Mo. Code Regs. tit. 12 § 10-24.444
Current through Register Vol. 49, No.12, June 17, 2024
Section 12 CSR 10-24.444 - Ten-Year DisqualificationPURPOSE: This rule establishes the requirements for obtaining a commercial drivers license after receiving a ten-year disqualification under section 302.755.3, RSMo.
(1) Any person disqualified for life who wishes to have commercial driving privileges restored after such person has been disqualified for at least ten (10) years, shall apply in writing to the director of revenue under section 302.755.3, RSMo.(2) The applicant must prove to the director that during the ten (10) years immediately preceding the application the applicant:(A) Has had no alcohol- or drug-related conviction(s) as defined in section 302.700, RSMo, in Missouri or any other jurisdiction;(B) Has successfully completed an alcohol-or drug-related traffic offender rehabilitation, or a comparable program, which meets or exceeds the minimum standards approved by the Department of Mental Health if the disqualifying offenses were drug or alcohol related;(C) Has had no commercial motor vehicle conviction(s) in Missouri or any other state during the ten (10)-year period preceding the application;(D) Is no longer a threat to the public safety of this state. The director may request, and the applicant must provide, any additional information or documentation which the director deems necessary to determine the applicant's fitness for relicensure;(E) Is otherwise eligible for licensure; and(F) Has not previously been restored to commercial motor vehicle privileges following a prior ten (10)-year minimum disqualification.(3) For purposes of verifying an applicant's prior ten (10)-year alcohol and drug history, the applicant shall provide a copy of his/her closed criminal history for the immediately preceding ten (10) years to the director of revenue.(4) If the director finds the applicant is eligible for restoration to commercial driving status, the written and driving skills examinations as specified in 12 CSR 10-24.395 shall be successfully completed before a commercial driver license is issued.(5) If the applicant is found ineligible for restoration of commercial driving privileges, the director shall notify the applicant of such findings by certified mail and continue the denial of commercial driving privilege until such ineligibility has been disproven to the director's satisfaction.(6) Any applicant who previously had his/her commercial motor vehicle privileges restored pursuant to this rule, shall not be able to apply for restoration of another lifetime disqualification.(7) Any applicant who is aggrieved by the decision of the director may appeal to the circuit court in the county of residence as prescribed in section 302.311, RSMo. AUTHORITY: sections 302.755, RSMo Supp. 2007 and 302.765, RSMo 2000.* Original rule filed Nov. 29, 1995, effective May 30, 1996. Amended: Filed April 11, 2005, effective Oct. 30, 2005. Amended: Filed Aug. 8, 2007, effective Feb. 29, 2008. *Original authority: 302.755, RSMo 1989, amended 1995, 2004 and 302.765, RSMo 1989, amended 1993, 1995.