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Important Information for All Certified Operators

by Betsy Beaver
The Colorado Department of Public Health and Environment

Effective August 1, 2006, H.B. 1023 requires that anyone applying for or receiving a professional license or certificate must present proof of legal presence in the United States. This article will briefly describe (1) who is affected; (2) procedures; (3) acceptable forms of proof of legal presence, and (4) the forms you will need.

Who is Affected?
The requirement to prove legal presence in the United States applies to those who apply after August 1,2006 to take a certification examination. It also applies to all renewals filed after August 1, 2006, and to all applications for certification by reciprocity filed after August 1, 2006.

What are the Procedures?
Those applying for certification exams: You do not need to send anything with your exam application. When you arrive to take yourexam, you must present a valid form of ID (below) and sign an Affidavit of Legal Presence. This must be done at the exam site and youmust sign the affidavit in the presence of a staff member or proctor.

Those applying for renewal or reciprocity: You must attach three documents with your application form. 1. You must sign and attach the Affidavit of Legal Presence (you do NOT need to have the affidavit notarized). 2. You must attach a photocopy of your acceptable ID. 3. You must attach the Proof ofIdentification - this form MUST be notarized. (Most libraries, public utilities, town halls, and many workplaces have a notary public on staff.) The proper forms will be incorporated in the renewal and reciprocity application forms. Until further notice, you will need to follow this procedure for each certification you renew! And yes, every three years.

What IDs are Acceptable?
The following IDs are acceptable as proof of legal presence: a) a Colorado driver's license or Colorado identification card; b) a U.S. military card or military dependent's card; c) a U.S. Coast Guard Merchant Mariner card; or d) a Native American Tribal Document. Note that the Colorado identification card is an official ID issued by the State in lieu of a driver's license - it is not a workplace ID or other form of picture ID. Until March of2007, a few other forms ofID will be accepted. See the list below the Proof of Identification form included at the end of this article.

More Information?
For more information, check the Water and Wastewater Facility Operators Certification Board website at www.cdphe.state.co.us/op/ocb or check the Operator Certification Program Office website at www.ocpoweb.com. You may also call Teresa at the OCPO office at 303-394-8994 or Betsy Beaver at the WQCD at 303-692-3503.

Documents to Be Used to Demonstrate Legal Presence in the United States:

1.

AFFIDAVIT OF LEGAL PRESENCE IN THE U.S.

I,_____________ , swear or affirm under penalty of
perjury under the laws of the State of Colorado that (check one):
___I am a United States citizen, or
___I am a Permanent Resident of the United States, or
___I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

___________________
Signature

___________________
Date

2.

PROOF OF IDENTIFICATION
I,_______________________, who reside at ____________________ in the County of ,____________________________ State of ____________________, do hereby swear and affirm that attached hereto is a true and accurate copy of the following form of identification,* properly issued to me:

__________________________________________________________________
__________________________________________________________________
(Specify form of identification including, without limitation, the title, the issuing state or country or governmental agency, identification number, and date of expiration)
The original of the above-referenced identification was produced to me by the person named above and this Proof ofIdentification was subscribed and sworn to before me in the County of _____________________, State of________________________this _______ day of________________, 20___.

NOTARY PUBLIC
My Commission expires:
____________________________ For purposes of this Proof ofIdentification, the following forms of identification are acceptable: a)a Colorado driver's license or Colorado identification card; b) a U.S. military card or military dependent's card; c) a U.S. Coast Guard Merchant Mariner card; or d) a Native American Tribal Document. Moreover, the following forms of identification are acceptable until March 1,2007: e) a certificate verifying naturalized status issued by an authorized agency of the U.S. bearing the applicant's intact photograph impressed with the raised embossed seal of the issuing agency; f) a certificate verifying U.S. citizenship issued by an authorized agency of the U.S. bearing the applicant's intact photograph impressed with the raised embossed seal of the issuing agency; g) a valid driver's license or identification card bearing the applicant's photograph issued by one of the following states: Alabama, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming; or h) valid immigration documents demonstrating lawful presence and verified through the Systematic Alien Verification for Entitlement (SAVE) program administrated by the Department of Homeland Security.

Valid driver's license or State identification cards are not acceptable proof from the following States: Alaska, Hawaii, Illinois Maryland, Massachusetts, Michigan, Nebraska, New Mexico, North Carolina, Oregon, Tennessee, Texas, Utah, Vermont, Washington, and Wisconsin. U.S. Territories and Protectorates; i.e. Guam, American Samoa, Puerto Rico, the Mariannas, etc., are also not included on the Regulation's list of acceptable IDs, OCPO cannot accept identification issued by these entities.

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