--- kind: "section" citation: "49 C.F.R. § 384.405" title: "49" number: "384.405" heading: "Decertification of State CDL program." url: "https://uscodex.org/cfr/49/384.405" --- # §384.405. Decertification of State CDL program. - (a) **Prohibition on CLP or CDL transactions.** The Administrator shall prohibit a State found to be in substantial noncompliance from performing any of the following CLP or CDL transactions: - (1) **Initial issuance.** - (2) **Renewal.** - (3) **Transfer.** - (4) **Upgrade.** - (b) **Conditions considered in making decertification determination.** The Administrator will consider, but is not limited to, the following five conditions in determining whether the CDL program of a State in substantial noncompliance should be decertified: - (1) The State computer system does not check the Commercial Driver's License Information System (CDLIS) and/or national Driver Registry problem Driver Pointer System (PDPS) as required by [§ 383.73](/cfr/49/383.73.md) of this subchapter when issuing, renewing or upgrading a CLP or issuing, renewing, upgrading or transferring a CDL. - (2) The State does not disqualify drivers convicted of disqualifying offenses in commercial motor vehicles. - (3) The State does not transmit convictions for out-of-State drivers to the State where the driver is licensed. - (4) The State does not properly administer knowledge and/or skills tests to CLP or CDL applicants or drivers. - (5) The State fails to submit a corrective action plan for a substantial compliance deficiency or fails to implement a corrective action plan within the agreed time frame. - (c) **Standard for considering deficiencies.** The deficiencies described in [paragraph (b)](#b) of this section must affect a substantial number of either CLP and CDL applicants or drivers. - (d) **Decertification: Preliminary determination.** If the Administrator finds that a State is in substantial noncompliance with [subpart B](/cfr/49/subpartB.md) of this part, as indicated by the factors specified in [paragraph (b)](#b) of this section, among other things, the FMCSA will inform the State that it has made a preliminary determination of noncompliance and that the State's CDL program may therefore be decertified. Any response from the State, including factual or legal arguments or a plan to correct the noncompliance, must be submitted within 30 calendar days after receipt of the preliminary determination. - (e) **Decertification: Final determination.** If, after considering all material submitted by the State in response to the FMCSA preliminary determination, the Administrator decides that substantial noncompliance exists, which warrants decertification of the CDL program, he/she will issue a decertification order prohibiting the State from issuing CLPs and CDLs until such time as the Administrator determines that the condition(s) causing the decertification has (have) been corrected. - (f) **Recertification of a State.** The Governor of the decertified State or his/her designated representative must submit a certification and documentation that the condition causing the decertification has been corrected. If the FMCSA determines that the condition causing the decertification has been satisfactorily corrected, the Administrator will issue a recertification order, including any conditions that must be met in order to begin issuing CLPs and CDLs in the State. - (g) **State's right to judicial review.** Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. Chapter 7. - (h) **Validity of previously issued CLPs or CDLs.** A CLP or CDL issued by a State prior to the date the State is prohibited from issuing CLPs or CDLs in accordance with provisions of [paragraph (a)](#a) of this section, will remain valid until its stated expiration date. ## Notes ### Amendments [76 FR 26896, May 9, 2011, as amended at 78 FR 17882, Mar. 25, 2013; 89 FR 90620, Nov. 18, 2024] ### Authority Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87. ### Source Source: 59 FR 26039, May 18, 1994, unless otherwise noted. ### Amendments [76 FR 26896, May 9, 2011, as amended at 78 FR 17882, Mar. 25, 2013; 89 FR 90620, Nov. 18, 2024]