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FMCSA Recertifies North Dakota for Non-Domiciled CDLs, CLPs
State Restarts Issuance After Addressing Federal Compliance Deficiencies
Key Takeaways:
- North Dakota resumed issuing non-domiciled CDLs and CLPs after FMCSA recertified the state and lifted a December 2025 federal freeze.
- FMCSA cited deficiencies found in an audit of 526 licenses and warned the state it could lose $34.95 million in federal funds.
- NDDOT said only about 150 of the audited non-domiciled credentials will be reissued after corrective actions.
North Dakota has resumed issuing non-domiciled commercial driver licenses after the Federal Motor Carrier Safety Administration lifted a halt imposed on 24 noncompliant states.
“We are very pleased to receive our recertification from FMCSA and resume this important service,” Robin Rehborg, driver safety deputy director at the North Dakota Department of Transportation, announced April 13.
Effective immediately, NDDOT has resumed issuing new, renewed, transferred or upgraded non-domiciled CDLs after a December 2025 federally imposed freeze.
FMCSA Administrator Derek Barrs issued North Dakota a Dec. 11 letter of preliminary determination of noncompliance in how the state was issuing non-domiciled CDLs and commercial learner’s permits.
The determination was based on a sample federal audit of 526 such licenses. Barrs told Gov. Kelly Armstrong and NDDOT Director Ronald J. Henke to take immediate action or risk losing $34.95 million in federal funds.
Barrs ordered North Dakota to correct deficiencies identified by FMCSA auditors as well as any problems found in a state internal audit. North Dakota was told to void or rescind and reissue all non-domiciled CLPs and CDLs failing to comply with FMCSA regulations when the credentials were issued, renewed, transferred or upgraded.
“FMCSA has now approved NDDOT’s corrective actions and recertified the state to resume these services,” NDDOT stated.
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The state will reissue only about 150 of the 526 non-domiciled CDLs and CLPs that were valid during the FMCSA audit, , told Transport Topics. “NDDOT is very appreciative of our team who worked through this process. We are fortunate to be able to offer this service again,” he said.
NDDOT explained that to regain FMCSA recertification, it conducted an internal review of procedures, programming, training and quality assurance measures to meet federal requirements.
Applicants seeking non-domiciled CDLs and CLPs must complete all transactions in person and provide required documents, including an unexpired foreign passport and valid immigration documentation.
Federal regulations limit eligibility to H-2A (agriculture), H-2B (nonagriculture) temporary, employer-specific visas as well as E-2-specific nonimmigrant statuses.
The FMCSA imposes a one-year limit on credential validity, NDDOT noted.
NDDOT advises drivers to schedule appointments for the non-domiciled credential services. Appointments can be made online at dot.nd.gov
North Dakota was among 23 states and the District of Columbia that FMCSA issued preliminary notices of noncompliance for their non-domiciled CDLs and CLPs after irregular licenses were identified by federal audit investigators.
States on Notice
Other states put on notice for noncompliance:
California, Colorado, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina
Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont and Washington
Oregon opted March 12 to permanently stop issuing non-domiciled licenses after a self-audit showed “only a tiny number” of the 900 people who currently hold a limited-term CDL or CLP would qualify under the new federal rules, Oregon Department of Transportation spokeswoman Chris Crabb said.
Last year after the FMCSA audit, Nevada similarly canceled nearly 1,000 non-domiciled CDLs — called limited-term CDLs — after determining that the permit holders failed to comply with FMCSA regulations.
“By phasing out the limited-term CDL program, we are protecting federal highway funding, maintaining program integrity and ensuring that Nevada’s licensing system remains fully compliant with national standards,” said Tonya Laney, director of the state’s Department of Motor Vehicles.
States aren’t required to issue non-domiciled CDLs, but most do. Those that don’t issue these licenses include Alabama, Arkansas, Mississippi, Tennessee and West Virginia.
