(1) The division shall query the Drug and Alcohol Clearinghouse before: (a) issuing an original CDL or CDIP; (b) renewing a CDL or CDIP; (c) issuing a duplicate CDL or CDIP; (d) upgrading a CDL or CDIP; or (e) transferring a CDL or CDIP from another jurisdiction. (2) Upon receipt of information from the Drug and Alcohol Clearinghouse that an applicant is prohibited from operating a commercial motor vehicle, the division shall deny the: (a) issuance of an original CDL or CDIP; (b) renewal of a CDL or CDIP; (c) issuance of a duplicate CDL or CDIP; (d) upgrade of a CDL or CDIP; or (e) transfer of a CDL or CDIP. (3) If the division determines that an individual who holds a CDL or CDIP is prohibited from operating a commercial motor vehicle under this part or 49 C.F.R. Sec. 382.501, the individual shall be required to downgrade the CDL or CDIP to a class D license. (4) If the division receives notification pursuant to 49 C.F.R. Sec. 382.503 that the individual is no longer prohibited from operating a commercial motor vehicle, the division may terminate the downgrade process. (5) A reinstatement to a CDL or CDIP after downgrade to a class D license may be completed if: (a) the division receives notification pursuant to 49 C.F.R. Sec. 382.503 that the individual is no longer prohibited from operating a commercial motor vehicle; or (b) the division receives notification that the individual was erroneously identified as prohibited from operating a commercial motor vehicle. (6) If the division receives a notification described in Subsection (5)(b), the division shall: (a) reinstate the CDL or CDIP privilege as expeditiously as possible; and (b) remove any reference to the prohibited status from the CDLIS record and motor vehicle record. (7) Failure to comply with the requirements of this section shall result in the denial of the license under Section 53-3-221.
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