27 CAR § 51-115. Denial/termination of third-party testing program

(a)(1) The Division of Arkansas State Police may deny any application for a third-party tester certificate/agreement or examiner certificate if the applicant or examiner does not qualify for the certificate under the requirements of the third-party testing program. (2) A misstatement or misrepresentation of a material fact may be grounds for denying an agreement or certificate. (b) Any third-party tester may relinquish its certificate and agreement upon thirty (30) days’ notice to the division. (c) The division reserves the right to change or cancel the third-party testing program as described in these requirements. (d) The division may cancel the certificate of and agreement with a third-party tester or examiner after determining the tester or examiner has done one (1) or more of the following: (1) Has failed to comply with or satisfy any of the provisions of the agreement or the division’s instructions relating to the agreement; (2) Has falsified any record of information relating to the third-party testing program; (3) Has committed any act or omission which compromises the integrity of the third-party testing program; or (4) Continues to employ a third-party examiner: (A) Who does not have a valid Arkansas CDL; (B) Whose Arkansas CDL has been suspended or revoked; (C) Whose examiner certificate has been cancelled; or (D) Whose application for an Arkansas CDL has been denied. (e) If the division determines that grounds for cancellation exist and that they relate to a failure to comply with or satisfy any of the requirements for a certificate or for a third-party tester agreement, the division may: (1) Postpone cancellation; and (2) Allow the third-party tester thirty (30) days to correct the deficiency.