Driver’s due process rights statement — receipt acknowledgment
Rev. 2026-09-27
Federal Motor Carrier Safety Regulation 49 CFR Part 391.23(i)(j)(k) specifically provides for the due process rights for you, our prospective driver/employee/contractor. In complying with all parts of this specific regulation, is providing the following “Due Process Statement” that will outline your individual rights and the procedures for enacting them. If you have questions or need clarification on anything that is written here, please bring it immediately to the attention of your recruiter or the administrator assisting you in this hiring process.
391.23(i)(1): If, on our driver’s application, you disclose that you have been employed or contracted in a position that was specifically regulated by the Department of Transportation in the preceding three years of the date of the application, then you are hereby advised of your right to due process regarding any and all data obtained through investigative means used during the pre employment hiring process.
391.23(i)(1)(i): Provides you the right to review any and all information that upon our investigative request was provided by your previous Department of Transportation-regulated employers.
391.23(i)(1)(ii): This rule provision affords you the right to have errors in the information that we obtained from all previous DOT Regulated employers corrected by that previous employer, and to resend the corrected information to us, your prospective employer.
391.23(i)(1)(iii): This part of 392.23 allows you the right to have a rebuttal statement attached to the alleged erroneous information if you and your previous employer cannot agree on the accuracy of the information.
391.23(i)(2): If you wish to exercise your right to due process and review safety-related information provided by those previous Department of Transportation-regulated employers you have disclosed being employed by for the previous three years, then you must submit a written request to our recruiter or supervisor we have indicated to you who would be responsible for this information. You can make your request at any time, including during this application process, or as late as 30 days after being employed or being notified of denial of employment with our company. If your request is made in writing and submitted within the time frame allowed by rule, and if we have received the information you are requesting from your previous Department of Transportation-regulated employers, we then will make the specific information you are requesting available to you within five days of your request. If you have not made suitable arrangements with our Safety Department or Personnel Department to view the requested records at our main office within thirty days after we have indicated they were available for you, then we will automatically assume that you have waived or abandoned your right to due process regarding your specific request.
391.23(j)(1): If you wish to have your previous employer retract, alter, or otherwise correct any erroneous information in your safety performance history provided by that previous Department of Transportation-regulated employer pursuant to paragraph (i) of this section, then you must send the request for said correction to that previous employer that provided the records to .
391.23(j)(2): As of October 29, 2004, the previous Department of Transportation-regulated employer must either correct and forward the information to or notify you personally within 15 days of receiving your written request that they, your previous employer, do not agree to correct the data, and that they stand by their original submission.
391.23(j)(3): If you wish to offer up, or have entered into the record a statement that rebuts information received pursuant to paragraph (i) of this section, then you must send your rebuttal to that previous Department of Transportation employer who submitted the information you’re intending to rebut. You must send along specific instructions to include the rebuttal in your safety performance history record/file.
391.23(j)(4): So this notification fully informs you of all your rights within this regulatory due process, we ask that you be advised that as of October 29, 2004 and beyond, your previous Department of Transportation employer(s) must, within five business days of receiving a rebuttal from you, do the following:
391.23(j)(5): You may submit a rebuttal initially without a request for correction, or after a request for correction.
391.23(k)(6): You may report failures of previous employers to correct information or to include your rebuttal(s) as part of the safety performance information, to the FMCSA following procedures specified at §386.12.
391.23.(k)(1): We here, or any other future prospective motor carrier employer, must use the information only as part of the decision on whether to extend you an offer of employment.
391.23(k)(2): This section of the rules obligates us, as your prospective employer, to take all precautions reasonably necessary to protect the records from disclosure to any person not directly involved in deciding whether to hire you. We also disclose to you that this part of the rules restricts us from providing any information about alcohol or controlled substance use to our insurance carrier.
391.23(l)(1): This part advises and informs you that no action, or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of information in accordance with this section may be brought against:
391.23(l)(2): The protections in paragraph (l)(1) of this section do not apply to persons who knowingly furnish false information, or who are not in compliance with the procedures specified for these investigations.
By signing below I acknowledge that I have received, read, and understood this policy.
JASKO Enterprises, Inc. — 1122 N. 189th Ave, Buckeye, AZ 85326