Montana Code 61-5-146. Limitations on issuance of hazardous materials endorsement to commercial driver’s license — security threat assessment
61-5-146. Limitations on issuance of hazardous materials endorsement to commercial driver‘s license — security threat assessment. (1) The department may not issue, transfer, or renew a hazardous materials endorsement for a person who holds a commercial driver’s license unless it receives notice from the transportation security administration of the department of homeland security that:
Terms Used In Montana Code 61-5-146
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
(a)the person does not pose a security threat warranting denial of a hazardous materials endorsement;
(b)the person has been granted a waiver from the transportation security administration; or
(c)less than 4 years have elapsed since a favorable security threat assessment was performed in a former licensing jurisdiction.
(2)In addition to any requirements under this chapter and in accordance with the security threat assessment standards provided in 49 CFR, part 1572, an applicant who is seeking a hazardous materials endorsement shall:
(a)complete a separate application as prescribed by the transportation security administration;
(b)submit, as directed by the department, to a fingerprint-based background check by the transportation security administration; and
(c)pay to the agent of the transportation security administration the fees imposed under 49 CFR, part 1572, for collection and transmission of fingerprints and applicant information, processing of fingerprint identification records, and the security threat assessment and adjudication.