DAR File No. 38022

Public Safety, Driver License

Rule R708-43

YES or NO Notification

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 38022
Filed: 09/25/2013 08:07:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this change is to rename the rule and process defined under Subsection 53-3-109(7)(f) from "Yes or No Notification" to "Verification of Personal Identifying Information by Depository Institutions". This change includes new definitions, corrections to the rule format, and clarification of the procedures and requirements.

Summary of the rule or change:

This change renames the rule and the process defined under Subsection 53-3-109(7)(f) from "Yes or No Notification" to "Verification of Personal Identifying Information by Depository Institutions". The "Yes or No Verification (YON)" definition was deleted from the old rule, and "Division", "requestor," "ValIDate," and "Utah Interactive, Inc." are defined in the new rule. The new rule outlines and clarifies the application process for access to the ValIDate system which replaces and repeals the "Requirements" portion of the old rule. The new rule outlines and clarifies the procedure for verification of information which replaces and repeals the "Procedures" and "Electronic Transactions" portions of the old rule. The new rule outlines the suspension or revocation to access of the ValIDate system because of unauthorized use, and outlines the process to seek agency review of the suspension or revocation of access.

State statutory or constitutional authorization for this rule:

• Subsection 53-3-109(1)(c)(iii)
• Subsection 53-3-109(7)(f)

Anticipated cost or savings to:

the state budget:

This repeal and reenactment does not affect the state budget because this change outlines and clarifies the process under Subsection 53-3-109(7)(f) that has been in effect for several years.

local governments:

This change does not affect local government because local government does not have access to the "ValIDate" system.

small businesses:

This change does not affect small businesses because small business do not have access to the "ValIDate" system unless the business is a depository institution as defined in Section 7-1-103, and then this repeal and reenactment simply outlines and clarifies the process under Subsection 53-3-109(7)(f) that has been in effect for several years.

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

This change does not affect persons other than small businesses, businesses, or local government entities because only depository institutions defined in Section 7-1-103 have access to the "ValIDate" system and this repeal and reenactment outlines and clarifies the process under Subsection 53-3-109(7)(f) that has been in effect for several years.

Compliance costs for affected persons:

There are no compliance costs for affected persons because the fees associated with this service have not changed. This repeal and reenactment outlines and clarifies the process under Subsection 53-3-109(7)(f) that has been in effect for several years.

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

I have reviewed this rule and have determined there is no fiscal impact on businesses.

Keith D. Squires, 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 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:

11/14/2013

This rule may become effective on:

11/21/2013

Authorized by:

Nannette Rolfe, Director

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) license certificate or identification card number; and

(c) date of birth.

 

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 on any person who has a license certificate or identification card in the state.

(2) The YON 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 63G, Chapter 2.

 

R708-43-5. Requirements.

(1) A YON 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, 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;

(c) provide the name, Utah license certification 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 will be transacted electronically as approved by the division.]

R708-43. Verification of Personal Identifying Information by Depository Institutions.

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) "Division" means the Utah Driver License Division.

(2) "Requestor" means a depository institution as defined in Section 7-1-103 that seeks access to verify personal identifying information contained in the Utah Driver License Division Database.

(3) "ValIDate" means the electronic web interface used to verify personal identifying information contained in the Utah Driver License Division Database.

(4) "Utah Interactive, Inc." means the entity under contract with the division to provide the ValIDate system.

 

R708-43-4. Application for Access to the ValIDate System.

(1) To apply for access to the ValIDate system, the requestor must:

(a) meet the qualifications stated in Subsection 53-3-109(1)(c)(iii);

(b) submit a "User Agreement for the ValIDate System" to the Division; and

(c) submit documentation to the division that establishes the requestor is a depository institution as defined in Section 7-1-103.

(2) Upon receipt of the required form and documentation, the division:

(a) shall review the materials to determine if the requestor is eligible to access the ValIDate system; and

(b) may request additional information to determine if the requestor is eligible to access the ValIDate system.

(3) If the division determines the requestor has met the requirements to access the ValIDate system, the division shall notify Utah Interactive, Inc. that the requestor is authorized to access ValIDate.

(4) If the division determines the applicant does not meet the requirements to access the ValIDate system:

(a) the division shall issue a denial letter to the requestor stating the reasons for the denial; and

(b) the requestor 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.

 

R708-43-5. Procedures for Verification of Information.

(1) When submitting a query in ValIDate, the requestor shall enter the following information into the data fields:

(a) the subject's name as it appears on the Utah Driver License or Identification card;

(b) the subject's Utah Driver License or Identification card number; and

(c) the subject's date of birth.

(2) Upon submittal of an electronic request for verification, ValIDate will search the Utah Driver License Division Database and furnish a "YES" or "NO" response.

(3) A "YES" response verifies the name, Utah Driver License or Identification card number, and date of birth, matches the information in the Utah Driver License Division Database

(4) A "NO" response indicates one or more data fields submitted does not match the information in the Utah Driver License Division Database.

 

R708-43-6. Unauthorized Use.

(1) The division may suspend or revoke a requestor's access to ValIDate for failure to comply with the user agreement, this rule, or with Section 53-3-109.

(2) The requestor may seek agency review of the suspension or revocation as provided by Section 63G-4-301 by filing a written request for review within 30 calendar days after the issuance of the suspension or revocation letter.

 

KEY: driver license verification

Date of Enactment or Last Substantive Amendment: [June 8, 2007]2013

Notice of Continuation: January 20, 2011

Authorizing, and Implemented or Interpreted Law: 53-3-109(7)(f); 53-3-109(1)(c)(iii)