Grounds for Discipline

(1) Suspension or Revocation of Operating Privileges. Upon suspension or revocation of the license or right to operate a motor vehicle, the certification of the driving instructor shall also be placed in suspension, for a period concurrent with the suspension of the operator privileges, without further notice from the Registrar. Nothing shall preclude the Registrar from suspending or revoking an instructor’s certificate if a driving record or other reports indicate that the holder is otherwise unfit to instruct driving students. (2) General Revocation or Suspensions. The Registrar may suspend or revoke a driving instructor’s certificate or driving school certificate for any reason stated in either M.G.L. c. 90, § 32G or § 32G½, or if the Registrar has reason to believe that the holder has violated 540 CMR 23.00 or the laws of the Commonwealth, including but not limited to, whenever the Registrar determines that the instructor or the school, or both, have failed to abide by the requirements of the Driver Education Program or have failed to abide by a policy or decision of the Registrar in regard to any of the program requirements or is otherwise unfit to instruct driving students. Except when an adverse decision of the Registrar regarding a certificate or driving school license is based upon a criminal conviction or the existence of a suspension or revocation of driving privileges, an applicant, certificate holder, or licensee shall be given an opportunity for a hearing prior to a final decision by the Registrar. A person entitled to the opportunity for a hearing shall be notified at least ten days prior to the date of hearing. 540 CMR 9.00 shall govern the notice, hearing and procedural requirements of such hearing. A driving school whose students consistently fail to meet established standards may be placed on probation and the Registrar may refuse to renew its license until satisfied that the reasons for the failure to meet the standards have been identified and corrected. Failure to cooperate with an investigation or inspection by the Registrar may result in license suspension. (3) Administrative Penalty. The Registrar may, after an opportunity for a hearing, impose civil administrative penalties not to exceed $5,000 for the failure of a program to comply with the law or regulations governing Driver Education Programs.