Or. Admin. Code § 735-062-0130

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-062-0130 - Issuance of a Replacement Driver License, Driver Permit or Identification Card with a New Number

(1) For purposes of this rule:

(a) "Customer number" means the distinguishing number assigned to a driver license, driver permit or identification card;

(b) "Fraudulent use" means the use of another person's name and customer number for the purpose of misrepresenting a person's identity in order to commit the crime of identity theft, to receive financial gain, or to avoid legal responsibility after committing an offense. Examples include but are not limited to:

(A) Fraudulent use of a person's name and customer number to open a bank account, order checks or cash a forged check;

(B) Fraudulent use of a person's name and customer number to open a credit card account; or

(C) Giving another person's name and customer number to a police officer who is enforcing the motor vehicle laws in order to avoid legal responsibility for a traffic offense, resulting in a conviction(s) being posted to the other person's driving record.

(2) Upon request, the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) will issue a person a replacement driver license, driver permit or identification card with a different customer number if the person provides evidence satisfactory to DMV to show:

(a) The fraudulent use of the person's name and customer number; or

(b) That the person is a victim of abuse, stalking, or physical violence and the person is taking steps to protect his or her identity including a legal name change.

(3) Evidence submitted to DMV of the fraudulent use of a name and customer number must show that both the name and the customer number have been used for a fraudulent purpose. The person must provide at least one of the following types of documents:

(a) A copy of a police report or letter from a police agency;

(b) A report or letter from a credit card company, credit reporting bureau or financial institution;

(c) A report or letter from the Oregon Department of Revenue or Internal Revenue Service;

(d) A document issued by a Court; or

(e) A letter from a District Attorney.

(4) A person who is the victim of abuse, stalking, or physical violence must provide a court judgment showing a legal name change and at least one of the following types of documents that show the person has been a victim of abuse, stalking, or physical violence:

(a) A copy of a police report or letter from a police agency;

(b) A document issued by a Court;

(c) A letter from a District Attorney;

(d) A letter or report from a state agency or a community crisis center for domestic violence or physical or sexual abuse; or

(e) A letter or report from a physician, physician associate, nurse practitioner, psychologist, licensed clinical social worker or licensed professional counselor who provided treatment or counseling services to the person.

Or. Admin. Code § 735-062-0130

MV 26-1989, f. & cert. ef. 10-3-89; DMV 30-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thur 6-29-06; DMV 1-2006, f. & cert. ef. 2-15-06; DMV 8-2024, minor correction filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 184.619, 802.010, 807.160 & 807.400

Statutes/Other Implemented: ORS 807.160 & 807.400