1. (a) The Division shall request information from the Clearinghouse, and if applicable, deny the issuance, renewal, upgrade, or transfer of a CDL or CLP as stated in § 2608(c)(2) of this title.

2. (b) The Division shall, upon receiving notification from FMCSA that a CDL or CLP holder is prohibited from operating a CMV due to a drug and alcohol program violation, downgrade the CDL or CLP by removing the commercial privilege from the driver license. The downgrade must be completed and recorded on the CDLIS driver record within 60 days of the Division’s receipt of such notification.

   1. (1) Reinstatement after FMCSA notification that the driver is no longer prohibited. —

   If, after the Division completes and records the downgrade on the CDLIS driving record, FMCSA notifies the State that a driver is no longer prohibited from operating a commercial motor vehicle, the Division must make the driver eligible for reinstatement of the CDL or CLP privilege to the driver’s license within 10 calendar days of receiving notification from FMCSA.

   1. (2) Reinstatement after Clearinghouse error correction. —

   If, after the Division completes and records the downgrade on the CDLIS driver record, FMCSA notifies the State the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the Division shall:

   1. a. Reinstate the CDL or CLP privilege to the driver’s license within 5 business days of receiving notification of the correction from FMCSA; and
   2. b. Expunge from the CDLIS driver record and, if applicable, the motor vehicle record, any reference related to the driver’s erroneous prohibited status within 5 business days of receiving notification of the correction from FMCSA.

84 Del. Laws, c. 285, § 3