Utah Administrative Code
Topic - Public Safety
Title R708 - Driver License
Rule R708-21 - Third-Party Testing
Section R708-21-12 - Grounds for Revocation, Probation or Denial to Issue or Renew Third-party Tester or Third-party Examiner Certification

Universal Citation: UT Admin Code R 708-21-12

Current through Bulletin 2024-06, March 15, 2024

(1) A Third-party Tester or Third-party Examiner may be revoked, denied or placed on probation for any of the following reasons:

(a) failure to comply with any of the provisions of 49 CFR 383.75;

(b) failure to comply with any of the provisions of Section 53-3-407;

(c) failure to comply with any of the provisions of R708-21;

(d) falsification of any records or other required information relating to the Third-party Tester program;

(e) commission of any act that compromises the integrity of the Third-party Tester Program Commercial Motor Vehicle Safety Act, 1986;

(f) failure to permit and cooperate with the division or federal representative to inspect the testing routes, testing sites or score sheets issued to the Third-party Tester; and

(g) conviction of any crime involving dishonesty, deception, theft, or an act involving moral turpitude by a Third-party Tester or Third-party Examiner.

(2) In determining whether revocation, denial or probation of a certification is appropriate, the division shall consider the third-party tester or third-party examiners involvement and severity of the violation(s).

(3) If a Third-party Examiner certificate is revoked under the emergency provisions of Section 63G-4-502, and the Third-party Tester certificate is valid, the Third-party Tester may continue conducting CDL driving skills tests provided:

(a) the Third-party Examiner is no longer employed by the Third-party Tester;

(b) a Third-party Examiner with a valid certificate is employed by the Third-party Tester;

(c) testing shall not compromise public safety; and

(d) the Third-party Tester is found to not knowingly have allowed a Third-party Examiner to conduct tests that violate state or federal laws, or any provision of R708-21.

(4) Following cancellation of the Third-party Tester certification, the Third-party Tester shall promptly return all CDL skills test documents. Documentation includes at a minimum:

(a) CDL Examiner manual;

(b) used and blank score sheets; and

(c) Third-party Examiner certificates.

Disclaimer: These regulations may not be the most recent version. Utah 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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