§19-137-15 - Denial/termination of third party testing authority.

§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 department1 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.

        [Eff JUN 15 1991] (AUth: HRS §286-246 ) (Imp:HRS §286-246)

DEPARTMENT OF TRANSPORTATION

Chapter 19-137, Hawaii Administrative Rules, on the Summary Page dated March 15, 1991, was adopted on March 15, 1991, following public hearings held on November 19, 20, 21, 23, 26, and 28, 1990, after public notice was given in the Honolulu Advertiser on October 14 and 19, 1990, Molokai News on October 15 and 28, 1990, Hawaii Tribune-Herald on October 16, 1990, Maui News on October 23, 1990, and The Garden Island News on October 23, 1990-

The adoption of chapter 19-137 shall take effect ten days after filing with the Office of the Lieutenant Governor.

/s/_________

EDWARD Y. HIRATA

Director of Transportation

APPROVED AS TO FORM:

/s/_________

Deputy Attorney General

APPROVED:

/s/_________

JOHN WAIHEE

Governor

State of Hawaii

Dated:JUN 05 1991

_________

Filed

AGREEMENT

THIS AGREEMENT, made this ______day of ______, 199______,

by and between the STATE OF HAWAII, by its Director of Transportation, hereinafter referred to as "STATE"; and C

D whose business address is_________

_________, hereinafter referred to as the "THIRD PARTY

EXAMINER"i

WITNESSETH THAT:

WHEREAS, Act 320, Session Laws of Hawaii, 1989 has charged the Department of Transportation with the responsibility of implementing a Commercial Driver's License

WHEREAS, the CDL program contemplates the use of third party examiners to conduct driver examinations of category 4 and CDL applicants; and

WHEREAS, Act 342, Session Laws of Hawaii, 1990 requires third party examiners to be certified by the State before they can examine applicants for category 4 licenses under Section 286-102(b) Hawaii Revised Statutes and commercial driver's licenses; and

WHEREAS, Chapter 19-137, Hawaii Administrative Rules, entitled, "Category 4 and Commercial Driver Third Party Examiner Requirements" allows for a third party examiner to administer the CDL skill tests; and

WHEREAS, the THIRD PARTY EXAMINER has submitted an application to administer skill tests required for licensing category 4 and commercial driver license applicants; and

WHEREAS, the THIRD PARTY EXAMINER has met the requirements of 49 C.F.R. 383.75, Act 320, Session Laws of Hawaii, 1989 and Act 342, Session Laws of Hawaii, 1990;

NOW, THEREFORE, in consideration of the mutual promises the STATE and the THIRD PARTY EXAMINER mutually agree to "the following:

1. The THIRD PARTY EXAMINER agrees tot

A. Conform its skill tests with all applicable statutes and regulations of the State of Hawaii and of the Federal Highway Administration.

B. Abide by and conform to all applicable requirements of Chapter 19-137, Hawaii Administrative Rules, entitled "Category 4 and Commercial Driver Third Party Examiner Requirements".

C . Save, ir.demni f y , def end and hold harmless the STATE, its officers, agents, representatives, successors and assigns, and other governmental a gene i es f rom any and all suits or actions of every nature and kind which may be brought for or on account of any injury, death, or physical or psychological damage arising or growing out of the acts or omissions of the THIRD PARTY EXAMINER under this Agreement- Acceptance and approval of the THIRD PARTY EXAMINERS performance under this Agreement shall not be deemed to be a waiver of the right of the STATE to take any action deemed appropriate for any act or omission of said THIRD PARTY EXAMINER.

D. Allow the Federal Highway Administration or Its representatives and the STATE or its representatives to conduct random monitors, examinations, inspections and audits of its activities under this Agreement, without prior notice.

E. Allow the STATE or its representatives to conduct on-site inspections of its skill tests locations and examinations at least once annually.

F. Allow, not less often than once a year, county driver licensing employees and state employees to take the tests actually administered by the THIRD PARTY EXAMINER to test for compliance with this Agreement.

C. Obtain written permission prior to administering the skill tests from the county examiner of drivers who will issue the driver's license.

H. Display the third party examiner identification card to all applicants prior to conducting the skill tests. See attached sample.

I. Provide the county driver licensing agency and the driver applicant documented proof of the driver's skill tests results.

2. The STATE agrees tot

A. Certify the THIRD PARTY EXAMINER to administer driver license skill tests as specified in this Agreement and Chapter 19-137, Hawaii Administrative Rules, entitled "Category 4 and Commercial Driver Third Party Examiner Requirements'. who has met all third party examiner requirements and qualifications.

B. Administer and enforce the provisions of Chapter 19-137, Hawaii Administrative Rules, entitled "Category 4 and Commercial Driver Third Party Examiner Requirements'. to ensure that the THIRD PARTY EXAMINER is in compliance with this Agreement.

3. The STATE reserves the right to take prompt and appropriate action against the THIRD PARTY EXAMINER in the event the THIRD PARTY EXAMINER fails to comply with the terms of this

Agreement or with the requirements set forth in Chapter 19-137, Hawaii Administrative Rules. entitled "Category 4 and Commercial Driver Third Party Examiner Requirements.4 .

4. This Agreement constitutes the sole and entire Agreement between the STATE and the THIRD PARTY EXAMINER relating to the authority to administer the driver license category 4 and CDL skill tests„ No other terms or conditions shall form a part hereof, and this Agreement shall not be modified except by written amendment to this Agreement, duly signed by the authorized representatives of both parties. This Agreement may be terminated at any time with 30 days prior written notice, from either party to the other.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.

State of Hawaii

/s/_________

Edward Y. Hirata

Its Director of Transportation

/s/_________

Third Party Examiner

THIRD PARTY EXAMINER IDENTIFICATION CARD

state dept

seal seal

STATE OF HAWAII THIRD PARTY EXAMINER

The above named person, having met the requirements of Chapter 19-137, Hawaii Administrative Rules, is authorized to conduct the skill tests required of driver license applicants for category ______and endorsement

______. Authorization expires _________.

Third Party Examiner State

Dept of Transportation

The following state regulations pages link to this page.