(1) When a person applies for a license, permit, or registration under this title 44, the department shall not consider an event in the applicant's driver's history when determining whether to issue to the applicant a new, renewal, or reinstated license, permit, or registration unless: (a) The event is relevant to the performance of the profession or occupation that is the subject of the application; and (b) (I) The operation of a motor vehicle is a duty of the profession or occupation that is the subject of the application; (II) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation that is the subject of the application; or (III) The event occurred within three years before the date that the applicant submitted the application to the department. (2) (a) Unless subsection (2)(b) of this section applies, the department shall not consider an event within the driver's history of a license holder, permit holder, or registrant when determining: (I) Whether to impose discipline; (II) The type of discipline to impose; or (III) The severity of discipline to impose. (b) The department may consider an event within a driver's history if: (I) The event is relevant to the performance of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered; and (II) (A) The operation of a motor vehicle is a duty of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered; (B) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered; or (C) The event occurred within three years before the act upon which the discipline is based.
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