§ 4124. Penalties for fraud; action upon suspected fraud

(a) If from the check of an applicant’s license status and record prior to issuing a commercial learner’s permit or commercial driver‘s license or at any time after the commercial learner’s permit or commercial driver’s license is issued the Commissioner determines that the applicant or holder has knowingly falsified any information, documentation, or certifications required under this chapter, the Commissioner shall give the applicant or holder notice of his or her findings and an opportunity to show cause why the application, commercial learner’s permit, or commercial driver’s license should not be disqualified for a period of 60 consecutive days. The disqualification shall be effective 10 days after the notice is sent unless the applicant or holder requests a hearing. If after a hearing the Commissioner determines that the applicant or holder has knowingly falsified any information, documentation, or certifications required under this chapter, the Commissioner shall disqualify for a period of 60 consecutive days the individual’s commercial learner’s permit or commercial driver’s license, his or her pending application, or his or her privilege to operate a commercial motor vehicle.

(b) An individual convicted of fraud related to the issuance of a commercial learner’s permit or commercial driver’s license who seeks to renew, transfer, or upgrade the fraudulently obtained commercial learner’s permit or commercial driver’s license shall be disqualified for one year. The disqualification shall be recorded in the individual’s driving record.

(c) If the Commissioner receives credible information that a commercial learner’s permit or commercial driver’s license holder is suspected but has not been convicted of fraud related to the issuance of his or her commercial learner’s permit or commercial driver’s license, the Commissioner shall require the holder to retake the skills or knowledge test, or both, and send the holder notice of the same. Within 30 days after notice is sent, the holder shall make an appointment or otherwise schedule to take the next available test. If the holder fails to make an appointment within 30 days, the Commissioner shall disqualify his or her commercial learner’s permit or commercial driver’s license. If the holder fails either the knowledge or skills test or does not take the test, the Commissioner shall disqualify his or her commercial learner’s permit or commercial driver’s license. Once a holder’s commercial learner’s permit or commercial driver’s license has been disqualified, he or she must reapply for a commercial learner’s permit or commercial driver’s license under the procedures applicable to all commercial learner’s permit or commercial driver’s license applicants. (Added 2013, No. 20, § 1; amended 2019, No. 131 (Adj. Sess.), § 254.)