Current through Register Vol. 28, No. 3, September 1, 2024
14.1 New
applications for a TPTO license or ST certification can be denied, or a current
TPTO licenses or ST certification can be placed on probation, suspended,
revoked, or refused renewal for any one of the following reasons:
14.1.1 Falsification of information or making
a material misstatement on or accompanying the application for certification,
recertification, licensing, or renewal;
14.1.2 Change in the business location
without prior notification to and approval by the Division;
14.1.3 Change of ownership without prior
notification to and approval by the Division;
14.1.4 An ST failing to attend a Division
continuing education or refresher class within a 3 year period until the
continuing education has been successfully completed;
14.1.5 An ST failing to attend the scheduled
refresher class;
14.1.6 An ST
failing to pass the Division's in-vehicle evaluation audit;
14.1.7 Fraudulent use of the forms or
completion statements by an ST;
14.1.8 Testing on an unapproved testing
route;
14.1.9 Unauthorized use of a
certificate number of an individual ST's certification;
14.1.10 Falsification of or failure to keep
and provide, adequate records and information in the approved record management
plan as described in subsection 5.5.3 of this regulation;
14.1.11 Falsification of or failure keep and
provide, adequate financial records and documents as required, including a
refusal to be audited;
14.1.12
Failure to comply with the SRE requirements described in Section
11.0 of this regulation, to include
the altering or omission of exam material and content without approval from the
Division;
14.1.13 Failure to
provide updated insurance and vehicle registration information to the Division
within 30 days of expiration until current insurance or registration is
received;
14.1.14 Failure of a TPTO
to address or correct problems found in a previous audit;
14.1.15 Failure to comply after receipt from
the Division of a cease-and-desist order or written warning;
14.1.16 Failure of the TPTO to comply with
State or Federal laws and regulations, standards, or contractual
obligations;
14.1.17 Submission of
documentation that represents testing has been successfully completed when the
CDL applicant has not successfully completed testing;
14.1.18 Examination of a CDL applicant before
they meet the statutory requirements or postdating a completion application or
statement;
14.1.19 Omission of any
test requirements from an SRE by a TPTO or ST;
14.1.20 Allowance of a CDL applicant to test
more than once per day;
14.1.21 Use
of approved testing routes as a pre-test or practice for CDL
applicants;
14.1.22 Failure to
execute test pad maintenance per submitted plan;
14.1.23 Failure of the TPTO to meet the
requirement for delivering SREs to the minimum number of applicants over any
given 12-month period;
14.1.24 As
the result of a complaint or hearing decision, as described in Section
15.0 of this regulation;
14.1.25 Failure of a TPTO to report a change
of status with the driver license of one of its ST;
14.1.26 Failure of a TPTO to submit monthly
reports, if required, by the 10th of the month for the prior month, unless a
hardship is determined by the Division. The failure to submit monthly reports
required of a TPTO on more than one occasion during any 12-month period may
result in additional suspension or revocation of privileges up to and including
revocation of the license or denial of a license renewal;
14.1.27 Failure of a TPTO to comply with the
conditions set forth in their contract with the Division;
14.1.28 An ST administering any road skills
exam to a member of their immediate family; or
14.1.29 Participation in criminal activities
including:
14.1.29.1 An ST convicted of any
felony charges per 49 CFR
§
384.228(h) after the
application date;
14.1.29.2 An ST,
employee, or subcontractor of a TPTO who has access to the computerized systems
for entering test scores and schedules and has been convicted of or pled guilty
or nolo contendere to a felony or received a deferred sentence to a felony
charge;
14.1.29.3 An ST who
participates in any illegal activity related to driver licensing or testing;
or
14.1.29.4 An ST who has
accumulated 5 or more points on their driver license within a 3-year period, or
their license has been suspended, revoked, forfeited, or denied by the
Division.
14.2
If a TPTO is found to be non-compliant with the terms of its agreement with the
Division, then the agreement between the Division and the TPTO may be
terminated.
14.3 If the Division
believes that an ST has violated the provisions of these rules or any Federal
regulations, state statutes, or that the public health, safety, or welfare is
at risk, the Division will act in accordance with
49 CFR §
383.75(a) (6).
14.4 The Division reserves the right to
permanently revoke any privileges of the program described in this
regulation.
14.5 If a CDL
applicant's testing was improper, illegal, or fraudulent, the applicant may
have their driver license canceled, suspended, revoked, disqualified, denied,
or downgraded.
14.6 In the event
the TPTO license is not renewed or is otherwise suspended or revoked, all
individual ST certifications associated with that TPTO will be
cancelled.
14.7 A TPTO or ST who
has their license cancelled or decertified must wait 6 months from the date of
decertification or license cancellation before applying for recertification or
licensing.
14.8 An ST who is
decertified solely as the result of a TPTO license being suspended, cancelled,
revoked, or otherwise not renewed will not be required to serve the six month
waiting period before reapplying as outlined in subsection 14.7.
