60-4,144.05.

Drug or alcohol violation; effect; erroneous notification; procedure.

(1) Beginning November 18, 2024, in compliance with 49 C.F.R. part 382, within sixty calendar days of receiving notification from the Federal Motor Carrier Safety Administration that a driver is prohibited from operating a commercial motor vehicle due to a drug or alcohol violation, the department shall:

(a) Update the Commercial Driver License Information System driver record to include the information provided in the notification;

(b) Notify the holder of the commercial driver's license or CLP-commercial learner's permit of such holder's prohibited status and that the commercial driver's license privilege or CLP-commercial learner's permit privilege will be removed from such license or permit; and

(c) Downgrade such license and cancel the permit for holders of a CLP-commercial learner's permit pursuant to established procedures of the department and, if applicable, update the driver's record maintained by the department.

(2) Beginning November 18, 2024, in compliance with 49 C.F.R. part 382, within ten calendar days of receiving notification from the Federal Motor Carrier Safety Administration that a driver was erroneously identified as prohibited on the federal Drug and Alcohol Clearinghouse, the department shall:

(a) Restore the commercial driving privilege as it existed before the erroneous notification;

(b) Notify the holder of the commercial driver's license or CLP-commercial learner's permit of:

(i) Such holder's updated status; and

(ii) Procedures the driver shall follow to reinstate such driver's license or permit; and

(c) Expunge the Commercial Driver License Information System driver record or motor vehicle record of any reference to the erroneous prohibited status.