a) Most current Leave Earning Statement showing Oregon as the applicant's home on record;

(b) Federally-issued active duty Military identification card; and

(c) SSN to be verified with the SSA, if not previously verified.

(7) A spouse, domestic partner or dependent of a military person on active duty in the United States Armed Forces outside of Oregon who qualifies under section (6) of this rule, who has an Oregon driver license, driver permit or identification card may qualify for a renewed driver license, driver permit or identification card using the previous photograph, if the spouse, domestic partner or dependent provides a copy of the following:

(a) The military member's most current Leave Earning Statement showing Oregon as the military member's home on record;

(b) The military member's active duty Military identification card;

(c) The spouse, domestic partner or dependent's Military identification card; and

(d) The spouse, domestic partner or dependent's Social Security number. DMV must verify the SSN with the SSA, if not previously verified.

(8) Notwithstanding section (4) of this rule, DMV may issue a renewal or replacement driver license, driver permit or identification card that is not Real ID with a name change to an applicant who provides sufficient proof of full legal name as required by OAR 735-062-0014 and otherwise qualifies for a valid with previous photograph driver license, driver permit or identification card under section (6) or (7) of this rule.

(9) A replacement driver license, driver permit or identification card issued at a DMV office will contain the applicant's previous photograph on file unless the applicant requests a new photograph.

(10) DMV will not replace or renew a driver license, driver permit or identification card under this rule, if the applicant's most recent photograph on file with DMV is more than nine years old.

(11) Notwithstanding section (2)(a) of this rule, an applicant for a replacement driver license, permit or identification card containing a previous photograph on file is not required to provide proof of residency or domicile in Oregon as described in OAR 735-016-0040.

Notes

Or. Admin. Code § 735-062-0125

DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 14-2014, f. & cert. ef. 12/1/2014; DMV 4-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 2-2020, amend filed 01/28/2020, effective 1/28/2020; DMV 24-2020, amend filed 06/25/2020, effective 7/6/2020; DMV 34-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 19-2021, amend filed 09/13/2021, effective 9/13/2021

Statutory/Other Authority: ORS 184.619, 802.010, 807.110, 807.450, 807.480, 6 CFR § 37.23 & 6 CFR § 37.25

Statutes/Other Implemented: ORS 807.110, 807.400, 807.455 & 807.480