Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Applications.
Applications for determination of a driver's medical
qualifications under standards in this part must conform to the requirements of
this subpart.
A. The application must
contain the name and address of the driver, motor carrier, and the physicians
involved in the proceeding.
B. The
applicant shall submit proof that there is a disagreement between the physician
for the driver and the physician for the motor carrier concerning the driver's
qualifications.
C. The applicant
shall submit a copy of an opinion and report, including the results of tests,
of an impartial medical specialist in the field in which the medical conflict
arose. The specialist must be one agreed to by the motor carrier and the
driver.
D. If the driver refuses to
agree on a specialist and the applicant is the motor carrier, the applicant
shall submit a statement of agreement to submit the matter to an impartial
medical specialist in the field, proof that the applicant has asked the driver
to submit to the medical specialist, and the response, if any, of the driver to
the request.
E. If the motor
carrier refuses to agree on a medical specialist, the driver shall submit an
opinion and test results of an impartial medical specialist, proof that the
driver has asked the motor carrier to agree to submit the matter to the medical
specialist, and the response, if any, of the motor carrier to the
request.
F. The applicant shall
include a statement explaining in detail why the decision of the medical
specialist identified in item C is unacceptable.
G. The applicant shall submit proof that the
medical specialist mentioned in item C was provided, before the specialist's
determination, the medical history of the driver and an agreed upon statement
of the work the driver performs.
H.
The applicant shall submit the medical history and statement of work provided
to the medical specialist under item G.
I. The applicant shall submit the medical
records and statements of the physicians who have given opinions on the
driver's qualifications.
J. The
applicant shall submit a description and a copy of the written and documentary
evidence upon which the party making the application relies.
K. The application must be accompanied by the
driver's statement of intent to drive in intrastate commerce or a statement
that the carrier has used or intends to use the driver for such work.
L. The applicant shall submit three copies of
the application and records.
Subp.
2.
Information.
The commissioner may request further information from the
applicant if the commissioner determines that a decision cannot be made on the
evidence submitted.
Subp.
3.
Parties.
For the purposes of this part, a party includes the motor
carrier and the driver, or anyone else submitting an application.
Subp. 4.
Action.
The commissioner shall make a determination after a hearing has
been held under Minnesota Statutes, chapter 14. The decision of the
commissioner may be appealed in the manner provided in chapter 14.
