No. 28785 (New Rule): R708-43. Yes or No Notification

DAR File No.: 28785
Filed: 06/07/2006, 02:24
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 verifying personal identifying information in accordance with Subsection 53-3-109(1)(c)(iii). 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 depository institution as defined in Section 7-1-103, may request a Yes or No Verification (YON) from the division or its designated provider. The yes response indicates the information submitted on an individual matches the information contained in the Driver License Division database. The no response indicates the information submitted on an individual does not match the information contained in the Driver License Division database. A YES Verification including photo (YIP) indicates the information submitted on an individual matches the information contained in the Driver License Division database and includes a digitized photo.

 

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 YON/YIP (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 verifying information on the Driver License Database 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 YON/YIP they request. It is anticipated requesters will save money as a result of the information they receive on a YON/YIP. 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.

R708-43. YES or NO Notification.

R708-43-1. Purpose.

The purpose of this rule is to define the procedures, requirements and format for verifying personal identifying information in accordance with Subsection 53-3-109(1)(c)(iii).

 

R708-43-2. Authority.

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

 

R708-43-3. Definitions.

(1) "Yes or No Verification (YON)" means an electronic notification that information submitted by a requester matches the information on the driver license division database. For this purpose Yes verifies a match of (a) through (c), and No indicates one or more items do not match the database information, including:

(a) name;

(b) driver license, driving privilege card or identification card number; and

(c) date of birth.

(2) "Yes or No Verification including a digitized photo (YIP)" means an electronic notification that information submitted by a requester matches the information on the driver license division database and includes the most recent digitized photo.

 

R708-43-4. Procedures.

(1) Upon receipt of a request for verification pursuant to Subsection 53-3-109(1)(c)(iii), the division will search the driver license division database and furnish a YON or YIP on any person who has a driver license, driving privilege card or identification card in the state.

(2) The YON or YIP contains certain personal identifying information and is protected from public disclosure for privacy reasons in accordance with the federal Driver Privacy Protection Act of 1994 (DPPA), Subsection 53-3-109, and Title 63, Chapter 2.

 

R708-43-5. Requirements.

(1) YONs or YIPs shall only be released to qualified requesters in accordance with the DPPA and Subsection 53-3-109(1)(c)(iii).

(2) In order to receive a YON or YIP, the requester must:

(a) provide acceptable proof that they are a depository institution as defined in Section 7-1-103;

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

(c) provide the name, Utah driver license number, driving privilege number or identification card number and date of birth of the person who is the subject of the request;

(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 provided; and

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

 

R708-43-6. Electronic Transactions.

Requests for YONs and YIPs will be transacted electronically as approved by the division.

 

KEY: driver license verification

Date of Enactment or Last Substantive Amendment: 2006

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