Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-01 - Driver Control Division
Chapter 1340-01-05 - Skills Performance Evaluation Intrastate Certificate Program
Section 1340-01-05-.04 - APPEALS
Universal Citation: TN Comp Rules and Regs 1340-01-05-.04
Current through September 24, 2024
(1) Denial Based on Documentation
(a) An applicant who is denied an SPEI
Certificate following submission of the documents required in
1340-01-05-.03(1),
but prior to the administration of an SPE Evaluation skills test, may request
an appeal of the denial.
(b) The
appeal must be sent in writing to the Director and must include any documents
and any other information the applicant has to show that the decision of the
Director was in error.
1. The appeal
documents must be sent to the address on the appeal form provided by the
Department and posted on the Department's website.
2. An appeal request must be received by the
Director no later than forty-five (45) days after the date on the letter
denying the SPEI Certificate.
(c) The Commissioner or the Commissioner's
designee must review the documentation from the applicant and the CDL division
and either uphold or overturn the denial within thirty (30) days of receipt of
the appeal.
1. If the denial is upheld, the
person may either reapply for an SPEI Certificate after thirty (30) days of the
date of the decision or the person may appeal to Chancery Court under Tenn.
Code Ann. §
4-5-322 within sixty (60) days of
the date of the decision.
2. If the
denial is reversed, the person will need to schedule an SPE Evaluation with the
Department.
(2) Denial Based on Failure of the SPE Evaluation
(a) An applicant who has failed to
satisfactorily complete the SPE Evaluation skills test may, within thirty (30)
days, reschedule for another test. The second test does not need to be taken
within the thirty (30) days.
(b) An
applicant who has failed to satisfactorily complete the SPE Evaluation skills
test after a second test, or who failed to satisfactorily complete the SPE
Evaluation skills test a first time and did not schedule a second test as
provided for in subsection (2)(a), will be required to resubmit a new
application with documentation showing the issue causing the failure has been
addressed, which may include, but is not limited to, documentation of further
training.
Authority: T.C.A. §§ 4-3-2009, 55-50-202, and 55-50-410.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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