# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 15 — Criminal Justice Information System Central Repository

### Chapter 04 — Criminal History Record Information Checks for Applicants for Hazardous Materials Endorsements — Commercial Driver's Licenses

**Authority:** Criminal Procedure Article, §10-221; Transportation Article, §16-815; Courts and Judicial Proceedings Article, §3-8A-27; Annotated Code of Maryland

**Administrative History:** Effective date: April 10, 2006 (33:7 Md. R. 674)

**Administrative History:** Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1935)

**Administrative History:** Regulation .03B amended effective November 25, 2013 (40:23 Md. R. 1935)

**Administrative History:** Regulation .04A amended effective November 25, 2013 (40:23 Md. R. 1935)

**Administrative History:** Regulation .05 amended effective November 25, 2013 (40:23 Md. R. 1935)

**Administrative History:** Regulation .06 amended effective November 25, 2013 (40:23 Md. R. 1935)

**Administrative History:** Regulation .08 amended effective November 25, 2013 (40:23 Md. R. 1935)

**Administrative History:** Regulation .09 amended effective November 25, 2013 (40:23 Md. R. 1935)

#### Regulation .01 Purpose.

*COMAR 12.15.04.01*

This chapter establishes procedures to obtain the required CHRI check if an individual is applying for a hazardous materials endorsement, new or renewal, for a commercial driver's license.

#### Regulation .02 Scope.

*COMAR 12.15.04.02*

This chapter applies to a new applicant for and a current holder of a commercial driver's license with a hazardous materials endorsement.

#### Regulation .03 Definitions.

*COMAR 12.15.04.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Access fee” means a cost paid to the Central Repository for conducting a CHRI check and providing CHRI to an applicant.

  (2) “Applicant” means an individual submitting information to the Central Repository to obtain CHRI for a CDL—HME.

  (3) “Collection” has the meaning stated in COMAR 12.15.01.03B.

  (4) “Commercial driver's license (CDL)” has the meaning stated in the Transportation Article, §16-815, Annotated Code of Maryland.

  (5) Criminal History Record Information (CHRI).

    (a) “Criminal history record information (CHRI)” has the meaning stated in COMAR 12.15.01.03B.

    (b) “Criminal history record information (CHRI)” obtained for the purposes of an HME includes a check of State records conducted by the Central Repository and national records conducted by the Federal Bureau of Investigation (FBI).

  (6) “Criminal Justice Information System—Central Repository (Central Repository)” has the meaning stated in Criminal Procedures Article, §10-213, Annotated Code of Maryland.

  (7) “Electronic imaging” means a method of digitally recording and producing copies of an individual's fingerprints.

  (8) “Fingerprinting” has the meaning stated in COMAR 12.15.01.03.

  (9) “Fingerprinting service fee” has the meaning stated in COMAR 12.15.01.03 .

  (10) Hazardous Materials.

    (a) “Hazardous materials” means any substance or material that could adversely affect the safety of the public, handlers, or carriers during transportation.

    (b) “Hazardous materials” includes substances and materials identified in the United States Department of Transportation's Hazardous Materials Table (49 CFR Parts 100—185).

  (11) “Hazardous materials endorsement (HME)” means a State-issued authorization for the holder of a CDL to operate a motor vehicle transporting hazardous materials.

  (12) “Transportation Security Administration (TSA)” means the United States Department of Homeland Security, Transportation Security Administration.

#### Regulation .04 CDL—HME CHRI Check — Application.

*COMAR 12.15.04.04*

An applicant shall:

A. Provide the Central Repository, in a format determined by the Central Repository, the following concerning the applicant:

  (1) Fingerprints for federal and State comparison;

  (2) A completed Maryland Motor Vehicle Administration (MVA) approved CDL—HME application;

  (3) A certified certificate of birth; and

  (4) A valid Maryland CDL; and

B. Pay the fees under Regulation .05 of this chapter.

#### Regulation .05 CDL—HME CHRI Check — Fees.

*COMAR 12.15.04.05*

A. An applicant shall submit to the Central Repository at the time of application the fees as provided in this regulation.

B. Threat Assessment Fee. The Central Repository collects the threat assessment fee under COMAR 12.15.01.15 and submits the fee, less a $2 handling charge, to the TSA.

C. FBI Fee. The Central Repository collects the FBI fee under COMAR 12.15.01.15 and submits the fee, less a $2 handling charge, to the FBI.

D. The Central Repository collects and retains the Central Repository access fee under COMAR 12.15.01.15.

E. Fingerprinting Service Fee. The Central Repository collects and retains the fingerprinting service fee under COMAR 12.15.01.15.

#### Regulation .06 Application Processing.

*COMAR 12.15.04.06*

A. An applicant shall submit the request to the Central Repository.

B. The Central Repository shall accept an applicant's properly completed fingerprints and application and the Central Repository shall:

  (1) Conduct the State CHRI check;

  (2) Forward the appropriate information and fee to the FBI to conduct the national CHRI check;

  (3) Receive notice from the FBI confirming receipt of the request made to the FBI to conduct a national CHRI check;

  (4) Prepare a printed statement of the applicant's State CHRI; and

  (5) According to Criminal Procedures Article, §§10-201—10-234, Annotated Code of Maryland, forward the printed statement prepared under §B(4) of this regulation to the applicant.

#### Regulation .07 Threat Assessment.

*COMAR 12.15.04.07*

A. The TSA performs a threat assessment to determine if the applicant qualifies for a CDL—HME.

B. The TSA conducts the threat assessment and notifies the applicant of the decision according to policy and procedures established by the TSA.

C. An applicant notified that the TSA has disqualified the applicant from holding an HME may apply, according to procedures established by the TSA, to the TSA for:

  (1) A waiver of the TSA requirements; or

  (2) An appeal of the TSA decision to disqualify the applicant.

#### Regulation .08 Use of CHRI Information.

*COMAR 12.15.04.08*

An applicant or other person receiving CHRI from the Central Repository under this chapter:

A. May not disseminate the CHRI to an unauthorized person; and

B. Shall only use the CHRI for the purposes described under this chapter.

#### Regulation .09 Challenges to CHRI Received from the Central Repository.

*COMAR 12.15.04.09*

A. Under the provisions of Criminal Procedures Article, §10-223, Annotated Code of Maryland, an applicant may challenge the completeness, contents, or accuracy of the contents of the Central Repository printed statement produced according to Regulation .06B(4) of this chapter.

B. A challenge of the completeness, contents, or accuracy of the contents of a Central Repository printed statement shall be made by the applicant and processed by the Central Repository according to procedures under COMAR 12.15.01.07.

C. After the Central Repository processes a challenge and makes a decision and that decision results in a change, or changes, to the original Central Repository printed statement, the Central Repository shall forward a revised printed statement according to provisions under Regulation .06B(5) of this chapter.