Okla. Admin. Code § 260:135-5-146
Current through Vol. 42, No. 4, November 1, 2024
Section 260:135-5-146 - Downgrade of commercial driver license to Class D driver license(a)Notice of pending downgrade. Whenever any person required to maintain a medical examiner's certificate on file with Service Oklahoma fails to do so, Service Oklahoma shall send notice to the person advising that the person has thirty (30) days from the date of notice to provide a valid and current medical examiner's certificate to Service Oklahoma, and that failure to do so will result in the loss of commercial driving privileges resulting in the downgrade of the person's license to a Class D driver license.(b)Avoiding downgrade. To avoid and prevent downgrading of his or her commercial driver license to a Class D driver license, the person shall deliver to Service Oklahoma a current and valid medical examiner's certificate.(c)Mandatory downgrade. If a current and valid medical examiner's certificate is not received with the thirty (30) days as provided in the notice, Service Oklahoma shall downgrade the person's license to a Class D driver license and shall send notice to the person of the downgrade. The person shall submit his or her commercial driver license to Service Oklahoma and shall be issued a Class D license, after payment of appropriate fees and if the person is otherwise eligible to be granted driving privileges by Service Oklahoma.(d)Removal of downgrade. If the person submits a current and valid medical examiner's certificate to Service Oklahoma after the thirty (30) days as provided in the notice, Service Oklahoma shall review the person's driving record to determine if the person is eligible for removal of the downgrade and otherwise eligible to be granted commercial driving privileges. Service Oklahoma shall send notice to the person stating the determination, and, if eligible for commercial driving privileges, the person may obtain a commercial driver license, after payment of appropriate fees.(e)Hearing. Any party aggrieved under this Section may request a hearing with Service Oklahoma pursuant to OAC 260:135-1-9.Okla. Admin. Code § 260:135-5-146
Transferred from 595:11-1-18 by HB 3419 (2022), eff. 5/19/2022Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023