Or. Admin. Code § 735-062-0290

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

Section 735-062-0290 - Issuance, Replacement or Renewal of Undercover Driver Licenses or Identification Cards to Law Enforcement Officials

(1) For purposes of Oregon Laws 2009, Chapter 258, Section 4 and this rule:

(a) A "law enforcement agency" or "agency" is a county sheriff, city or municipal police department, Oregon State Police, a district attorney, the Criminal Justice Division of the Department of Justice, or an equivalent law enforcement agency of another state or the federal government;

(b) A "law enforcement official" or "official" is a certified peace officer who is performing undercover criminal investigative duties for a law enforcement agency.

(2) DMV will issue, replace or renew a fictitious driver license or fictitious identification card to a law enforcement official upon:

(a) Approval of an application submitted by the law enforcement agency for which an official is providing undercover criminal investigative duties; and

(b) Payment of the fees for a driver license or identification card as set forth in ORS 807.370, 807.375, and 807.410.

(3) For purposes of section (2) of this rule, an application for the issuance, replacement or renewal of a fictitious driver license or fictitious identification card must:

(a) Be submitted by the law enforcement agency that employs the official, or if the official is on a special assignment with another agency, such as an inter-agency task force, may be submitted by the agency for which the official is performing undercover criminal investigative duties;

(b) Be on official agency letterhead or on DMV Form 735-7343, Oregon DMV Undercover Driver License/Identification Card Request;

(c) Contain proof that the official is a certified peace officer. Such proof includes, the official's badge number or Department of Public Safety Standards and Training (DPSST) number, an equivalent identifying number from another state or the federal government or other verifiable proof of certification;

(d) Provide the following information:

(A) The official's true name, date of birth, driver license or identification card number and state of issuance;

(B) The information that will be used on the official's fictitious driver license or identification card and fictitious DMV record, including name, address, date of birth, hair color, eye color, height and weight, and mother's maiden name;

(C) The class of license and endorsement requested. The official must already have qualified for and been issued the license class or endorsement type requested; and

(D) The mailing address, telephone number and if applicable, the Originating Agency Identifier (ORI) of the law enforcement agency.

(e) Indicate whether the request is for issuance, replacement or renewal of a fictitious driver license or identification card; and

(f) Be signed by the Sheriff, Chief of Police, Superintendent or agency head, or his or her designee.

(4) The DMV Confidential Records Desk will review the application. When approved, an appointment with the official will be scheduled to issue the fictitious driver license or identification card. A fictitious driver license or identification card will only be issued from DMV Headquarters. For verification purposes, at the appointment the official must provide proof of his or her true identity and badge number, DPSST number or equivalent certification number as described in section (5)(c) of this rule.

(5) A fictitious driver license or fictitious identification card must be surrendered to the DMV Confidential Records Desk when the official is no longer performing undercover criminal investigative duties for the law enforcement agency requesting the fictitious license or identification card.

Or. Admin. Code § 735-062-0290

DMV 3-2010, f. & cert. ef. 1-28-10

Stat. Auth.: ORS 184.616, 184.619, 802.010 & Sec. 4, Ch. 258, OL 2009

Stats. Implemented: Sec. 4, Ch. 258, OL 2009