(a)

1. (1) The Division of Arkansas State Police may deny any application for a third-party tester certificate/agreement or examiner certificate if the applicant or examiner does not qualify for the certificate under the requirements of the third-party testing program.
2. (2) A misstatement or misrepresentation of a material fact may be grounds for denying an agreement or certificate.

(d) The division may cancel the certificate of and agreement with a third-party tester or examiner after determining the tester or examiner has done one (1) or more of the following:

1. (1) Has failed to comply with or satisfy any of the provisions of the agreement or the division’s instructions relating to the agreement;
2. (2) Has falsified any record of information relating to the third-party testing program;
3. (3) Has committed any act or omission which compromises the integrity of the third-party testing program; or

4. (4) Continues to employ a third-party examiner:

   1. (A) Who does not have a valid Arkansas CDL;
   2. (B) Whose Arkansas CDL has been suspended or revoked;
   3. (C) Whose examiner certificate has been cancelled; or
   4. (D) Whose application for an Arkansas CDL has been denied.

(e) If the division determines that grounds for cancellation exist and that they relate to a failure to comply with or satisfy any of the requirements for a certificate or for a third-party tester agreement, the division may:

1. (1) Postpone cancellation; and
2. (2) Allow the third-party tester thirty (30) days to correct the deficiency.