§ 382.717 Procedures for Correcting Information in the Database

(a) Petitions Limited to Inaccurately Reported Information

Under this section, petitioners may challenge only the accuracy of reported information in the Clearinghouse. Petitioners may not challenge the validity of test results or refusals.

Exceptions:

• Petitioners may request that FMCSA remove an employer’s report of actual knowledge that a driver received a traffic citation for operating a commercial motor vehicle (CMV) under the influence of alcohol or controlled substances, if the citation did not result in a conviction. “Conviction” has the meaning defined in 49 CFR Part 383.
• Petitioners may request removal of a report of actual knowledge (other than paragraph (a)(2)(i)) if the report does not comply with § 382.705(b)(5).
• Petitioners may request removal of a report of violation under 49 CFR § 40.261(a)(1) or § 40.191(a)(1) if the report is non-compliant with § 382.705(b)(3).

(b) Petition

Any driver, or the driver’s authorized representative, may submit a petition to FMCSA contesting inaccurate information contained in the Clearinghouse.

The petition must include:

• The petitioner’s name, address, telephone number, CDL number, and state of issuance
• A detailed explanation of why the reported information is inaccurate
• Supporting evidence substantiating the claim
  Failure to include evidence will result in dismissal of the petition

(c) Submission of Petition

Petitions may be submitted by either of the following methods:

• Electronically through the Clearinghouse
• By mail to:
  Federal Motor Carrier Safety Administration
  Office of Enforcement and Compliance
  Attention: Drug and Alcohol Program Manager
  1200 New Jersey Avenue SE
  Washington, DC 20590

(d) Notice of Decision

FMCSA will notify the driver within 45 days of receiving a complete petition by issuing a written decision to either:

• Remove the information
• Retain the information
• Correct the information in the database, including an explanation of the decision

(e) Request for Expedited Treatment

A driver may request expedited treatment of a petition if the reported inaccuracy or employer report is preventing the driver from performing safety-sensitive functions.

• The request may be included in the original petition or submitted separately
• If granted, FMCSA will issue a written decision within 14 days of receiving a complete petition

(f) Administrative Review

A driver may request an administrative review if they believe FMCSA’s decision under paragraph (d) or (e) was incorrect.

The request must:

• Prominently state:
  “Administrative Review of Drug and Alcohol Clearinghouse Decision”
• Be submitted either electronically or by mail to:

Associate Administrator for Enforcement (MC-E)
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE
Washington, DC 20590

The request must include a description of the alleged error and any supporting documentation. FMCSA will complete the administrative review within 30 days. The Associate Administrator’s decision is final.

(g) Subsequent Notification to Employers

When information is corrected or removed from the Clearinghouse, FMCSA will notify any employer that previously accessed the incorrect information, as required under this section or 49 CFR Part 10.

Related Topics: