Tenn. Comp. R. & Regs. 1340-01-13-.24 - FEDERALLY COMPLIANT LICENSES

(1) As used in this section:

(a) "Federally Compliant License" means a driver license or photo identification license, including a temporary driver license or temporary photo identification license, that complies with the Rules and Regulations of the United States Department of Homeland Security, 6 C.F.R. Part 37, in addition to the requirements of state law and regulations.

(b) "DHS" means the United States Department of Homeland Security.

(c) "Official purposes" means accessing Federal facilities, boarding Federally-regulated commercial aircraft, and entered nuclear power plants.

(d) "USCIS" means the United States Customs and Immigration Services.

(2) An applicant who applies for a Federally Compliant License shall be required to comply with the document and verification requirements of this section 1340-01-13-.24.

(3) The Driver License Examiner will require positive proof of identity, date of birth, citizenship, lawful permanent residency, and Tennessee residency of any person applying for any class of Federally Compliant License.

(4) The Department reserves the right to require primary proof of identity on other transactions as determined by the Department.

(5) Primary Identity Documents

(a) For applicants seeking to obtain a Federally Compliant License the acceptable primary identity documents are limited to those approved by DHS pursuant to 6 C.F.R. Part 37 that include original or certified documents with applicant's full legal name and date of birth. Acceptable documents are:

1. Certified Birth Certificate registered with the applicant's State Office of Vital Statistics or equivalent agency in the individual's State of birth;

2. Valid, unexpired U.S. passport;

3. Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State (DS-1350 or FS-545) or Report of Birth Abroad (FS-240);

4. Valid, unexpired Permanent Resident Card (Form I-551) issued by DHS or INS;

5. Unexpired employment authorization document (EAD) issued by DHS, (I-766 or I-688B);

6. Unexpired foreign passport with a valid, unexpired U.S. visa affixed and accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States;

7. Certificate of Naturalization issued by DHS (N-550 or N-570);

8. Certificate of Citizenship issued by DHS (N-560 or N-561);

9. Federally compliant driver license or identification card issued in compliance with the standards established by 6 C.F.R. Part 37; and

10. Such other documents as DHS may designate by notice published in the Federal Register.

(6) Social Security Number

(a) In addition to providing primary identification, an applicant must provide proof of their Social Security Number, which shall be verified by the Department, for issuance of a Federally Compliant License or Federally Compliant CDL. Acceptable proof includes the following items as authorized by 6 C.F.R. Part 37:

1. Social Security Card (does not include metal or plastic replicas);

2. IRS Forms (W-2; SSA-1099); Non-SSA 1099 forms may also be accepted such as those issued for gambling winnings or other non-work compensation that may be on local jurisdiction 1099 forms;

3. Computerized Paycheck Stubs with the applicant's name and SSN printed on it; and

4. Such other documents as DHS may designate by notice published in the Federal Register.

(b) Individuals presenting the unexpired foreign passport ( 1340-01-13-.24(5)(f) ) as primary identity document must present a verified SSN or demonstrate non-work authorized status through DHS or USCIS.

(c) The SSN will be verified through a Social Security Administration verification process that is compliant with 6 C.F.R. § 37.13(b)(2).

(7) Citizenship, Permanent Residence, or Lawful Presence

(a) Applicants applying for a Federally Compliant License shall present proof acceptable to the Department that such applicant is a United States citizen or a lawful permanent resident of the United States. Such proof is limited to the following items as authorized by 6 C.F.R. Part 37:

1. Certified Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Guam);

2. U.S. Consular Report of Birth Abroad (DS-1350 or FS-545);

3. Report of Birth Abroad of a Citizen of the U.S. (FS-240);

4. Valid, unexpired U.S. Passport;

5. Certificate of Naturalization (N550, N570 or N578);

6. Valid, unexpired Permanent Resident Card (I-551);

7. Valid, unexpired Conditional Resident Card (I-551);

8. Form I-94 Record of Arrival and Departure stamped Refugee, Asylee or Asylum; however, applicants who present the Refugee/Asylee I-94 must also present another USCIS document as supporting evidence such as:

(i) Valid employment authorization document (I688B or I766);

(ii) Notice of Action (I-797 or I-797C) indicating USCIS receipt of a pending or approved application for lawful permanent residency or adjustment of status (I-485) or application for employment authorization (I-765).

9. Such other documents as DHS may designate by notice published in the Federal Register.

(b) Applicants applying for a Federally Compliant License who are not US Citizens or Lawful Permanent Residents shall present proof acceptable to the Department that such applicant lawfully present in the United States.

1. An applicant who has submitted the following identity documents will not need to provide additional proof of lawful presence:

(i) Certified Birth Certificate issued by a U.S. state, jurisdiction or territory (Puerto Rico, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Guam);

(ii) U.S. Consular Report of Birth Abroad (DS-1350 or FS-545);

(iii) Report of Birth Abroad of a Citizen of the U.S. (FS-240);

(iv) Valid, unexpired U.S. Passport;

(v) Certificate of Naturalization issued by DHS, Form N-550 or Form N-570.

(vi) Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.

2. An applicant who has submitted any other approved identity document will also need to present a second identity document or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS.

(8) Renewals and Duplicates

(a) Persons holding a Federally Compliant License shall be required to renew their license or obtain a duplicate in person if the previous renewal or duplicate was not obtained in person.

(b) Persons holding temporary Federally Compliant Licenses shall be required to renew in person to present updated lawful presence documents.

(c) The Department shall take an updated photograph of the applicant at any in person transaction.

(d) The Department shall re-verify the renewal applicant's SSN and lawful status, if applicable, prior to renewing the Federally Compliant License.

(e) Any material change of name or other personally identifiable information shall require a person to renew or obtain a duplicate in person, and the person shall present acceptable documentation of the change.

(9) Federally Compliant License Documents

(a) Any Federally Compliant License card shall conform to the requirements of 6 C.F.R. Part 37.

(b) Any driver license or photo identification license, including temporary driver license or temporary photo identification license that is not Federally Compliant shall clearly state on the face of the card that it is not acceptable for official purposes and shall be distinguishable from Federally Compliant Licenses.

(10) The Tennessee Department of Safety, Division of Driver License Issuance hereby adopts the REAL ID Driver Licenses and Identification Cards regulations, and all subsequent amendments thereto, promulgated, approved, and adopted by the United States Department of Homeland Security and contained in Title 6 of the C.F.R. Part 37.

Notes

Tenn. Comp. R. & Regs. 1340-01-13-.24

Original rule filed January 31, 2019; to have become effective May 1, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rule; new effective date 6/30/2019.

Authority: T.C.A. §§ 4-3-2009; 55-50-202; 55-50-321; and 55-50-331.