Current through Register Vol. 46, No. 12, March 20, 2024
(a) The department may suspend or revoke
approval of a sponsoring agency or delivery agency for any of the following
causes:
(1) the department determines that the
sponsoring agency, its delivery agencies or instructors have failed to comply
with any of the provisions of this Part or any applicable law or a sponsoring
agency has failed to provide oversight of its delivery agencies in accordance
with this Part;
(2) a course which,
after evaluation, proves ineffective or which contains any changes which have
not been approved;
(3) a sponsoring
agency or delivery agency has made a material false statement or concealed a
material fact in connection with an application or has knowingly presented
false or misleading information to the department, or to the general
public;
(4) failure or refusal of a
manager, owner, operator, officer, partner, or employee of the sponsoring
agency or delivery agency to permit the department or its representatives to
inspect any of the offices, records, classrooms or courses;
(5) failure or refusal of a manager, owner,
operator, officer, partner, or employee of the sponsoring agency to report
every motorist's completion of an accident prevention course to the department
or, in the case of a delivery agency or instructor, to the sponsoring
agency;
(6) failure or refusal of
the managers, owners, operators, officers, partners, or employees of the
sponsoring agency to produce approval and/or termination records for delivery
agencies and instructors when requested to do so by the department;
(7) failure or refusal to maintain standards
in accordance with this Part for instructors or to secure the services of
qualified instructors or to secure the use of equipment sufficient to maintain
the delivery agency or classes;
(8)
failure to advise the department within 30 days of a change in the sponsoring
agency's ownership, name or address;
(9) failure of the managers, owners,
operators, officers, partners, or employees of the sponsoring agency to submit
to the department upon request on or before an established deadline any forms,
reports, or approvals to conduct the course;
(10) provision of a course completion
notification to the department, or, in the case of a delivery agency or
instructor, to a sponsoring agency, for a person who has not completed the
course;
(11) provision of a course
completion certificate to a person who has not completed the course;
(12) failure to terminate an instructor when
the sponsoring agency becomes aware of the fact that such instructor's driving
privileges have been suspended, revoked or restricted or that such instructor
does not meet the standards set out in this Part;
(13) conviction for any felony or crime
involving fraudulent activity by any manager, owner, operator, officer,
partner, employee or instructor of the sponsoring agency or delivery
agency;
(14) teaching the course in
locations that have not been approved in accordance with section
138.8 of
this Part;
(15) failure to display
an instructor's full name, delivery agency name, telephone, and code number,
sponsor's name and telephone number in the classroom during class time;
or
(16) failure of the sponsoring
agency to monitor its delivery agencies and instructors as required by section
138.10
of this Part and, in cases where evidence of impropriety is discovered, failure
to take appropriate steps to correct the impropriety or terminate the delivery
agency or instructor if necessary. In cases where allegations of fraudulent or
criminal activity are presented, (including but not limited to, false
advertising, short classes, fraudulent sale or issuance of completion credit or
certificates to those who are not legally entitled to receive them) failure to
provide timely notification to the department and, upon request, investigate
the matter.
(b) An
instructor shall have his or her status suspended or revoked by the sponsoring
agency, the delivery agency or the department for any of the following causes:
(1) the instructor's presentation does not
adequately address subject areas set out in section
138.4(d)(3)
of this Part;
(2) a false statement
is provided on the instructor's application or any other materials submitted to
the sponsoring agency, delivery agency or the department;
(3) the instructor's driving record is
inconsistent with the qualifications for an instructor as set out in section
138.7
of this Part;
(4) the instructor's
classroom practices are found to be in violation of any of the provisions of
this Part;
(5) the instructor
conducts the class while under the influence of alcohol or illegal
drugs;
(6) after evaluation, the
instructor's classroom performance is ineffective; or
(7) the instructor has been convicted of any
fraudulent activity related to the program, or is convicted of any crime
involving violence, rape, dishonesty, deceit, indecency, degeneracy, moral
turpitude or fraud, including but not limited to theft, forgery, making false
statements, perjury or bribery.
(c) If the approval of a sponsoring agency is
suspended or revoked by the department, all delivery agencies and classroom
operations of the sponsoring agency will also be suspended or revoked. If the
approval of a delivery agency is suspended or revoked by the sponsor or the
department, all instructors and classroom operations of the delivery agency
will also be suspended or revoked.
(d) No approval of a sponsoring agency,
delivery agency or instructor shall be denied, revoked or suspended by the
department without an opportunity to be heard, such hearing to be held pursuant
to Part 127 of this Title and at such time and place as the commissioner shall
prescribe. A hearing must be requested in writing within 30 business days of
receipt of notification of suspension or revocation from the department. Any
request filed after the 30-day deadline shall not be considered. If such
request for a hearing be made, the suspension or revocation shall be stayed
pending completion of the hearing.
