IC 9-24-6.5
Chapter 6.5. Hazardous Materials Endorsement Application and
Renewal
IC 9-24-6.5-1 Act
Sec. 1. As used in this chapter, "act" refers to the federal Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act, Pub. L. 107-56,
115 Stat. 272 (2001). As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-2 Administration
Sec. 2. As used in this chapter, "administration" refers to the
United States Department of Homeland Security, Transportation
Security Administration. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-3 Adoption of necessary rules and policies
Sec. 3. The bureau may adopt rules and policies necessary to fully
implement the requirements of the act and the regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-4 Information required to be forwarded
Sec. 4. The bureau shall forward the information provided by an
applicant for a hazardous material endorsement to the administration
or another agency designated to receive the information if the bureau
is required to forward the information under regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-5 Regulations; fees sufficient to offset costs
Sec. 5. The bureau may:
(1) determine the cost to the state of procedures required to
comply with regulations adopted to implement the act; and
(2) charge a fee to applicants that is sufficient to offset the cost
determined under subdivision (1). As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-6 Hazardous materials endorsement renewal; continuing validity;
revocation
Sec. 6. (a) The hazardous materials endorsement of a driver who
applies for renewal of the endorsement may remain valid after the
date on which the endorsement would otherwise expire if both of the
following conditions are met:
(1) The application for renewal was received by the bureau at
least ninety (90) days before the date on which the endorsement
expires.
(2) On the date on which the endorsement expires, the bureau
has not yet received the results of a background check
conducted by the administration or another agency designated
to conduct the background check.
(b) Except as provided in subsection (c), an extension under
subsection (a) is valid for ninety (90) days after the date on which the
endorsement would otherwise expire.
(c) Notwithstanding subsection (b), if the bureau receives
information from the administration or another agency designated to
conduct a background check that requires the bureau to revoke the
hazardous materials endorsement of a driver, the bureau shall revoke
the endorsement immediately upon receipt of the information.
(d) An extension under subsection (a) may be renewed until:
(1) the bureau receives the results of a background check
conducted by the administration or another agency designated
to conduct the background check; or
(2) further extensions are barred under regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-7 Hazardous material endorsement denial or revocation; appeal
procedure
Sec. 7. An applicant whose application for a hazardous materials
endorsement is denied or whose hazardous materials endorsement is
revoked under IC 9-24-6-11.5 may appeal the denial or revocation
under IC 4-21.5 or, if other procedures are adopted by the
administration or another agency of the United States, under the
other procedures. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5
Chapter 6.5. Hazardous Materials Endorsement Application and
Renewal
IC 9-24-6.5-1 Act
Sec. 1. As used in this chapter, "act" refers to the federal Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act, Pub. L. 107-56,
115 Stat. 272 (2001). As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-2 Administration
Sec. 2. As used in this chapter, "administration" refers to the
United States Department of Homeland Security, Transportation
Security Administration. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-3 Adoption of necessary rules and policies
Sec. 3. The bureau may adopt rules and policies necessary to fully
implement the requirements of the act and the regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-4 Information required to be forwarded
Sec. 4. The bureau shall forward the information provided by an
applicant for a hazardous material endorsement to the administration
or another agency designated to receive the information if the bureau
is required to forward the information under regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-5 Regulations; fees sufficient to offset costs
Sec. 5. The bureau may:
(1) determine the cost to the state of procedures required to
comply with regulations adopted to implement the act; and
(2) charge a fee to applicants that is sufficient to offset the cost
determined under subdivision (1). As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-6 Hazardous materials endorsement renewal; continuing validity;
revocation
Sec. 6. (a) The hazardous materials endorsement of a driver who
applies for renewal of the endorsement may remain valid after the
date on which the endorsement would otherwise expire if both of the
following conditions are met:
(1) The application for renewal was received by the bureau at
least ninety (90) days before the date on which the endorsement
expires.
(2) On the date on which the endorsement expires, the bureau
has not yet received the results of a background check
conducted by the administration or another agency designated
to conduct the background check.
(b) Except as provided in subsection (c), an extension under
subsection (a) is valid for ninety (90) days after the date on which the
endorsement would otherwise expire.
(c) Notwithstanding subsection (b), if the bureau receives
information from the administration or another agency designated to
conduct a background check that requires the bureau to revoke the
hazardous materials endorsement of a driver, the bureau shall revoke
the endorsement immediately upon receipt of the information.
(d) An extension under subsection (a) may be renewed until:
(1) the bureau receives the results of a background check
conducted by the administration or another agency designated
to conduct the background check; or
(2) further extensions are barred under regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-7 Hazardous material endorsement denial or revocation; appeal
procedure
Sec. 7. An applicant whose application for a hazardous materials
endorsement is denied or whose hazardous materials endorsement is
revoked under IC 9-24-6-11.5 may appeal the denial or revocation
under IC 4-21.5 or, if other procedures are adopted by the
administration or another agency of the United States, under the
other procedures. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5
Chapter 6.5. Hazardous Materials Endorsement Application and
Renewal
IC 9-24-6.5-1 Act
Sec. 1. As used in this chapter, "act" refers to the federal Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act, Pub. L. 107-56,
115 Stat. 272 (2001). As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-2 Administration
Sec. 2. As used in this chapter, "administration" refers to the
United States Department of Homeland Security, Transportation
Security Administration. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-3 Adoption of necessary rules and policies
Sec. 3. The bureau may adopt rules and policies necessary to fully
implement the requirements of the act and the regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-4 Information required to be forwarded
Sec. 4. The bureau shall forward the information provided by an
applicant for a hazardous material endorsement to the administration
or another agency designated to receive the information if the bureau
is required to forward the information under regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-5 Regulations; fees sufficient to offset costs
Sec. 5. The bureau may:
(1) determine the cost to the state of procedures required to
comply with regulations adopted to implement the act; and
(2) charge a fee to applicants that is sufficient to offset the cost
determined under subdivision (1). As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-6 Hazardous materials endorsement renewal; continuing validity;
revocation
Sec. 6. (a) The hazardous materials endorsement of a driver who
applies for renewal of the endorsement may remain valid after the
date on which the endorsement would otherwise expire if both of the
following conditions are met:
(1) The application for renewal was received by the bureau at
least ninety (90) days before the date on which the endorsement
expires.
(2) On the date on which the endorsement expires, the bureau
has not yet received the results of a background check
conducted by the administration or another agency designated
to conduct the background check.
(b) Except as provided in subsection (c), an extension under
subsection (a) is valid for ninety (90) days after the date on which the
endorsement would otherwise expire.
(c) Notwithstanding subsection (b), if the bureau receives
information from the administration or another agency designated to
conduct a background check that requires the bureau to revoke the
hazardous materials endorsement of a driver, the bureau shall revoke
the endorsement immediately upon receipt of the information.
(d) An extension under subsection (a) may be renewed until:
(1) the bureau receives the results of a background check
conducted by the administration or another agency designated
to conduct the background check; or
(2) further extensions are barred under regulations adopted to
implement the act. As added by P.L.48-2004, SEC.6.
IC 9-24-6.5-7 Hazardous material endorsement denial or revocation; appeal
procedure
Sec. 7. An applicant whose application for a hazardous materials
endorsement is denied or whose hazardous materials endorsement is
revoked under IC 9-24-6-11.5 may appeal the denial or revocation
under IC 4-21.5 or, if other procedures are adopted by the
administration or another agency of the United States, under the
other procedures. As added by P.L.48-2004, SEC.6.
