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Appeals & Waivers

HAZMAT Endorsement Threat Assessment Program

If you are sent a Preliminary Determination of Ineligibility (PDI) letter, you may respond in the following ways:

• Apply for an appeal
• Apply for a waiver
• Request a time extension (automatically granted)
• Request releasable materials that TSA used to make its decision

Appeals

Appeal or waiver materials must be sent to the address listed in your Preliminary Determination of Ineligibility (PDI) letter. You may appeal TSA’s initial determination if you demonstrate that you:

• Do not have a disqualifying criminal offense;
• Meet lawful presence requirements;
• Do not pose a terrorism threat; and/or
• Do not lack mental capacity.

The time frame for response is 60 days after the date of service of the Preliminary Determination of Ineligibility (PDI) letter. You must state why you dispute TSA's determination and be able to demonstrate with documentation that you(r):

• Conviction identified in the initial determination is incorrect;
• Received a pardon;
• Conviction was expunged or overturned on appeal;
• Are a citizen of the United States who has not renounced or lost his or her United States citizenship;
• Are a lawful permanent resident of the United States:
• in lawful non-immigration status and possess valid evidence of unrestricted employment authorization;
• a refugee admitted under 8 U.S.C & 1157, and possess valid evidence of unrestricted employment authorization; or
• an alien granted asylum under 8 U.S.C. & 1158, and possess valid evidence of unrestricted employment authorization;
• Are not found to be lacking mental capacity;
• Are not committed to a mental institution;
• Do not pose a threat of terrorism or a threat to national or transportation security;
• Do not have extensive foreign or domestic criminal convictions;
• Were not convicted of a serious offense that is not otherwise listed as a disqualifying criminal conviction in 49 C.F.R. 1572.103; or
• Have not been incarcerated for more than 365 consecutive days.

Waivers

You may apply for a waiver if you have been convicted of certain criminal offenses. You may also apply for a waiver if you were declared mentally incompetent in the past year.
Individuals convicted of the following offenses may not apply for a waiver:

• Treason
• Sedition
• Espionage; or
• Crimes of terrorism.

You may not submit appeal or waiver materials prior to applying for the security threat assessment; you must first have been served with a Preliminary Determination of Ineligibility (PDI) letter and you have 60 days after the date of service of the letter to request a waiver. The waiver request must be made in writing.

Waiver requests must be submitted in writing via mail and it must include all of the following information:

• Full name;
• Home address;
• Phone number;
• Date of birth;
• Place of birth (city, state, country);
• Social security number or alien registration number;
• Driver's license number and issuing state;
• Employment authorization documents (if applicable); and
• Explanation of the circumstances of the disqualifying offense(s) and any factors you believe are mitigating.

Submit supporting documentation.  It is strongly encouraged that you provide as much information as possible; however, at least one of the following must be included:

• Official court documents that show the disposition of the case;
• Official proof of restitution, if applicable;
• Official paperwork demonstrating the completion of all terms of the sentence (time served, probation, community service, etc), if applicable;
• A letter from the probation officer and/or a certificate of completion from a rehabilitation program, if applicable;
• A letter of reference from a current supervisor on company letterhead;
• Any awards, recognition, or performance appraisals received in the past three years that demonstrate competency or commitment to transportation safety and security; and
• Any other information that would aid TSA in making a determination on eligibility for a waiver.