Can a previous employer or its service agent charge for previous employer checks?

Yes, but the requestor may not have to pay the fee. Previous employers that are DOT regulated are required to respond to “safety performance history” inquiries sent to comply with 391.23. Such inquiries ask for employment verification information and a three-year accident history (as required to be listed on the accident register). According to the Federal Motor Carrier Safety Administration, “previous employers may not condition release of this required investigative safety performance history information on first receiving payment of a fee by the prospective motor carrier.” The information must be provided to prospective employers upon request and within 30 days, according to 391.23(g), whether a fee is paid or not.