28-3230 Federal motor carrier safety administration commercial driver's license drug and alcohol clearinghouse; driving privilege denial; expungement

28-3230. Federal motor carrier safety administration commercial driver's license drug and alcohol clearinghouse; driving privilege denial; expungement

A. The department shall search the federal motor carrier safety administration's drug and alcohol clearinghouse before the department issues, upgrades, renews or transfers a commercial driver license or issues, upgrades or renews a commercial learner's permit.

B. On notification from the federal motor carrier safety administration's drug and alcohol clearinghouse that a driver is prohibited from operating a commercial motor vehicle due to a violation of the controlled substances and alcohol use and testing prohibitions in 49 Code of Federal Regulations sections 382.201 through 382.217, the department shall:

1. Deny issuing, upgrading, renewing or transferring a commercial driver license or issuing, upgrading or renewing a commercial learner's permit.

2. Initiate downgrade procedures for commercial driver license and commercial learner's permit holders by removing the commercial privilege from the commercial driver license or commercial learner's permit.  The downgrade is effective within sixty days after the department receives notification of the driver's prohibited status.

C. As provided by this chapter, the department shall allow issuing, upgrading, renewing, transferring or reinstating a commercial driver license or issuing, upgrading, renewing or reinstating a commercial learner's permit on notification from the federal motor carrier safety administration's drug and alcohol clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle.

D. If the federal motor carrier safety administration notifies the department that a driver was erroneously placed in a prohibited status, the department shall expunge the driver record of any reference to and actions taken on the driver record as a result of the erroneous notification and allow for the reinstatement of the commercial privilege for a commercial driver license or commercial learner's permit.