R708-37-11. Refusal to Certify, Grounds for Cancellation, Suspension, or Probation of a Tester's Certification

(1) The division may refuse to certify tester applicants who do not meet the standards for training or who submit an application that contains false or incomplete information.

(2) The tester certification shall remain effective as long as the tester retains the status of instructor for a commercial driver training school or testing only school or until the tester certification is canceled or suspended by the division. A commercial driver training school or testing only school may initiate suspension or cancellation of the testing certification held by one of their instructors by providing the division with acceptable written justification.

(3) The tester certification shall be canceled or suspended upon cancellation, revocation, denial of issuance of renewal of the tester's instructor certification. Grounds for cancellation or suspension of the tester certification shall include all items listed in R708-2-25.

(4) Certification may be canceled or suspended for non-compliance with these rules.

(5) Certification may be canceled or suspended for failure to participate in any in-service training required by the division.

(6) Certification may be canceled or suspended when a third-party tester's personal driver license has been denied, suspended, revoked, canceled, or disqualified. The tester shall be required to notify the division in writing within five working days of any action taken against the tester's driving privilege.

(7) When the division determines it is necessary to cancel, suspend, or place on probation a tester's certification, it shall determine an appropriate course of action from the following options:

(a) probation, with terms that must be met and adhered to by the tester;

(b) suspension, pending a remedial plan leading to reinstatement; or

(c) cancellation.

(8) Action by the division to cancel, suspend, place on probation or refuse to issue a tester certification is designated as an informal adjudicative proceeding under the Utah Administrative Procedures Act, Section 63G-4-202.

(9) The following procedures will govern informal adjudicative proceedings:

(a) action by the division to cancel, revoke, place on probation or refuse to issue a certification will be commenced by the division by the issuance of a notice of agency action. The notice of agency action will comply with the provisions of Section 63G-4-201;

(b) no response is required to the notice of agency action;

(c) an opportunity for a hearing will be granted on a cancellation, revocation, probation or refusal to issue a certification if, within five days, the division receives a request for a hearing;

(d) the tester will receive written notice of the hearing at least ten days prior to the date of the hearing;

(e) no discovery, either compulsory or voluntary, will be permitted prior to the hearing except that all parties shall have access to information contained in the division's files, and to investigatory information and materials not restricted by law;

(f) the hearing shall be conducted by an individual, or panel designated by the division; and

(g) within twenty days after the close of the hearing or after the failure of a party to appear for the hearing, the individual conducting the hearing shall issue a written decision which shall constitute final agency action. The written decision shall state the decision, the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right to judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.

(10) Reinstatement following cancellation of certification shall consist of completing an approved training plan and making application for a new certification. Instructors and testers must have a driving record free of suspensions or revocations of their driving privilege resulting from moving violations, chargeable accidents, and drug or alcohol related offenses, in all states, for a two year period immediately prior to application and during employment.

(11) Certification shall be canceled when testers are no longer employed as instructors in commercial driver training schools or testing only schools. Testers who discontinue employment as instructors with a commercial driver training schools or testing only school and subsequently return to instruct and test under the sponsorship of a different commercial driver training schools or testing only school must make a new application with the division for a new instructor certification and tester certification. If the period of cancellation of testing certification exceeds six months the applicant shall complete a course of approved training.