Rule 23.3.525 - RECORDS CHECK PRIOR TO PROCESSING A COMMERCIAL DRIVER LICENSE APPLICATION, ENTRY-LEVEL DRIVER TRAINING, AND DRUG AND ALCOHOL CLEARINGHOUSE(1) The department shall conduct an electronic query to the entry-level driver training provider registry before administering a commercial driver license skills test to a nonexempt applicant: (a) for a class A or class B commercial driver license;(b) upgrading from a class B to a class A;(c) upgrading from a class C to a class B or A; or(d) obtaining a passenger or school bus endorsement.(2) The department shall conduct an electronic query to the entry-level driver training provider registry before administering a commercial driver license knowledge test to a nonexempt applicant for a hazardous material endorsement.(3) The department may not conduct a commercial driver license skills test or a hazardous material knowledge test when the entry-level driver training provider registry does not validate the nonexempt applicant has completed the requisite entry-level driver training.(4) Prior to issuing, renewing, transferring, or upgrading a commercial driver license, the department shall electronically query the commercial driver license drug and alcohol clearinghouse to verify the applicant is not prohibited from operating a commercial motor vehicle. The department may not issue, renew, transfer, or upgrade a commercial driver's license or commercial learner's permit when the result from the clearinghouse indicates the driver is prohibited from operating a commercial motor vehicle.(5) Upon receiving notification from the commercial driver license drug and alcohol clearinghouse or from the federal motor carrier safety administration that a holder of a commercial driver license or commercial learner's permit is prohibited from operating a commercial motor vehicle, the department shall downgrade the driver's commercial driver license or commercial driver's permit to a noncommercial driver license within 60 days of receiving the notification. (6) If, after the department completes and records the downgrade of a commercial driver license or commercial learner's permit, the department receives notification from the drug and alcohol clearinghouse or the federal motor carrier safety administration that the driver is no longer prohibited from operating a commercial motor vehicle, or was erroneously identified as prohibited from operating a commercial motor vehicle, the department shall: (a) upgrade the noncommercial license back to a commercial driver license or commercial learner's permit, as long as the term of the commercial driver license or commercial learner's permit has not expired; and(b) expunge any reference to the driver's prohibited status from the driver's driving record if the commercial driver license or commercial learner's permit was erroneously downgraded based on a false prohibited status response or notification from the commercial driver license drug and alcohol clearinghouse or the federal motor carrier safety administration.NEW, 2023 MAR p. 1089, Eff. 9/23/2023AUTH: 61-14-202, MCA; IMP: 61-5-110, 61-14-202, MCA