DAR File No. 29805

Public Safety, Driver License

R708-43

YES or NO Notification

NOTICE OF PROPOSED RULE

DAR File No.: 29805
Filed: 04/10/2007, 02:19
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Because of the federal Driver Privacy Protection Act of 1994 (DPPA), it was determined that the division could not provide a digitized photo (YIP) along with other information to a requester.

Summary of the rule or change:

Because the division could not provide a digitized photo, all references to a digitized photo (YIP) in the rule needed to be deleted.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Because of this rule change, the division will not be collecting $0.25 for the photos.

local governments:

There is no impact to local government because they are not involved in providing driver license information.

other persons:

Other persons will not have to pay an additional $0.25 fee for a photo.

Compliance costs for affected persons:

A requester will still have to pay a fee to receive the information they want except for a digitized photo. Because they cannot get a digitized photo, they will not have to pay the extra $0.25.

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

Requesters will still be charged a reasonable fee for each YON request. However they will not be charged the extra $0.25 due to this rule change. Scott T. Duncan, 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 vroos@utah.gov

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:

05/31/2007

This rule may become effective on:

06/07/2007

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-43. YES or NO Notification.

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) A YON[s] [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 a YON[s] [and YIPs ]will be transacted electronically as approved by the division.

 

KEY: driver license verification

Date of Enactment or Last Substantive Amendment: [August 8, 2006]2007

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