Section 1340-01-13-.12 - PROOF OF DATE OF BIRTH, RESIDENCY, LAWFUL PERMANENT RESIDENCY, AND IDENTIFICATION(1) The Driver License Examiner will require positive proof of date of birth, residency, and identification of any person applying for any class of driver license, intermediate driver license, instructional permit, photo identification license, temporary driver license, temporary intermediate driver license, temporary instructional permit or temporary photo identification license.(2) Acceptable primary identification will include original or certified documents with full name and date of birth, such as the following items as approved by the Department of Safety:(a) Certified/Original Birth Certificate(b) Military Identification(c) Valid Foreign Passport or Permanent Resident Card(d) Out-of-State License/Another Country's License(e) Marriage License/Certificate(f) Federal Census Record(g) Applicant's Own Child's Birth Certificate (h) Adoptive Decree(i) Legal Change of Name (as recorded in court decree)(j) Military Discharge (for separation from service)(k) Any confirmation of date of birth in court of law(l) U.S. Department of Homeland Security documentation(m) Social Security Number Verification(n) Valid or expired U.S. Passport(o) Any other documentary evidence which confirms to the satisfaction of the Department the true identity and date of birth of the applicant.(3) If the Department has reason to question the authenticity of any document provided, the Department shall confirm the authenticity of the document(s). If the document(s) cannot be authenticated to the satisfaction of the Department, the document(s) shall not be accepted.(4) In addition to the primary identification, verification of the Social Security Number is required for applicants for commercial driver licenses and may be required for applicants for other classes of driver or photo identification licenses. Acceptable verification includes original, computer generated or typed documents containing the Social Security Number such as: (a) Social Security Card itself, not metal or plastic replicas(b) Out-of-State Driver License(c) Military Records: IDEA, Assignment orders, DD-214, Selective service card(d) Social Security Print Out(e) IRS Forms and W-2 Forms(f) Health Insurance Card(g) Medicaid/Medicare Cards(h) Computer Printouts of Bank Statements, and Saving Account Statements(j) Computerized Check Stubs(k) Union Membership Cards.(5) The following documents are acceptable for name changes:(a) Certified or original Marriage Certificate(b) Certified Court Order(c) Certified Divorce Decree(d) Military Identification(e) Any other documentary evidence which confirms to the satisfaction of the Department the applicant's name change.(6) The following document is required for gender changes: (a) A statement from the attending physician that necessary medical procedures to accomplish the change in gender are complete.(7) An applicant seeking to obtain a driver license, intermediate driver license, instructional permit, photo identification license, temporary driver license, temporary intermediate driver license, temporary instructional permit or temporary photo identification license upon initial issuance shall provide acceptable proof of residency which shall consist of providing two (2) documents including, but not limited to, the following, which must include the applicant's name or the name of the applicant's spouse, if the applicant has a spouse, or if the applicant is a minor, the name of a parent or legal guardian: (a) Utility bill, including telephone service, showing a valid Tennessee residence address;(b) Bank Statement showing a valid Tennessee residence address;(c) Rental contract or receipt showing a valid Tennessee residence address;(d) Employer verification acceptable by the Department;(e) Automobile, Life, or Health Insurance Policies showing a valid Tennessee residence address;(f) Driver License issued by State of Tennessee to a parent, legal guardian or spouse;(g) Tennessee motor vehicle registration showing a valid Tennessee residence address;(h) Internal Revenue Service Tax Reporting W-2 form;(i) Receipt for personal or real estate taxes paid within the last year showing a valid Tennessee resident address;(j) In the case of a student enrolled in a public or private education institution in this state, the student may provide a photo student I.D. and documentation acceptable to the Department that the student resides on campus.(8) Should an applicant be unable to provide two (2) of the documents described in paragraph 7, the applicant may provide acceptable proof of residency by providing one (1) of the documents listed in paragraph 7 and one (1) of the following: (a) The Individual Taxpayer Identification Number (ITIN) issued by the Internal Revenue Service resulting from the submission of a Form W-7 to the Internal Revenue Service;(b) Form I-94 issued to the applicant by the U.S. Department of Homeland Security;(c) Employment authorization document (E.A.D.) issued to the applicant by the U.S. Department of Homeland Security;(d) I-551 issued to the applicant by the U.S. Department of Homeland Security.Tenn. Comp. R. & Regs. 1340-01-13-.12
Original rule filed April 8, 1996; effective August 28, 1996. Amendment filed August 27, 2001; effective December 28, 2001. Amendment filed May 7, 2002; effective September 27, 2002. Amendment filed July 27, 2004; effective November 26, 2004. Public necessity rule filed September 24, 2007, effective through March 7, 2008. Public necessity rule filed September 24, 2007, expired March 8, 2008. Public necessity rule filed March 11, 2008, effective through August 23, 2008. Amendments filed December 3, 2007; effective April 29, 2008.Authority: T.C.A. §§ 55-50-202, 55-50-303, 55-50-321, 55-50-331, Public Chapter No. 194, 2007, Public Acts of 2004; Chapter 778, and 49 C.F.R. §383.153(1992).