- (a) Failure to qualify - The Department may deny a request for approval or revoke the approval, as applicable of any Commercial Motorcycle School or Commercial Motorcycle Instructor failing to qualify therefore as provided in the rules of this Chapter.
- (b) The Department may deny, suspend, cancel, or revoke the approval of a Commercial Motorcycle School or Commercial Motorcycle Instructor for the violation of any applicable rules of the Department. The Department may consider the following factors when determining the sanction for a violation as described in this section:
- (1) The severity of the alleged violation;
- (2) The Commercial Motorcycle School's or Commercial Motorcycle Instructor's history of compliance or non-compliance;
- (3) The Commercial Motorcycle School's or Commercial Motorcycle Instructor's demonstrated willingness and ability to avoid future violations.
- (c) The Department will issue a corrective action plan when approval of a Commercial Motorcycle School or Commercial Motorcycle Instructor is denied, suspended, canceled, or revoked. Compliance with the corrective action plan is a prerequisite to the lifting of the denial, suspension, cancellation, or removal.
- (d) If the Commissioner or the Commissioner's Designee determines a violation as described in this section endangers the public health, safety, or welfare and requires emergency action, summary suspension of the approval of the Commercial Motorcycle School or Commercial Motorcycle Instructor may be ordered pending a hearing. A hearing will be scheduled within three (3) business days of the date of the order of summary suspension.
- (e) All other individual proceedings are governed by 595 O.A.C. §1-3-3. When the applicant or Commercial Motorcycle School is organized as a corporation, a limited liability company, or a partnership, it must be represented by an attorney through all stages of the proceeding. See Massongill v. McDevitt, 1989 OK CIV APP 82, Allen v. City of Chickasha, 2009 OK CIV APP 52, Cf. Rowland v. Calif. Men's Colony, 506 U.S. 194, 202-203 (1993).
Added at 42 Ok Reg, Number 20, effective 7-11-25