DAR File No. 39182

This notice was published in the April 1, 2015, issue (Vol. 2015, No. 7) of the Utah State Bulletin.

Public Safety, Driver License

Rule R708-41

Requirements for Acceptable Documentation, Storage and Maintenance

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39182
Filed: 03/10/2015 03:23:26 PM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The responsibilities and duties of the Driver License Division have been established in Title 53, Chapter 3. As part of the Division´┐Żs responsibilities, Subsection 53-3-104(1) requires the division to make rules for acceptable documentation, storage, and maintenance of applicant information.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

From 01/01/2010 through 01/01/2015 there have been 133 written complaints regarding the identify/lawful presence documents required in Rule R708-41.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The division is required to make rules regarding the acceptable documentation, storage and maintenance of applicant information. As part of the Federal Real ID Act of 2005, acceptable documentation has been established which must be presented by the applicant in order to obtain a license or identification card. Deviation from this list could jeopardize the states compliance to the federal act and the Utah certificate (license or identification card) would no longer be acceptable for proof of identify for federal purposes. As of the end of December 2014, the majority of Utah certificate holders had complied with the federal act and this rule. Therefore, this rule should be continued.

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:

  • Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov



Authorized by:

Nannette Rolfe, Director

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

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/2015/b20150401.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.

For questions regarding the content or application of this rule, please contact Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.