(a) This section pertains to and outlines administrative appeal rights only. An applicant appealing under this section shall follow the procedures in Subchapter 1.2.

(b) An applicant disqualified as the result of failing the drug test may only appeal the disqualification on the grounds that: 1) the drug was used legally; or 2) the test result was a false positive resulting from a violation of test protocol, defect in the chain of custody procedures, or another irregularity. A disqualified applicant may have the drug test specimen retested at the applicant's own expense as provided in Section 213.4(i)(2) and include the results of the retesting in the appeal.

(c) An applicant disqualified or withheld from certification as a result of disclosure of drug use or whose background investigation reveals use of a drug pursuant to Section 213.5(c) may appeal the disqualification or the withholding from certification on any grounds allowable by law.

(d) An applicant who prevails upon appeal under this section will be restored to eligibility in the examination from which the applicant was disqualified or restored to the eligible list from which the applicant was withheld.