Minnesota Administrative Rules

7410.0425 ADDITIONAL DOCUMENTATION.

Subpart 1.

When required.

Additional documentation may be requested by the department if the documents provided by the applicant appear to be altered or fraudulent, or there is reason to believe the applicant is not who the applicant claims to be.

Subp. 2.

Refusal.

The department may refuse to accept suspected fraudulent documents.

Subp. 3.

Effect of acceptance.

Acceptance by the department of copies of documents or review at the time of application is not acknowledgment of authenticity or veracity of those documents.

Subp. 4.

Notice of refusal.

A.

If an application is accepted at an application site and the documents presented are viewed, but fraudulent documents are suspected, the application and a copy of the documents presented must be transmitted to the department's driver and vehicle services division for review and verification with the issuing authority.

(1)

If verification of the presented documents is confirmed, the department shall issue the driver's license, identification card, or permit.

(2)

If verification of the presented documents is not confirmed by the department within 45 days of the application date, a written notice of refusal must be sent to the applicant to the address on the application form, indicating the department is not able to approve the application.

(3)

The applicant must be advised on the notice to contact the St. Paul driver evaluation office within 180 days of the date of the notice for an administrative review of the documents presented and of the applicant's right to a judicial review under Minnesota Statutes, section 171.19.

(4)

If the applicant does not contact the driver evaluation office within 180 days of the date on the notice, the application must be placed in suspense. The application may remain in suspense for up to five years if the department is not contacted by the applicant, after which the application must be destroyed.

B.

The applicant may appear at the department's driver evaluation office in St. Paul for an administrative review, or may call the St. Paul driver evaluation office at the telephone number indicated on the notice to schedule an administrative review, at an alternate driver evaluation site.

(1)

The commissioner may seek additional written information from the applicant requesting the administrative review or from an agency or person believed to have information relating to the facts underlying the matter.

(2)

The applicant may present additional information to the department at the time of the administrative review.

C.

If the department is able to verify the authenticity of presented documents and the applicant's identity as a result of the administrative review, the department shall notify the applicant within 15 days after completion of the administrative review that the application has been approved.

D.

If the administrative review causes the department to refuse to issue the driver's license, identification card, or permit, the applicant must be notified in writing of the refusal within 15 days after completion of the administrative review. The notice shall provide the reasons for the refusal.

Subp. 5.

Title and registration.

An owner that is an entity with a name that is not one listed in part 7410.0100, subpart 3, items A and B, may be required to provide evidence to verify the authority of the individual to sign on behalf of the entity if the authority of the individual signing is unknown.

Subp. 6.

Rules of evidence.

Authentication of a disputed primary or secondary document may be proved by any of the standards or methods listed in Minnesota Rules of Evidence, Rule 902.

Statutory Authority:

MS s 14.06; 168.10; 168.105; 168A.04; 168A.24; 171.02; 171.06; 171.061; 171.07; 171.10; 299A.01

History:

23 SR 832; 25 SR 616

Published Electronically:

October 11, 2007