No. 28784 (New Rule): R708-42. Driver Address Record

DAR File No.: 28784
Filed: 06/07/2006, 02:20
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define the procedures, requirements, and format for requesting and disclosing a Driver Address Record in accordance with Subsection 53-3-109(1)(c)(ii). This rule is in response to H.B. 169, which was passed in the 2006 General Session of the Utah Legislature. (DAR NOTE: H.B. 169 (2006) is found at Chapter 298, Laws of Utah 2006, and was effective 05/01/2006.)

 

Summary of the rule or change:

A qualified requester may request a Driver Address Record (DAR) from the division or its designated provider. A DAR includes the driver's name and Utah driver license, or driving privilege card number for all drivers in the division's database whose current address is the same as the driver requested. A requester must be qualified in accordance with the Federal Driver Privacy Protection Act of 1994 and Title 63, Chapter 2. A requester may only request a DAR for a person for whom the requester provides motor vehicle insurance.

 

State statutory or constitutional authorization for this rule:

Subsection 53-3-109(7)(f)

 

Anticipated cost or savings to:

the state budget:

There will be a cost to the state of Utah to research and provide information from the Driver License Division database files. The fee for a DAR (which has not been determined) will offset the costs to the state of Utah.

 

local governments:

There will be no cost to local governments because issuing DAR information is exclusively a state responsibility.

 

other persons:

There will be a cost to the designated provider to provide this service. The designated provider will charge all requesters a fee. The fee is yet to be determined.

 

Compliance costs for affected persons:

Utah Interactive, the designated provider under contract with the state of Utah, will charge the requester a fee for the Internet services they provide. Each qualified requester will be charged one fee per record. The fee will include the cost to the state of Utah and the cost to Utah Interactive to provide the Internet services. The fee has not yet been determined.

 

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

Requesters will be charged a reasonable fee for each DAR they request. It is anticipated requesters will save money as a result of the information they receive on a DAR. Robert Flowers, 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:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2006

 

This rule may become effective on:

08/07/2006

 

Authorized by:

Nannette Rolfe, Director

 

 

RULE TEXT

R708. Public Safety, Driver License.

R708-42. Driver Address Record.

R708-42-1. Purpose.

The purpose of this rule is to define the procedures, requirements and format for requesting and disclosing a Driver Address Record in accordance with Subsection 53-3-109(1)(c)(ii).

 

R708-42-2. Authority.

This rule is authorized by Subsection 53-3-109(7)(f).

 

R708-42-3. Definitions.

(1) "Driver Address Record" (DAR), means a computer generated compilation of particular elements contained in the Driver License Division electronic database, consisting of:

(a) driver's name;

(b) driver's license or driving privilege card number;

(c) driver's current residential address; and

(d) name and driver license or driving privilege card number of a person with a driver license residential address that is the same as the driver requested.

 

R708-42-4. Procedures.

(1) Upon receipt of a request for a DAR pursuant to Subsection 53-3-109(1)(c)(ii), the division will search its driver license files to compile and furnish a DAR on any person licensed in the state of Utah. A qualified requester may only obtain a DAR for a person who has obtained motor vehicle insurance, from the qualified requester pursuant to Title 31A Chapter 22 Part 3.

(2) DAR's shall only be released to qualified requesters in accordance with the Federal Driver Privacy Protection Act of 1994 (DPPA), Subsection 53-3-109(1)(c)(ii), and Title 63, Chapter 2.

 

R708-42-5. Requirements.

(1) In order to receive a DAR, the requester must:

(a) provide acceptable proof of identification that they are a qualified requester under Subsection 53-3-109(1)(c)(ii);

(b) enter into a contract with the division or its designated provider to obtain a DAR;

(c) provide the driver's name, Utah driver license or driving privilege card number and address;

(d) pay required fees as established by the division;

(e) agree to comply with state and federal laws regulating the use and further disclosure of information on an DAR; and

(f) comply with auditing processes and procedures as required by the division or its designated provider.

 

R708-42-6. Electronic Transactions.

Requests for DARs will be transacted electronically as approved by the division.

 

KEY: driver address record

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 53-3-109(1)(c)