HME Appeal and Waiver Lawyer for Hazmat Endorsement Denials

A denied or revoked Hazardous Materials Endorsement can prevent a commercial driver from accepting loads, keeping a position, or qualifying for better-paying work. But an adverse TSA letter does not always mean that you are permanently ineligible for an HME.

You may be able to:

Appeal inaccurate or legally incorrect information;
Request a waiver of an otherwise disqualifying condition;
Pursue an appeal and waiver together; or
Seek further administrative review if TSA denies relief.

You should act quickly. Under 49 C.F.R. § 1515.5, an applicant generally must initiate an appeal within 60 days after receiving TSA’s Initial Determination of Threat Assessment. If you do nothing, the Initial Determination ordinarily becomes final. A waiver request also has a deadline and generally must be submitted no later than 60 days after service of TSA’s Final Determination.

National Security Law Firm represents commercial drivers nationwide in TSA Hazardous Materials Endorsement appeals and waivers. We have handled HME and TWIC matters since 2016 and have represented applicants in hundreds of TSA credential cases.

For qualifying initial-stage HME appeal and waiver matters, our flat legal fee is $2,495. We review the TSA letter, determine the correct strategy, obtain necessary records, develop the supporting evidence, prepare the submission, and manage the matter through the covered TSA administrative stage.

Schedule a free consultation

What Does an HME Denial Mean?

A Hazardous Materials Endorsement allows a qualified commercial driver to operate a vehicle transporting hazardous materials that require placarding under federal law.

Obtaining an HME involves two different levels of government:

TSA conducts the federal security threat assessment.
The driver’s state licensing agency issues, renews, transfers, denies, or revokes the endorsement on the CDL.

TSA determines whether the applicant satisfies the federal security standards in 49 C.F.R. Part 1572. The state may not issue or renew an HME unless TSA sends the state a Determination of No Security Threat.

Conversely, if TSA issues a Final Determination of Threat Assessment, the state must deny or revoke the endorsement. TSA also may direct a state to revoke an HME immediately if TSA determines that the driver presents an immediate threat to transportation security, national security, or a terrorism concern.

This division of authority is important: an HME appeal ordinarily challenges the federal TSA threat determination, but the endorsement itself remains part of the driver’s state-issued CDL.

TSA Approval Does Not Resolve Every CDL Problem

Winning a TSA appeal or obtaining a waiver resolves the federal security threat assessment. It does not necessarily resolve every issue affecting the driver’s CDL or authority to operate a commercial motor vehicle.

A driver may still face:

State licensing requirements
HME knowledge-testing requirements
Entry-level driver training requirements
CDL medical-certification issues
State suspensions or revocations
Separate federal commercial-driving disqualifications
Employer qualification requirements
Insurance or company-safety restrictions

Most importantly, 49 C.F.R. § 383.51 imposes separate commercial-driving disqualifications for certain offenses. Those disqualifications are administered through the state and Federal Motor Carrier Safety Administration framework, not through TSA’s ordinary appeal-and-waiver process.

Under 49 C.F.R. § 1572.5(c), if records indicate that the applicant committed an offense that would disqualify the applicant from operating a commercial motor vehicle under § 383.51, TSA will not issue a Determination of No Security Threat until the state or FMCSA determines that the applicant is no longer disqualified.

Accordingly:

A successful TSA appeal or waiver does not automatically reinstate a CDL, eliminate an FMCSA disqualification, satisfy a state testing requirement, or compel an employer to return a driver to work.

Before accepting an HME matter, we examine whether the problem is truly a TSA security threat assessment issue, a separate state or FMCSA issue, or both.

What Did TSA Find?

TSA may determine that an HME applicant does not meet the federal security threat assessment standards because:

TSA identified a disqualifying criminal offense.
The applicant is wanted or under indictment for a listed felony.
TSA could not determine the final disposition of an arrest.
The applicant does not satisfy TSA’s immigration-status requirements.
TSA determined that the applicant falls within its mental-capacity standard.
TSA concluded through other security analyses that the applicant poses a threat.
TSA received new information after a prior favorable determination.
The information submitted during enrollment was incomplete, inconsistent, or potentially false.

The correct response depends on which determination TSA made and whether the underlying information is accurate.

If you received an adverse notice, our guide explains what to do after a TSA Preliminary Determination of Ineligibility.

Do You Need an HME Appeal, an HME Waiver, or Both?

An appeal and a waiver serve different purposes.

A driver should not request a waiver merely because TSA issued an adverse letter. A waiver may unnecessarily concede a disqualifying condition that should have been challenged.

Likewise, an appeal based only on rehabilitation does not address an accurately reported conviction. Rehabilitation normally belongs in a waiver request.

What Is a TSA HME Appeal?

An HME appeal argues that the applicant meets the federal security threat assessment standards and that TSA’s adverse determination is factually or legally incorrect.

An appeal may be appropriate when:

The criminal record belongs to someone else.
TSA relied on an arrest rather than a conviction.
The charge was dismissed or nolle prossed.
The applicant was acquitted.
The applicant was convicted only of a lesser, nondisqualifying offense.
A conviction was overturned, vacated, or otherwise legally altered.
TSA relied on an incomplete disposition.
A warrant was recalled or resolved.
An indictment was dismissed.
The offense is not a felony under the applicable law.
The state offense does not match the federal disqualifying category.
TSA used an incorrect conviction or release-from-incarceration date.
An interim disqualifying offense falls outside both applicable time periods.
TSA incorrectly characterized simple drug possession as distribution or possession with intent to distribute.
TSA relied on inaccurate immigration or mental-capacity information.

Under 49 C.F.R. § 1515.5, an applicant can initiate an appeal by submitting a written reply, requesting TSA’s supporting materials, or requesting an extension under the regulation.

Requesting TSA’s materials may be valuable when the letter does not make clear which record or legal theory TSA used. After TSA provides the releasable materials, the applicant generally has an additional regulatory period in which to submit a written reply.

An appeal should identify the precise error, establish the correct facts through reliable records, and explain why those facts satisfy the governing federal standard.

What Is an HME Waiver?

An HME waiver generally applies when the adverse information is accurate, but TSA has authority to grant relief.

Under 49 C.F.R. § 1515.7, TSA may grant a waiver when it determines that the applicant does not pose a security threat. TSA may consider:

The circumstances of the disqualifying act or offense
Restitution made by the applicant
Federal or state mitigation remedies
Relevant court or medical records
Other factors demonstrating that the applicant does not pose a security threat

A strong waiver is not simply an apology letter or a collection of character references. It is an organized evidentiary submission demonstrating why the past offense does not establish a present transportation-security risk.

Who May Qualify for an HME Waiver?

The federal regulations divide criminal offenses into permanent and interim categories. However, the term “permanent disqualifying offense” does not mean that every offense in that category is nonwaivable.

Under 49 C.F.R. § 1515.7, TSA may consider waivers for:

Permanent disqualifying offenses listed in 49 C.F.R. § 1572.103(a)(5) through (a)(12)
Interim disqualifying offenses listed in § 1572.103(b)
Certain applicants holding Temporary Protected Status
Certain applicants subject to TSA’s mental-capacity standard

Some very serious offenses may therefore be waivable. Eligibility to request a waiver, however, is not a prediction that TSA will grant it. TSA evaluates the specific offense, surrounding circumstances, subsequent history, rehabilitation, and evidence of present reliability.

For a more focused discussion of criminal histories and HME eligibility, read Can a Felon Get a Hazmat Endorsement?.

Which HME Offenses Are Not Waivable?

The waiver regulation does not authorize criminal-offense waivers for the first four permanent categories in 49 C.F.R. § 1572.103(a):

Espionage or conspiracy to commit espionage
Sedition or conspiracy to commit sedition
Treason or conspiracy to commit treason
A federal crime of terrorism, a comparable state offense, or conspiracy to commit such an offense

The permanent-offense provisions also separately address attempts to commit the crimes in the first four categories.

The precise statute and theory of conviction matter. An abbreviation on a background report is not a reliable substitute for the charging instrument, judgment, plea documents, and applicable criminal statute.

How Do the Seven-Year and Five-Year Rules Apply to an HME?

The seven-year and five-year limitations apply to interim disqualifying felonies.

An interim offense is disqualifying if either:

The applicant was convicted or found not guilty by reason of insanity within seven years of the HME application; or
The applicant was incarcerated for that offense and released within five years of the application.

Both periods must be considered. A driver whose conviction is more than seven years old may still be within the disqualifying period if the driver was released from incarceration less than five years before applying.

The analysis can become complicated when a case involves resentencing, multiple sentences, parole violations, work release, halfway-house placement, an amended judgment, or incomplete custody records.

What If TSA’s Criminal Record Is Incomplete?

Criminal-history repositories frequently show an arrest without a final disposition. A record may also omit that a charge was reduced, dismissed, vacated, or resolved through a diversionary program.

Under 49 C.F.R. § 1572.103(d), when a fingerprint-based check discloses an arrest for a listed offense without a disposition, TSA may require the applicant to provide written proof that the arrest did not result in a disqualifying conviction. The regulation generally provides 60 days after service of that notification to submit the proof.

Relevant evidence may include:

A certified judgment
A dismissal or nolle prosequi order
A judgment of acquittal
A certified docket
A prosecutor’s record
A court clerk’s certification
A corrected state criminal-history record
A corrected FBI identity history summary
Documents establishing the actual degree or statute of conviction

National Security Law Firm identifies the records needed and works to obtain them as part of qualifying HME representation.

What Evidence Does NSLF Develop for an HME Waiver?

Every waiver should be tailored to the driver, offense, and evidence. Depending on the facts, we may develop:

Court and Corrections Records

These can include the charging document, plea agreement, judgment, sentence, proof of release, probation or parole records, restitution documentation, and proof that court-ordered obligations were completed.

An Accurate Account of the Offense

The submission should address the circumstances candidly and consistently with the official record. Attempts to minimize, blame others, or avoid established facts can undermine credibility.

The purpose is to demonstrate insight, responsibility, and why the past event does not establish a present security risk.

Rehabilitation Evidence

Depending on the case, relevant evidence may include:

Substance-use treatment
Counseling or therapy
Anger-management programming
Educational or vocational programs
Recovery participation
Reentry programming
Professional licensing
Safety training
Evidence of a sustained law-abiding period

Commercial Driving and Employment History

A driver’s subsequent professional record can be especially important. Relevant evidence may include:

Years of safe commercial driving
Employer evaluations
Safety awards
Clean inspection history
Training certificates
Specialized qualifications
Evidence of reliability and compliance
Letters from dispatchers, fleet managers, safety directors, or employers
A job offer conditioned on obtaining the endorsement

Character and Community Evidence

The strongest supporting letters provide detailed, firsthand examples of responsibility, honesty, rehabilitation, and reliability. Generic statements that the applicant is a “good person” carry less persuasive value.

The Driver’s Personal Statement

The personal statement should explain the offense, the lessons learned, rehabilitation, employment history, present responsibilities, and why TSA can trust the applicant to transport hazardous materials.

Our attorneys help develop and edit that statement so it is accurate, persuasive, and consistent with the documentary record.

Why the First HME Waiver Submission Matters

A driver should not assume that missing evidence can simply be added during a later appeal.

If TSA denies a waiver, the applicant may request review by a TSA Administrative Law Judge under 49 C.F.R. § 1515.11. But the ALJ generally may consider only the evidence and information previously presented to TSA in the waiver request.

If new evidence becomes available, the regulations contemplate filing a new waiver request rather than adding that evidence to the pending ALJ review.

That limitation makes the initial submission critically important. The first package should:

Address TSA’s stated concern
Include the available official records
Present the strongest rehabilitation evidence
Explain apparent inconsistencies
Establish the relevant dates
Apply the correct regulations
Preserve important issues
Be organized for possible later review

We prepare the initial submission with the understanding that another administrative decision-maker may eventually examine the same record.

Immediate HME Revocation

TSA may direct a state to revoke an HME immediately if TSA determines that the driver presents an immediate threat to transportation security, national security, or a terrorism concern.

When TSA issues an Initial Determination of Threat Assessment and Immediate Revocation, 49 C.F.R. § 1572.13 requires the state to revoke the endorsement immediately. The driver may appeal the TSA determination under the procedures referenced in 49 C.F.R. § 1515.5.

An immediate revocation is particularly serious because the driver may lose authority to transport placarded hazardous materials before TSA completes the ordinary administrative process.

If you receive an immediate revocation notice, send us the complete letter immediately so we can determine:

The stated basis for TSA’s action
Whether the information is accurate
Which appeal procedure applies
Whether a waiver is available
What response deadline governs
Whether a separate state or FMCSA disqualification also exists

HME Renewal and Transfer Issues

HME Renewals

A driver is subject to another security threat assessment when renewing the endorsement. Under 49 C.F.R. § 1572.13, the issuing state must notify the HME holder at least 60 days before expiration that another assessment is required.

The driver may initiate the assessment after receiving the notice but generally should begin no later than 60 days before the endorsement expires.

If TSA has not issued either a Determination of No Security Threat or a Final Determination before expiration, the state may extend the HME for 90 days. Additional extensions require advance TSA approval.

The state’s authority to grant an extension does not mean that every driver automatically receives one. Drivers should begin the renewal process early and confirm state-specific procedures.

Transfers Between States

When a driver transfers an existing HME from one state to another, 49 C.F.R. § 1572.13(e) provides that the second state generally will not require a new TSA security threat assessment until the renewal period established by the original state expires, subject to a maximum period of five years.

The driver must still comply with the new state’s CDL transfer requirements. A comparable TSA assessment does not eliminate ordinary state licensing obligations.

New Adverse Information During Renewal

A driver who previously passed the security threat assessment may receive a new adverse determination during renewal if TSA discovers intervening criminal, immigration, mental-capacity, or other security-related information. The appropriate response depends on the new information and whether TSA has also directed immediate revocation.

How Are TWIC and HME Security Assessments Related?

TSA has determined that the HME security threat assessment is comparable to the security threat assessment used for the Transportation Worker Identification Credential program.

That comparability can affect enrollment and fee procedures for an applicant who already holds a qualifying credential. It does not mean that an HME and a TWIC are the same credential.

A TWIC provides access to certain secure maritime areas. An HME is placed on a state-issued CDL and authorizes a qualified driver to transport placarded hazardous materials. Each credential has its own application, issuance, renewal, and operational requirements.

A favorable TWIC assessment may satisfy or streamline part of the federal security review for an HME, depending on the current TSA procedures and timing. It does not:

Place an HME on the driver’s CDL
Satisfy state testing or training requirements
Remove a state CDL suspension
Cure an FMCSA disqualification
Guarantee that no new adverse information will be identified

Drivers dealing with a TWIC denial should review our separate page about TWIC appeals and waivers. Applicants facing a broader TSA credential issue can also review our TSA credential appeal and waiver practice.

What Happens After TSA Decides the HME Appeal or Waiver?

The state licensing agency cannot independently override TSA’s security determination.

If TSA withdraws its Initial Determination or grants a waiver, TSA sends the state a Determination of No Security Threat. The driver must then complete any remaining state licensing requirements.

If TSA issues a Final Determination of Threat Assessment, it notifies the licensing state. Under 49 C.F.R. § 1572.13, the state must deny or revoke the HME and update the driver’s record.

The state generally must update its permanent record and notify the Commercial Driver’s License Information System of the result within 15 days after receiving TSA’s determination.

Even after a favorable TSA outcome, the driver should follow up with the licensing state to confirm:

The state received TSA’s determination
The state updated the driver’s record
Any remaining testing or training requirements
Whether a new license must be issued
Whether an HME transfer or renewal step remains
Whether a separate CDL disqualification prevents issuance

What If TSA Denies the HME Waiver?

A TSA waiver denial may be eligible for review by a TSA Administrative Law Judge under 49 C.F.R. § 1515.11.

The request for review generally must be filed no later than 30 calendar days after service of the waiver-denial decision. The request must identify the issues for review and include the original waiver request, the evidence submitted to TSA, and TSA’s decision.

The applicant may request an in-person hearing, although the ALJ decides whether a hearing is warranted. The ALJ’s decision may be appealed by either party to the TSA Final Decision Maker.

A final agency order may potentially be reviewed in the appropriate federal court of appeals under 49 U.S.C. § 46110.

ALJ review, hearings, TSA Final Decision Maker proceedings, and federal-court litigation are advanced stages. They are separately evaluated and quoted and are not included in the $2,495 initial-stage fee unless the written engagement agreement expressly states otherwise.

How Our HME Lawyers Handle Your Case

National Security Law Firm’s HME service is designed for commercial drivers who want the firm to manage the legal and records process for them.

1. We Review the Entire TSA Notice

We identify the type of determination, alleged disqualification, deadlines, and available response procedures.

2. We Separate the TSA Issue From Other CDL Problems

We assess whether the adverse action arises from TSA’s federal threat assessment, a state licensing matter, an FMCSA disqualification, or some combination of those issues.

3. We Determine Whether to Appeal, Request a Waiver, or Do Both

We identify which facts should be disputed, which conditions may be waived, and whether alternative arguments are appropriate.

4. We Obtain the Necessary Records

Our team tracks down the court, disposition, sentencing, and corrections records required for the submission. Drivers should not have to navigate multiple courthouses and agencies alone.

5. We Analyze the Actual Offense

We compare the criminal statute, elements, degree, disposition, sentence, conviction date, and release date with TSA’s federal rules.

6. We Develop the Evidence

We create a personalized plan for employment, rehabilitation, treatment, safety, character, and mitigation evidence.

7. We Prepare the Complete Submission

We draft the legal argument, assist with the personal statement, organize the exhibits, and submit the appeal, waiver, or combined package to TSA.

8. We Manage the Covered TSA Process

We track the submission, communicate with TSA when appropriate, and respond to ordinary requests for additional information within the agreed scope.

How Long Does an HME Appeal or Waiver Take?

There is no guaranteed processing time.

The regulations provide 60-day periods for TSA action at several stages, but TSA may extend its time for good cause. Actual timing can also depend on:

Whether the applicant requests TSA’s supporting materials
How quickly courts and agencies produce records
Whether a criminal-history record requires correction
Whether TSA requests additional evidence
The number and complexity of the offenses
Whether the applicant appeals before requesting a waiver
TSA’s processing workload
Whether ALJ or Final Decision Maker review becomes necessary
How quickly the state updates the CDL record after TSA acts

A case may take several months, and complicated matters can take longer. We cannot control TSA or the state’s processing time. We can reduce avoidable delay by identifying the right procedure, obtaining the needed records, and preparing a complete submission.

Do You Need an HME Appeal Lawyer?

No law requires an applicant to hire an attorney for an initial TSA appeal or waiver.

A driver may be able to handle a straightforward record correction without counsel when the issue is obvious and the driver already possesses a certified document conclusively resolving it.

Legal representation may be especially valuable when:

Your current job depends on the endorsement.
You have a conditional job offer for hazmat work.
TSA identified a felony conviction.
You do not know whether the offense is waivable.
The record is incomplete or inaccurate.
The conviction is old or from another state.
The case involves multiple convictions.
The federal classification of the offense is disputed.
You must establish rehabilitation.
TSA ordered immediate revocation.
The matter may proceed to an Administrative Law Judge.
A separate state or FMCSA disqualification may exist.
The same history may affect a TWIC or another occupational credential.

A lawyer cannot change established facts or guarantee a government decision. Experienced representation can provide legal analysis, record procurement, evidence development, structured advocacy, and management of the administrative process.

Our $2,495 Flat HME Legal Fee

For qualifying initial-stage HME appeal and waiver cases, National Security Law Firm charges a flat legal fee of $2,495.

The covered representation generally includes:

Attorney review of the complete TSA notice
Deadline and procedural analysis
Appeal-versus-waiver strategy
Preliminary identification of a separate state or FMCSA issue
Legal research concerning the alleged disqualification
Identification and procurement of ordinary court records
Review of criminal-history and disposition records
Development of a personalized evidence plan
Assistance with supporting letters
Development and editing of the driver’s personal statement
Preparation of the appeal, waiver, or combined submission
Organization of supporting exhibits
Submission to TSA
Tracking through the covered initial administrative stage
Ordinary TSA follow-up within the scope of representation
Copies of the completed submission and TSA decision

The exact scope is governed by the signed engagement agreement.

Unless expressly included in that agreement, the flat fee does not cover:

State CDL hearings or litigation
Challenges to an independent state suspension or revocation
FMCSA proceedings
CDL training or testing
Medical-certification matters
Employer disputes
Unusual third-party expenses
ALJ review
Administrative hearings
TSA Final Decision Maker proceedings
Federal-court litigation

For more information about federal TSA charges, variable state costs, training expenses, and legal fees, review our guide to Hazmat endorsement costs and appeal lawyer fees.

Financing Is Available

Eligible clients may use Pay Later by Affirm to divide the legal fee into monthly payments.

Financing decisions and available terms are determined by the financing provider. Checking financing options does not extend TSA’s deadline, so drivers should not wait until the response period is about to expire.

Our Written Refund Guarantee for Qualifying HME Cases

National Security Law Firm offers a written refund guarantee in qualifying HME appeal and waiver cases because we carefully evaluate matters before accepting them and have achieved strong results in TSA credential cases.

The refund guarantee is not a promise that TSA will withdraw its determination, grant a waiver, issue a Determination of No Security Threat, or cause the state to issue an HME. TSA and the state licensing agency control those government decisions, and no attorney can ethically guarantee a particular result.

Instead, when the guarantee applies, the signed engagement agreement identifies the covered result and the circumstances under which National Security Law Firm will refund the covered $2,495 legal fee if that result is not achieved.

The guarantee:

Applies only when expressly included in the signed engagement agreement
Covers only the legal fee identified in that agreement
Is subject to stated terms, exclusions, and client responsibilities
Does not guarantee or control a TSA or state decision
Does not necessarily cover third-party expenses or advanced proceedings
Does not apply to a separate state, FMCSA, medical, testing, or employer problem unless expressly stated

We do not accept every case for guaranteed representation. We first review the TSA notice, criminal history, procedural stage, deadlines, potential state or FMCSA issues, and available evidence.

Why Commercial Drivers Choose National Security Law Firm

More Than a Decade Handling TSA Credential Matters

National Security Law Firm has handled HME and TWIC appeals and waivers since 2016. This is an established part of our nationwide federal administrative practice.

Hundreds of TSA Credential Cases

We have represented applicants in hundreds of matters involving TSA threat assessments, appeals, waivers, inaccurate criminal histories, serious offenses, and complicated records.

A Dedicated Homeland Security and Threat-Assessment Practice

Our HME matters fall within a practice focused on federal security threat assessments and occupational credential determinations. The practice is led by Alex Carr, Director of NSLF’s Homeland Security and Security Threat Assessment Practice.

We Obtain the Records for You

We identify and pursue the court and disposition records needed for the case. We do not simply provide a checklist and leave the driver to locate every document.

We Analyze Both the Federal and Commercial-Driving Issues

An HME matter can involve TSA, a state licensing agency, and FMCSA rules. We identify which agency’s decision is preventing relief so the response addresses the actual problem.

We Build the Administrative Record Carefully

Because later ALJ review may be restricted to evidence previously presented to TSA, we prepare the initial waiver package with possible further review in mind.

Nationwide Representation

TSA’s HME security threat assessment is governed by federal law. Our streamlined electronic process allows us to represent commercial drivers throughout the United States.

Relevant TSA Credential Results

National Security Law Firm’s publicly reported TSA credential results include matters involving inaccurate criminal records, weapons offenses, and serious drug convictions. Examples include:

These published examples involved TWIC matters, which use a security threat assessment comparable to the HME assessment. They demonstrate the firm’s experience with TSA credential appeals and waivers but do not establish that any HME case will have the same outcome.

Past results do not guarantee future outcomes. Every case depends on its facts, records, procedural posture, and applicable law.

Frequently Asked Questions About HME Appeals and Waivers

Can a felon get a Hazmat Endorsement?

Yes, in many cases. Not every felony is disqualifying. Interim offenses are subject to the seven-year and five-year rules, and many—but not all—permanent disqualifying offenses may be waived. The exact statute, disposition, sentence, dates, and current licensing status must be reviewed.

Is TSA or my state responsible for denying the HME?

TSA decides whether the applicant satisfies the federal security threat assessment. The state issues, renews, transfers, denies, or revokes the endorsement on the CDL based in part on TSA’s determination and the driver’s satisfaction of other licensing requirements.

Can my state override TSA’s denial?

No. A state may not issue or renew an HME unless it receives a Determination of No Security Threat from TSA.

Does a TSA waiver restore my CDL?

Not necessarily. A TSA waiver addresses the federal security threat assessment. It does not automatically lift a state CDL suspension, eliminate an FMCSA disqualification, satisfy training or testing requirements, or resolve a medical-certification problem.

Can I appeal and request a waiver at the same time?

Yes, when supported by the facts. A driver may dispute TSA’s classification or records while requesting a waiver in the alternative. The arguments must be framed carefully so the waiver does not unnecessarily concede the appeal.

Are all permanent disqualifying offenses nonwaivable?

No. TSA may consider waivers for permanent offenses listed in 49 C.F.R. § 1572.103(a)(5) through (a)(12). The offenses in § 1572.103(a)(1) through (a)(4), involving espionage, sedition, treason, and terrorism-related crimes, are outside the criminal-offense waiver authority stated in § 1515.7.

Is simple drug possession a disqualifying offense?

The interim-offense list includes distribution, possession with intent to distribute, and importation of a controlled substance. It does not list simple possession as an independent disqualifying offense. The conviction documents must show what offense was actually established.

Does an expungement automatically remove an HME disqualification?

Not always. TSA’s regulations contain a federal definition of “convicted,” and the effect of an expungement, set-aside, dismissal, pardon, or other post-conviction order depends on the nature of the relief. The actual order and applicable law should be reviewed.

What happens if I transfer my CDL to another state?

A driver transferring an existing HME generally does not undergo a new TSA assessment until the original assessment’s renewal period expires, subject to a maximum period of five years. The driver must still comply with the receiving state’s CDL-transfer requirements.

Does my TWIC background check count for an HME?

TSA considers the HME and TWIC security threat assessments comparable. A valid, current comparable assessment may streamline aspects of the process, but the driver must still satisfy the HME enrollment, state licensing, testing, training, and other applicable requirements.

How long do I have to appeal?

An applicant generally must initiate an appeal within 60 days after receiving TSA’s Initial Determination. Different deadlines apply at later stages, including a generally applicable 30-calendar-day period to request ALJ review after a waiver denial. Always follow the deadline stated in your particular notice.

Will I have to go to court?

Initial HME appeals and waivers are ordinarily written administrative submissions to TSA, not ordinary court proceedings. A later waiver-denial review may involve a TSA Administrative Law Judge and, in some cases, a hearing. Judicial review is a separate advanced proceeding.

Does hiring NSLF guarantee that I will receive an HME?

No. TSA makes the federal threat determination, and the state controls the endorsement. Qualifying cases may include a written refund guarantee covering the legal fee, but that financial protection is not a promise of government approval.

Schedule a Free Consultation With an HME Appeal Lawyer

A denied or revoked HME can directly affect your income and commercial-driving career. The response may require more than proving that you are a safe driver. It may require correcting a criminal record, analyzing the offense under federal law, building a documented waiver case, distinguishing TSA’s authority from a state or FMCSA disqualification, and preserving the record for possible administrative review.

National Security Law Firm has handled HME and TWIC matters since 2016 and has represented applicants in hundreds of TSA credential cases. For qualifying initial-stage HME appeals and waivers, we charge a flat $2,495 legal fee, handle the records and submission process, offer financing options, and may provide a written refund guarantee subject to the precise terms of the engagement agreement.

Schedule a free consultation.

Official HME Resources

Author: Katherine O’Brien, Esq., Founder, National Security Law Firm
Attorney Reviewed: August 26, 2026

This page provides general information and is not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Past results do not guarantee future outcomes. Any fee, scope of representation, financing arrangement, or refund guarantee is governed exclusively by a signed written engagement agreement.