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RULE §15.90Deferral of Enforcement Actions for Victims of Identity Theft

(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 includes:

  (1) A completed and signed investigation by a law enforcement officer proving the identity theft was sustained, as defined by Penal Code, §32.51.

  (2) A court document or order completed and signed by a judge of a court identifying the person who was a victim of identity theft.

  (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.

Source Note: The provisions of this §15.90 adopted to be effective June 11, 2012, 37 TexReg 4253

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