New Jersey § 39:3-10

§ 39:3-10.

a. The commission shall require the fingerprinting of all applicants for commercial

driver's licenses with a hazardous material endorsement, a tank vehicle endorsement

or both, at the initial application and upon renewal, in order to determine eligibility

for those endorsements. The commission is hereby authorized to exchange fingerprint data with, and receive

criminal history record information from the Federal Bureau of Investigation and the

Division of State Police, consistent with the provisions of Pub.L.92-544 , for use in determining eligibility. The commission shall require any person who, prior to the date of enactment of this

act, has been issued a commercial driver's license with a hazardous material endorsement,

a tanker vehicle endorsement or both, to undergo a criminal history record background

check as a condition to continue to hold, use and renew such an endorsement. No criminal history record check shall be performed without the applicant's written

consent. The applicant shall bear the cost for the criminal history record check, including

all costs for administering and processing the check. Failure or refusal to submit a disclosure and fingerprints will result in an automatic

disqualification. b. Upon receipt of the criminal history record information, the commission shall notify

the applicant, in writing, of the applicant's qualification or disqualification for

a commercial driver's license with a hazardous material endorsement, a tank vehicle

endorsement or both. If the applicant is disqualified, the basis for the disqualification shall be identified

in the written notice to the applicant. c. The applicant shall have 30 days from the postmarked date of the written notice

of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal

history record information upholds the disqualification, the applicant's disqualification

for a commercial driver's license, with a hazardous material endorsement, a tank vehicle

endorsement or both will stand. d. The commission, in a manner not inconsistent with appropriate federal requirements,

shall provide by regulation the grounds upon which an applicant may be disqualified.