DAR File No. 38022
This rule was published in the October 15, 2013, issue (Vol. 2013, No. 20) of the Utah State Bulletin.
Public Safety, Driver License
YES or NO Notification
Notice of Proposed Rule
(Repeal and Reenact)
DAR File No.: 38022
Filed: 09/25/2013 08:07:28 AM
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.
This change does not affect local government because local government does not have access to the "ValIDate" system.
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
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 firstname.lastname@example.org
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:
This rule may become effective on:
Nannette Rolfe, Director
R708. Public Safety, Driver License.
R708-43. YES or NO Notification.
The purpose of this rule is to define the procedures,
requirements and format for verifying personal identifying
information in accordance with Subsection
This rule is authorized by Subsection
(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
(b) license certificate or identification card number;
(c) date of birth.
(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
(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
(1) A YON shall only be released to qualified requesters
in accordance with the DPPA and Subsection
(2) In order to receive a YON, the requester
(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
(e) agree to comply with state and federal laws
regulating the use and further disclosure of information
(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.]
KEY: driver license verification
Date of Enactment or Last Substantive Amendment: [
June 8, 2007]
Notice of Continuation: January 20, 2011
Authorizing, and Implemented or Interpreted Law: 53-3-109(1)(c)
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20131015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at email@example.com.