No. 37657 (Emergency Rule): Rule R708-45. Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State

DAR File No.: 37657
Filed: 05/23/2013 01:56:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline provisions to add a motorcycle endorsement to a Utah driver license for military personnel and their dependents stationed outside of Utah (H.B. 32, 2013 General Legislative Session); clarify the provisions for the issuance of a license to military personnel and their dependents stationed outside of Utah; and to add provisions for the issuance of a Utah driver license to civilian employees of the U.S. State Department or the U.S. Department of Defense and their dependents stationed outside the United States (H.B. 268, 2012 General Legislative Session).

Summary of the rule or change:

This rule outlines provisions to add a motorcycle endorsement to a Utah driver license for military personnel and their dependents stationed outside of Utah (H.B. 32, 2013 General Legislative Session); clarifies the provisions for the issuance of a license to military personnel and their dependents stationed outside of Utah; and adds provisions for the issuance of a Utah driver license to civilian employees of the U.S. State Department or the U.S. Department of Defense and their dependents stationed outside the United States (H.B. 268, 2012 General Legislative Session).

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: H.B. 32 (2013), Driver License Motorcycle Endorsement Amendments, Section 53-3-205(21) was effective as of 05/14/2013.

State statutory or constitutional authorization for this rule:

• Subsection 53-3-205(21)

Anticipated cost or savings to:

the state budget:

The Utah Legislature appropriated $7,000 from the Public Safety Transportation Restricted Account to implement the provisions of H.B. 32 (2013). This cost is associated with statute not this rule.

local governments:

There is no fiscal impact to local government because local government does not issue Utah driver licenses.

small businesses:

There is no fiscal impact to small businesses because small businesses do not issue Utah driver licenses.

persons other than small businesses, businesses, or local governmental entities:

There is no fiscal impact to persons other than small businesses, businesses or local government entities because these groups do not issue Utah driver licenses.

Compliance costs for affected persons:

There are no compliance costs for affected persons other than the statutorily required license and endorsement application fees.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and agree this rule does not have a fiscal impact on businesses.

Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

This rule is effective on:

05/23/2013

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

[R708-45. Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State.

R708-45-1. Purpose.

Effective January 1, 2010, the Utah Driver License Division will issue a renewal or a duplicate regular license certificate through the mail under the provisions of this rule to an individual who is a Utah resident that is temporarily residing outside of the state.

 

R708-45-2. Authority.

This rule is authorized by Section 53-3-104 and 53-3-205.

 

R708-45-3. Definitions.

(1) "Driving Privilege Card" means the evidence of the privilege granted and issued under Chapter 53-3 to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States.

(2) "Limited-Term License Certificate" means the evidence of the privilege granted and issued under Chapter 53-3 to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(B).

(3) "Regular Driver License Certificate" means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-205(8)(a)(ii)(A).

 

R708-45-4. Provisions.

(1) A valid Regular License Certificate holder with a digitized driver license photo on file with the division who is a resident of the state of Utah and is temporarily residing outside the state of Utah may apply for a renewal or a duplicate of their driver license under the provisions of this rule.

(a) Upon request and verification of eligibility, a driver will be mailed an application form, a Certificate of Visual Examination, a medical questionnaire, and general instructions for completion of the renewal or duplicate license process.

(b) During the five year period prior to the application request date, the driver's record may not contain evidence which may represent a hazard to public safety.

(c) Drivers will be required to comply with verification of identity, verification of legal presence, social security number verification, and Utah residency verification requirements pursuant to Section 53-3-205 in order to complete the license application process.

(d) Drivers who are 64 years and 6 months old or older, or who have answered "yes" to the vision question under category "I" on the medical questionnaire, must furnish a current Certificate of Visual Examination form before renewing under the provisions of this rule.

(e) Drivers will mail in the completed application; required identity, legal presence, social security number and Utah residence address documents; and appropriate fees to the Driver License Division, after which the division will mail out a renewal or duplicate license certificate.

(2) Drivers that have changed their name or do not have the appropriate restrictions under Section 53-3-208 on their present driver's license are not eligible to obtain a renewal or a duplicate of their driver license under the provisions of this rule.

(3) A driver whose current license has been issued under the provisions of this rule may only renew by mail or receive another duplicate through the mail in the following renewal cycle if approved by the division director or designee. Drivers may renew under the provisions of this rule only once in a ten year period unless approved by the division director or designee.

(4) In the event that the driver license has already expired at the time the driver license application is submitted through the mail, the application for renewal will not be processed unless it is received within six months from the current expiration date.

(5) If the applicant is ordered to active duty and stationed outside Utah in any of the armed forces of the United States, and the driver license is valid until 90 days after the person has been discharged or has left the service, the division may issue a renewal or duplicate license under the provisions of this rule;

(a) unless the license has been suspended, disqualified, denied, revoked or cancelled by the division;

(b) upon receipt of supporting documentation or verification that establishes that the individual is ordered to active duty in addition to the requirements as outlined in subsection (1).

(c) the renewal license certificate will reflect an updated expiration date, however, the license will remain in effect until 90 days after the person has been discharged or has left the service.

(7) Commercial drivers under the "Commercial Driver License Act", Limited-Term License holders and Driving Privilege Card holders do not qualify to obtain a duplicate or renew under the provisions of this rule.

 

KEY: driver license

Date of Enactment or Last Substantive Amendment: December 31, 2009

Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-205]

R708-45. Renewal or Duplicate License for Utah Residents Temporarily Residing Out of State.

R708-45-1. Purpose.

The purpose of this rule is to establish procedures whereby the division may renew or issue a duplicate regular license certificate to a Utah resident who is temporarily residing outside of the state.

 

R708-45-2. Authority.

This rule is authorized by Sections 53-3-104 and 53-3-205.

 

R708-45-3. Definitions.

Definitions in this rule are found in Section 53-3-102.

In addition:

(a) "DOD applicant" means a person who is a civilian employee of the United States Department of Defense that is stationed outside of the United States, or an immediate family member or dependent residing outside of the United States with such person who has applied for a renewal or duplicate Utah driver license;

(b) "DOS applicant" means a person who is a civilian employee of the United States State Department that is stationed outside of the United States, or an immediate family member or dependent residing outside of the United States with such person who has applied for a renewal or duplicate Utah driver license; and

(c) "military applicant" means a person who is ordered to active duty and stationed outside Utah in any of the armed forces of the United States, or an immediate family member or dependent residing outside of Utah with such person who has applied for a renewal or duplicate Utah driver license.

 

R708-45-4. Requirements to Renew or Obtain a Duplicate License.

(1) To be eligible to obtain a renewal or duplicate driver license under the provisions of this rule, an applicant shall:

(a) be a resident of the state of Utah;

(b) be temporarily residing outside the state of Utah; and

(c) have a valid regular license certificate with a digitized driver license photo on file with the division.

(2) The driver record of the applicant shall not:

(a) contain evidence that demonstrates the applicant is a hazard to public safety within the five-year period preceding the application; or

(b) reflect expiration of more than a six-month period at the time the application is submitted to the division unless:

(i) the applicant is a DOD applicant, DOS applicant or military applicant; and

(ii) the license has not been suspended, disqualified, denied, revoked or cancelled by the division.

(3) An applicant is not eligible to renew or obtain a duplicate license under the provisions of this rule if:

(a) the applicant holds a:

(i) commercial driver license;

(ii) limited term driver license; or

(iii) driving privilege card;

(b) the applicant has previously renewed or obtained a duplicate license under the provisions of this rule, unless approved by the division director or designee;

(c) the applicant has changed their name since the last Utah license was issued; or

(d) the required license restrictions have changed since the last Utah license was issued.

 

R708-45-5. Renewal or Duplicate License Application.

(1) To apply for a renewal or duplicate license under the provisions of this rule, an applicant shall submit to the division:

(a) a license application form, which can be obtained from the division either online or through the mail;

(b) verification pursuant to Section 53-3-205 of:

(i) identity;

(ii) legal presence;

(iii) social security number; and

(iv) Utah residency;

(c) a completed certificate of visual examination form which can be obtained from the division either online or through the mail, if the applicant is age 64 years and 6 months or older at the time of application;

(d) supporting documentation that establishes an applicant is a DOD applicant, DOS applicant or military applicant, if applicable;

(e) proof of successful completion of a certified Motorcycle Safety Foundation rider training course, if the applicant is a military applicant and is applying for an original motorcycle endorsement;

(f) written notice of the applicant's intent to apply for a renewal or duplicate license under the provisions of this rule; and

(g) applicable fees.

(2) Upon receipt of a completed application packet, the division:

(a) shall review the materials to determine if the applicant is eligible for a renewal or duplicate license; and

(b) may request additional information to determine if the applicant is eligible for a renewal or duplicate license.

(3)(a) If the division determines that the applicant has met all of the requirements for a renewal or duplicate license, the division shall issue the license certificate to the applicant.

(b) The license certificate shall expire as provided in Section 53-3-205.

(4) If the division determines that the applicant does not meet the requirements for a renewal or duplicate license:

(a) the division shall issue a denial letter to the applicant that states the reasons for the denial; and

(b) the applicant may seek agency review as provided by Section 63G-4-301 by filing a written request for review within 30 calendar days after the issuance of the letter.

 

KEY: renewal licenses, duplicate licenses, Utah resident temporarily out-of-state

Date of Enactment or Last Substantive Amendment: May 23. 2013

Authorizing, and Implemented or Interpreted Law: 53-3-104 and 53-3-205

 

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