R708-37-7
R708-37-7. Refusal to Certify, Grounds for Cancellation, Suspension, or Probation of a Tester's Certification
Cite as Utah Admin. Code R708-37-7
(1) The tester certification shall remain effective as long as the tester remains employed by the school as a tester, or until the tester certification is cancelled or suspended by the division.
(2) The division may:
(a) refuse to certify a tester;
(b) suspend an existing certification; or
(c) place a tester on probation.
(3) A tester certification may be suspended, placed on probation or refused issuance for:
(a) failure to comply with Title 53, Chapter 3, Part 5 Commercial Driver Training Schools Act;
(b) failure to comply with this rule and Rule R708-2;
(c) failure to meet the standards for training;
(d) providing false information in an application or form required by the division;
(e) conviction of a felony, or conviction of or reasonable grounds to believe a tester has committed an act of moral turpitude; or
(f) failure to appear for a hearing.
(4) A proceeding to suspend, place on probation, or refuse to issue or renew a certification is designated as an informal adjudicative proceeding under Section 63G-4-202.
(5) A tester who has had a certification suspended shall not be eligible to reapply for a certification until six months have elapsed since the date of the suspension.
(6) Following suspension, the applicant shall submit an application for re-certification.
(7) Upon receipt of a completed application, the division shall conduct a review process as established by the division director to determine eligibility for re-certification.
(8) Notice of the division's final decision shall be provided in writing to the applicant within 20 days of receipt of the completed application, required documentation, and fees.
(9) When a request for reinstatement is denied, the applicant shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision.
(10) Any applicant who has had a certification suspended by the division two times shall not be eligible to reapply for re-certification.