Utah Admin. Code R708-53-9 - Grounds for Refusal to Certify or Suspension of Course
(1) The division may refuse to certify or may
suspend a course offered by a school for any of the following reasons:
(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
R708-2;
(c) providing false
information in an application or form required by the division;
(d) failure to permit the division or its
representatives to inspect any school classroom, record, or vehicle used for
instruction;
(e) conviction of a
felony, or reasonable grounds to believe an school owner or operator has
committed an act of moral turpitude; or
(f) failure to permit or enroll an individual
interested in taking the course unless there is evidence the individual will
not meet licensing requirements outlined in Rule R708-2.
(2) A proceeding to suspend a course offered
by a commercial driver training school is designated as an informal proceeding
under Section
63G-4-202.
(3) Upon receipt of a notice of agency
action, a school shall not:
(a) allow a
student to enroll in a course or accept payment from a student; or
(b) transfer contracts, records, properties,
training activities, obligations, or licenses to another party.
(4) A school who has had a
certification suspended shall not be eligible to reapply for a license until
six months have elapsed since the date of the suspension.
(5) The applicant shall submit an application
and required documentation for a course.
(6) Upon receipt of a completed application
for a course, in addition to required documentation, the division shall conduct
a review process as established by the division director to determine
eligibility for reinstatement or re-certification.
(7) 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.
(8) When a request for reinstatement or
re-certification 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.
Notes
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