Mo. Code Regs. Ann. tit. 12, § 10-24.326 – Third Party Tester and Examiner Sanction and Hearing Guidelines

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) 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
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(9) Further review of the action of the director as a result of an administrative hearing may be taken pursuant to Chapter 536, RSMo.
(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. MISSOURI DEPARTMENT OF REVENUE THIRD PARTY TESTING PROGRAM

Examiner fails to maintain or

Examiner driving history indicates a suspension, revocation, cancellation, or disqualification in MO or any

Examiner falsifies records or information or misrepresents by omitting any test requirement or

Audit of examiner finds scoring and form completions inconsistent with TPT manual guidelines. 12 CSR 10-24

SANCTIONS

EXAMINER

Warning letter 30-day suspension 60-day suspension Decertification

Denial/Decertification

Suspension up to one year and/or decertification.

Re-audit and/or 30 day 60-day suspension Decertification suspension

procedure.
Examiner fails to inform	Suspension up to one year
DOR/MSHP concerning civil or	and/or decertification.
criminal actions related to skills test
Examiner administers skills test	30-day minimum	Decertification
without proper CDL License and	suspension and re-audit.
appropriate endorsements and/or
restrictions.
Examiner knowingly retests failed	30-day suspension	60-day suspension	Decertification
applicant within same day.
Examiner allows unauthorized	Warning letter and possible	30-day suspension	60-day suspension	Decertification
passengers in the test vehicle during	re-audit
skills testing.

other state within last five years.
Examiner fails to attend required re-	Suspension until	Decertification
certification courses as required by	recertification course
the director.	completed.
Examiner fails to report suspension,	Suspension up to one year
revocation, cancellation, or	or decertification.
disqualification.
SKILLSTEST
ADMINISTRATION
Examiner encourages or accepts	Decertification
bribe or gratuity.

complete records as required.
Examiner fails to respond to	Suspension until complies	Decertification
DOR/MSHP request for information
or fails to comply with DOR/MSHP
instruction, directive, or ruling.
EXAMINERQUALIFICATIONS
Examiner application indicates felony	Denial/Decertification
conviction in last five years.
Examiner driving history indicates	Denial/Decertification
conviction for any alcohol related
enforcement contacts (DWI, DUI,
BAC, DUID, etc) in MO or any
other state within last five years.

	FIRST	SECOND	THIRD	FOURTH
VIOLATIONS	OFFENSE	OFFENSE	OFFENSE	OFFENSE
EXAMINERRECORDKEEPING
ANDBUSINESSPRACTICES
Examiner conducts test while non-	Decertification
certified, suspended, or decertified.
Examiner conducts tests without	Decertification
DOR approval or conducts tests for
more than one tester.

MISSOURI DEPARTMENT OF REVENUE THIRD PARTY TESTING PROGRAM

Tester does not maintain insurance as required per C-3 in tester contract.

Tester uses examiner without Department of Revenue approval or allows examiner to test for more than

Tester fails to maintain permanent SANCTIONS

TESTER

Suspended until department receives proof of required insurance.

Decertification

Suspension until complies Decertification 30-day suspension Decertification and must submit proof of required insurance to Department of

structure and business street address.
Tester records not maintained at each	If audit can be completed,	30-day suspension	Indefinite	Decertification
test site in centralized location.	warning letter. If audit		suspension until
	cannot be completed,		complies
	warning letter and
	reschedule audit.
Tester fails to notify DOR of any	Warning letter	30-day suspension	Decertification
changes to tester or examiner status.
TESTSITEFACILITIES
Site does not comply with pre-trip, basic	Warning letter and/or up	Warning letter	Decertification
control and skills course layout, or space	to 30-day suspension	and/or up to 60-day
requirements.		suspension

one tester.
Tester representative fails to attend	30-day suspension	60-day suspension	Decertification
audit/inspection without notification.
Tester fails to comply with monthly	Warning letter	30-day suspension	60-day suspension	Decertification
reporting requirements.
Tester fails to respond to DOR/MSHP	Suspension until complies	Decertification
request for information or fails to
comply with DOR/MSHP instruction,
directive, or ruling.

		Revenue.
Tester does not maintain security bond	Suspended until	Decertification
as required in tester contract.	department receives proof
	of required bond
Tester does not maintain certificate of	Suspended until receipt of	30-day suspension	Decertification
authorization for use of test site(s) as	authorization and posting	and must receive
required.	of certificate.	authorization and
		post certificate
Tester uses non-certified, suspended, or	Decertification
decertified examiner.

	FIRST	SECOND	THIRD	FOURTH
VIOLATIONS	OFFENSE	OFFENSE	OFFENSE	OFFENSE
TESTERRECORDSANDBUSINESS
PRACTICES
Tester operates without Department of	Application denied for
Revenue authorization.	minimum of five years

Tester fails to inform DOR/MSHP concerning civil or criminal actions related to complaints regarding skills 12 CSR 10-24

Suspension up to one year pending additional action or decertification.

testing.
Tester allows examiner to administer	30-day suspension and re-	Decertification
skills test without proper CDL license	audit.
and appropriate restrictions or
endorsements.
Tester allows examiner to administer	30-day suspension	60-day suspension	Decertification
tests during non-daylight hours.
Tester allows examiner to knowingly re-	Warning letter	30-day suspension	60-day suspension	Decertification
test failed applicant within same day.
Tester allows examiner to administer	Warning letter	30-day suspension	60-day suspension	Decertification
skills tests with unauthorized passengers
in test vehicle.

TESTADMINISTRATION
Tester encourages or accepts bribe or	Decertification
gratuity.
Tester falsifies records or information,	Decertification
or misrepresents by omitting, any test
requirement or procedure or
encourages/requires examiner to do the
same.

AUTHORITY: sections 302.720 and 302.721, RSMo Supp. 2013, and section 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. Amended: Filed Feb. 17, 2015, effective Aug. 30, 2015. *Original authority: 302.720, RSMo 1989, amended 1995, 2002, 2004, 2006, 2007, 2008, 2013; 302.721, RSMo 2002; and 302.765, RSMo 1989, amended 1993, 1995.