AGO 7142.

• Court: Michigan

Michigan Attorney General Opinions 2003. AGO 7142. October 17, Opinion No. 7142STATE OF MICHIGAN MIKE COX, ATTORNEY GENERAL SECRETARY OF STATE: DRIVER LICENSES:Requirements for changing a name on a driver license The Michigan Secretary of State may, but is not required to, accept an affidavit alone as sufficient legal proof to effectuate a common law name change on a person's driver license. Honorable Chris Kolb State Representative The Capitol Lansing, MIYou have asked if the Michigan Secretary of State is required to accept an affidavit alone as sufficient legal proof to effectuate a common law name change on a person's driver license. The Michigan Vehicle Code (Code), 1949 PA 300, MCL 257.1 et seq, provides for the examination and licensing of operators of motor vehicles. The Secretary of State is the exclusive state agent for the administration of the Code's driver license provisions. MCL 257.202. The Secretary of State is a constitutional office created pursuant to Const 1963, art 5, § 21, and serves as the head of the Department. Applications for driver licenses are governed by section 209 of the Code, MCL 257.209:

The department shall examine and determinethe genuineness, regularity, and legality of every application for registration of a vehicle, for a certificate of title therefore, and for an operator's or chauffeur's license and of any other application lawfully made to the department, and may in all cases make investigation as may be deemed necessary or require additional information, andshall reject any such application if not satisfiedof the genuineness, regularity, or legality thereof or the truth of any statement contained therein, or for any other reason, when authorized by law. [Emphasis added.]

The Department advises that under its current practice, when an applicant requests issuance of a driver license in a new name at a branch office, the applicant must submit written verification of current usage of the new name. The applicant must present sufficient documentation to substantiate that the applicant has been publicly using the common law name for at least six months before application. If the branch employee is not satisfied with the information presented, management concurrence is sought and the applicant is informed that the submitted proof is not sufficient. The applicant is instructed to...