Okla. Admin. Code § 595:10-1-101

Current through Vol. 42, No. 1, September 16, 2024

Section 595:10-1-101 - Identity fraud or theft

(a) In the event it is proven by the Identity Verification Unit, any law enforcement agency or officer and/or any court that identity fraud or theft has occurred in connection with an Oklahoma driver license or identification card, the victim may request the Identity Verification Unit to place a detailed restriction code 8 on the driving record. The victim shall be required by the Identity Verification Unit of the Department to provide a police report from their local law enforcement agency, that shows a determination of identity fraud or identity theft of their personal identifiers in relation to their Oklahoma Driver License and/or Oklahoma Identification Card. If the investigating agency is the Oklahoma Highway Patrol then a report will not be required from the victim's local law enforcement agency . The victim will also be given the opportunity to sign an affidavit stating he or she believes their identity has been compromised or they are the victim of identity fraud or theft and by signing the affidavit they give giving the Identity Verification Unit the authority to place a detailed restriction code 8 on their driving record. The Identity Verification Unit shall then cancel the originally issued driver license or identification card and assign to the victim another driver license or identification card with a new number.

(b) Only the detailed restriction code 8 shall be added by the Identity Verification Unit to the master file record of the original, cancelled driver license or identification card. All driving history shall remain on the file for a cancelled driver license. The detailed restriction shall state " Fraudulent document. Seize and mail to IVU PO Box 11415 Oklahoma City, OK 73136. " The detailed restriction code 8 listed below will be used by the Department of Public Safety in regard to Oklahoma Driver License and/or Oklahoma Identification Card Fraud or Identity Theft. Identity Verification Unit Staff will retain the ability to adjust the detailed restriction code 8 for a specific victim if necessary. Identity Verification Unit Staff will determine the proper detailed restriction code 8 from the following three codes:

(1) Cardholder is the victim of identity theft. Leo confirm identity prior to issuance of a citation or arrest. Questions contact the OHP Identity Verification Unit @ 405-425-2402 or after hours, holidays and weekends contact the Oklahoma Highway Patrol Communications Center at commcenter@dps. ok. gov or 405-425-2323 for a photo to help confirm identity.

(2) The information shown on this document is not the true identity of the document holder. The identity shown on this document is that of an identity theft victim. The photo shown on this document is of the suspect. The suspect's identity is unknown. Take appropriate enforcement action and/or seize this document and return to the OHP Identity Verification Unit at PO Box 11415 Oklahoma City, OK 73136. Questions contact the OHP Identity Verification Unit @ 405-425-2402 or after hours, holidays and weekends contact the Oklahoma Highway Patrol Communications Center at commcenter@dps. ok. gov or 405-425-2323 for a photo to help confirm identity.

(3) The information shown on this document is not the true identity of the document holder. The identity shown on this document is that of an identity theft victim. The photo shown on this document is of the suspect. What is believed to be the suspect's true identity is shown on the NLETS return associated with this document. Take appropriate enforcement action and/or seize this document and return to the OHP Identity Verification Unit at PO Box 11415 Oklahoma City, OK 73136. Questions contact the OHP Identity Verification Unit @ 405-425-2402 or after hours, holidays and weekends contact the Oklahoma Highway Patrol Communications Center at commcenter@dps. ok. gov or 405-425-2323 for a photo to help confirm identity.

(c) The Identity Verification Unit shall issue to the identity fraud or theft victim a new driver license or identification card with the new number and with a detailed restriction code 8. The detailed restriction code 8 shall include detailed information regarding each specific case. Only the driving history proven to belong to the identification fraud or theft victim shall be added to the new driver license driving history.

(d) If the identity of the identity fraud or theft suspect can be determined, the Identity Verification Unit shall place an identity fraud or theft administrative revocation (W80) on the driving privilege of the suspect. A stop shall be placed on the identification card privilege of the suspect. Placing stops on the driver license and/ or identification card privilege will prevent original issuance, renewal or duplication until the identity theft or fraud administrative revocation (W80) has been lifted. When requirements by the suspect are met, Identity Verification Unit Staff shall give administrative revocation (W80) release documentation to the suspect and/or to the Driver Compliance Division of the Department.

Okla. Admin. Code § 595:10-1-101

Added at 27 Ok Reg 2689, eff 8-26-10

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019