Virginia Driver Licenses

>
> Ms. Redden,
>
> The Virginia DMV received your FOIA request on July 3, 2019. State
> offices were closed on July 4 and July 5 for the holiday. You will receive
> a response on or before July 12, 2019, within the 5 working day time frame
> for FOIA.
>
> Thank you
>

>
> ---------- Forwarded message ---------
> From: <requests@muckrock.com>
> Date: Wed, Jul 10, 2019 at 5:01 AM
> Subject: RE: Virginia Freedom of Information Act Request: Virginia Driver
> Licenses
> To: <vivian.cheatham@dmv.virginia.gov>
>
>
>
> Virginia Department of Motor Vehicles
> FOIA Office
> P.O. Box 927412
> Richmond, VA 23284
>
> July 10, 2019
>
> This is a follow up to a previous request:
>
> To Whom It May Concern:
>
> I wanted to follow up on the following Virginia Freedom of Information Act
> request, copied below, and originally submitted on July 3, 2019. Please let
> me know when I can expect to receive a response.
>
> Thanks for your help, and let me know if further clarification is needed.
>
> Filed via MuckRock.com
> E-mail (Preferred): requests@muckrock.com
> Upload documents directly:
> https://www.muckrock.com/
> Is this email coming to the wrong contact? Something else wrong? Use the
> above link to let us know.
>
> For mailed responses, please address (see note):
> MuckRock News
> DEPT MR 76520
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
> being sent through MuckRock by the above in order to better track, share,
> and manage public records requests. Also note that improperly addressed
> (i.e., with the requester's name rather than "MuckRock News" and the
> department number) requests might be returned as undeliverable.
>
> ---
>
> On July 3, 2019:
> Subject: Virginia Freedom of Information Act Request: Virginia Driver
> Licenses
> To Whom It May Concern:
>
> Pursuant to the Virginia Freedom of Information Act, I hereby request the
> following records:
>
> 1) A list, preferably in a table, of driver license applications submitted
> in the state of Virginia between Jan 1, 2014 to present by people born in
> Puerto Rico. This should include the date the application was submitted,
> the person's current residence, their birthplace (Puerto Rico) and if the
> application was approved, pending or denied and the reason why it is
> pending or denied.
> 2) A description of the process and/or policies used to verify the
> eligibility of people in Puerto Rico for a driver's license in Virginia.
> 3) Copies of all materials and/or instructions used to verify the
> citizenship of people born in Puerto Rico.
>
> The requested documents will be made available to the general public, and
> this request is not being made for commercial purposes. As I am a member of
> the media and this information will be used to inform the public, I request
> a fee waiver for this request. Also, as this is urgent public information,
> I request that it be expedited.
>
> In the event that there are fees, I would be willing to pay up to $10 and
> I would be grateful if you would inform me of the total charges in advance
> of fulfilling my request. I would prefer the request filled electronically,
> by e-mail attachment if available or CD-ROM if not.
>
> Thank you in advance for your anticipated cooperation in this matter.
>
> I look forward to receiving your response to this request within 5
> business days, as the statute requires.
>
> Sincerely,
>
> Molly Redden
>
> Filed via MuckRock.com
> E-mail (Preferred): requests@muckrock.com
> Upload documents directly:
> https://www.muckrock.com/
> Is this email coming to the wrong contact? Something else wrong? Use the
> above link to let us know.
>
> For mailed responses, please address (see note):
> MuckRock News
> DEPT MR 76520
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
> being sent through MuckRock by the above in order to better track, share,
> and manage public records requests. Also note that improperly addressed
> (i.e., with the requester's name rather than "MuckRock News" and the
> department number) requests might be returned as undeliverable.
>
>

Ms. Redden,

The Virginia Department of Motor Vehicles (DMV) received your request for
information pursuant to the Virginia Freedom of Information Act (FOIA) on
July 3, 2019. Specifically, you seek...

1) "A list of VA driver license applications submitted between Jan 1, 2014
to present date for those individuals born in Puerto Rico. This should
include:

a) the date the application was submitted;

b) the individual's current residence;

c) their birthplace (Puerto Rico); and

d) if the application was approved, pending or denied and the reason why it
is pending or denied". Also;

2) "A description of the process and/or policies used to verify the
eligibility of individual's in Puerto Rico for a VA driver's license;" and

3) "Copies of all materials and/or instructions used to verify the
citizenship of individual's born in Puerto Rico."

In response to request number 1 and (a), VA DMV does not have a list of
driver’s license applications submitted for individuals *born* in Puerto
Rico, as stated in your request. As such, no records exist. VA DMV
records the type of identification and legal presence documents submitted
for each driver’s license application and if it is a birth certificate, the
state, jurisdiction, or territory that *issued* the birth certificate is
also recorded. VA DMV can compile a count of driver’s license applications
for individuals who submitted a birth certificate *issued* from Puerto
Rico and create a report along with the date of the application. This
information is not readily accessible as a FOIA request. The raw data is
contained in VA DMV’s computer database. It will require the expenditure
of resources, for which VA DMV would charge a fee to recover its actual
costs based on an hourly rate for the responding employee’s time plus any
programming, data and duplication costs. VA DMV will provide you an ad-hoc
cost estimate to produce a report containing this information and at that
point you can decide to pay and proceed.

In response to request number (b) for applicant's current residence,
pursuant to Va. Code § 46.2-208(A), personal, driver and vehicle
information is privileged information and may only be released under
certain circumstances in Va. Code § 46.2-208(B). Your email does not
indicate you meet any of those circumstances. As such, VA DMV may not
release any records in response to individual's current resident.

In response to request number (c) for applicant's birthplace, no records
exist.

In response to request number (d) for application approval, pending, denied
and the reason for pending and denied, no records exist.

In response to request numbers 2 and 3, VA DMV processes individual
driver’s license applications from U.S. citizens born in Puerto Rico
according to our standard process. VA DMV accepts birth certificates as
long as it is the original document with security features. However, on
July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto
Rico began issuing new, more secure certified copies of birth certificates
to U.S. citizens born in Puerto Rico because of a new Puerto Rico birth
certificate law. After Oct. 30, 2010, all certified copies of birth
certificates issued prior to July 1, 2010, were considered invalid based on
the law passed by the Puerto Rico legislature. As such, DMV does not
accept Puerto Rico birth certificates that were issued before July 1,
2010. Puerto Ricans should've been issued a new post-2010 birth
certificate in accordance with their law. Attached are the following four
responsive documents, VA DMV form 141, Obtaining a VA Driver's License or
Identification Card, the U.S. Birth Document Reference Guide, the DLG-0201
Proof of Identity/Age VA DMV procedures and the DLG-0701 Proof of Legal
Presence VA DMV procedures. There is no fee for this information.

Thank you,

April Rogers