[headborg]

ARE YOU A BAD BOY?
AS USUAL THE GOVERNMENT HAS MADE IT POSSIBLE FOR
JUST ABOUT ANY CRIMINAL TO HAUL HAZMAT
ALMOST ANY CRIME IS APPEALABLE/WAIVER


AGAIN; MORE PROOF IT'S JUST ABOUT (A) COLLECTING YOUR FINGERPRINTS & (B) $94.00 US
__________________________________________________ ___________

Disqualifiers

HAZMAT Endorsement Threat Assessment Program

Interim Criminal Disqualifiers

The following list was specifically designed to identify disqualifying crimes that pose a potential threat to the nation's transportation network. The list is comparable to assessment standards applied to millions of airport and airline employees. These crimes are only disqualifying if they are considered felonies in the appropriate jurisdiction, civilian or military.

You are disqualified from holding an HME if convicted or found not guilty by reason of insanity within the previous 7 years or were released from prison in the last 5 years for any of the following crimes:

May be Eligible for Waiver/Appeal

* Unlawful entry into a seaport
* Assault with intent to murder
* Kidnapping or hostage taking
* Rape or aggravated sexual abuse
* Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon
* Extortion
* Dishonesty, fraud, or misrepresentation, including identity fraud
* Bribery
* Smuggling
* Immigration violations
* Violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) under 18 U.S.C. 1961, or a comparable State law, other than any permanent disqualifying offenses
* Robbery
* Distribution of, intent to distribute, or importation of a controlled substance
* Arson
* Conspiracy or attempt to commit any of these crimes

Permanent Criminal Disqualifiers

You are permanently disqualified from holding an HME on a state-issued CDL if convicted or found not guilty by reason of insanity for any of the following crimes:

Not Eligible for Waiver

* Espionage
* Sedition
* Treason
* A crime listed in 18 U.S.C. Chapter 113B - Terrorism, or a State law that is comparable

May Be Eligible for Waiver/Appeal

* Bomb threats
* Crime involving a transportation security incident
* Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable State law
* Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
* Murder
* Violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) under 18 U.S.C. 1961, or a comparable State law, where violations consist of any of the permanent disqualifying offenses
* Conspiracy or attempt to commit any of these crimes

[Malaki86]

Don't forget the important part there - it says that you're eligible for a waiver or appeal. I doubt that if someone walked in who tried to murder someone after breaking into a seaport is going to be granted the waiver.

[Skywalker]

Originally Posted by Malaki86

Don't forget the important part there - it says that you're eligible for a waiver or appeal. I doubt that if someone walked in who tried to murder someone after breaking into a seaport is going to be granted the waiver.

I agree....and it would be an uphill battle all the way.

Considering that the majority of companies in the industry will consider a conviction or legally declared "temporary insanity" an immediate employment "disqualifier".....there isn't that much of a chance that those individuals will ever get a hazmat clearance.

[headborg]

Originally Posted by Malaki86

Don't forget the important part there - it says that you're eligible for a waiver or appeal. I doubt that if someone walked in who tried to murder someone after breaking into a seaport is going to be granted the waiver.

To date; TSA has approved/granted 92% of the appeals so far.

[okie]

I was initally d-qed. My dad was stationed in Germany w/ the Army. My mom did not want him to miss my birth. So she flew over to include him. Her plane landed on Ramstien Air Base, I was born in that army/air Force hospital, stayed there for a week then got on plane and flew home. Never left the base (which I thought was considered american soil, when under Military control.) Was back home in the good ole USA at a week old, but that was enough to get me disqualified at first. Sad part to it was I did not get to go with the entire class to get our CDL's as the school was trying to save me $35 just in case I got my clearence letter before truck school let out. It didn't so I had to pay another whopping $35 to get new cdl card with that endorsement on it. I was quite concerned at first, as I had left a goverment job to pursue this and was already 2/3 thru school. But it got cleared up.

[Skywalker]

Originally Posted by headborg

To date; TSA has approved/granted 92% of the appeals so far.

Just curious.....how many "appeals" were approved as opposed to "denials"?

Also, how many "appeals" were granted because the petty bureaucrat handling the paper "screwed up".... apparently quite a few.

92% could be as few as 9 out of 11.

[Skywalker]

Okie...it would have been cleared up as it was. As a "dependent" born to American parents in Germany....whether it was in a US military hospital or a German hospital....you were an American at birth. Here's the hook. Because you were born in Germany, you were accorded "dual citizenship". In fact, if you did not receive paperwork from the German Embassy around the time you turned 18...I would be surprised. The purpose of that paperwork would have been for you to make your final election as to whether you wished to be a German citizen or not. I don't know about now, but in years gone by.....if you were born in Germany to US parents, and joined the US military...you could not be stationed in Germany..... because if the German Government found out you were there....they could draft you into the Bundeswehr. And the US couldn't prevent it. Also, another reason they would not post you to Germany was....if you got really unhappy with the US....you could walk off (desert) assert your German Citizenship, relinquish your US citizenship....and the US Government and military could do absolutely nothing about it.

What happened to you was simply: Some bonehead who was clueless about the facts screwed up.

Frankly, its quite possible that still to this day....you could apply for and receive a German Passport. You may still carry "dual citizenship".

[gmh]

I have a friend who is an ex-pat living in Germany. He retains his US citizenship, with no desire for German citizenship. His kids are dual, and IIRC, when they turn 18, the Germans won't ask him not to be dual, but the US might.

Hope that muddies the water some.