343.125

343.125 Endorsements for transporting certain hazardous materials.

343.125(2)

(2) The department may not issue or renew an “H” endorsement to a commercial driver license unless all of the following apply:

343.125(2)(a)1.

1. A U.S. passport.

343.125(2)(a)3.

3. A certification of birth abroad issued by the federal department of state.

343.125(1)

(1) In this section, “”H” endorsement” means an endorsement specified in s. 343.17 (3) (d) 1m.

343.125(2)(a)

(a) The applicant has submitted to the department documentary proof, in one or more of the following forms, that the applicant is a U.S. citizen or that the applicant’s permanent presence in the United States is authorized under federal law:

343.125(2)(a)2.

2. A birth certificate bearing an official seal or other mark of authentication and issued by a state, county, or municipality within the United States or by a territory or possession of the United States.

343.125(2)(a)4.

4. A certificate of naturalization.

343.125(2)(a)5.

5. A certificate of U.S. citizenship.

343.125(2)(a)6.

6. A permanent resident card or alien registration receipt card.

343.125(2)(a)7.

7. Any other proof specified in 49 CFR 383.71 (a) (9).

343.125(2)(b)

(b) If the applicant submits proof described under par. (a) 6. or 7., the applicant submits his or her bureau of citizenship and immigration services alien registration number.

343.125(2)(c)

(c) The applicant has passed any knowledge test required by the department.

343.125(2)(d)

(d) The department of transportation has received notice from the federal transportation security administration of the federal department of homeland security that the applicant does not pose a security threat warranting denial of an “H” endorsement or that the applicant has received a waiver under 49 CFR 1572.143.

343.125(3)

(3)

343.125(3)(a)

(a) Except as provided in para. (b), an “H” endorsement shall expire 4 years after the licensee’s next birthday after the date of issuance or renewal.

343.125(3)(b)

(b)

343.125(3)(b)1.

1. The initial period for which an “H” endorsement is valid is the period from the date on which the “H” endorsement is issued until the earlier of the following dates:

343.125(3)(b)1.a.

a. The date on which the licensee’s commercial driver license expires. This subd. 1. a. does not apply if the licensee renews his or her commercial driver license at the same time that the “H” endorsement is issued.

343.125(3)(b)1.b.

b. The date 4 years before the date on which the licensee’s commercial driver license expires.

343.125(3)(b)2.

2. Notwithstanding subd. 1., if the period as determined under subd. 1. is less than 12 months, the initial period for which an “H” endorsement is valid is the period from the date on which the “H” endorsement is issued until the later of the dates specified in subd. 1. a. or b.

343.125(4)

(4) Within 15 days after receiving notice from the federal transportation security administration of the federal department of homeland security, the department of transportation shall do all of the following:

343.125(4)(a)

(a) Update the department’s records to reflect the notice received, the issuance, denial, or cancellation of an “H” endorsement, and, if applicable, the expiration date of the “H” endorsement.

343.125(4)(b)

(b) Notify the commercial driver license information system of the notice received and the department’s action.

343.125(4)(c)

(c) Issue the “H” endorsement, if the department received notice described in sub. (d) and the applicant is otherwise eligible for issuance of the “H” endorsement.

343.125(4)(d)

(d) Cancel or deny the “H” endorsement, if the notice is of a final administrative determination that the applicant or licensee poses a security threat warranting denial of an “H” endorsement.

343.125(5)

(5) Notwithstanding § 227.42, there is no right to a hearing on any cancellation or denial of an “H” endorsement under this section.

343.125(6)

(6) Notwithstanding sub. (3) and § 343.20 (1)(a), the department may require any person who holds a valid “H” endorsement on November 1, 2003, to apply for renewal of that endorsement, if that endorsement expires after November 1, 2008. The department shall provide the notice required under § 343.20 (2)(b). The department may cancel the “H” endorsement of any person who fails to renew within the period specified by the department under this subsection. This subsection does not apply to “H” endorsements that are issued or renewed after November 1, 2003.