(2) Notwithstanding subsection (1) of this section and ORS 807.040 (1)(c), the department, by rule, may provide for issuance, renewal or replacement of a valid driver license or driver permit without the collection of biometric data.
(3) For purposes of this section, a person’s identity is established if:
(a) The department finds that the biometric data collected as required under subsection (1) of this section match the biometric data that are already in the department’s records for that person; or
(b) The department finds that the biometric data collected as required under subsection (1) of this section do not match biometric data in the department’s records for any other person and the department does not otherwise have reason to believe that the person is not who the person claims to be.
(4) If a person’s identity is established as described in subsection (3) of this section, the department shall mail the driver license, driver permit or identification card to the address provided by the person when the person applied for the issuance, renewal or replacement of the license, permit or identification card.
(5) If a person’s identity is not established as described in subsection (3) of this section, the department shall:
(a) Inform the person who submitted to collection of biometric data that the person’s identity was not established; and
(b) Provide the person with the opportunity to establish the person’s identity by an alternative method approved by the department by rule.
(6) If a person’s identity was not established as described in subsection (3) of this section and the department has reason to believe that the crime of identity theft, as described in ORS 165.800, was committed by the person currently submitting to collection of biometric data or by a person who previously submitted to collection of biometric data under the identity of the person currently submitting to collection of biometric data, the department shall notify a law enforcement agency that has jurisdiction over the crime.
(7) The department by rule shall establish procedures for providing expedited processing of driver licenses, driver permits or identification cards.
(8) The department and employees of the department are immune from liability for any damages resulting from the issuance, renewal or replacement of a driver license, driver permit or identification card under another person’s identity if the employee who processed the biometric data for a license, permit or identification card established the applicant’s identity as described in subsection (3) of this section. [2005 c.775 §3; 2008 c.1 §14; 2017 c.568 §13]