37.59—DHS reviews of State compliance.
State REAL ID programs will be subject to DHS review to determine whether the State meets the requirements for compliance with this part.
(a) General inspection authority.
States must cooperate with DHS's review of the State's compliance at any time. In addition, the State must:
(1)
Provide any reasonable information pertinent to determining compliance with this part as requested by DHS;
(2)
Permit DHS to conduct inspections of any and all sites associated with the enrollment of applicants and the production, manufacture, personalization and issuance of driver's licenses or identification cards; and
(3)
Allow DHS to conduct interviews of the State's employees and contractors who are involved in the application and verification process, or the manufacture and production of driver's licenses or identification cards. DHS shall provide written notice to the State in advance of an inspection visit.
(b) Preliminary DHS determination.
DHS shall review forms, conduct audits of States as necessary, and make a preliminary determination on whether the State has satisfied the requirements of this part within 45 days of receipt of the Material Compliance Checklist or State certification documentation of full compliance pursuant to § 37.55.
(1)
If DHS determines that the State meets the benchmarks of the Material Compliance Checklist, DHS may grant the State an additional extension until no later than May 10, 2011.
(2)
If DHS determines that the State meets the full requirements of subparts A through E, the Secretary shall make a final determination that the State is in compliance with the REAL ID Act.
(c) State reply.
The State will have up to 30 calendar days to respond to the preliminary determination. The State's reply must explain what corrective action it either has implemented, or intends to implement, to correct any deficiencies cited in the preliminary determination or, alternatively, detail why the DHS preliminary determination is incorrect. Upon request by the State, an informal conference will be scheduled during this time.
(d) Final DHS determination.
DHS will notify States of its final determination of State compliance with this Part, within 45 days of receipt of a State reply.
(e) State's right to judicial review.
Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. Chapter 7.