HAR §19-123-201. General rule

(a) Applicants who work in close proximity to students shall be of reputable and responsible character. (b) The department may refuse to issue a rider education instructor certificate to, may terminate the rider education instructor certificate of, or may revoke the rider education instructor certificate of any applicant who has a criminal history record, employment history, or background involving violence, alcohol or drug abuse, sex offense, offense involving children or any other circumstance which indicates that the applicant may pose a risk to the health, safety, or well-being of students. The refusal, termination, or revocation action may be based on: (1) Conviction of a crime which indicates that the person poses a risk to the health, safety, or well-being of students (the type of criminal offense, when it occurred, and evidence of rehabilitation may be considered in determining whether the criminal history record indicates a risk to students); (2) Other information or evidence which reflect upon the character and fitness of the person which indicates that the person poses a risk to students; (3) Failure to accurately and fully complete and submit certification application documents; or (4) Failure to declare, concealment, or falsification of criminal history, employment history, or background information to the department. [Eff 3/4/02; comp JAN 13 2025] (Auth: HRS §§286-16, 286-17, 286-18, 286-108, 286-108.4, 431:10G-104) (Imp: HRS §§286-18, 286-108, 286-108.4, 431-10G-104) 123-20 3576 §19-123-202 ### §19-123-202 Applicant duty to provide information. (a) Except as otherwise specified or exempted from criminal history record check requirements, any person who teaches rider education or seeks certification as a rider education instructor with the department in a position which places that person in close proximity to students is required to provide to the department: (1) An accurately and fully completed certification application with all requested information and documents including employment references; and (2) A written consent for the department to obtain information from current and past employers and references. (b) Applicants shall cooperate fully and make every reasonable effort to provide information and comply with fingerprinting and other related requirements when so notified and instructed by the department or its representative agents. The department may refuse to certify, or may suspend or terminate the rider education instructor certificate or both of any person who willfully fails to cooperate or fails to provide the requested information. [Eff 3/4/02; compJAN 13 2015 (Auth: HRS §§286-16, 286-17, 286-18, 286-108, 286-108.4, 431:10G-104) (Imp: HRS §§286-18, 286-108, 286-108.4, 431-10G-104)