49 C.F.R. § 1572.11   Applicant responsibilities for a security threat assessment for a hazardous materials endorsement.


Title 49 - Transportation


Title 49: Transportation
PART 1572—CREDENTIALING AND BACKGROUND CHECKS FOR LAND TRANSPORTATION SECURITY
Subpart A—Requirements To Undergo Security Threat Assessments

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§ 1572.11   Applicant responsibilities for a security threat assessment for a hazardous materials endorsement.

(a) Prohibitions. An applicant does not meet the security threat assessment standards if he or she:

(1) Has a disqualifying criminal offense identified in §1572.103, unless TSA grants a waiver under §1572.143; or

(2) Does not meet the immigration status requirements identified in §1572.105; or

(3) Has been notified by TSA that he or she poses a security threat under §1572.107; or

(4) Has been adjudicated as lacking mental capacity or committed to a mental institution as described in §1572.109, unless TSA grants a waiver under §1572.143.

(b) Surrender of endorsement. If an individual is disqualified from holding an HME under paragraph (a) of this section, he or she must surrender the HME and notify TSA. Failure to surrender the HME and notify TSA may result in immediate revocation under §1572.13(a) and/or civil penalties.

(c) Continuing responsibilities. An individual who holds an HME must surrender the HME and notify TSA within 24 hours, if he or she:

(1) Is convicted of, wanted, under indictment, or found not guilty by reason of insanity in a civilian or military jurisdiction for a disqualifying criminal offense identified in §1572.103; or

(2) Is adjudicated as lacking mental capacity or committed to a mental institution as described in §1572.109; or

(3) Renounces or loses U.S. citizenship; or

(4) Violates his or her immigration status and/or is ordered removed from the United States.

(d) Submission of fingerprints. (1) An applicant who has not already done so may submit fingerprints in a form and manner specified by TSA when a State revokes the applicant's HME under §1572.13(a).

(2) When so notified by the State, an applicant must submit fingerprints and the information required in §1572.9 in a form and manner specified by the State and TSA, when TSA requests it, or when the applicant applies to obtain or renew an HME. The procedures outlined in §1572.13(g) apply to HME transfers.

(3) When submitting fingerprints and the applicant information required in §1572.9, the applicant or the applicant's employer is responsible for the TSA fee and the FBI fee.

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