The tester certification shall remain effective as long as the tester remains
employed by the school as a tester, or until the tester certification is
cancelled or suspended by the division.
The division may:
(a) refuse to certify a tester;
(b) suspend an existing certification;
(c) place a tester on
certification may be suspended, placed on probation or refused issuance for:
(a) failure to comply with Title 53, Chapter
3, Part 5 Commercial Driver Training Schools Act;
(b) failure to comply with this rule and Rule
(c) failure to meet the
standards for training;
providing false information in an application or form required by the
(e) conviction of a
felony, or conviction of or reasonable grounds to believe a tester has
committed an act of moral turpitude; or
(f) failure to appear for a
proceeding to suspend, place on probation, or refuse to issue or renew a
certification is designated as an informal adjudicative proceeding under
(5) A tester who has had a certification
suspended shall not be eligible to reapply for a certification until six months
have elapsed since the date of the suspension.
(6) Following suspension, the applicant shall
submit an application for re-certification.
(7) Upon receipt of a completed application,
the division shall conduct a review process as established by the division
director to determine eligibility for re-certification.
(8) Notice of the division's final decision
shall be provided in writing to the applicant within 20 days of receipt of the
completed application, required documentation, and fees.
(9) When a request for reinstatement is
denied, the applicant shall have an opportunity to request a hearing in writing
within 20 days of receipt of the division's final decision.
(10) Any applicant who has had a
certification suspended by the division two times shall not be eligible to
reapply for re-certification.