Section R17-4-414. Commercial Driver License Applicant Driver History Check; Required Action; Hearing

A.      Applicability. The provisions of this Section shall apply to all applicants requesting an original, renewal, reinstatement, transfer, or upgrade of a commercial driver license or commer- cial driver license instruction permit.

B.       Driver History Check. In compliance with 49 CFR 384.206, 384.210, 384.225, and 384.232:

1.        The Department shall require each applicant for a com- mercial driver license to supply the names of all states where the applicant has previously been licensed to oper- ate a motor vehicle.

2.        The Department shall request the complete driver history record from all states where the applicant was licensed to operate a motor vehicle within the previous 10 years. The Department shall make a driver history request no earlier than:

a.         Twenty-four hours prior to the issuance of a com- mercial driver license or commercial driver license instruction permit for an applicant who does not cur- rently possess a valid Arizona commercial driver license; or

b.        Ten days prior to the issuance of a commercial driver license or commercial driver license instruc- tion permit for an applicant who currently possesses a valid Arizona commercial driver license.

3.        The Department shall record and maintain as part of the driver history all convictions, disqualifications, and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, other than a park- ing violation, committed in any type of vehicle by a com- mercial driver licensee or any driver operating a commercial motor vehicle.

C.      Required Action. In compliance with 49 CFR 384.210 and 384.231:

1.        The Department shall, based on the findings of the driver history checks, issue a commercial driver license or com- mercial driver license instruction permit to a qualified applicant.

2.        In the case of a reported conviction, disqualification, or other licensing action, the Department  shall promptly cancel, disqualify, suspend, or revoke the person’s com- mercial driving privilege as prescribed under A.R.S. Title 28, Chapters 4, 6, 8, and 14 and A.A.C. Title 17.

3.        The Department shall send written notification of the action to the person describing the action taken by the Department.

D.      Hearing. A hearing may be allowed when the driver history information received by the Department is a result of a case of mistaken identity or identity theft.

1.        The person shall submit a hearing request in writing and comply with A.A.C. R17-1-502.

2.        The hearing request shall be submitted within 20 days from the date the notice of action was mailed.

3.        The hearing request shall indicate whether the request for the hearing is based on a case of identity theft or mistaken identity.

4.        The hearing shall be held in accordance with the proce- dures prescribed under A.R.S. § 28-3317 and 17 A.A.C. 1, Article 5.

5.        It shall be presumed that the information received from the driver history check belongs to the person. The person may overcome this presumption if the person is able to present evidence that either:

a.         The person is not the driver convicted of the reported violation as in a case of mistaken identity; or

b.        The person’s identity was stolen and the applicant or licensee was not the driver convicted of the viola- tion.

6.        The scope of the hearing is limited to determining whether the person is the driver convicted of the reported driver history information, not the validity of the underly- ing conviction or licensing action that occurred in another licensing jurisdiction.

Historical Note

Adopted effective December 18, 1995 (Supp. 95-4). Sec- tion recodified to R17-4-458 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 14 A.A.R. 4100, effective October 7, 2008

(Supp. 08-4).