1. (1) The division may refuse to certify or may suspend a course offered by a school for any of the following reasons:

   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) providing false information in an application or form required by the division;
   4. (d) failure to permit the division or its representatives to inspect any school classroom, record, or vehicle used for instruction;
   5. (e) conviction of a felony, or reasonable grounds to believe an school owner or operator has committed an act of moral turpitude; or
   6. (f) failure to permit or enroll an individual interested in taking the course unless there is evidence the individual will not meet licensing requirements outlined in Rule R708-2.
2. (2) A proceeding to suspend a course offered by a commercial driver training school is designated as an informal proceeding under Section 63G-4-202.

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

   1. (a) allow a student to enroll in a course or accept payment from a student; or
   2. (b) transfer contracts, records, properties, training activities, obligations, or licenses to another party.
4. (4) A school who has had a certification suspended shall not be eligible to reapply for a license until six months have elapsed since the date of the suspension.
5. (5) The applicant shall submit an application and required documentation for a course.
6. (6) Upon receipt of a completed application for a course, in addition to required documentation, the division shall conduct a review process as established by the division director to determine eligibility for reinstatement or re-certification.
7. (7) 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.
8. (8) When a request for reinstatement or re-certification 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.

KEY: driver education, schools, rules and procedures

Date of Last Change: December 23, 2021

Authorizing, and Implemented or Interpreted Law: 53-3-505 through 53-3-509