MVR Report Compliance: MVR Driving Record signed permission forms from the driver must be kept on file for a period of 5 years regardless if the applicant is hired.
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Pursuant to the federal Fair Credit Reporting Act (the “FCRA”) the undersigned, on behalf of the commercial driver I (the “Employer or Insurer”), hereby certifies the following regarding each of the MVR & PSP program records (the “Records”) that Employer/Insurer is requesting:
The requested Records will be used for pre-employment screening purposes only. Insurance providers may use MVR consumer reports to underwrite insurance policies and to screen high-risk applicants per compliance with the Fair Credit Reporting Act (FCRA).
Prior to this request, Employer/Insurer provided each Applicant a clear, separate and conspicuous written disclosure that the Employer is permitted to obtain the Records for employment purposes.
Each Applicant has provided the Employer/Insurer with written authorization permitting company to obtain a copy of the Applicant’s Records with PSP.
Notice to Employers and Insurers: If you intend to take adverse action as a result of this report, including but not limited to failure to hire or underwrite insurance, you must provide the subject of this report a copy of the report along with our contact information and a Summary of their Rights under the Fair Credit Reporting Act.
Adverse Action Process:
Before taking Adverse Action, the employer must provide the following information to the applicant: If an employer denies a job applicant, terminates an employee, rescinds a job offer, or denies a promotion based on the results of a driving record or drug test, it is considered an adverse action. Under federal law there are required steps that must be followed in order to be in compliance with the Fair Credit Reporting Act (FCRA).
Employer Must Provide the Following:
STEP 1: Pre-Adverse Action Letter – Provide the Pre-Adverse Letter, Copy of the MVR Report and a Copy of the FCRA Summary of Rights to the applicant. This information is sent prior to taking any action and employer should allow the applicant 5 business days to dispute the accuracy of what was reported. This information can be emailed or sent via mail with evidence of receipt. The applicant can go here to submit their request: MVR Dispute Request Form
STEP 2: Adverse Action Letter – this notice is sent after employer decides to take adverse action of not hiring the applicant.
The following needs to be included with the letter:
The name, address, and phone number of the CRA (Consumer Reporting Agency) that furnished the report.
A statement that the CRA did NOT decide to take the adverse action and is unable to provide the apllicant with specific reasons for the adverse action.
A notice of a Consumer’s Rights to obtain a free copy of their MVR Report from the CRA within 60 days.