PURPOSE: This rule establishes the guidelines for sanctioning third party testers and examiners for not conforming to the requirements of the third party tester contract, the laws and regulations of this state concerning commercial drivers and the provisions of the third party tester/examiner requirements produced by the Department of Revenue. It also includes the hearing rights and procedures of such parties.

1. (1) As used in this rule the following terms mean:

   1. (A) Certification—the authority issued by the director of revenue to a third party tester to open a testing facility or to a third party examiner to administer testing for a third party tester;
   2. (B) Decertification—the director of revenue’s removal of authority or certification from a third party tester or examiner. Such removal shall be for a minimum period of one

2. (1) year after which time a new application may be made; and

   1. (C) Denial—the director does not issue a certification to a third party tester or examiner. Such tester or examiner once denied may not reapply for a period of one (1) year.
3. (2) The department may warn, deny, refuse to issue or renew, suspend, revoke or decertify a third party tester or examiner’s authority, whether initial or renewed. Such action may result from any violation of the third party tester contract or third party tester/examiner requirements, including but not limited to, those violations listed in the Missouri Department of Revenue Third Party Testing Program Sanctions for Examiner or Tester included herein and made a part of this rule. The department recommendations for sanctions are listed in the Department’s Third Party Testing Program Sanctions for Examiners and Testers in this rule. 12 CSR 10-24
4. (3) The department shall notify the tester or examiner of its proposed action to deny, refuse to issue or renew, suspend, revoke or decertify a third party tester or examiner certification by mailing via certified mail, notice to the party’s last known address in the department’s records.
5. (4) The department’s notice of proposed action shall state that the party may request a hearing on the denial, refusal to issue or renew, suspension, revocation or decertification by the department within thirty (30) days of the mailing of such notice.
6. (5) Failure to request a hearing shall result in the proposed action of the director becoming effective thirty (30) days from the date of mailing of notice.
7. (6) Upon receipt of a written request for a hearing, the director shall set a hearing date, a time and location designated by the director. Notice of hearing shall be mailed to the tester or examiner at the last known address for such entity within the department’s records. Notice shall be complete upon mailing and shall state the time, date and place of hearing and the reason or reasons for the proposed action. If a hearing is requested, the action of the director shall be stayed until a hearing is held and an order entered thereon.
8. (7) Such hearings shall be conducted by the director or the director’s designated hearing officer. Such hearings shall be heard in substantially the same manner as provided in Chapter 536, RSMo.
9. (8) The director shall enter a written hearing decision and mail that decision to the party requesting the hearing at the last known address for such party in the department’s records.
10. (9) Further review of the action of the director as a result of an administrative hearing may be taken pursuant to section 302.311, RSMo.
11. (10) Nothwithstanding the provisions of section (5) of this rule the department may summarily revoke or suspend the certificate of a third party tester, without opportunity for stay, provided that the department finds that the public safety requires emergency action and it incorporates its findings to that effect in its notice of suspension or revocation. If so requested, a hearing to review the summary action and the underlying cause shall be held in an expedited time frame not to exceed thirty (30) days and the summary suspension or revocation shall be promptly determined. AUTHORITY: sections 302.720 and 302.765, RSMo 2000.* Original rule filed Sept. 27, 2001, effective April 30, 2002. Emergency amendment filed April 12, 2002, effective April 30, 2002, expired Oct. 26, 2002. Amended: Filed April 12, 2002, effective Sept. 30, 2002. *Original authority: 302.720, RSMo 1989, amended 1995 and 302.765, RSMo 1989, amended 1993, 1995.