The department shall establish a program for unlimited annual electronic driver record checks for employers of commercial drivers. The program shall include the registration of the employer with the department, including an estimate of the number of drivers employed and an annual fee which shall be based on $5 per estimated driver. The department shall provide the registered employer with unlimited electronic access to uncertified driver records. The department is authorized to periodically audit the registered employer to determine that fees are approximately in line with the number of employees' records being accessed. If the department determines that the employer misrepresented the number of drivers whose records would be accessed or that the record of a driver other than a commercial driver employee or prospective commercial driver employee was accessed, the department shall take appropriate action.