1. (1) The division may:

   1. (a) refuse to issue license; or
   2. (b) following issuance of a notice of agency action , revoke, place on probation, or refuse to renew a license.

2. (2) A license may be revoked, placed on probation or refused renewal or issuance for:

   1. (a) failure to comply with Title 53, Chapter 3, Part 5 Commercial Driver Training Schools Act;
   2. (b) failure to comply with this rule;
   3. (c) cancellation of a surety bond as required in Section R708-2-5;
   4. (d) providing false information in an application or form required by the division;
   5. (e) failure to permit the division or its representatives to inspect any school classroom, record, or vehicle used in instruction or testing;
   6. (f) conviction of a felony, or conviction of or reasonable grounds to believe an instructor has committed, an act of moral turpitude; or
   7. (g) failure to appear for a hearing.
3. (3) A proceeding to revoke, place on probation, or refuse to issue or renew a license is designated as an informal adjudicative proceeding under Section 63G-4-202.

4. (4) Upon receipt of notice of agency action, a school shall not:

   1. (a) allow a student to enroll in a driver training course or accept payment from a student; or
   2. (b) transfer contracts, records, properties, training activities, obligations, or licenses to another party.
5. (5) A licensee who has had a license revoked shall not be eligible to reapply for a license until six months have elapsed since the date of the revocation.
6. (6) The applicant shall submit an application and required documentation for an original license, meet the requirements for an original license, and pay required reinstatement and licensing fees.
7. (7) Upon receipt of a completed application for a license, in addition to required documentation and applicable fees, the division shall conduct a review process as established by the division director to determine eligibility for reinstatement or re-licensure.
8. (8) Notice of the division's final decision shall be provided in writing to the applicant within 20 days of receipt of the completed application, required documentation, and fees.
9. (9) When a request for reinstatement is denied, the applicant shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision.
10. (10) Any licensee who has had a license revoked by the division two times shall not be eligible to reapply for a license.

KEY: driver education, schools, rules and procedures

Date of Last Change: March 15, 2023

Notice of Continuation: December 16, 2021

Authorizing, and Implemented or Interpreted Law: 53-3-505