Chapter 09. Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status
Regulation .01 Purpose and Application.LinkCopy Citation
The purpose of this chapter is to identify the documents acceptable to the Administration as proof of age, full name, identity, Maryland residence, Social Security number, and lawful status required for the issuance of a Maryland license or identification card as set forth in Ch. 390, Acts of 2009.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Motor Vehicle Administration.
(2)
“Birth certificate” means:
(a)
An original birth certificate or certified copy of the original birth certificate issued by a state or a territory of the United States; or
(b)
Record of birth issued by the State Office of Vital Records or the equivalent agency in the applicant's state of birth.
(3)
“Compliant” means a license or identification card that meets federal REAL ID standards.
(4)
“Full name” means an applicant's first, middle, and last name or surname, and suffix, if applicable, without the use of titles, initials or nicknames.
(5)
“Identification card” means a photo identification card issued under Transportation Article, §12-301, Annotated Code of Maryland.
(6)
“Lawful status” has the meaning stated in Transportation Article, §11-127.1, Annotated Code of Maryland.
(7)
License.
(a)
“License” means an original, renewal, duplicate, or corrected driver's license or permit to drive a motor vehicle issued by the Administration; and
(b)
“License” includes a:
(i)
Temporary license;
(ii)
Learner's instructional permit;
(iii)
Moped operator's permit;
(iv)
Provisional license; or
(v)
Commercial driver's license.
(8)
“Limited Term” means a compliant license or identification card where the term expires at:
(a)
The expiration date of the applicant’s authorized stay in the United States; or
(b)
If there is no verifiable expiration date, no longer than 1 year from date of issuance.
(9)
“Noncompliant” means a license or identification card that does meet federal REAL ID standards and is not acceptable by federal agencies for official purposes.
(10)
“Nursing home" means either:
(a)
A comprehensive care facility, as defined in COMAR 10.07.02.01B(6); or
(b)
An extended care facility, as defined in COMAR 10.07.02.01B(12).
(11)
“Renewal” means a license or identification card issued to replace an expiring license or identification card.
(12)
“Residence” has the meaning stated in Transportation Article, §11-149, Annotated Code of Maryland.
(13)
“SSA” means Social Security Administration.
(14)
“SSN” means a Social Security number assigned by the Social Security Administration.
(15)
“SSN non-match” means a Social Security number (SSN) which cannot be verified electronically with the Social Security Administration.
(16)
“Source document” means the original or a certified copy of a document acceptable to the Administration that is submitted by an applicant for a license or identification card.
(17)
“State” means any state, possession, or territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada.
(18)
“Temporary lawful status” has the meaning stated in Transportation Article, §11-165.1, Annotated Code of Maryland.
(19)
“U.S. DHS” means the United States Department of Homeland Security.
Regulation .03 Applicant's Requirements.LinkCopy Citation
A.
An applicant requesting a Maryland license or identification card shall provide verifiable documentation acceptable to the Administration. The documentation shall provide proof of:
(1)
Age, full name, and identity as set forth in Regulation .04B of this chapter;
(2)
Residency as set forth in Regulation .04C of this chapter;
(3)
Valid SSN or the applicant's ineligibility for a SSN as set forth in Regulation .04D and .04E of this chapter; and
(4)
Lawful or temporary lawful status as set forth in Regulation .04F of this chapter.
B.
The applicant shall:
(1)
Certify under penalty of perjury that the information provided in the application is true and correct; and
(2)
Pay any applicable fees set forth in COMAR 11.11.05.03.
C.
Temporary Lawful Status. In accordance with Maryland Vehicle Law, an applicant for a license or identification card with verifiable proof of temporary lawful status in the U.S. may be issued a limited term license or identification card.
Regulation .04 Source Documents for Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status or Temporary Lawful Status.LinkCopy Citation
A.
Except as otherwise provided in this chapter, an applicant for a Maryland license or identification card shall provide as applicable the documents specified in this chapter to the Administration as proof of:
(1)
Age;
(2)
Full name;
(3)
Identity;
(4)
Maryland residence;
(5)
SSN or proof of ineligibility for an SSN; and
(6)
Lawful status.
B.
An applicant, to establish proof of age, full name, and identity, shall submit at least one of the following source documents:
(1)
Valid, unexpired U.S. passport;
(2)
Birth certificate as defined in Regulation .02 of this chapter;
(3)
Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State (DOS), Form FS-240, DS-1350, or FS-545;
(4)
Valid, unexpired Permanent Resident Card, Form I-551, issued by the U.S. DHS;
(5)
Certificate of Naturalization, form N-550 or N-570 issued by the U.S. DHS;
(6)
Certificate of Citizenship, Form N-560 or N-561 issued by the U.S. DHS;
(7)
Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the U.S.;
(8)
Unexpired employment authorization documents (EAD), Form I-776 or I-688B, issued by the U.S. DHS; or
(9)
Any other documents designated acceptable by U.S. DHS by notice published in the Federal Register or acceptable to the Administration.
C.
Source Documents for Residency. To establish Maryland residency, an applicant for a license or identification card shall submit at least two different source documents reflecting the applicant’s full name and current Maryland residence address. The address on source documents shall match the address on the application. The residency source documents include:
(1)
Maryland vehicle registration card or title;
(2)
Communication from a utility, telephone, cable or satellite TV provider regarding an account held by the applicant;
(3)
Communication from a financial institution, or collection agency regarding an account held or debt owed by the applicant;
(4)
Insurance card or policy;
(5)
Property tax bill or receipt;
(6)
Mortgage account statement, deed, communication from the State Department of Assessments and Taxation, or other proof of home ownership;
(7)
Residential rental contract, an apartment lease, or other rental of real property;
(8)
Mail or benefits statement from a federal, state, or local government agency;
(9)
Copy of federal or Maryland income tax return filing not more than 18 months old, with proof of filing;
(10)
Installment contract from a bank or other financial institution;
(11)
Sales tax or business license;
(12)
Credit card statement;
(13)
Residential service contract or proof of delivery for services performed at the address of residence;
(14)
Court order of probation, order of parole, or order of mandatory release;
(15)
Medical or hospital bill;
(16)
Voter registration card;
(17)
Selective Service Card;
(18)
Communication from a United States (U.S.) college or university regarding an account held by the applicant;
(19)
U.S. high school report card or U.S. high school transcript;
(20)
Valid Maryland State-issued professional license; or
(21)
Other proof of residency acceptable to the Administration.
D.
To establish proof of SSN, an applicant shall submit:
(1)
Original Social Security card;
(2)
W-2 form;
(3)
SSA-1099 form;
(4)
Non-SSA-1099 form; or
(5)
Pay stub bearing the applicant's name and SSN.
E.
To establish proof of ineligibility for an SSN, an applicant shall submit:
(1)
Documentation demonstrating non-work authorized status; or
(2)
Other proof of ineligibility for an SSN acceptable to the Administration.
F.
Proof of Lawful Status.
(1)
An applicant may use an acceptable document submitted as proof of age, full name, and identity under §B(1)—(8) of this regulation as proof of lawful status; or
(2)
If an applicant submits one source document for proof of age, full name, and identity under §B(9) of this regulation, the applicant shall submit a second source document listed under §B(1)—(8) of this regulation, or other documentation issued by the U.S. DHS or other federal agencies to establish lawful status.
G.
Applicants requesting a name change or to establish a name other than the name that appears on a source document shall submit documentation issued by a court, governmental body, or other entity acceptable to the Administration to include:
(1)
Certified copy of a court order pertaining to the name change;
(2)
Original or certified copy of a marriage certificate;
(3)
Original or certified copy of a divorce decree; or
(4)
Original or certified copy of a birth certificate.
Regulation .05 Source Document Exception Process.LinkCopy Citation
A.
In accordance with 6 CFR §37.11(h), the Administration has established an exception process for the issuance of a license or identification card to an applicant who is unable to comply with all the source document requirements for proof of identity or residency.
B.
If an applicant is unable to comply with the source document requirements set forth in Regulation .04 of this chapter due to circumstances beyond the applicant's control, the applicant may submit the alternate source documents under §§CE of this regulation.
C.
The Administration may accept the following documents as proof of Maryland residency if submitted by an applicant under the following circumstances:
(1)
If the applicant is a dependent:
(a)
Under the age of 21 and resides with the parent or guardian:
(i)
Written certification of the residence of the parent or guardian with whom the applicant resides, signed in the presence of a representative of the Administration; and
(ii)
A valid Maryland license or identification card for proof of the parent or guardians identity and Maryland residence address;
(b)
Twenty-one and over:
(i)
Written certification of the residence of the person with whom the applicant resides, signed in the presence of a representative of the Administration;
(ii)
Documentation to prove the applicant is a dependent of the individual certifying the residency; and
(iii)
A valid Maryland license or identification card for proof of identity and Maryland residence address of the person with whom the applicant resides;
(2)
If the applicant is a married individual:
(a)
A statement from the applicant's adult spouse with whom the applicant resides, signed in the presence of a representative of the Administration; and
(b)
A valid Maryland license or identification card for proof of identity and Maryland residence address of the adult spouse with whom the applicant resides;
(c)
If last names are different, an original or certified copy of their marriage certificate or tax filings;
(3)
If the applicant is a resident of a nursing home, a statement from the nursing home written on the nursing home's letterhead, which shall include:
(a)
The applicant's full name and date of birth;
(b)
Address of the nursing home;
(c)
Name and phone number of the contact person at the home; and
(d)
Signature of the nursing home's manager or representative;
(4)
If the applicant is an incarcerated individual or former incarcerated individual within 60 days of release:
(a)
An Order of Parole;
(b)
An Order of Mandatory Release; or
(c)
An address certification form issued by the Administration and signed by a designated official of the correctional facility, or other designated official of the Department of Public Safety and Correctional Services or Federal Bureau of Prisons;
(5)
If the applicant is a homeless individual, an original letter on letterhead from a homeless shelter, or service provider, which shall include:
(a)
A statement that the applicant is homeless;
(b)
The address of the shelter or service provider;
(c)
The name and phone number of the contact person; and
(d)
The signature of the shelter representative or service provider; or
(6)
If the applicant is in the care of the Department of Juvenile Service, the Administration may accept an address certification form issued by the Administration and signed by a designated official of the Department of Juvenile Services.
D.
The Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:
(1)
Original or certified U.S. adoption records with name and date of birth; or
(2)
A United States Passport that has been expired for less than 5 years.
E.
If the applicant is 65 years old or older, the Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:
(1)
An original or certified copy of a military discharge document from the military with the applicant's name and date of birth; or
(2)
A Social Security Administration Benefits Summary with full name and date of birth included with one of the following:
(a)
A hospital birth certificate issued by a hospital in the United States and showing the applicants name and date of birth;
(b)
A baptismal certificate issued within the United States and showing the applicants name and date of birth; or
(c)
A census record issued by the United States Census Bureau showing the applicants name and date of birth;
(d)
A Veterans Identification Card issued by the United States Department of Veterans Affairs showing the applicants name; or
(3)
Other documents designated as acceptable by the Administration.
F.
If an applicant is incapacitated and physically unable to visit the Administration to apply for an identification card in person, the Administration may complete the application and issuance process by mail if the applicant:
(1)
Holds or has held a Maryland license or identification card and there is a usable image and signature of the applicant on file;
(2)
Submits certification stating the reason the applicant is physically unable to apply for an identification card in person; and
(3)
Submits a completed application and includes any applicable fees.
Regulation .06 Renewal or Issuance of a Subsequent License or Identification Card.LinkCopy Citation
A.
This regulation applies to the issuance of a renewal or subsequent license or identification card.
B.
The Administration shall issue an applicant:
(1)
A compliant or limited term license or identification card as defined under this chapter; or
(2)
A noncompliant license or noncompliant identification card as provided for under Transportation Article, §16-122, Annotated Code of Maryland.
C.
The requirement to establish proof of age, full name, identity, lawful status, SSN, and Maryland residency may be waived for the holder of an existing Maryland license or identification card, which is valid or has been expired for less than 1 year, under the following conditions:
(1)
For an applicant seeking a compliant driver’s license or identification card, the applicant’s:
(a)
Driver’s license or identification card is not a limited term driver’s license or identification card;
(b)
Proof of age, full name, identity, lawful status, SSN if applicable, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration;
(c)
SSN is verified through the SSA, if applicable; and
(d)
Maryland residency address is acceptable to the Administration; or
(2)
For an applicant seeking a non-compliant driver’s license or identification card, the applicant’s:
(a)
Driver’s license or identification card is not a limited term driver’s license or identification card;
(b)
Proof of age, full name, identity, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration; and
(c)
Maryland residency address is acceptable to the Administration.
D.
An applicant who currently holds a limited term driver's license or identification card, which is valid or has been expired for less than 1 year, applying for a subsequent driver’s license or identification card shall be required to provide:
(1)
Proof of identity, if not on file;
(2)
Lawful status; and
(3)
Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.
E.
An applicant who currently holds a noncompliant driver's license or noncompliant identification card, which is valid or has been expired for less than one year, applying for a compliant driver’s license or compliant identification card shall be required to provide:
(1)
Proof of identity, if not on file;
(2)
Lawful status; and
(3)
Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.
Regulation .07 45 Day Temporary License or Identification Card.LinkCopy Citation
A.
This regulation applies to the renewal or issuance of a license or identification card.
B.
In the event of a SSN non-match with the SSA, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements for a license or identification card, with the exception of the SSN non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.
C.
In the event of any other non-match as provided for under Transportation Article, §§16-121(c), and 16-122, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements as set forth in Regulation .03 of this chapter for, a license or identification card but for the non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.
D.
In the event an applicant is unable to pass a required vision test, the Administration may issue a 45 day temporary license if at the time of testing:
(1)
The applicant has a valid un-expired Maryland Driver’s License; and
(2)
The Administration has reason to believe the applicant is not a safety hazard.
E.
In any other circumstance approved by the Administrator, the Administration may issue a 45 day temporary license or identification card.
Regulation .08 Two-Year Temporary License or Identification Card Renewal.LinkCopy Citation
A.
This regulation applies to a temporary 2-year renewal of a license or identification card.
B.
The Administration may issue a temporary license or identification card in accordance with Transportation Article, §12-301 or 16-115, Annotated Code of Maryland, for a period not to exceed 2 years if the individual:
(1)
Holds or previously held a valid Maryland license or ID card;
(2)
Is Real-ID compliant;
(3)
Has made application to renew the license or ID card;
(4)
Certifies under penalty of perjury that the information provided in the application is true and correct;
(5)
Pays the required prorated fee for issuance as set for in COMAR 11.11.05; and
(6)
Presents one of the following documents:
(a)
A military ID, orders, or other proof of active duty;
(b)
An employment card for nonmilitary government;
(c)
A school transcript, letter of assignment, or other enrollment proof; or
(d)
A certified statement on the form developed by the Administration.
C.
The Administration may not issue a temporary license or ID card if the applicant holds or previously held a:
(1)
License or ID card that has been expired for more than 1 year; or
(2)
Temporary lawful status license or ID card.
D.
Exceptions. The requirement under §B(6) of this regulation may be waived for an applicant in the event of the following:
(1)
An officially declared State of Emergency; or
(2)
Any other situation if the Administration considers it necessary.
Chapter annotations
Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37
History: Effective date: September 7, 1987 (14:18 Md. R. 1967)
History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)
History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)
History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)
History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)
History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)
History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)
History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)
History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)
History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)
History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)
History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)
History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)
History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)
History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)
History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)
History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)
History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)
History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)
History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)
History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)
History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)
History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)
History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)
History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)
History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)
History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)
History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)
History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)