La. Admin. Code tit. 55 § III-118

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-118 - Administrative Actions

A. The department may suspend, revoke or cancel any certification, agreement, license, or permit granting the status of a third-party tester or third-party examiner for any violation of R.S. 32:401 et seq., LAC 55, Part III, Chapter 1, or the agreement signed by the third-party tester or third party examiner. Additionally, the department may impose a fine or other sanction for violation of R.S. 32:401 et seq., or LAC 55, Part III, Chapter 1, or the agreement signed by the third party examiner or third party tester.

B. The department shall deny any application, including any renewal application, for an agreement and a certification, as a third-party tester or third-party examiner if the applicant does not posses the qualification contained in R.S. 32:408.1 and LAC 55, Part III, Chapter 1. The department may also deny any renewal application if the department determines that the applicant has not administered skills test in accordance with the law and the agreement between the parties.

C. Any request for an administrative hearing to review the suspension, revocation or cancellation of any certification, license, or permit issued pursuant to R.S. 32:408.1 or LAC 55, Part III, Chapter 1, any other action, order or decision of the department regarding a third-party tester or a third-party examiner shall be in writing and received by the department within thirty days of the date the notice was mailed or hand delivered as the case may be.

D. Since the agreement between the parties is subject to contract law, and is not an order or decision for purposes of administrative law, no administrative hearing shall be granted in connection with the denial of an application for a new or renewal application to be certified as a third-party tester or third party examiner.

La. Admin. Code tit. 55, § III-118

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 24:2315 (December 1998), amended LR 26:1632 (August 2000).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:408.