|(a) The department is authorized to remove a mandatory
enforcement action that is a result of an offense committed by a person
who used another person's identity.
(b) The removal of the mandatory enforcement action
is only allowed for the victim of the identity theft.
(c) The department will also remove any administrative
enforcement action(s) or fee(s) related to identity theft.
(d) The person will be required to complete a department
approved identity theft application and submit the required documentation
proving he/she is a victim of identity theft.
(e) An identity theft application submitted without
the required supporting documentation will be denied and a denial
notice will be sent to the applicant.
(f) If an identity theft application is approved, an
approval notice will be sent to the applicant.
(g) Acceptable documentation to prove identity theft
(1) A completed and signed investigation by a law enforcement
officer proving the identity theft was sustained, as defined by Penal
(2) A court document or order completed and signed
by a judge of a court identifying the person who was a victim of identity
(3) A document(s) acceptable to the department that
indicate the offense(s) that were a result of the identity theft or
the exact time period that the identity theft occurred.
(h) The department will remove only those enforcement
actions or fees that are a result of the identity theft.
(i) If the department is able to identify the true
identity of the person who committed the offense(s) from the documentation
provided or through further investigation, then the department will
apply the enforcement action to that person.
(j) If the person who committed the identity theft
obtained a Texas driver license or identification card using the stolen
identity, the department will cancel this card and take any further
action necessary to protect the victim of the identity theft.
(k) If the department receives notification that an
approved applicant has falsified the identity theft application or
is subsequently convicted of an offense of falsification under Penal
Code, §37.08, any enforcement action(s) and fee(s) removed will
be reapplied to that person's driver record.