CR 23-042 Rule Text

Trans 102.03 (7) (title) Photograph specifications

a (a) As determined by the department, a license or identification cardproduct photograph shall be retaken if the photograph of the personapplicant is indistinguishable, unclear, incomplete, shows a temporary disfigurement that no longer exists, does not meet the requirements of this section, or if the department’s copy of the photograph of the applicant becomes lost or damaged.

b (b) Persons who fall into An applicant whose photograph meets the retake specifications described under sub. (1) par. (a) shall be required to have the license product photograph retaken by the department before an operator's license or identification card a product will be issued.

c (c) (See PDF for image)Any person not satisfied with the photograph after receipt of a license card or identification card product may request to have the photograph retaken. If the photograph is indistinguishable, unclear, or incomplete to the extent that the department demands another photograph of the person be taken under sub. (1) par. (a) or (b), the department shall issue a replacement card upon proper application without charge. If the photograph meets the department’s standard for inclusion on a product, the person shall apply for a duplicate license or identification card, surrender the existing license or identification card product, and pay the any fee required in s under ss. 343.21 (1) (L) and (n), or 343.50 (6) and (7), Stats.

SECTION 24. Trans 102.09 (4) is repealed.

SECTION 25. Trans 102.09 (5) is renumbered Trans 102.03 (7) (d) and amended to read:

Trans 102.03 (7) (d) PersonsAn applicant shall be notified by the department when a photograph needs to be retaken or when a subsequent change of license restrictions or endorsements requires license reissuance or a duplicate license. Failure to comply within 30 days of notification shall result in the cancellation of the operator's license.

SECTION 26. Trans 102.09 (6) is repealed.

SECTION 27. Trans 102.10 is repealed.

SECTION 28. Trans 102.11 (title) and (1) (intro.) (title) are amended to read: Trans 102.11 (title) Prorated feesFees.

1 (1) (intro.) Upgraded licenseclass

SECTION 29. Trans 102.11 (2) is repealed and recreated to read:

Trans 102.11 (2) NO FEE IDENTIFICATION. The department shall not charge a fee for issuing or reissuing an identification card for purposes of voting under ss. 343.165 (8) (g) or 343.50 (5) (a) 3., Stats., or for an identification card issued under s. 343.50, Stats., if the requirements of s. 343.50 (5) (a) 2. are met.

SECTION 30. Trans 102.11 (2) (Note) is repealed.

SECTION 31. Trans 102.11 (3), (4), (5), and (6) and (Note) are created to read:

Trans 102.11 (3) REPLACEMENT OF DEFECTIVE PRODUCTS. The department shall reissue a product without fee if the product is inaccurate because of a department error or if the card on which it was produced is defective.

4 (4) CHANGE IN RESTRICTIONS. The department shall not charge a fee for operator’s license issuance due to the addition or removal of a license restriction, except for removing a K or L restriction.

5 (5) REMOVAL OF ENDORSEMENT. A person who is issued a new operator’s license to remove an endorsement shall pay the fees specified in s. 343.21 (1) (L) and (n), Stats.

6 (6) DUPLICATE LICENSES. A person who obtains a duplicate license shall pay the fees specified in s. 343.21, Stats., (1) (L) and (n).

(Note) See s. 343.21 for all operator’s license fees.

SECTION 32. Trans 102.14 is repealed and recreated to read:

Trans 102.14 Issuance.

1 (1) The department may not issue a product if any of the following apply:

a (a) The computer system or equipment is not functioning in a manner that will allow the department to produce the product.

b (b) Further verification of eligibility is necessary to comply with requirements for issuance of the product under ch. 343, Stats., or this chapter.

c (c) There are administrative reasons for not issuing the product immediately, for purposes including, but not limited to, conducting a study or establishing a control group.

d (d) The applicant does not provide a sample signature for reproduction on the product in the format first name, middle initial or name, last name; or in the format first name, last name. An applicant may not include in a signature any information other than the applicant's name.

(Note) See s. 990.01 (38), Stats., for applicants who are unable to write.

e (e) The applicant possesses products issued in another jurisdiction and does not surrender the products.

f (f) The applicant is issued a Class D or M 60-day extension card under sub. (7). This prohibition shall not apply once the reason for denying an operator’s license and issuing an extension under sub. (7) (a) is satisfied.

g (g) The department is unable to verify any of the information required under ch. 343, Stats., or this chapter.

h (h) The department determines the application contains inaccurate or false information.

i (i) The department determines the applicant is ineligible for the product under ch. 343, Stats., or this chapter.

2 (2) The department may not issue an identification card without charge for voting purposes to any person who is not a U.S. citizen or who is not at least 17 years of age. The department may not determine whether a person is otherwise eligible to vote.

3 (3) The department may issue a temporary product if the person is eligible under s. Trans 102.15 (2) (d) or

(8) or s. 343.50 (1) (c) 1., Stats. The temporary product shall be valid until the permanent product is delivered by mail or the person is determined to be ineligible for the product.

(Note) See s. 343.20 (1m), Stats.

4 (4) (a) Temporary residents.

1 1. A product issued to a person who is neither a citizen nor a permanent resident of the United States may not expire later than the last date the person is eligible to remain in the United States.

2 2. The department shall issue a product with an expiration date as determined by s. Trans 102.03 (3) to a person who is neither a citizen nor a permanent resident of the United States and whose last date of eligibility to remain in the United States is undetermined.

3 3. A product issued to a person whose proof of legal presence is specified in s. 343.14 (2) (es) 4. to 7., Stats., and whose term of stay in the United States is undefined shall expire one year after issuance or renewal.

4 4. Nationals from the Federated States of Micronesia, Palau, or the Marshall Islands may be issued a product valid for one year if the department verifies the person’s passport and arrival-departure record card as proof of identity. If a national from one of these countries presents an employment authorization document defining a specific period of employment eligibility in the United States, any product issued to them shall be for that defined period and shall not exceed the maximum duration of that product under state law.

(b) Renewal of temporary resident products. No product may be renewed to a person no longer eligible to remain in the United States.

5 (5) (a) Temporary visitors. A product, other than a commercial driver license, issued to a person who establishes proof of residence under sub. (4) and whose legal status in the United States is not permanent, shall be labeled “limited term.”

b (b) Non-domiciled persons. A commercial driver license issued to a person who establishes proof of residence under sub. (4), is not a citizen of Mexico or Canada, and whose proof of legal status in the United States does not prove a right to remain permanently in the United States shall be labeled “non-domiciled.”

(Note) Citizens of Mexico and Canada must obtain commercial driver licenses from their home country under 49 CFR 383.23 (b) (1), footnote 1.

c (c) Law enforcement. Products issued to law enforcement for confidential investigative purposes may contain fictitious information.

(Note) Records related to such products shall not be open to public inspection under s. 19.35, Stats.

d (d) Character set used for names. Names transcribed on a product shall be limited to the English alphabet, without diacritical marks. Apostrophes and hyphens may be used in a name. In the event other symbols are used as part of a name, the department may phoneticize the name or transcribe it in a manner that matches the applicant’s social security card or other identity documents.

6 (6) (a) Proof of driver training. The department shall not issue a license to a person under 18 years of age unless one of the following is provided:

1 1. Proof that the person successfully completed a driver education or training course which meets the requirements of s. 343.06 (1) (c), Stats. The training school may provide the proof electronically.

2 2. Proof that the person successfully completed an approved driver education course in another jurisdiction.

3 3. Proof that the person is exempt from driver education requirements under s. 343.08 or 343.135, Stats.

(b) Proof of sponsorship. The department shall not issue an operator’s license to a person under 18 years of age unless satisfactory proof of adult sponsorship for that person, that meets the requirements of

s. 343.15, Stats., and s. Trans 102.21, is filed with the department.