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    <h1>Notification of Driver Applicant's Rights Regarding Safety Performance History Investigations</h1>

    <p>According to §391.21(d) and §391.23(i) the prospective employer must expressly notify drivers with Department of
Transportation regulated employment during the preceding three years that he or she has the following rights regarding
the investigative information that will be provided to the prospective employer.</p>
    <ul>
        <li>The right to review information provided by previous employers;</li>
        <li>The right to have errors in the information corrected by the previous employer and for that previous
employer to re-send the corrected information to the prospective employer;</li>
        <li>The right to have a rebuttal statement attached to the alleged erroneous information, if the previous
employer and the driver cannot agree on the accuracy of the information.</li>
    </ul>
    <p>Drivers who have previous Department of Transportation regulated employment history in the preceding three years,
and wish to review previous employer-provided investigative information must submit a written request to the
prospective employer, which may be done at any time, including when applying, or as late as 30 days after being
employed or being notified of denial of employment. The prospective employer must provide this information to the
applicant within five (5) business days of receiving the written request. If the prospective employer has not yet received
the requested information from the previous employer(s), then the five-business days deadline will begin when the
prospective employer receives the requested safety performance history information. If the driver has not arranged to
pick up or receive the requested records within thirty (30) days of the prospective employer making them available, the
prospective motor carrier may consider the driver to have waived his/her request to review the records. For the
requirements of drivers and employers regarding these requests see §391.23(j).</p>

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