Operating Instruction 5.19.3.1 Driver's License Record Check

System Procedures
Chapter 5 - Administration

Part 1. Purpose
This operating instruction sets forth the process to be used by Minnesota State to identify acceptable drivers who may drive vehicles or other equipment requiring a driver's license on behalf of Minnesota State.

Part 2. Application
This operating instruction applies to any individual who wishes to drive a vehicle on behalf of the system, college or university as part of their job duties or responsibilities. Colleges and universities shall adopt procedures to implement this operating instruction and provide information to authorized users about this and other applicable policy standards.

Part 3. Position Statement
Minnesota State recognizes the importance of public confidence in individuals authorized under System Procedure 5.19.3, Part 6, subp. C. to drive vehicles for system business. Each college, university and the system office shall implement procedures consistent with this operating instruction to conduct driving record reviews for the purpose of identifying acceptable drivers.

All Minnesota State employees or students, driving any vehicle for system-related activities, should take care to comply with applicable laws by: not driving with an inactive, cancelled, suspended or revoked license; maintaining appropriate liability insurance; refraining from driving while distracted or under the influence of alcohol or drugs; abiding by any applicable license restrictions; and driving lawfully and courteously.

Part 4. Definitions

Acceptable driver
An authorized Minnesota State employee or student user who has been determined pursuant to this operating instruction to have a valid, active, and appropriate license to operate the applicable vehicle.

Active/valid/appropriate license
A current motor vehicle operator’s license issued under the laws of the state of issuance and used as intended under the law.

Alcohol/drug related driving offense
Any violation of Minn. Stat. Ch. 169A (Driving While Impaired), including, but not limited to, Minn. Stat. § 169A.52 (Test Refusal or Failure).

Authorized user
An individual authorized by System Procedure 5.19.3, Part 6, Subp. C. or other applicable policy or procedure to operate or ride in a system vehicle for system activities.

Driver’s license loss
Suspension, revocation, cancellation, disqualification, restrictions or legal limitations on driving a motor vehicle. A driver’s license loss occurs at the time it is recorded on the driving record.

Driving record
The historical record maintained on each driver by the applicable state department of public safety.

System
Colleges and universities and the system office that are part of Minnesota State.

System vehicle
System owned or leased vehicles or other equipment requiring a driver’s license, but not a rental vehicle subject to rental agency driver qualifications.

Part 5. Driver License Requirement for Acceptable Drivers
An authorized user must have an active, valid, appropriate driver’s license to be an acceptable driver. Driving a system vehicle without an active, valid, appropriate driver’s license violates this operating instruction and may be the basis for discipline under the applicable standard of conduct.

Minnesota State colleges, universities and the system office shall implement procedures consistent with this operating instruction to determine on an annual basis that each acceptable driver has an active, valid, appropriate driver’s license.

Employees who are not required to drive a system vehicle need not authorize a driver’s license check under this operating instruction. Such employees will not be acceptable drivers but may ride in system vehicles for authorized purposes pursuant to system procedures.

Part 6. Review of Driving Record

Subpart A. Job applicants
College, university and system office human resources offices shall implement procedures to inform applicants, including student workers, of any driver license requirements for employment positions. Where applicable, candidates must be informed that a job offer is contingent on verification that the individual has an acceptable driving record.
Prior to hiring an individual who will be required to drive a system vehicle, the human resources office shall obtain verification consistent with this operating instruction that the candidate has the requisite active, valid, appropriate driver license. If an employee is given a time frame in which to obtain a license after hire, the human resources office, in coordination with the hiring department, shall verify that the employee has obtained the required license within that time frame; failure to obtain a required license may be grounds for discipline or termination.

The human resources office shall determine, in appropriate consultation with Minnesota State, whether candidates who are denied employment because of their driving record are eligible for notice and an opportunity to respond pursuant to Minn. Stat. Ch. 364.

Subpart B. Current Employees or Students Authorization Form
Each authorized user (employee or student) who wishes to drive a system vehicle must complete a form to permit the college, university or system office to obtain a driving record from each state in which they held a driver’s license in the past five years. Completed authorization forms will be provided to the state Risk Management Division of the Department of Administration (RMD), and that office will obtain driving records from each applicable jurisdiction. A driving record must be obtained from the state where the driver presently holds a license and each state in which the driver has held a license in the past five years. Driving records will be checked annually pursuant to written authorization.

Subpart C. Driving record information
RMD will review the driving record and determine whether the individual has an active, valid, appropriate driver’s license and will communicate that determination to the college, university, or system office designee. Individual driving records will generally not be provided to Minnesota State and will be destroyed by RMD when no longer needed for verification purposes.

Information about drivers must be maintained as private data . Supervisors or other system officials shall use such information as needed to determine whether an individual has an acceptable driving record before permitting use of a system vehicle.

Part 7. Driver’s License Loss

Subpart A. Employees
An employee shall immediately inform his/her supervisor of the loss of a driver’s license that affects his/her ability to perform assigned work. Supervisors shall obtain a release of information from the employee to obtain a copy of the driving record. Failure to report a loss of a driver’s license may constitute a violation of this operating instruction. An employee who has lost their license may be permitted to drive for work purposes only if consistent with the Department of Public Safety’s driver license restrictions. Supervisors shall consult with their human resources department and/or Minnesota State labor relations if an employee is not permitted to drive for work purposes and driving is an essential function of the position.

Subpart B. Potential employment actions based on driver’s license loss

Factors. Under certain circumstances, loss of a driver’s license may be the basis for discipline or other appropriate action for employees. In consultation with human resources and/or labor relations, the following general factors may be considered in determining whether there is just cause to take action:

Whether the employee voluntarily notified the supervisor of driver’s license loss.

The circumstances of the violation and nexus to the employee’s work, e.g.:

Whether the incident(s) involved a state vehicle or a personal vehicle;

The frequency with which the employee must drive as part of their job;

The kind of driving done by the employee – is the employee driving other employees, students, clients? Is the employee driving a vehicle that requires special care – a large truck or plow, for instance?

The Department of Public Safety requirements for the employee. (How long will license be lost? Is a limited license possible?)

The employee’s work record (performance evaluation, longevity and discipline history).

Possible employment actions. Decisions about appropriate actions in response to the loss of a driver’s license are made by the employee’s supervisor in consultation with human resources and labor relations, taking into account the factors listed above. The appointing authority should document the rationale for its decisions concerning an employee’s loss of license. Possible actions include, but are not limited to:

No action;

The employee may be counseled, and have their driving monitored;

Employee may be required to complete a defensive driving course;

The employee may be prohibited from driving other employees or students, or from driving large or complex equipment;

In extreme circumstances, the appointing authority may decide, in consultation with labor relations, that the employee may not drive a system vehicle because of their driving record. In such cases, the appointing authority must further decide whether the employee’s inability to perform important job duties will result in disciplinary action . Human resources personnel must be consulted to determine whether the employee is entitled to any notice or process pursuant to Minn. Stat. Ch. 364.

Subpart C. Students
A student who loses their license subsequent to having been determined to be an acceptable driver must immediately report that information to the designated campus official. Students will not be eligible to re-apply to drive a system vehicle until the license is restored or otherwise unrestricted.

Part 8. Reemployment of Former Employees where Essential Duties of the Position Require a Driver’s License
Former employees being considered for re-employment in positions where the essential duties require a valid, active and appropriate driver’s license are subject to a driving record check. Care should be taken when considering rehiring a former employee who lost their license due to an alcohol/drug offense while on duty, and consultation with human resources and labor relations is recommended.

Part 9. General Responsibilities

Subpart A. Acceptable system drivers
Acceptable drivers shall:

Follow the system’s Drivers’ License and Record Check operating instruction and other applicable policies and procedures;

To the extent required by this operating instruction, maintain an active, valid/appropriate driver’s license;

As required by this operating instruction, immediately notify their supervisor or designated school official of the loss of a driver’s license (for employees, no later than the beginning of the next shift);

Drive system vehicles responsibly, adhering to all traffic and other laws applicable to the operation of a motor vehicle;

Drive system vehicles only for authorized purposes and limit passengers to authorized system users.

Subpart B. Managers/Supervisors
System managers and supervisors shall:

Be familiar with the system’s Driver’s License and Record Check operating instruction and other applicable policies and procedures;

Prior to hiring an applicant (including rehiring a prior employee) whose job duties require a driver’s license, ensure that the individual has the required license and that their driving record is reviewed pursuant to this operating instruction;

When an employee who is required to have a driver’s license loses their license, follow the appropriate procedures as outlined in this operating instruction and consult with human resources. Take appropriate action in consultation with human resources and system labor relations;

Take appropriate action to limit student access to system vehicles in the event of notice of a driver’s license loss.

Subpart C. Human Resources
System human resources offices shall:

Assist system officials in implementing this operating instruction including, but not limited to: collecting and maintaining driving record information; assisting supervisors in consulting appropriate system resources and determining appropriate actions in the event an employee loses their driver’s license or in response to other relevant circumstances;

Assist system officials in creating and maintaining appropriate documentation of personnel decisions;

Confer with system labor relations as necessary in advance of taking action against an employee based on a driving record;

Determine and implement, with appropriate consultation with system resources, applicable procedures required by Minn. Stat. Ch. 364.

Operating Instruction 5.19.3.1 Driver's License Record Check

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