§ 27-23-206 — Commercial Driver's License Drug and Alcohol Clearinghouse - Maintenance of information - Confidentiality

(a) (1) Upon receipt of an application to issue, renew, transfer, or upgrade a commercial driver license or commercial learner permit, the Office of Driver Services shall request the driver's record from the Commercial Driver's License Drug and Alcohol Clearinghouse. (2) If the query indicates that the driver is prohibited from operating a commercial motor vehicle, the application for a commercial driver license or commercial learner permit will be denied. (3) A driver may resubmit his or her application to the Office of Driver Services after complying with the Federal Motor Carrier Safety Administration's return-to-duty process, as set forth in 49 C.F.R. Part 40, Subpart O, as in effect on January 1, 2023. (4) The Office of Driver Services shall not approve an application unless a negative return-to-duty test result has been reported to the Commercial Driver's License Drug and Alcohol Clearinghouse. (b) (1) (A) If the Office of Driver Services is notified by the Federal Motor Carrier Safety Administration that a driver is prohibited from operating a commercial motor vehicle under 49 C.F.R. § 382.501(a) , as in effect on January 1, 2023, the Office of Driver Services shall revoke the driver's commercial driver license or commercial learner permit. (B) A revocation under subdivision (b)(1)(A) of this section shall be effective immediately upon receipt of the notification from the Federal Motor Carrier Safety Administration. (2) The revocation of the commercial driver license or commercial learner permit will result in a downgrade to a standard driver's license. (3) The Office of Driver Services shall complete and record the downgrade on the driver's record within sixty (60) days of notification from the Federal Motor Carrier Safety Administration. (c) The Office of Driver Services: (1) Shall only use the information received from the Commercial Driver's License Drug and Alcohol Clearinghouse to determine a driver's qualifications to operate a commercial motor vehicle; and (2) May not divulge or permit any other person or entity to divulge any information from the Commercial Driver's License Drug and Alcohol Clearinghouse to any person or entity not directly involved in determining a driver's qualifications to operate a motor vehicle.

Legislative History

Amended by Act 2023, No. 681,§ 4, eff. 8/1/2023. Acts 2007, No. 637, § 1.