Or. Admin. Code § 735-062-0133

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-062-0133 - Identification Card Issuances to Applicants Experiencing Homelessness, Nonprofit Organization Qualifications

(1) Except for the additional fee for a REAL ID identification card described section (2) of this rule, DMV will not charge a qualified applicant a fee to issue or renew a REAL ID or non-REAL ID identification card if the applicant is experiencing homelessness, as defined in section (7) of this rule, and meets the following requirements:

(a) The applicant completes all application requirements for an identification card described in:

(A) OAR 735-062-0010 for an applicant who has not previously been issued an identification card and is applying for a non-Real ID identification card;

(B) OAR 735-062-0011 for an applicant who has not previously been issued an identification card and is applying for a Real ID identification card; and

(C) OAR 735-062-0090 for an applicant who is renewing a Real ID or Non-Real ID identification card in a DMV office and OAR 735-062-0125 for an applicant who is renewing an identification card by mail.

(b) The applicant submits a Determination of Homelessness form (DMV form 735-7183) that was completed by a nonprofit organization described in section (8) of this rule or a state agency as defined in ORS 807.410 and described in section (9) of this rule. To qualify for a free identification card, the form must be submitted to DMV within 60 days of being signed by a representative of a nonprofit organization or state agency, along with an application for issuance of an identification card.

(2) An applicant who applies for issuance, renewal or replacement of a REAL ID identification card in accordance with this rule will be charged the REAL ID fee described in OAR 735-062-0295.

(3) Except for the additional fee for a REAL ID identification card described section (2) of this rule, DMV will not charge a qualified applicant a fee to replace an identification card if the applicant is experiencing homelessness, as defined in section (7) of this rule, if:

(a) The applicant completes all application requirements to replace an identification card described in OAR 735-062-0110 or 735-062-0125;

(b) The applicant submits a Determination of Homelessness form (DMV form 735-7183) that was completed by a nonprofit organization described in section (8) of this rule or a state agency, as defined in ORS 807.410 and described in section (9) of this rule. To qualify for a free identification card, the form must be submitted to DMV within 60 days of being signed by a representative of a nonprofit organization or state agency, along with an application for issuance of an identification card; and

(c) DMV has not issued two replacement identification cards in accordance with this rule since initial issuance or last renewal.

(4) A representative of a nonprofit organization or state agency may obtain a Determination of Homelessness form (DMV form 735-7183) by sending an email request to Customerconnect@odot.oregon.gov. DMV may not process incomplete or unsigned forms.

(5) Issuances of identification cards described in sections (1) and (3) of this rule are not eligible for electronic transactions described in OAR 735-018-0160 and 735-018-0170.

(6) If a qualified applicant has valid driving privileges or is eligible to reinstate their driving privileges, the qualified applicant is required to surrender their driving privileges prior to issuance of an identification card in accordance with this rule.

(7) "Homelessness" as defined in this rule and ORS 807.410 means an individual experiencing one or more of the following:

(a) An individual who lacks a fixed, regular, and adequate nighttime residence.

(b) An individual with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport or camping ground.

(c) An individual living in a supervised publicly or privately operated shelter designed to provide temporary living arrangements (including hotels and motels paid for by federal, state, or local government programs for low-income individual or by charitable organizations, congregate shelters, and transitional housing).

(d) An individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided.

(e) An individual who:

(A) Will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in a hotel or motel not paid for by federal, state, or local government programs for low-income individuals or by charitable organizations, as evidenced by:

(i) A court order resulting from an eviction action that notifies the individual that they must leave within 14 days;

(ii) The individual having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or

(iii) Credible evidence indicating that the owner or renter of the housing will not allow the individual to stay for more than 14 days, and any oral statement from an individual seeking homeless assistance that is found to be credible shall be considered credible evidence for purpose of this clause;

(B) Has no subsequent housing identified; and

(C) Lacks the resources or support networks needed to obtain other permanent housing.

(f) An unaccompanied youth defined as homeless under other state or federal statutes who:

(A) Has experienced a long-term period without living independently in permanent housing;

(B) Has experienced persistent instability as measured by frequent moves over such period; and

(C) Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical or mental health conditions, substance addiction, history of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment.

(g) An individual who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the individual's current housing situation, who has no other housing and lacks the resources or support networks to obtain other permanent housing.

(8) "Nonprofit organization" means:

(a) An entity that is established as a nonprofit organization qualifying for tax exempt status under section 501(c)(3) of the Internal Revenue Code; and

(b) Provides services to individuals experiencing homelessness, as defined in section (7) of this rule.

(9) A state agency, as defined in ORS 807.410, qualifies to complete documentation under ORS 807.410 if the agency provides services to individuals experiencing homelessness, as defined in section (7) of this rule.

Or. Admin. Code § 735-062-0133

DMV 30-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010 & 807.410

Statutes/Other Implemented: ORS 807.400 & 807.410