--- kind: "section" citation: "49 C.F.R. § 382.717" title: "49" number: "382.717" heading: "Procedures for correcting certain information in the database." url: "https://uscodex.org/cfr/49/382.717" --- # §382.717. Procedures for correcting certain information in the database. - (a) **Petitions limited to incorrectly reported information.** - (1) Under this section, petitioners may request only that administrative errors be corrected (e.g., errors in data entry or a duplicate report of a positive test result); petitioners may not contest the accuracy of test results, test refusals, or other violation information, under this section. - (2) **Exceptions.** - (i) Petitioners may request that FMCSA add documentary evidence of a non-conviction to an employer's report of actual knowledge that the driver received a traffic citation for driving a commercial motor vehicle while under the influence of alcohol or controlled substances if the citation did not result in a conviction. For the purposes of this section, conviction has the same meaning as used in [49 CFR part 383](/cfr/49/part383.md). - (ii) Petitioners may request that FMCSA remove from the Clearinghouse an employer's report of actual knowledge (other than as provided for in [paragraph (a)(2)(i)](#a-2-i) of this section) if that report does not comply with the reporting requirements in [§ 382.705(b)(5)](/cfr/49/382.705.md?p=b-5). - (iii) Petitioners may request that FMCSA remove from the Clearinghouse an employer's report of a violation under 49 CFR [40.261(a)(1)](/cfr/49/40.261.md?p=a-1) or [40.191(a)(1)](/cfr/49/40.191.md?p=a-1) if that report does not comply with the reporting requirements in [§ 382.705(b)(3)](/cfr/49/382.705.md?p=b-3). - (b) **Petition.** Any driver or authorized representative of the driver may submit a petition to the FMCSA contesting the accuracy of information in the Clearinghouse. The petition must include: - (1) The petitioner's name, address, telephone number, and CDL number and State of issuance; - (2) Detailed description of the basis for the allegation that the information is not accurate; and - (3) **Evidence supporting the allegation that the information is not accurate.** Failure to submit evidence is cause for dismissing the petition. - (c) **Submission of petition.** The petitioner may submit his/her petition electronically through the Clearinghouse or in writing to: Federal Motor Carrier Safety Administration, ATTN: Drug and Alcohol Clearinghouse Petition for Review, 1200 New Jersey Avenue SE., Washington, DC 20590. - (d) **Notice of decision.** Within 45 days of receiving a complete petition, FMCSA will inform the driver in writing of its decision to remove, retain, or correct the information in the database and provide the basis for the decision. - (e) **Request for expedited treatment.** - (1) A driver may request expedited treatment to correct inaccurate information in his or her Clearinghouse record under [paragraph (a)(1)](#a-1) of this section if the inaccuracy is currently preventing him or her from performing safety-sensitive functions, or to remove employer reports under [paragraph (a)(2)](#a-2) of this section if such reports are currently preventing him or her from performing safety-sensitive functions. This request may be included in the original petition or as a separate document. - (2) If FMCSA grants expedited treatment, it will subsequently inform the driver of its decision in writing within 14 days of receipt of a complete petition. - (f) **Administrative review.** - (1) A driver may request FMCSA to conduct an administrative review if he or she believes that a decision made in accordance with paragraph [(d)](#d) or [(e)](#e) of this section was in error. - (2) The request must prominently state at the top of the document: “Administrative Review of Drug and Alcohol Clearinghouse Decision” and the driver may submit his/her request electronically through the Clearinghouse or in writing to FMCSA, ATTN: Drug and Alcohol Clearinghouse Administrative Review, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590. - (3) The driver's request must explain the error he or she believes FMCSA committed and provide information and/or documents to support his or her argument. - (4) FMCSA will complete its administrative review no later than 30 days after receiving the driver's request for review. FMCSA's decision will constitute the final Agency action. - (g) **Subsequent notification to employers.** When information is corrected or removed in accordance with this section, or in accordance with [49 CFR part 10](/cfr/49/part10.md), FMCSA will notify any employer that accessed the incorrect information that a correction or removal was made. ## Notes ### Amendments [81 FR 87725, Dec. 5, 2016, as amended at 86 FR 35640, July 7, 2021; 86 FR 55742, Oct. 7, 2021; 86 FR 57069, Oct. 14, 2021] ### Source Source: 81 FR 87725, Dec. 5, 2016, unless otherwise noted. ### Authority Authority: 49 U.S.C. 31133, 31136, 31301 et seq. , 31502; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87. ### Source Source: 66 FR 43103, Aug. 17, 2001, unless otherwise noted. ### Amendments [81 FR 87725, Dec. 5, 2016, as amended at 86 FR 35640, July 7, 2021; 86 FR 55742, Oct. 7, 2021; 86 FR 57069, Oct. 14, 2021]