HAR §19-139-13. Driver education instructor certificate

(a) A driver education instructor certificate will be issued authorizing the instructor to conduct driver education or behind-the-wheel driving courses or both. (b) The driver education instructor certificate will be granted upon satisfactory completion of a training course certified, or subsequently certified, under section 19-139-11 139-12 2719 §19-139-13 and when all requirements in section 19-139-10, have been met. (c) The driver education instructor certificate shall be non-transferable. (d) Subject to section 19-139-13(h), the driver education instructor certificate is renewable annually for four years with the submittal of a traffic abstract that records no more than one moving traffic violation within the past year, not more than two moving traffic violations within the past three years; and not more than three moving violations within the past five years; a state tax clearance; and proof of general liability and vehicle insurance. (e) Every fifth year, the certificate will be renewed: (1) Upon completion of all requirements in section 19-139-10; and (2) Upon completion of a professional development course approved by the department. (f) It is the responsibility of the certificate holder to initiate the renewal process. (g) The instructor shall provide the department a certificate of liability insurance covering commercial general liability in the sum of one million dollars, in a form and with provisions satisfactory to the department, listing the State of Hawaii and the counties as additional insureds. (h) If a certified instructor receives: (1) One moving traffic violation in one year, the instructor shall be sent a warning letter by the department; (2) If the instructor receives two moving traffic violations within three years, the instructor's certificate shall be suspended for three months; (3) If the instructor receives three moving 139-13 2709 §19-139-13 traffic violations within five years, the instructor's certificate shall be suspended for six months; (4) If the instructor receives four moving traffic violations within ten years, the instructor's certificate shall be terminated. [Eff MAY 18 2006 ] (Auth: HRS §286-108.4) (Imp: HRS §286-108.4) §19-139-14 Display of driver education instructor certificate. All instructors shall display their driver education instructor certificate to their students in the vehicle during the time of instruction. [Eff MAY 18 2006 ] (Auth: HRS §286-108.4) (Imp: HRS §286-108.4) §19-139-15 Denial or termination of driver education instructor certificate. (a) The department may deny any application for a driver education instructor certificate upon any of the following grounds: (1) Failure to comply with or satisfy any of the requirements of this chapter; or (2) Falsification of any information provided to the department. (b) Any instructor may voluntarily terminate a driver education instructor certificate by returning the certificate to the department with a signed letter of explanation. (c) The department may revoke, suspend, cancel, or terminate the driver education instructor certificate and require the return of the certificate upon any of the following grounds: (1) Failure to comply with or satisfy any of the requirements of this chapter; 139-14 2709 §19-139-15 (2) Falsification of any records or information required by this chapter or otherwise relating to driver education; (3) Commission of any act which endangers a student; (4) Driver license suspension, revocation, cancellation, or disqualifications; (5) Inappropriate behavior directed toward a student by the instructor; (6) Mental or physical incapacity; (7) Unsatisfactory criminal history record check; or (8) Moving traffic violations as described in section 19-139-13(h). (d) The department may allow the instructor to cure any deficiency, if curable, within thirty days of receipt of notice by the department. (e) Any applicant whose application has been denied by the department or whose driver education instructor certificate has been suspended, revoked, canceled, or terminated and who has not cured the deficiency may within ten calendar days after receiving the notice of denial, suspension, revocation, cancellation, or termination appeal the department's action by submitting to the department a written request for an administrative review of the decision by the department. The request shall state the reasons why the application should not be denied, suspended, revoked, or terminated. Upon such request, the department shall respond in writing with an administrative review decision within thirty calendar days. Failure to request a review within ten calendar days after receiving the notice of denial, suspension, revocation, or termination of the application or driver education instructor certificate shall be deemed a waiver of a right to appeal. (f) Any person aggrieved by the administrative review decision of the department 139-15 27.0