60-4,147.04. Hazardous materials endorsement; security threat assessment; department; powers.

Before a hazardous materials endorsement is issued, renewed, or transferred, the Department of Motor Vehicles must receive a determination of no security threat from the Transportation Security Administration of the United States Department of Homeland Security or its agent. The Department of Motor Vehicles shall cancel any existing commercial driver's license with a hazardous materials endorsement authorizing a driver to operate a vehicle transporting hazardous materials if it has received a determination that the holder of such endorsement does not meet the standards for security threat assessment as provided in 49 C.F.R. 1572 established by the Transportation Security Administration or its agent. The department may refuse to process an application for a new, renewal, or transferred commercial driver's license with a hazardous materials endorsement if:

(1) The applicant fails to submit to fingerprinting;

(2) The applicant fails to submit to required information and documentations;

(3) The applicant fails to pay the required fees;

(4) The applicant fails to pass any element of the hazardous materials portion of the commercial driver's license examination;

(5) The department receives a final determination of threat assessment from the Transportation Security Administration or its agent; or

(6) The department has not received from the Transportation Security Administration or its agent an advisement regarding the applicant's security threat status.

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