61-5-146. Limitations on issuance of hazardous materials endorsement to commercial driver's license -- security threat assessment. (1) The department may not issue, transfer, or renew a hazardous materials endorsement for a person who holds a commercial driver's license unless it receives notice from the transportation security administration of the department of homeland security that:

(a) the person does not pose a security threat warranting denial of a hazardous materials endorsement;

(b) the person has been granted a waiver from the transportation security administration; or

(c) less than 4 years have elapsed since a favorable security threat assessment was performed in a former licensing jurisdiction.

(2) In addition to any requirements under this chapter and in accordance with the security threat assessment standards provided in 49 CFR, part 1572, an applicant who is seeking a hazardous materials endorsement shall:

(a) complete a separate application as prescribed by the transportation security administration;

(b) submit, as directed by the department, to a fingerprint-based background check by the transportation security administration; and

(c) pay to the agent of the transportation security administration the fees imposed under 49 CFR, part 1572, for collection and transmission of fingerprints and applicant information, processing of fingerprint identification records, and the security threat assessment and adjudication.