1. (1) The tester certification shall remain effective as long as the tester remains employed by the school as a tester, or until the tester certification is cancelled or suspended by the division.

2. (2) The division may:

   1. (a) refuse to certify a tester;
   2. (b) suspend an existing certification; or
   3. (c) place a tester on probation.

3. (3) A tester certification may be suspended, placed on probation or refused 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 and Rule R708-2;
   3. (c) failure to meet the standards for training;
   4. (d) providing false information in an application or form required by the division;
   5. (e) conviction of a felony, or conviction of or reasonable grounds to believe a tester has committed an act of moral turpitude; or
   6. (f) failure to appear for a hearing.
4. (4) A proceeding to suspend, place on probation, or refuse to issue or renew a certification is designated as an informal adjudicative proceeding under Section 63G-4-202.
5. (5) A tester who has had a certification suspended shall not be eligible to reapply for a certification until six months have elapsed since the date of the suspension.
6. (6) Following suspension, the applicant shall submit an application for re-certification.
7. (7) Upon receipt of a completed application, the division shall conduct a review process as established by the division director to determine eligibility for re-certification.
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 applicant who has had a certification suspended by the division two times shall not be eligible to reapply for re-certification.

KEY: driver training, driving skills tests, tests

Date of Last Change: June 22, 2022

Notice of Continuation: January 7, 2025

Authorizing, and Implemented or Interpreted Law: 53-3-510