Haw. Code R. § 19-123-155 - Denial, suspension, or termination of rider education instructor certificate

(a) The department may deny any application for a rider education instructor certificate upon any of the following grounds:

(1) Failure to comply with or satisfy any of the requirements of this chapter; or

(2) Falsification of any information provided to the department.

(b) Any instructor may voluntarily surrender a rider education instructor certificate by returning the certificate to the department with a signed letter of explanation.

(c) The department may revoke, suspend, cancel, or terminate the rider education instructor certificate and require the return of the certificate upon any of the following grounds:

(1) Failure to comply with or satisfy any of the requirements of this chapter;

(2) Falsification of any records or information required by this chapter or otherwise relating to rider education;

(3) Commission of any negligent or otherwise wrongful act which endangers the student;

(4) Driver license suspension, revocation, cancellation or disqualification;

(5) Inappropriate behavior directed toward a student by the instructor;

(6) Mental or physical incapacity of the instructor which would prevent the instructor from performing the instructor's duties and responsibilities as described in section 19-123-152;

(7) Unsatisfactory criminal history record check; or

(8) Moving traffic violations as described in section 19-123-153(h).

(d) The department may allow the instructor to cure any deficiency, if curable, within thirty days of receipt of notice-by the department.

(e) Any applicant whose application has been denied by the department or whose rider education instructor certificate has been suspended, revoked, canceled, or terminated and who has not cured the deficiency may within ten calendar days after receiving the notice of denial, suspension, revocation, cancellation, or termination appeal the department's action by submitting to the department a written request for an administrative review of the decision by the department. The request shall state the reasons why the application should not be denied, or the rider education instructor certificate suspended, revoked, canceled, or terminated. Upon such request, the department shall respond in writing with an administrative review decision within thirty calendar days. Failure to request a review within ten calendar days after receiving the notice of denial, suspension, revocation, cancellation, or termination of the application or rider education instructor certificate shall be deemed a waiver of a right to appeal.

(f) Any person aggrieved by the administrative review decision of the department may, within ten calendar days of the date of the decision, submit a written appeal of that decision to the department. The department may hold hearings on a timely appeal in accordance with chapter 91, Hawaii Revised Statutes.

Notes

Haw. Code R. § 19-123-155

[am and comp 8/18/2016] (Auth: HRS §§ 286-16, 286-17, 286-18, 286-108, 286-108.4, 431:10G-104) (Imp: HRS §§ 286-18, 286-108, 286-108.4, 431-10G-104)