(1) Notwithstanding ORS 807.170, the Department of Transportation may not issue or renew a commercial driver license with a hazardous materials endorsement and may cancel a commercial driver license with a hazardous materials endorsement if a person:
(a) Does not complete and pass a security threat assessment from the federal Transportation Security Administration, including receipt by the department of a notice from the federal Transportation Security Administration showing that the person does not pose a security threat. The department shall establish by rule the process and frequency for obtaining a security threat assessment.
(b) Is assessed as a security threat by the federal Transportation Security Administration. The assessment must be received by the department in the form of a notice from the federal Transportation Security Administration.
(2) A person is entitled to administrative review under ORS 809.440 when the department does not issue or renew a commercial driver license with a hazardous materials endorsement under this section or cancels a commercial driver license with a hazardous materials endorsement under this section.
(3) To the extent possible, rules promulgated by the department under this section should be uniform with any applicable federal regulations related to the holding of a commercial driver license with a hazardous materials endorsement. [2005 c.649 §33]
Note: Section 34, chapter 649, Oregon Laws 2005, provides:
Sec. 34. Section 33 of this 2005 Act [807.173] applies to commercial driver licenses with hazardous materials endorsements that are issued or renewed on or after the effective date of this 2005 Act [July 27, 2005]. [2005 c.649 §34]
Section: Previous 807.130 807.135 807.140 807.150 807.160 807.162 807.170 807.173 807.175 807.200 807.210 807.220 807.230 807.240 807.250 NextLast modified: August 7, 2008