19A NCAC 03B .0716      DENIAL/TERMINATION OF THIRD PARTY TESTING PROGRAM/CERTIFICATION

(a)  The Division may deny any application for a Third-Party Tester or Examiner's Certificate, if the applicant does not qualify for the certificate under provisions of these Rules. Misstatements or misrepresenta­tion may be grounds for denying a certificate.

(b)  Any Third-Party Tester or Examiner may relinquish certification upon 30 days notice to the Division.

(c)  The Division may revoke the certificate of a Third-Party Tester or Examiner upon the following grounds:

(1)           Failure to comply with or satisfy any of the provisions of these Rules, the Division instructions or the Third-Party Tester Agreement;

(2)           Falsification of any record or information relating to the Third-Party Testing program;

(3)           Commission of any act which compromises the integrity of the Third-Party Testing program;

(4)           For Third Party Examiner: driver license suspension, revocation, cancellation, or disqualifications; and

(5)           For Third Party Examiner: conviction of driving while impaired (DWI);

(6)           Possessing more than one license;

(7)           Having a physical impairment that in the judgment of the Division would impair his ability to safely operate a motor vehicle of the class required to certify others.

(d)  If the Division determines that grounds for cancellation exist for failure to comply with these Rules or the Third-Party Tester Agreement, the Division may postpone cancellation and allow the Third Party Tester or Examiner 30 days to correct the deficiency.

(e)  If Third Party Examiner or Tester is alleged to be in violation of any provisions of these Rules, the Examiner or Tester:

(1)           Shall be notified by registered or certified mail;

(2)           May request a hearing. The request must be within ten days of receipt of the registered or certified letter; and

(3)           May be represented by counsel.

(f)  Upon completion of the hearing, the Division shall notify the Third-Party Tester or Examiner within ten days of its decision which may be appealed.

(g)  Recertification will be required if any Third-Party Tester or Examiner, or Third-Party Tester's or Examiner's certification is revoked or cancelled.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990;

Amended Eff. December 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.