(1) The department, upon receiving notification that pursuant to 49 C.F.R. § 382 that a Washington state CLP or CDL holder is prohibited from operating a commercial motor vehicle, must initiate a downgrade of the CLP or CDL. The downgrade must be completed and recorded on the CDLIS driver record within 60 days of the department’s receipt of such notification.

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(2) Any administrative review made available by the federal motor carrier safety administration is the exclusive remedy for a CDL or CLP holder to contest administrative or clerical errors in the information sent to the department from the drug and alcohol clearinghouse.
(3) When the department receives notification that a CLP or CDL holder is no longer prohibited from operating a commercial motor vehicle under subsection (1) of this section, the department must remove the downgrade or pending downgrade.
(4) If the federal motor carrier safety administration notifies the state that the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the department shall: Remove the downgrade and remove any reference related to the driver’s erroneous prohibited status from CDLIS and the driver’s record.

NOTES:

Effective date2023 c 35: See note following RCW 46.25.010.