§ 102. Duties of Commissioner

(a) The Commissioner shall:

(1) register motor vehicles and dealers;

(2) license operators;

(3) file reports received concerning crashes involving motor vehicles;

(4) prepare full statistics from and preserve, properly filed and indexed, such registrations, operator licenses, and crash reports for three years after their dates;

(5) file and record reports received of convictions and adjudications of persons violating motor vehicle laws;

(6) keep a record of the suspension and revocation of licenses and registrations;

(7) prepare full statistics from and preserve, properly filed and indexed, such records of convictions, suspensions, and revocations for at least six years after their dates;

(8) issue certificates of title for motor vehicles;

(9) issue nondriver identification cards; and

(10) maintain commercial driver records and driver identification data in accordance with the provisions of 49 C.F.R § 384.231(d).

(b) The records enumerated in subsection (a) of this section shall be deemed official records.

(c) [Repealed.]

(d) The Commissioner may authorize background investigations for potential employees, which may include criminal, traffic, and financial records checks; provided, however, that the potential employee is notified and has the right to withdraw his or her name from application. Additionally, employees who are involved in the manufacturing or production of operator’s licenses and identification cards, including enhanced licenses, or who have the ability to affect the identity information that appears on a license or identification card, or current employees who will be assigned to such positions, shall be subject to appropriate background checks and shall be provided notice of the background check and the contents of that check. These background checks shall include a name-based and fingerprint-based criminal history records check using at a minimum the Federal Bureau of Investigation’s National Crime Information Center and the Integrated Automated Fingerprint Identification database and State repository records on each covered employee. Employees may be subject to further appropriate security clearances if required by federal law, including background investigations that may include criminal and traffic records checks and providing proof of U.S. citizenship. The Commissioner may, in connection with a formal disciplinary investigation, authorize a criminal or traffic record background investigation of a current employee; provided, however, that the background review is relevant to the issue under disciplinary investigation. Information acquired through the investigation shall be provided to the Commissioner or designated division director and must be maintained in a secure manner. If the information acquired is used as a basis for any disciplinary action, it must be given to the employee during any pretermination hearing or contractual grievance hearing to allow the employee an opportunity to respond to or dispute the information. If no disciplinary action is taken against the employee, the information acquired through the background check shall be destroyed. (Amended 1969, No. 259 (Adj. Sess.), § 2; 1969, No. 297 (Adj. Sess.), § 6, eff. Sept. 1, 1971; 1977, No. 174 (Adj. Sess.), § 1, eff. March 31, 1978; 1979, No. 187 (Adj. Sess.), § 5; 1997, No. 55, § 3, eff. June 26, 1997; 2003, No. 160 (Adj. Sess.), § 37, eff. June 9, 2004; 2007, No. 153 (Adj. Sess.), § 38; 2007, No. 188 (Adj. Sess.), § 2; 2009, No. 152 (Adj. Sess.), § 9; 2011, No. 46, § 19; 2013, No. 20, § 2; 2019, No. 131 (Adj. Sess.), § 135.)