Haw. Code R. § 19-137-15 - Denial/termination of third party testing authority
(a) The
department may deny any application for a third party examiner certification
upon the following grounds:
(1) Failure to
comply with or satisfy any of the requirements of this chapter;
(2) Falsification of any information provided
to the department.
(b)
Any third party examiner may voluntarily terminate its third party testing
authority and return the certificate to the department.
(c) The department may revoke, suspend,
cancel or terminate the certification and require the return of the certificate
of a third party examiner upon the following grounds:
(1) Failure to comply with or satisfy any of
the requirements of this chapter, the department's or the county's instructions
or the third party examiner contract;
(2) Falsification of any records or
information relating to the third party testing authority;
(3) Commission of any act which compromises
the integrity of a third party examination; and
(4) Driver license suspension, revocation,
cancellation or disqualifications.
(d) The department may allow the third party
examiner an opportunity to cure any deficiency within thirty days of receipt of
notice by the department.
(e) Any
applicant whose application has been denied by the department or any third
party examiner whose third party examiner certification has been suspended,
revoked, cancelled 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 or third party examiner's authority should not be denied,
suspended, revoked or terminated. Upon such request, the department shall
respond in writing within thirty calendar days- Failure to request a review
within ten calendar days after receiving notice of denial, suspension,
revocation or termination of the application or third party examiner's testing
authority shall be deemed a waiver of a right to appeal.
(g) Any person aggrieved by the
administrative review decision of the department may appeal that decision to
the department. The department may hold hearings on the appeal in accordance
with chapter 91, Hawaii Revised Statutes.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.