384.405—Decertification of State CDL program.
(a) Prohibition on CDL licensing activities.
The Administrator may prohibit a State found to be in substantial noncompliance from performing any of the following four licensing transactions:
(b) Conditions considered in making decertification determination.
The Administrator will consider, but is not limited to, the following five conditions in determining whether the CDL program of a State in substantial noncompliance should be decertified:
(1)
The State computer system does not check the Commercial Driver's License Information System (CDLIS) and/or National Driver Register (NDR) as required by § 383.73 of this subchapter when processing CDL applicants, drivers transferring a CDL issued by another State, CDL renewals and/or upgrades.
(2)
The State does not disqualify drivers convicted of disqualifying offenses in commercial motor vehicles.
(3)
The State does not transmit convictions for out of State drivers to the State where the driver is licensed.
(4)
The State does not properly administer knowledge and/or skills tests to CDL applicants or drivers.
(5)
The State fails to submit a corrective action plan for a substantial compliance deficiency or fails to implement a corrective action plan within the agreed upon time frame.
(c) Standard for considering deficiencies.
The deficiencies described in paragraph (b) of this section must affect a substantial number of either CDL applicants or drivers.
(d) Decertification: preliminary determination.
If the Administrator finds that a State is in substantial noncompliance with subpart B of this part, as indicated by the factors specified in § 384.405(b), among other things, the FMCSA will inform the State that it has made a preliminary determination of noncompliance and that the State's CDL program may therefore be decertified. Any response from the State, including factual or legal arguments or a plan to correct the noncompliance, must be submitted within 30 calendar days after receipt of the preliminary determination.
(e) Decertification: final determination.
If, after considering all material submitted by the State in response to the FMCSA preliminary determination, the Administrator decides that substantial noncompliance exists which warrants decertification of the CDL program, he or she will issue a decertification order prohibiting the State from issuing CDLs until such time as the Administrator determines that the condition(s) causing the decertification has (have) been corrected.
(f) Recertification of a State.
The Governor of the decertified State or his or her designated representative must submit a certification and documentation that the condition causing the decertification has been corrected. If the FMCSA determines that the condition causing the decertification has been satisfactorily corrected, the Administrator will issue a recertification order, including any conditions that must be met in order to begin issuing CDLs in the State.
(g) 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.
(h) Validity of previously issued CDLs.
A CDL issued by a State prior to the date the State is prohibited from issuing CDLs in accordance with provisions of paragraph (a) of this section, will remain valid until its stated expiration date.
[67 FR 49763, July 31, 2002]