LAC 55:III.159. Suspension, Revocation and Penalty Assessment

A. All regulations outlined in this Chapter shall be adhered to by the driving school and its employees. The Office of Motor Vehicles may fine, suspend or revoke any driving school license, instructor license, examiner license, owner license or third-party tester agreement issued under these rules and regulations upon discovery of satisfactory evidence of violations. If the violation involves the owner of the driving school or other management staff, then the driving school may be assessed fines, or the license may be suspended or revoked, or both. If the violation involves the instructor, then the instructor may be assessed fines, or the license may be suspended or revoked, or both. Fines will be assessed based on the schedule of fines. If the fine is not paid within 30 days of the mailing of the notice of the fine, or an administrative hearing is not requested, the license, the contract, or both may be suspended or revoked. Driving School Fine Schedule The following range of fines that may be set for violations cited under the corresponding provision of statutory law, rules, or contract provisions. When citing specific violations, the Office of Motor Vehicles (OMV) will set the fine within the corresponding range. OMV reserves the right to evaluate each violation to determine the appropriate sanction based upon the severity of the conduct up to and including suspension or revocation of the license and contract. The previous imposition of a fine is not a prerequisite for the suspension or the revocation of a license or contract. Violation | First Violation (per student unless indicated otherwise) | Second or Subsequent Violation (per student unless indicated otherwise) For a driver education course, failure to provide a minimum of 30 hours of classroom instruction. §144 | $25 - $100 | $100 - $500 For a pre-licensing course, failure to provide a minimum of 6 hours of classroom instruction. §144 | $25 - $100 | $100 - $500 Failure to provide 8 hours of actual driving instruction. §144 | $25 - $100 | $100 - $500 A driving school advertising without having first obtained a license and contract with OMV. §144 | $25 - $100 | $100 - $500 No person shall hold himself for remuneration as a qualified or licensed instructor without obtaining a license and contract from OMV. §144 | $25 - $100 | $100 - $500 Failure to maintain Qualifications for a Driving School Owner/ Administrator during the period of the current license and contract. §145A | $25 - $100 (per qualification requirement) | $100 - $500 (per qualification requirement) Failure to maintain Qualifications for Instructor. §145B | $25 - $100 (per qualification requirement) | $100 - $500 (per qualification requirement) Non-compliance with Application Process and Fees for Private Driving Schools and Instructors §146. | $25 - $100 (per requirement) | $100 - $500 (per requirement) Failure to comply with location requirements. §147A. | $25 - $100 | $100 - $500 Failure to comply with bond requirements. §147B. | $25 - $100 | $100 - $500 Failure to comply with classroom requirements. §147C. | $25 - $100 | $100 - $500 Failure to comply with examination requirements. §147D | $25 - $100 | $100 - $500 Failure to comply with Regulations and Policies for Secondary and Alternative School Driver Education Courses. §150. | $25 - $100 (per requirement) | $100 - $500 (per requirement) Failure to comply with Regulations for All Driver Education Providers. §151. | $50 - $200 (per requirement) | $200 - $1000 (per requirement) Failure to comply with. School Policies and Course Specifications. §152 | $50 - $200 (per requirement) | $200 - $1000 (per requirement) Failure to comply with Parental Orientation. §153 | $25 - $100 | $100 - $500 Failure to comply with Driver Education Curriculum requirements. §154 | $50 - $200 | $200 - $1000 Failure to comply with Third-Party Tester/Examiner Requirements. §155. | $50 - $200 | $200 - $1000 Failure to comply with Application Process and Fees for Third-Party Testers/Examiners. §156. | $25 - $100 | $100 - $500 Failure to comply with General Regulations for Third-Party Testers. §157. | $50 - $200 | $200 - $1000 Non-compliance with a provision of contract. | $50 - $200 | $200 - $1000 Non-compliance with any statutory requirement in R.S. 32:402.1, R.S. 32:408, R.S. 32:408.1, or R.S. 40:1461 et seq. | $50 - $200 | $200 - $1000 1. Any instructor whose driving privileges have been suspended or revoked is subject to having his instructor’s license suspended or revoked. 2. Any behind-the-wheel instructor who has been arrested for driving while intoxicated or operating a vehicle while under the influence of alcohol or drugs, shall be immediately suspended and shall remain suspended until a final disposition of the charges are received by DPS. 3. The license of any instructor arrested for any crime enumerated in R.S. 15:587.1(C) (the Child Protection Act) shall immediately be suspended and shall remain suspended until a final disposition of the charges are received by DPS. 4. Instructors who are arrested and indicted, or both, for any disqualifying offense listed in Section 145 shall be suspended and their license will remain suspended until final disposition of the offense has been received by DPS. 5. In the event a driving school owner’s license or a driving school instructor’s license issued pursuant to this Chapter is revoked, he shall not be involved in the administrative duties of the school. 6. Each school shall respond to the findings in the compliance review as to how the school shall correct the violations within the prescribed time stated in the compliance review. The response may be sent via email. B. Appeal Rights 1. Notice of Suspension, Revocation or Fine a. A currently licensed owner/instructor whose license and third-party tester agreement is revoked or suspended, or who has been assessed a fine, shall be notified in writing by DPS either by email or mail. 2. General Provisions a. Except as otherwise provided by these rules, any notice shall be served by certified mail, return receipt requested, or hand delivered to the permanent address that is provided in the application or latest amendment thereto, on file with DPS. Notice shall be presumed to have been given in the event an incorrect or incomplete address is supplied to DPS by the applicant or if the applicant fails to accept properly addressed certified mail. b. Any fine levied by DPS which is adjudicated to a final administrative judgment shall be paid within 10 business days of said judgment becoming final. Failure to pay such a fine within 10 business days may serve as grounds to suspend or revoke any license or contract under this Part. c. In cases of serious violations of the law or these rules, or in situations in which the law calls for prompt suspension or revocation, or violations which present a danger to the public health, safety or welfare, DPS may provide notice. Such notice shall be promptly documented and confirmation in writing shall be provided to the applicant. d. Any request for an administrative hearing for a fine, suspension or revocation of a license or third-party tester agreement shall be made in writing and sent to DPS (Training and Certification Unit, P.O. Box 64886, Baton Rouge, LA 70896) within 30 calendar days. The action and/or penalty shall become final if the request for an administrative hearing is not submitted timely.