R708-2-25. Grounds for Revocation, Probation or Refusal to Issue or Renew Instructor License, Operator License, or School License

(1) Following a hearing, the division may revoke, place on probation, or refuse to renew a license for either an instructor or operator of a commercial driver training school or a testing only school.

(a) The division may also refuse to issue a license for an instructor, operator, commercial driver training school or a testing only school.

(b) A license may be revoked, placed on probation or refused for renewal for any of the following reasons:

(i) failure to comply with any of the provisions of Title 53, Chapter 3, Part 5 Commercial Driver Training Schools Act;

(ii) failure to comply with any of the provisions of Rule 708-2;

(iii) cancellation of surety bond as required in Subsection R708-2-8;

(iv) providing false information in an application or form required by the division;

(v) violation of Subsection R708-2-11 pertaining to moving violations or an accident that results in a suspension or revocation of a driver license;

(vi) failure to permit the division or its representatives to inspect any school classroom, record, or vehicle used in instruction;

(c) conviction of a felony, or conviction of or reasonable grounds to believe an instructor has committed, a crime of moral turpitude;

(d) conviction of a felony, or conviction of or reasonable grounds to believe any licensee has committed a crime of moral turpitude; and

(i) failure to appear for a hearing on any of the above charges.

(2) Any proceeding to revoke, place on probation, or refuse to issue or renew an instructor license, operator license, commercial driver training school license or a testing only school license is an informal adjudicative proceeding under the Utah Administrative Procedures Act, Section 63G-4-202.

(3) Any licensee who has had a license revoked shall not be eligible to reapply for a license until six months have elapsed since the date of the revocation. The applicant shall complete an application for an original license and meet all applicable requirements for an original license. In addition to the other fees provided in Subsection R708-2-5, the licensee shall be required to pay a $75 reinstatement fee for each license revoked to the division upon application for reinstatement.

(a) Upon receipt of a completed application for an instructor license, operator license, commercial driver training school license or a testing only school, and applicable documentation and fees, the division shall conduct a review process as established by the division director in order to determine eligibility for reinstatement or re-licensure.

(b) Notice of final decision shall be in writing by the division within twenty days of receipt of evidence that all requirements have been met for reinstatement or re-licensure.

(c) When a request for reinstatement is denied, the applicant shall have an opportunity to request a hearing in writing within five days of receipt of the final decision of the division.