FMCSA rule 49 CFR 382.717 lets a driver, or an authorized representative of the driver, petition FMCSA about information in the Drug and Alcohol Clearinghouse. The rule limits these petitions to administrative errors, such as an error in data entry or a duplicate report of a positive test result. A petition under this section may not contest the accuracy of a test result, a test refusal or other violation information.
The rule lists exceptions. A driver may ask FMCSA to add evidence of a non-conviction to an employer's report of a traffic citation for driving a commercial motor vehicle under the influence. A driver may also ask FMCSA to remove certain employer reports that do not meet the reporting requirements in 49 CFR 382.705.
The petition must include the petitioner's name, address, telephone number, CDL number and state of issuance, a detailed description of why the information is not accurate, and supporting evidence. The rule states that failure to submit evidence is cause for dismissal. Petitions may be filed through the Clearinghouse or in writing.
FMCSA informs the driver of its decision within 45 days of receiving a complete petition. If the error is currently preventing the driver from performing safety-sensitive functions, the driver may ask for expedited treatment. If FMCSA grants expedited treatment, it informs the driver of its decision within 14 days of receiving a complete petition. A driver may also request administrative review of the decision.
Sources: 49 CFR 382.717
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