Public Safety, Driver License

Rule R708-46

Refugee or Approved Asylee Knowledge Test in Applicant's Native Language

Notice of Proposed Rule

(New Rule)

DAR File No.: 34804
Filed: 05/11/2011 08:59:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This is a new to outline the procedures and requirements in response to the passage of S.B. 47 (2011 General Session), Driver License and Identification Card Amendments. (DAR NOTE: S.B. 47 (2011) will be effective 07/01/2011.)

Summary of the rule or change:

This rule outlines the procedures and requirements for a refugee or approved asylee to take the knowledge test on Utah traffic laws in their native language with the assistance of an interpreter for their original Utah limited-term license.

State statutory or constitutional authorization for this rule:

• Section 53-3-206
• Section 53-3-205

Anticipated cost or savings to:

the state budget:

Computer programming costs to accommodate the requirements of S.B. 47 are approximately $4,000. There was a fiscal note attached to this bill that will cover these costs.

local governments:

Local government will not be affected by this rule because local government does not issue Utah driving certificates.

small businesses:

Small businesses will not be affected by this rule because small businesses do not issue Utah driving certificates.

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

Refugees and approved asylees will not be fiscally affected by this rule because the Department of Workforce Services will provide volunteer interpreters for the applicant at no cost.

Compliance costs for affected persons:

Refugees and approved asylees will not be fiscally affected by this rule because the Department of Workforce Services will provide volunteer interpreters for the applicant at no cost.

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

This rule will not have a fiscal impact on businesses because businesses do not issue Utah driving certificates.

D. 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
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 jlaws@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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Lance Davenport, Commissioner

R708. Public Safety, Driver License.

R708-46. Refugee or Approved Asylee Knowledge Test in Applicant's Native Language.

R708-46-1. Purpose.

Effective July 1, 2011, the Utah Driver License Division shall allow an applicant for a limited-term driver license to take the knowledge test on the state of Utah traffic laws in the person's native language the first time the person applies for a limited-term license certificate.

 

R708-46-2. Authority.

This rule is authorized by Section 53-3-206.

 

R708-45-3. Definitions.

(1) "Refugee" means a person who has entered into the United States in refugee status.

(2) "Approved Asylee" means a person who has an approved application for asylum in the United States or who has a pending application for asylum in the United States.

(3) "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).

 

R708-46-4. Requirements.

(1) The first time an applicant with a refugee or approved asylee status applies for a limited-term certificate they shall be given the opportunity to take the knowledge test in their native language.

(2) The Division of Workforce Services will maintain a list of qualified interpreters on the web.

 

R708-46-5. Procedures.

(1). The applicant must schedule an appointment for their first test using the on-line scheduler.

(2). The applicant must arrange for an interpreter approved by the Division of Workforce Services to accompany them for the test.

(a)The examiner will print a test from the testing kiosk server.

(b) The examiner will observe the interpreter read the test questions and answers to the applicant in their native language.

(c) Upon completion of the test, the examiner will:

(1) Grade the test

(2) Inform the applicant of the test score.

(3) Enter the results of the test on the applicant's driver license record.

 

KEY: limited-term driver license; knowledge test; refugee; approved asylee

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: 53-3-206